​TERMS OF USE

Effective date: June 28, 2012
 
The following terms of use ("Terms") govern your use of Samson Rope Technologies, Inc. (“Samson”) web site.  Please read these Terms carefully.
 
Samson’s Privacy Policy
All information collected from you in connection with your use of this web site is governed by Samson’s Privacy Policy, which is incorporated into these Terms.  Please review the Samson Privacy Policy.
 
Who may use the Web Site
The Samson web site is only for persons able to form legally binding contracts under applicable law.  Without limiting the foregoing, minors, meaning those individuals under 18 years of age, are not eligible to use the web site.  Samson does not knowingly collect personal information from or about minors through its web site. 
 
Modifications to Terms
From time to time, Samson may change its Terms. Samson will notify you of such changes by posting the amended Terms on its web site.  Such changes will be considered effective upon posting to the web site.
 
Modifications to the Web site
Samson reserves the right to modify its web site or to change or discontinue any of Samson’s products or services offered on the web site without prior notice to you.  Samson shall not be liable to you or to any third party should it exercise its right to modify the web site or to change or discontinue any products or services.  If you object to any change to the web site, your sole recourse will be to discontinue using the web site. 
 
Restricted Activities
You agree not to use the web site to:
(a) violate or encourage the violation of any local, state, national, or international law;
(b) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
(c) interfere with or disrupt the web site or services or networks connected to the web site or disobey any requirements, procedures, policies, or regulations of networks connected to the web site;
(e) send any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined in our sole discretion.
 
In addition, without our written consent, you may not:
(a) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the web site, use of the web site, or access to the web site;
(b) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam) to the web site;
(c) use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the web site or monitor or copy the web pages or the content contained thereon;
(iv) deep link to the web site for any purpose; or
(v) frame the web site, place pop-up windows over its pages, or otherwise affect the display of its pages.
 
Your Content
Should you contact Samson via e-mail (“Your Content”), you grant to Samson a royalty-free, perpetual, irrevocable, nonexclusive, worldwide right and license (with the right to sublicense through multiple tiers) to:
 
(a) use, reproduce, distribute, modify, create derivative works of, publicly display, and publicly perform Your Content in any media now known or not currently known; and
(b) make, have made, sell, offer for sale, import, and otherwise transfer Your Content
 
(collectively "Use").
 
You retain all ownership rights in and to Your Content.   Any use of Your Content will be in accordance with the Terms of Use and our Privacy Policy. Notwithstanding any terms in Samson’s Privacy Policy, Samson may post on the web site any testimonial you submit to Samson.
 
Third Party Services
For your convenience only, Samson’s web site provides links to third-party websites or locations, including to its distributors’ web sites (hereinafter “Third Party Site” or “Third Party Sites”).  Samson’s inclusion of these links is not an endorsement of the content or services associated with Third Party Sites. Samson has no control over, does not review, and cannot be responsible for the content on Third Party Sites.  Your use of Third Party Sites is governed by the Third Party Sites’ terms of use and privacy policies.  Should you decide to use the services offered by any Third Party Sites, your transaction will strictly be between you and the Third Party Site.  Samson makes no representations or warranties with respect to a Third Party Site’s performance of its services.
 
YOU AGREE THAT SAMSON WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH TRANSACTION WITH A THIRD PARTY SITE.
 
Termination
Samson may terminate your use of the web site without prior notice for any reason, at Samson’s sole discretion, including without limitation, if Samson believes that you have violated these Terms. Samson may discontinue your access to the web site at any time.
 
Disclaimer of Warranties and Limitations on Liabilities
SAMSON’S WE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.  SAMSON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY OF THE MATERIALS ON ITS SITE FOR ANY PURPOSE. SAMSON DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT.
 
SAMSON MAKES NO WARRANTY THAT THE WEB SITE OR SAMSON’S PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE WEB SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). YOUR USE OF THE SAMSON WEB SITE IS AT YOUR OWN RISK.
 
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL SAMSON OR ITS OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES, PARTNERS, AGENTS, ADVISORS, OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOOS OF REVENUES, PROFITS, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO THE WEB SITE, THE MATERIALS ON THE WEB SITE OR YOUR USE OF THE WEB SITE, THE MATERIALS, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, WARRANTY, STATUTE, STRICT LIABILITY OR OTHERWISE.
 
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEB SITE.
 
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Samson may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
 
Indemnification
You agree to indemnify, defend, and hold harmless Samson, and its partners, employees, advisors, officers, directors, consultants, agents, and affiliates from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from (1) your Content and any information you submit, post, or transmit to or through the web site; (2) your use of the web site or Samson’s content; (3) your violation of these Terms; (4) your violation of any rights of any other person or entity; or (5) any viruses, Trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines input by you into the web site.
 
Notice of Product Pricing
Prices for products offered by Samson are subject to change without notice.
 
Intellectual Property
Samson grants you a nonexclusive right and license to reproduce the Samson’s web site content for your personal use only. Except for the limited license granted to you under these Terms, nothing contained on the web site or in these Terms shall be construed to grant any property rights, by license or otherwise, to any invention or any Samson patent, copyright, trademark, or other intellectual property rights.
 
Trademarks
Samson®, the Samson & Lion design, The Strongest Name in Rope®, and Amsteel® are registered trademarks of Samson.  All images, text, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall look and distinctiveness of the web site constitute trade dress and are the property of Samson. Any use of such trademarks, service marks, registered or pending, and/or trade dress without the prior written consent of Samson is expressly forbidden.  Any other trademarks or service marks appearing anywhere on this site are the property of their respective owners.
 
Copyright 
The web site and all images, text, databases, software, code, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall look and distinctiveness of the web site are the exclusive property of Samson and are protected by U.S. and international copyright laws. The web site may be used for informational purposes only.  Any other use of the web site without the prior written consent of Samson is expressly forbidden. The reproduction, distribution, transmission, sale, transfer, creation of derivative works, modification, public display, public performance, publication, or any commercial exploitation of the content on the web site is expressly prohibited without the prior written consent of Samson.
 
Dispute Resolution
Any claim, dispute, or controversy arising out of the Terms, the Privacy Policy, the services provided on the web site, or the content on the web site ("Claims") shall be resolved by final and binding arbitration before a single arbitrator ("Arbitrator") selected from and administered by the American Arbitration Association in accordance with its applicable rules. The arbitration hearing shall be held in Ferndale, Washington. The prevailing party shall be entitled to reimbursement from the other party of its reasonable attorney's fees, costs, and disbursements arising out of the arbitration. Either you or Samson may seek interim or preliminary injunctive relief from a court of competent jurisdiction in Whatcom country, Washington, as necessary to protect the rights or property of you or Samson pending the completion of any arbitration proceeding.
 
Miscellaneous
The Terms constitute the entire and exclusive and final statement of the agreement between you and Samson with respect to the subject matter hereof, and govern your use of the web site superseding any prior agreements or negotiations between you and Samson with respect to the subject matter hereof. The Terms and the relationship between you and Samson shall be governed by the laws of the State of Washington, without giving effect to any choice of laws or principles that would require the application of the laws of a different country or state.
 
Samson’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.  If any provision of the Terms is found to be invalid by either a court of competent jurisdiction or the Arbitrator, you and Samson nevertheless agree that the court or the Arbitrator should endeavor to give effect to your and Samson’s intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect. Sections governing Your Content, Termination, Warranties and Liabilities, Exclusions and Limitations, Indemnification, Intellectual Property and Dispute Resolution shall survive any expiration or termination of the Terms.