Please read these Terms carefully. Your use of the Site constitutes your agreement, without modification, to all of the terms, conditions, and notices in this Agreement. If you do not accept this Agreement, you may not use the Site.
As used in this Policy, "we," "our" or "us" refers to CST. "You," "yours" or other similar designation refers to the person accessing or using the Site.
We reserve the right to change these Terms at any time by posting revised Terms on the Site or by sending an email to the last email address you gave us, so we encourage you to review this web page periodically. The changes will be effective immediately when posted. Your use or continued use of the Site following the posting of any changes to these Terms shall constitute your acceptance of the changed Terms.
USE OF SITE
You take full responsibility for the selection and use of and access to the Site and any Products you may purchase from us via the Site. We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any feature, database or content. We may also impose limits on certain features and services or restrict your access to part, or all, of the Site, without notice or liability.
All of the Site content we make available to you (including, without limitation, product information) is subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by us or our licensors. We grant you a limited license to access and use the Site only to gather information about and purchase our Products. You may not use the content displayed on the Site for any other purpose. This is an Agreement for access to the Site only, and you are not granted a license to any software by this Agreement. Nothing on the Site shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication, or otherwise. We and our licensors retain all right, title and interest in and to the Site and reserve all rights not expressly granted herein.
You may not download (other than page caching) any of the Site. You also may not copy, modify, publish, distribute, transfer or create derivative works from any of the Site or any materials on the Site (including, without limitation, computer programs or other code). You must abide by all trademark and copyright notices, information, or restrictions contained in or attached to any portion of the Site.
Your license to access and use the Site does not include the right to resell any of the Site or its contents. You may not collect or use any service listings, descriptions, or prices; download or copy account information for the benefit of a third party, or use data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any proprietary information (including images, text, page layout, or form) of the Site without our written consent. You may not use any metatags or any other "hidden text" utilizing the name, domain name or trademarks of CST or Compressport International SA without our express written consent. Any unauthorized use terminates the permission or license granted by us to access the Site.
As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. Without limiting the generality of the foregoing, (1) you may not use the Site in a manner that could damage, disable, or impair the Site or interfere with another party's use of the Site; (2) you may not obtain or attempt to obtain any content through any means not intentionally made available through the Site; (3) you will not obtain or attempt to obtain access to any other user’s account; and (4) you will not upload, post, distribute or otherwise publish through the Site any materials that (i) restrict any other user from using and enjoying the Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would give rise to civil liability or otherwise violate any law, (iv) violate or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or other proprietary rights, or (v) contain a virus or other harmful component.
Although we have no obligation to monitor the content provided by you or your use of the Site, we may do so and may, in our sole discretion, block or remove any content or Submissions (as defined below), or prohibit any use of the Site that we believe may be (or is alleged to be) in violation of this Agreement. In no case will such monitoring or related action make us responsible or liable for compliance with any laws or other obligations, for which you remain solely responsible and liable.
By posting or submitting any materials or any other communication (individually or collectively "Submissions") to or through the Site (e.g. via an email contact form or through an online forum, to the extent we make such features available), you grant us and our affiliated companies and necessary sub-licensees a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Submissions, in all media now known or hereafter developed, unless otherwise prohibited by the terms of these Terms or any applicable federal, state or local law or regulation. You waive all rights to any claim against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with our authorized use of such Submissions.
By posting or submitting your Submissions, you warrant and represent that you own or control all of the rights to your Submissions, including, without limitation, all the rights necessary for you to provide or submit such Submission. You acknowledge that, by submitting Submissions through the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and us other than pursuant to these Terms or applicable federal, state or local law or regulations.
By using the Site, you grant CST and its providers and licensors the right to collect anonymized data about your Submissions, the content you view and the Products you purchase (“Site Metrics Data”). You agree that we may collect this data by automated means, such as data mining, robots, scraping and similar extraction tools. You hereby grant us and our affiliated companies and necessary sub-licensees a nonexclusive, worldwide, royalty-free, sub-licensable and transferable right during the term of this Agreement to use, copy, reproduce, reformat, modify, create derivative works based on, excerpt, translate, publish, transmit, perform, upload, or display such Site Metrics Data (including all related intellectual property rights) solely in connection with providing to you the Products. In addition, you grant CST and its affiliated companies and necessary sub-licensees a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable and transferable right to use, copy, reproduce, reformat, modify, create derivative works based on, excerpt, translate, publish, broadcast, transmit, perform, upload, or display your Site Metrics Data (including all related intellectual property rights), only as aggregated with other customer Site Metrics Data in a manner that does not contain personally identifiable information, to improve or market the Site or the Products.
THIRD PARTY SITES AND SERVICES
The Site may contain links to, or incorporate or utilize, other websites, services, advertisements, promotions, information, materials or social media tools owned or maintained by third parties (collectively, "Third Party Services"). These Third Party Services may, among other things, display advertisements or other content we believe may be relevant to you or may allow you or us to manage access, post content and manage content on social network. You hereby grant us all required permissions to access such Third Party Services and provide these functionalities.
The Third Party Services are not under our control, and we are not responsible for the contents of any Third Party Services or any changes or updates to a Third Party Service. We do not guarantee the accuracy and completeness of the information obtained through any Third Party Service. Accordingly, we will not be liable for decisions made based upon information on the Third Party Services. We are not responsible for web casting or any other transmission received from any Third Party Services. We provide the Third Party Services to you only as a convenience and as an enhancement to our Services, and the inclusion of any Third Party Services does not imply endorsement by us of the Third Party Service or any association with its operators. You agree to abide by the terms and conditions of any applicable Third Party Services. Notwithstanding anything set forth herein to the contrary, you will abide by these Terms regardless of anything to the contrary in your agreement with any third party, and you shall not use any Third Party Services to avoid the restrictions set forth in these Terms.
The terms of this section apply if you choose to register or create an account with us. You agree to provide and maintain your account with accurate and complete information about yourself and your authorized users as prompted by the Site. By providing us with such information, you authorize us and our third party agents to make any inquiries we consider necessary to confirm such information. You will not impersonate any third party or misrepresent your identity or affiliation with any third party, including using another person's account information, or another person's name, likeness, voice, image or photograph.
You are responsible for maintaining the confidentiality of your personal information and for restricting access to your computer and your account. You are responsible for all activities that occur under your account, and we will not be liable for any actions by any other individual that uses your account, identity or personal information with or without your consent or knowledge. You also agree to notify us promptly of any unauthorized use of your account, account information, identity, or personal information, or other breach of security that you become aware of involving or relating to the Site. In addition, you agree to exit from your account at the end of each session.
We do not get involved in disputes over who owns an account. You will not request access to or information about an account that is not yours, and you must resolve any account-related disputes directly with the other party. We decide who owns an account based solely on the contact information listed for an account.
Some services provided through the Site (such as placing and order) permit or require you to submit certain personal information to participate in such services. You agree to provide and maintain accurate and complete information about yourself as prompted by the Site. By providing us with such information, you authorize us and our third party agents to make any inquiries we consider necessary to confirm such information. You will not impersonate any third party or misrepresent your identity or affiliation with any third party, including using another person's account information, or another person's name, likeness, voice, image or photograph. You are responsible for maintaining the confidentiality of your personal information and for restricting access to your computer. You agree to notify us promptly of any unauthorized use of your identity, or personal information, or other breach of security that you become aware of involving or relating to the Site.
LIABILITY DISCLAIMER AND LIMITATION
THE SITE AND THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, CONTENTS, GRAPHICS, DOCUMENTS AND OTHER ELEMENTS INCLUDED IN OR AVAILABLE THROUGH THE SITE (COLLECTIVELY, THE “CONTENTS”) MAY INCLUDE ERRORS. WE MAY, IN OUR SOLE DISCRETION, MAKE IMPROVEMENTS, DELETIONS, OR OTHER CHANGES IN THE SITE AND THE CONTENTS AT ANY TIME WITHOUT NOTICE, BUT WE ARE NOT REQUIRED TO DO SO. WE MAY IMPOSE LIMITS ON CERTAIN FEATURES AND SERVICES OR RESTRICT YOUR ACCESS TO THE SITE OR TO PORTIONS OF IT WITHOUT NOTICE OR LIABILITY.
PLEASE INFORM CST OF ANY ERRORS AT firstname.lastname@example.org
WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THE SITE OR THE CONTENTS (INCLUDING, WITHOUT LIMITATION, THE PRODUCTS SOLD VIA THE SITE) FOR ANY PURPOSE. THE SITE AND ITS CONTENTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND (EXCEPT FOR ANY LIMITED WARRANTIES WITH RESPECT TO THE PRODUCTS SET FORTH IN THE TERMS OF SALE), AND WE AND OUR SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES WITH REGARD TO THE SITE, THE CONTENTS AND ANY LINKED SITE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, ITS CONTENTS OR ANY LINKED SITE. WE DO NOT WARRANT THAT ANY MATERIAL OR FUNCTIONS IN THE SITE, ITS CONTENT OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR THE USE OR PERFORMANCE OF THE SITE OR THE CONTENTS OR ANY ERRORS CONTAINED THEREIN.
TO THE EXTENT THE LAW PERMITS, YOU RELEASE US AND OUR SUPPLIERS FROM ANY CLAIMS OR LIABILITY RELATED TO (A) ANY SUBMISSIONS, CONTENT OR MATERIALS YOU POST OR SEND USING THE SITE, (B) THE CONDUCT OF ANY OTHER CUSTOMERS OF OURS OR THEIR RESPECTIVE USERS, OR (C) ANY PROBLEMS THAT MAY ARISE FROM ANY REMOTE ACCESS TO YOUR COMPUTERS OR OTHER SYSTEMS YOU PROVIDE TO OUR PERSONNEL OR AGENTS FOR THE PURPOSE OF TROUBLESHOOTING ISSUES. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (IF YOU ARE A CALIFORNIA RESIDENT), AND ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION (IF YOU ARE A RESIDENT OF SUCH JURISDICTION).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (AND EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THE TERMS OF SALE WITH RESPECT TO THE PRODUCTS), IN NO EVENT WILL WE OR OUR AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE SITE, ITS CONTENTS OR ANY LINKED SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSS OF DATA OR PROFITS, LOSS OF OR DAMAGE TO PROPERTY OR CLAIMS OR THIRD PARTIES, WHETHER BASED ON CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY OF THE SITE OR ANY OF THE TERMS OF THIS POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
We are not liable or responsible for any delays or failure in performance of any part of the Site due to any cause beyond our control, including, without limitation, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
You agree that CST has entered into this Agreement in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that they reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that they form an essential basis of the bargain between the parties.
TERMINATION; ACCESS RESTRICTION
We reserve the right, in our sole discretion, to suspend the Site, suspend or terminate your use of the Site or terminate this Policy at any time, without notice, for any reason. The Submissions, Liability Disclaimer and Limitation, Indemnification, Compliance with Laws and General sections of this Policy shall survive any such termination.
You agree to indemnify, defend and hold us, our suppliers, licensors, licensees and affiliates, and all of our and their respective directors, officers, agents, distributors, employees and other agents (collectively, the "Indemnified Parties") harmless from and against any and all damages, losses, liabilities, penalties, settlements, expenses and costs incurred by the Indemnified Parties (including, without limitation, reasonable attorneys' fees and costs) in connection with any claim arising out of or related to (i) your Submissions, or any content that you post or distribute via the Site; (ii) any breach by you of this Agreement; or (iii) your use of the Site, the Products or any Third Party Services. You agree to provide us with prompt written notice in the event of any such claims or actions. You shall cooperate fully with us in the defense of any claim. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you shall not settle any action or matter without our written consent.
In addition, you acknowledge and agree that we have the right to seek damages when you use the Site for unlawful purposes, in an unlawful manner, or in a manner inconsistent with the terms of these Terms, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance or consequential damages. In the event that we are required to respond to a third party or law enforcement subpoena or court order that is related to your use of the Site, we may, in our sole discretion, require you to reimburse us for our reasonable expenses associated with complying with such subpoena or order.
COMPLIANCE WITH LAWS
You represent and warrant that your use of the Site will comply with all applicable laws and regulations. In recognition of the global nature of the Internet, you agree to comply with all local rules where you reside or your organization is located regarding online activities and the Site or the Products. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. The Site is controlled and operated by us from our offices within the United States and we make no representation that the Site is appropriate or available for use in other locations. Those who access the Site from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Site or the Products where prohibited by law.
You may not use, remove or export from the United States or allow the export or re-export of the Site, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF GEORGIA APPLICABLE TO CONTRACTS MADE AND PERFORMED THERE WITHOUT REGARD TO ITS CONFLICTS OF LAW PRINCIPLES. YOU CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE, SUPERIOR AND FEDERAL COURTS HAVING JURISDICTION OVER GWINNETT COUNTY, GEORGIA, IN ALL DISPUTES ARISING OUT OF OR RELATING TO THE USE OF SITE, THE PRODUCTS OR THESE TERMS, AND YOU WAIVE ANY JURISDICTIONAL, VENUE, OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURTS. If you violate, or threaten to violate these Terms, then we will have the right, and in addition to all other remedies available we might have in equity or under these Terms, to affirmative or negative injunctive relief from a court of competent jurisdiction. You acknowledge that a violation of these Terms would cause irreparable harm and that all other remedies are inadequate. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable provision will be deemed eliminated to the minimum extent necessary and the remainder shall continue in effect. Any cause of action you may have with respect to your use of the Site or purchase of the Products must be commenced within one (1) year after the claim or cause of action arises. In any action to enforce this Agreement, we will be entitled to our costs and attorneys' fees.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The Site and the software used to provide the Site, including all documentation, are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, and consist of "Commercial Computer Software" and "Commercial Computer Software Documentation." The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users: (1) only as Commercial Items, (2) with the same rights as all other end users, and (3) according to the Terms. Published and Unpublished rights are reserved under the copyright laws of the United States. Manufacturer is Compressport d/b/a Compressport Tactical USA, 3305 Peachtree Industrial Blvd., Suite 600, Duluth, GA 30096.
None of this Agreement, your account or your obligations or rights hereunder may be transferred or assigned by you without our prior written consent, and any attempted assignment, transfer or other disposition by you in violation of this provision will be null, void and of no force and effect. We may freely assign this Agreement without your consent. This Agreement shall inure to the benefit of and be binding upon the permitted successors, legal representatives and assigns of the parties hereto. There shall be no third party beneficiaries to this Agreement. Time is of the essence.
If you have any questions regarding these Terms or your use of the Site or purchase of the Products, please contact us at:
Compressport d/b/a Compressport Tactical USA
3305 Peachtree Industrial Blvd.
Duluth, GA 30096