Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY

By using the pages in this site, you agree to these terms and conditions. If you do not agree, you should not use this site.

RESTRICTIONS ON USE

Material from www.ocreek.com and any other internet site owned, operated, licensed, or controlled by Otter Creek Outfitters or any of its related, affiliated, or subsidiary companies (together, "Otter Creek") may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of Otter Creek EXCEPT: you may download one copy of the material on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of the materials for any other purpose violates Otter Creek intellectual property rights. The material in this site is provided for lawful purposes only. If you download software from our site, the software, including all files, images, contained in or generated by the software, and accompanying data (together, the "Software") are deemed to be licensed to you by Otter Creek. Neither title nor intellectual property rights are transferred to you, but remain with Otter Creek, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form.

RESTRICTION OF LIABILITY

Otter Creek will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Otter Creek will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if there is negligence or Otter Creek or an authorized Otter Creek representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. Otter Creek total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to access this site.

SUBMISSIONS

All remarks, suggestions, ideas, graphics, or other information communicated to Otter Creek through this site (together, the "Submission") will forever be the property of Otter Creek. Otter Creek will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Otter Creek operations. Without limitation, Otter Creek will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, Otter Creek will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. Personally identifiable information that may be received at this site is provided voluntarily by a visitor to this site. This information is for internal purposes only and is not sold or otherwise transferred to third parties of Otter Creek or to other entities who are not involved in the operation of this site. You acknowledge that you are responsible for whatever material you submit, and you, not Otter Creek, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

JURISDICTION

Except as described otherwise, all materials in the Otter Creek site are made available only to provide information about Otter Creek. Otter Creek controls and operates this site from its headquarters in Nashville, Tennessee, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations you are responsible for compliance with applicable local laws.

DISCLAIMER

The material in this site could include technical inaccuracies or typographical errors. Otter Creek may make changes or improvements at any time. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. OTTER CREEK DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OTTER CREEK DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL 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. OTTER CREEK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT OTTER CREEK) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

This website contains downloadable materials as well as links to external sites. Otter Creek is not responsible for, and has no control over, the content of such downloadable materials or external sites. You understand that Otter Creek Outfitters cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through this website, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties.

TERMINATION

Otter Creek or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from all Otter Creek sites, and (b) all related documentation and all copies and installations (together, the "Materials"). Otter Creek may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all Materials.

MISCELLANEOUS

These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of Tennessee, United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this site. Otter Creek can revise these Terms and Conditions at any time by updating this posting. Otter Creek products and services are available in many parts of the world. However, the Otter Creek site may describe products and services that are not available worldwide. This site may be linked to other sites which are not maintained by Otter Creek. Otter Creek is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by Otter Creek of the sites.

TRADEMARK INFORMATION

The following trademarks used herein are owned by Otter Creek and its affiliates: Otter Creek, Otter Creek Outfitters, Sasq(wash), Grit Happens, Hair of the Dog, Camotion, Spit Shine, Snake Skin, and Duck Call Primer.

OTTER CREEK CUSTOMER E-MAIL CENTER TERMS AND CONDITIONS

Submission of Ideas: Otter Creek values customer feedback. However, Otter Creek will not accept or consider unsolicited ideas, suggestions, or materials, so we must ask you not to send us your ideas for our business. We hope that you understand that it is the intent of this policy to avoid the possibility of future misunderstandings when products or other Otter Creek promotions or initiatives developed by Otter Creek professional staff might seem to others similar to their own creative work.

If, despite this request, you send us suggestions or ideas ("Submissions"), the Submissions shall be deemed to have been submitted voluntarily and shall remain the property of Otter Creek. Subject only to the limitations set forth in Otter Creek Privacy Policy, Otter Creek shall have the right to copy, distribute, transmit, perform, display, modify, adapt, and otherwise use your Submission for any purpose whatsoever (including, without limitation, in the development, manufacture and marketing of products and services based on or incorporating ideas, know-how and techniques contained in your Submission), in all forms and media (including, without limitation, by means of the Internet or other electronic media) throughout the world. Otter Creek shall assume no duty of confidentiality, express or implied, with respect to any Submission and will have no liability for the use or disclosure of your Submission. Accordingly, Otter Creek will have no obligation to treat your Submission as confidential or to compensate you or anyone else for your Submission or any use of your Submission by Otter Creek or others.

Information Sharing Policy: Any information provided to Otter Creek will not be sold for mailing lists or solicitation. We may, however, contact you by mail to survey your satisfaction with Otter Creek or to inform you of new products or promotions at Otter Creek.

These Customer E-mail Center Terms and Conditions do not replace but supplement Otter Creek Internet Site Terms and Conditions or Fine Print.
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