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These Terms of Use  apply to the use of sillverbulletcutters.com, all its sub-domains and all  associated services including, but not limited to, e-mail received from sillverbulletcutters.com  and all its sub-domains, and content embedded from other websites  (collectively, the "Website."). By browsing or otherwise using the Website, you accept these Terms of Use. All users of the Website agree that access to and use of the Website is subject to the following terms and conditions and other applicable law. If you do not agree with these Terms of Use, please do not access or use the Website.

 

Privacy

  Please review our Privacy Policy,  which also governs your visit to stagingplus.net, to understand our  practices.

 

Copyright

  The entire content included in this Website, including but not limited to text,  graphics, page headers, logos, button icons, images, audio clips, data compilations  and software (hereinafter the “Content”) is copyrighted as a collective work  under United States and any other applicable copyright laws. The Content is the  exclusive property of Silver Bullet Cutters and/or is subject to trademark,  service mark, trade dress, copyright and/or other intellectual property rights  or licenses held by Silver Bullet Cutters, by one of its affiliates or by third  parties who have licensed or assigned their rights, interests and/or materials  to Silver Bullet Cutters. All software used on this site is the property of Silver Bullet Cutters or its software suppliers and protected by United States and international copyright laws.

  The Content is intended solely for personal and non-commercial use by the users of our site. As such a user, you may download, print and store selected  portions of the Content, but only if: (1) use of any such copies is limited to  your own personal and non-commercial use; (2) you do not copy or post the  Content on any network computer or broadcast the Content in any media and/or in  any form or format; (3) you do not modify or alter the Content in any way, or  delete or change any copyright or trademark notice; and (4) you properly credit  any intellectual property rights to sillverbulletcutters.com and/or Silver Bullet Cutters. You are expressly prohibited from downloading, copying, displaying, printing out, or sending a copy to others for bulk or commercial uses, or for any defamatory or otherwise illegal purpose. Any other use including, but not limited to, the reproduction, distribution, display, transmission, or creation of derivative works of the Content is strictly prohibited, unless authorized in writing by Silver Bullet Cutters. No right, title or interest in any downloaded or copied materials are transferred to you as a result of any such downloading or copying.

 

Copyright Policy

  Silver Bullet Cutters respects the intellectual property of others, and we ask users of our websites to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, any users who use their privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. We may also, at our sole  discretion, limit access to this Website and/or terminate the accounts of any  users who infringe any intellectual property rights of others, whether or not  there is any repeat infringement.

 

Notice and Procedure for Notifying Designated Agent of Claims of Copyright Infringement
  If you believe that any material on this Website infringes upon any copyright which you own or control, or that any link on this Website directs users to another website that contains material that infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below. Notifications of claimed copyright infringement must be sent to Silver Bullet Cutters' Designated Agent. Our Designated Agent may be reached as follows:

 

  Designated Agent: 
  Sherri Jensen

  Address of Designated  Agent: 
  Silver Bullet Cutters
  5995 149th St. West
  Suite 104
  Apple Valley, MN 55124

  Telephone Number of Designated Agent:
  877-627-1199

 

Any written notice describing the infringing activity must include the following information:

     
  1. An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2.  
  3. A description of the allegedly infringing work or material;
  4.  
  5. A description of where the allegedly infringing material is located on the Website;
  6.  
  7. Information reasonably sufficient to allow us to contact you, such as your address, telephone number and email address;
  8.  
  9. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law; and
  10.  
  11. A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.

Trademarks

  All trademarks, service marks, and trade names of Silver Bullet Cutters used in the Website are trademarks, registered trademarks or trade dress of Silver Bullet Cutters in the United States and/or other countries. Silver Bullet Cutters’ trademarks and trade dress may not be used in connection with any product or service that is not Silver Bullet Cutters’, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Website or Silver Bullet Cutters. All other trademarks not owned by Silver Bullet Cutters that appear on the Website are the property of their respective  owners, who may or may not be affiliated with, connected to, or sponsored by Silver Bullet Cutters.

 

Warranty Disclaimer

  THIS WEBSITE AND THE MATERIALS, PRODUCTS AND SERVICES ON THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY  KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO  APPLICABLE LAW, SILVER BULLET CUTTERS DISCLAIMS ALL WARRANTIES, EXPRESS OR  IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY  AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SILVER BULLET CUTTERS  DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL  BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT  THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES  OR OTHER HARMFUL COMPONENTS. SILVER BULLET CUTTERS DOES NOT MAKE ANY WARRANTEES  OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS  OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY  OR OTHERWISE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND ANY INFORMATION CONTAINED HEREIN IS AT YOUR SOLE RISK. SILVER BULLET CUTTERS IS NOT  LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM  ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES  INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING,  BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL  DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
 
  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

Modifications

  We reserve the right to modify these Terms of Use at any time by posting such change here. Your continued use of this Website after such change is made constitutes acceptance of and agreement to be bound by the Terms of Use as modified.

 

Limitation of Liability

  You expressly understand and agree that under no circumstances shall Silver Bullet Cutters be liable to any user on account of that user’s use or misuse of and reliance on the Website and Content. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages, even if Silver Bullet Cutters has been advised of the possibility of such damages. Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Website and Content, from inability to use the Website and Content, or from the interruption, suspension, or termination of the Website and Content (including such damages incurred by third parties). Such limitation of liability shall apply to the fullest extent permitted by law.

 

Typographical Errors

  The information and materials on the Website may contain errors or inaccuracies, including both typographical and substantive errors. We reserve the right, in our sole discretion, without any obligation and without any notice requirement, to discontinue, change, improve or correct the information, materials and descriptions on the Website and to suspend or deny access to the Website for scheduled or unscheduled maintenance, upgrades, improvements or corrections. Any dated information is published as of its date only, and we have no responsibility to update or amend any such information.

  In the event that a Silver Bullet Cutters product or service is mistakenly listed at an incorrect price, Silver Bullet Cutters reserves the right to refuse or cancel any orders placed for product or service listed at the incorrect price. Silver Bullet Cutters reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Silver Bullet Cutters shall issue a credit to your credit card account in the amount of the incorrect price.

   

Term; Termination

  These terms and conditions are applicable to you upon your accessing the Website and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Silver Bullet Cutters without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

 

Notice

 

  Silver Bullet Cutters may deliver notice to you by means of e-mail, a general  notice on the Website, by postal mail or by any reliable method using the  information you have provided to Silver Bullet Cutters.

 

Use of Website

  Harassment in any manner or form on the Website, including via e-mail, chat, or by use of obscene or abusive language or material, is strictly forbidden.  Impersonation of others, including a Silver Bullet Cutters or other licensed employee, host, or representative, as well as other members or visitors on the Website is prohibited. You may not upload to, distribute, or otherwise publish through  the Website any content which is libelous, defamatory, obscene, threatening,  invasive of privacy or publicity rights, abusive, illegal, or otherwise  objectionable which may constitute or encourage a criminal offense, violate the  rights of any party or which may otherwise give rise to liability or violate  any law. You may not upload commercial content on the Website or use the  Website to solicit others to join or become members of any other commercial  online service or other organization.

  You may not attempt to gain unauthorized access to the Website or computer systems or networks connected to the Website, through hacking, password or data mining, or any other means to circumvent security procedure. You may not use  the Website in any manner that could damage, disable, overburden, or impair the  Website or any service we provide, or interfere with any other party's use and  enjoyment of the Website.   

Participation Disclaimer

  Silver Bullet Cutters does not and cannot review all communications and materials posted to or created by users accessing the Website, and are not in any manner responsible for the content of these communications and materials.  You acknowledge that by providing you with the ability to view and distribute user-generated content on the Website, Silver Bullet Cutters is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any content or activities on the Website. However, Silver Bullet Cutters reserves the right to block or remove communications or materials  that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent,  deceptive, or misleading, (c) in violation of a copyright, trademark or other  intellectual property right, or (d) offensive or otherwise unacceptable to Silver Bullet Cutters in its sole discretion.

 

Indemnification

  You agree to indemnify, defend, and hold harmless Silver Bullet Cutters, its  members, officers, directors, employees, agents, licensors and suppliers from  and against all losses, expenses, damages and costs, including reasonable  attorneys' fees, made by any third-party arising out of any violation of the Terms  of Use or any activity related to your account (including negligent or wrongful  conduct) by you or any other person accessing the Website using your Internet  account.

 

Third-Party Links

  In an attempt to provide a better online experience to our visitors, Silver Bullet Cutters may link to websites operated by third parties. However, even if the third party is affiliated with Silver Bullet Cutters, Silver Bullet Cutters has no control over these linked websites, all of which have separate privacy and data collection practices, independent of Silver Bullet Cutters. We are not responsible for other sites' content, information collection practices, or use of the information they collect. Links to other websites do not constitute an endorsement of those sites or their content. These linked websites are only for your convenience and therefore you access them at your own risk. Nonetheless, Silver Bullet Cutters seeks to protect the integrity of its Website and the links placed upon it and therefore requests any feedback on not only its own Website, but for websites it links to as well (including if a specific link does not work).  We encourage you to link to our Website, but you acknowledge that such linking  does not constitute an endorsement by us of you, your website, your company or  any information or content therein.

 

Quotes and Purchases

  By using the Website and/or accessing the Content, you understand and agree that any purchase of any product or service from Silver Bullet Cutters, that you make online, by mail order, or by telephone shall be governed solely by the terms of any sales contract and/or agreement associated with such purchase. No  terms appearing in this or any other document, other than a sales contract  and/or agreement, shall govern the sale of any product or service, unless such  has been agreed to in writing by both parties prior to any sale.

 

General Provisions

 

Your use of this Website shall be governed by and construed in accordance with  the laws of the State of Minnesota, in the United States, without regard to or  application of choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Website (including but not limited to the purchase of Silver Bullet Cutters products and services) shall be in the state or federal courts sitting in Dakota County, in the State of Minnesota. Any cause of action or claim you may have with respect to the Website (including but not limited to the purchase of Silver Bullet Cutters products and services) must be commenced within one (1) year after the claim or cause of action arises.

 

Silver Bullet Cutters' failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Any attempt by you to assign, transfer or delegate these Terms of Use shall be null and void.

 

Silver Bullet Cutters may assign its rights and duties under this Agreement to any party at any time without notice or consent. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the complete agreement between you and Silver Bullet Cutters, with respect to the subject matter herein and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.

 

Revision Date:October 8,  2014