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Terms of Use

WEBSITE TERMS OF USE
Effective March 1, 2022

The following is a description of the terms that Mossberg & Company, Inc. (“Mossberg”) offers in connection with your access and use of mossbergco.com and all related websites (“Sites”). These Terms of Use contain the terms and conditions that govern your use of the Sites. Please read these Terms of Use carefully and completely before using this Site. By accessing, visiting, browsing, using, or attempting to interact with any part of the Sites you agree that you have read, understand, and agree to be bound by these Terms of Use. If you do not agree to be bound by these Terms of Use, do not access, or use any part of the Sites. These Terms of Use apply solely to the use of the Sites and do not extend to any other sites or imbedded links to third-party sites. The information and resources contained on and accessible through this Site are made available by Mossberg and its suppliers and vendors, subject to your agreement to the terms and conditions below.

You should periodically review these Terms of Use for any updates or changes. Mossberg reserves the right, from time to time, with or without notice to you, to update these Terms of Use at Mossberg’s sole discretion. Continued use of any part of the Sites constitutes your acceptance of such changes. The most current version of these Terms of Use, which supersedes all previous versions, can be reviewed by clicking on the “terms of use” hyperlink located at the bottom of every page of the Sites. The date on the bottom right corner of the Terms of Use shows you the date such Terms of Use went into effect.

1. Access to this Site. To access this Site or some of the resources it offers, you may be asked to provide or submit information to Mossberg. It is a condition of your use of this Site that all the information you provide on this Site will be correct, current, and complete. If Mossberg believes the information you provide is not correct, current, or complete, Mossberg has the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time.

2. Restrictions On Use. You may use this Site for purposes expressly permitted by this Site. As a condition of your use of Mossberg Sites, you warrant to Mossberg that you will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) cobrand this Site, or (ii) frame this Site, or (iii) hyperlink to this Site in a way that suggests that you are affiliated with Mossberg or that you are an approved sponsor of Mossberg, without the express prior written permission of an authorized representative of Mossberg. For purposes of these Terms of Use, “cobranding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or Content accessible within this Site. You agree to cooperate with Mossberg in causing any unauthorized cobranding, framing, or hyperlinking immediately to cease. In addition, you may not use Mossberg’s Sites in any manner which could disable, overburden, damage, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not alter any Contents located on the Sites including, but not limited to, the price or description of any product or item listed on the Sites. You may not manipulate or circumnavigate our fees, our billing activities and processes, or fees owed to Mossberg. You may not obtain or attempt to obtain any materials, Content, or information through any means not intentionally made available or provided for through the Sites. You are not permitted to transfer your Mossberg online account (“Account”) to another party. You are also not permitted to register or use any email address that you do not own or for which you do not have the express permission of the owner to register with Mossberg.

3. Account Information. With respect to your online Account established on our Sites, you agree to provide true, accurate, current, and complete information about yourself. It is your responsibility to maintain and promptly update this Account information to keep it true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your Account without notice and refuse any and all current and future use of the Sites, including terminating any pending orders.  Because any termination of your access to the Site may occur without prior notice, you agree that Mossberg, in its sole discretion, may immediately deactivate or delete your Account and all related information and files in your Account and bar any further access to such files or the Sites. Furthermore, you agree that Mossberg will not be liable to you or any third party for any termination of your access to your Account or the Sites.

When you create an Account, you will be asked to supply a password. You are responsible for maintaining the confidentiality of the password and Account and are fully responsible for all activities that occur in connection with your password or Account including, but not limited to, purchases made with your Account. You agree to immediately notify Mossberg of any unauthorized use of either your password or Account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access the Sites using your Account or email.

4. Proprietary Information. The material and content accessible from the Sites, and any other Sites owned, operated, licensed, or otherwise controlled by Mossberg (“Content” or “Contents”) is the proprietary information of Mossberg or the party that provided or licensed the Content to Mossberg, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Mossberg, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates Mossberg’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site.

5. Hyperlinks. This Site may include imbedded hyperlinks to other sites which are not maintained by, or related to, Mossberg. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with the Sites or Mossberg. Mossberg may not have reviewed any or all of such sites and is not responsible for the content of those sites. Mossberg is not responsible for webcasting, or any other form of transmission received from any hyperlinked site. Hyperlinks are to be accessed at the user’s own risk, and Mossberg makes no representations or warranties about the content, completeness, or accuracy of these hyperlinks or the sites hyperlinked to this Site. Mossberg provides hyperlinks as a convenience, and the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by Mossberg of that site or any association with its operators.

6. Use of Communication Services. Mossberg Sites or associated Mossberg social media account pages may contain forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send, and receive messages and content that are proper and related to the particular Communication Service.

Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with the Site or social media accounts any material that:

  1. you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
  2. advocates illegal activity or discusses an intent to commit an illegal act;
  3. does not pertain directly to the Sites;
  4. threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, disparaging, discriminatory, abusive, harassing, or hostile;
  5. seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  6. harvests or otherwise collects information about others, including e-mail addresses, without their consent;
  7. violates any law or may be considered to violate any law;
  8. impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  9. falsifies or deletes any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded;
  10. advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on the Sites;
  11. solicits funds, advertisers, or sponsors;
  12. includes programs that contain viruses, worms, and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications;
  13. disrupts the normal flow of dialogue, causes a screen to scroll faster than other users can type, or otherwise acts in a way which affects the ability of other people to engage in real-time activities via the Site or social media accounts;
  14. amounts to a “pyramid” or other like scheme, including contests, chain letters, and surveys;
  15. disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of the Sites, any networks connected to this Sites, or any social media account sites; or
  16. contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.

No prohibition in these Terms of Use is applicable to statements made or actions taken by an employee with respect to the employee’s right to engage in concerted activity for the purpose of collective bargaining or other mutual aid or protection.

Mossberg reserves the right to monitor use of the Sites and social media accounts to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. Mossberg reserves the right to terminate your access to any or all the Communication Services at any time without notice for any reason whatsoever. Mossberg also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction, and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.

Notwithstanding these rights, you remain solely responsible for the content of your submissions. You agree that neither Mossberg nor any third party that provides Content to Mossberg will assume or have any liability for any action or inaction by Mossberg or such third party with respect to any submission. Mossberg cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. Mossberg does not control or endorse the content, messages, or information found in any Communication Service and, consequently, Mossberg specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Mossberg spokespersons, and their views do not necessarily reflect those of Mossberg.

7. Submissions. Section 3 of the Mossberg & Company, Inc. Purchasing Terms and Conditions (“Terms”) governs use of submissions related to the productions of Products and Section 10 of the Terms covers the applicable publicity release. This Section governs all other submissions made on the Sites. You hereby grant to Mossberg the royalty-free, perpetual, irrevocable, worldwide, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Mossberg through this Site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Mossberg will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability because of any similarities that may appear in future Mossberg operations.

Mossberg will treat any personal information that you submit through this Site in accordance with its Privacy Policy, which is incorporated by reference as a part of these Terms of Use.

8. Disclaimer. You understand that Mossberg cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for any reconstruction of any lost data. Mossberg does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Mossberg.

YOUR USE OF THE SITES IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS-IS,” “AS-AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. MOSSBERG DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. MOSSBERG DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOSSBERG DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MOSSBERG MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT MOSSBERG, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. MOSSBERG MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in the Sites, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site and is not guaranteed to be accurate or without error, and Mossberg does not undertake any obligation to update such information after it is posted or to remove such information from the Sites if it is not, or is no longer accurate or complete.  Mossberg does not warrant that product descriptions or other Contents on this Site are accurate, complete, reliable, current, or error-free. Please contact us to let us know if you find an error or discrepancy anywhere on the Sites.

9. Limitation on Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOSSBERG, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES, OR WITH THE PROVISION OF, OR FAILURE TO MAKE AVAILABLE, ANY INFORMATION, SERVICES, PRODUCTS, MATERIALS, OR OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THE SITES, EVEN IF MOSSBERG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL THE COLLECTIVE LIABILITY OF MOSSBERG AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100.00 OR THE AMOUNT YOU HAVE PAID TO MOSSBERG FOR THE APPLICABLE PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.

You agree that the limitations set forth above are fundamental elements of these Terms of Use and the Sites would not be provided to you absent such limitations.

10. Termination or Restriction of Access. Mossberg reserves the right, in its sole discretion, to terminate your access to any or all of Mossberg’s Sites and the related services or any portion thereof at any time, without notice. Mossberg may also terminate your Account for inactivity or any other reason at Mossberg’s sole discretion. You may report possible violations of these Terms of Use by any third party to Mossberg by contacting Mossberg.

Mossberg and its suppliers and vendors may change or modify the information, services, products, materials, and any other resources contained on or accessible through the Sites, or discontinue the Sites altogether, at any time without notice.

11. Indemnity. You will indemnify and hold Mossberg, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site.

12. Trademarks And Copyrights. Trademarks, service marks, logos, and copyrighted works appearing in this Site are the property of Mossberg or the party that provided the trademarks, services marks, logos, and copyrighted works to Mossberg. Mossberg and any party that provided trademarks, service marks, logos, and copyrighted works to Mossberg retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this Site.

All Contents of Mossberg’s Sites, not otherwise copyrighted, are Copyright © year of posting Mossberg & Company, Inc. All rights reserved.

13. Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Mossberg the written information specified below. Please note that this procedure is exclusively for notifying Mossberg and its affiliates that your copyrighted material has been infringed.

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed upon;
  3. A description of where the material that you claim is infringing is located on the Site, including the exact URL, if applicable;
  4. Your address, telephone number, and e-mail address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, these Terms of Use, or the law;
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

For notice of claims of copyright infringement on the Sites, Mossberg can be reached as follows:

Mossberg & Company, Inc.
Attn: Director of Administration
301 E. Sample St.
South Bend, IN 46601

14. Security. Any passwords used for this Site are for individual use only. You will be responsible for the security of your password (if any). Mossberg will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Mossberg considers insecure, Mossberg will be entitled to, but is not obligated to, require the password to be changed and/or terminate your Account.

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Mossberg reserves the right to release your details to system administrators at other sites to assist them in resolving security incidents. Mossberg reserves the right to investigate suspected violations of these Terms of Use.

Mossberg reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Mossberg to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use or any law or regulation. BY ACCEPTING THESE TERMS OF USE, YOU WAIVE AND HOLD HARMLESS MOSSBERG FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MOSSBERG DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MOSSBERG OR LAW ENFORCEMENT AUTHORITIES.

15. Miscellaneous. These Terms of Use will be governed and interpreted pursuant to the laws of the State of Indiana, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in the State of Indiana in connection with any dispute between you and Mossberg arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state courts in St. Joseph County, Indiana, or the federal courts in the Northern District of Indiana.

If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mossberg because of these Terms of Use or your use of Mossberg’s Sites.

You are solely responsible for compliance with any laws or regulations related to the resale of products or services purchased in connection with the Sites and agree to indemnify, defend, and hold Mossberg harmless for any matters arising from such resale.

These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the user and Mossberg with respect to Mossberg’s Sites. You understand that notwithstanding this provision, by using the Sites you agree to Mossberg’s Privacy Policy and Purchasing Terms and Conditions.

Failure by Mossberg to take action for a violation of these Terms of Use in no way waives Mossberg’s rights to take action with respect to subsequent or similar violations.

A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the items to which they pertain.

Mossberg may revise these Terms of Use at any time by updating this posting. The most current revision date can be found at the top of these Terms of Use. You should periodically review these Terms of Use for any updates or changes. Your continued use of the Sites constitutes notice and acceptance of any such changes.