website TERMS & CONDITIONS
By visiting or using the Storm Creek website at www.Retailer.StormCreek.com including without limitation the computer software, associated media, printed materials, and “online” or electronic documentation, you accept and agree to be bound by these Retailer.StormCreek.com Terms and Conditions. If you do not agree to these Terms and Conditions, you do not have the right to use Retailer.StormCreek.com. These Terms and Conditions are a legal contract between you and Storm Creek for use of Retailer.StormCreek.com. Please read them carefully.
PRIVACY AND ACCEPTABLE USE
LICENSE AND SITE ACCESS
Storm Creek wants to grant you a limited, revocable, non-exclusive license to access, display, copy, download and print the materials on Retailer.StormCreek.com for your own personal use, provided that you keep intact all copyright and other proprietary notices. Storm Creek does not support the use of its logos, company names, product names, or images of Storm Creek products by other parties in marketing, promotional or advertising materials as their use may create the perception that Storm Creek endorses or sponsors the product, service or promotion. You may create a hyperlink to the homepage of Retailer.StormCreek.com, provided that link does not portray Storm Creek or its products or services in a false, misleading, derogatory, offensive or another manner unacceptable to Storm Creek. You may not otherwise use Retailer.StormCreek.com, without the prior, express, written consent of Storm Creek other than as permitted in the preceding paragraph, examples of prohibited use include, but are not limited to: commercial use; downloading (other than page caching), reproducing, duplicating, copying, modifying, republishing, posting, transmitting, preparing derivative works, distributing, selling any material on Retailer.StormCreek.com or any of the Content; using any Storm Creek logo or other proprietary graphic or trademark as part of a hyperlink; framing or utilizing framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Retailer.StormCreek.com; “mirroring” any material contained on Retailer.StormCreek.com or Retailer.StormCreek.com’s server; and using any “spiders”, crawlers, meta tags or any other “hidden text” containing Storm Creek’s name or trademarks.
All the content included on Retailer.StormCreek.com, including without limitation all the text, applets, graphics, photographs, graphs, sounds, data, images, audio and video clips, logos, button icons, images, digital downloads, data complications and software (“Content”), is the property of Storm Creek or its Content suppliers and is protected by U.S. and international copyright laws. All software used to operate Retailer.StormCreek.com is the property of Storm Creek, and its partner software suppliers and is protected by the U.S. and international copyright laws. The compilation, collection, selection, arrangement, assembly, and coordination of all Content available on Retailer.StormCreek.com is the exclusive property of Storm Creek and is protected by the U.S. and international copyright laws. All content available on Retailer.StormCreek.com may only be used by you, for your personal use and data-gathering resources. You do not acquire any ownership rights in materials you download or copy from Retailer.StormCreek.com. If you have any questions concerning the usage or licensing of Storm Creek copyrighted materials, for example, photographs, video footage, Storm Creek advertisements or other Storm Creek materials, please submit your detailed request in writing. Please be sure to include any surrounding copy or text to the Storm Creek material. For further information with respect to Storm Creek copyrights, you may send an email to [email protected].
Retailer.StormCreek.com, the Storm Creek logo, the Storm Creek name, Take Life by Storm, It’s your Life, Take it by Storm, StormWik, StormWik+, StormStretch, StormProtect, and any other marks, graphics, logos and service names indicated on this site are trademarks of Storm Creek. Storm Creek trademarks and trade dress may not be used (i) in connection with any product or service that is not Storm Creek’s; (ii) in any manner that is likely to cause confusion among customers; or (iii) in any manner that disparages or discredits Storm Creek or Retailer.StormCreek.com. All other trademarks not owned by Storm Creek are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Storm Creek.
ADDITIONAL GUIDELINES FOR USING STORM CREEK TRADEMARKS AND COPYRIGHTS
These guidelines are for Storm Creek’s licensees, authorized resellers, developers, customers, and other parties wishing to use the Storm Creek trademarks, service marks or images in promotional, advertising, instructional, or reference materials, or on their websites, products, labels, or packaging. Use of the Storm Creek trademarks may be prohibited unless expressly authorized. If you are a licensee of a Storm Creek trademark or logo and have been provided with special trademark usage guidelines with your license agreement, please follow those guidelines. If your license agreement does not provide usage guidelines, then follow these guidelines. If you are a Storm Creek Authorized Reseller, you need to refer not only to these guidelines but also to the Storm Creek’s Corporate Identity Guidelines for Resellers. The Storm Creek trademarks, service marks, trade names, and trade dress are valuable assets. In following these guidelines, you help us protect our valuable trademark rights and strengthen our corporate and brand identities. By using a Storm Creek trademark(s), in whole or in part, you are acknowledging that Storm Creek is the sole owner of the trademark(s) and promising that you will not interfere with Storm Creek’s rights in the trademark(s), including challenging Storm Creek’s use, registration of, or application to register such trademark(s), alone or in combination with other words, anywhere in the world, and that you will not harm, misuse, or bring into disrepute any Storm Creek trademark(s). The goodwill derived from using any part of a Storm Creek’s trademark(s) exclusively inures to the benefit of and belongs to Storm Creek. Except for the limited right to use as expressly permitted under these Terms and Conditions, no other rights of any kind are granted hereunder, by implication or otherwise. If you have any questions regarding these guidelines, please contact Storm Creek.
Authorized Use of Storm Creek Trademarks
Advertising, Promotional, and Sales Materials: Only Storm Creek and its authorized resellers and licensees may use the Storm Creek Logo in advertising, promotional, and sales materials. Storm Creek Authorized Resellers may use the Storm Creek Logo only as specified in the Storm Creek’s Corporate Identity Guidelines for Resellers and such use must always be in conjunction with the appropriate terms that define the relationship authorized by their contract with Storm Creek.
Unauthorized Use of the Storm Creek Trademarks
1. Company, Product, or Service Name: You may not use or register, in whole or in part, the Storm Creek trademark(s), including Storm Creek-owned graphic symbols, logos, icons, or an alteration thereof, as or as part of a company name, trade name, product name, or service name except as specifically noted in these guidelines.
2. Storm Creek Logo and Storm Creek-owned Graphic Symbols: You may not use the Storm Creek Logo or any other Storm Creek-owned graphic symbol, logo, or icon on or in connection with websites, products, packaging, manuals, promotional/advertising materials, or for any other purpose except pursuant to an express written trademark license or other authorization from Storm Creek, such as a reseller agreement.
3. Variations, Takeoffs or Abbreviations: You may not use an image of the Storm Creek logo for any purpose. Third parties cannot use a variation, phonetic equivalent, foreign language equivalent, takeoff, or abbreviation of a Storm Creek trademark(s) for any purpose.
4. Disparaging Manner: You may not use a Storm Creek trademark(s) or any other Storm Creek-owned graphic symbol, logo, or icon in a disparaging manner.
5. Endorsement or Sponsorship: You may not use the Storm Creek trademark(s), including Storm Creek-owned graphic symbols/logos, or icons, in a manner that would imply Storm Creek and/or Storm Creek’s affiliation with or endorsement, sponsorship, or support of a third party product or service without the express written consent of Storm Creek.
6. Merchandise Items: You may not manufacture, sell or give-away merchandise items, such as T-shirts and mugs, bearing a Storm Creek trademark(s), including symbols, logos, or icons, except pursuant to an express written trademark license or other authorization from Storm Creek.
7. Storm Creek’s Trade Dress: You may not imitate the distinctive Storm Creek packaging, web site design, logos, or typefaces.
8. Slogans and Taglines: You may not use or imitate a Storm Creek and/or Storm Creek slogan or tagline. For example: “Embrace the Storm.”
9. Domain Names: You may not use an identical or virtually identical Storm Creek trademark as a second level domain name.
Rules for Proper Use of Storm Creek Trademarks
1. Trademarks are adjectives used to modify nouns; the noun is the generic name of a product or service.
2. As adjectives, trademarks may not be used in the plural or possessive form.
3. An appropriate generic term must appear after the trademark the first time it appears in a printed piece, and as often as is reasonable after that. Suggested generic terms are Storm Creek or Storm Creek outdoor apparel.
4. Always spell and capitalize the Storm Creek trademarks exactly as they are shown in the Storm Creek’s Trademark List. Do not shorten or abbreviate Storm Creek. Do not make up names that contain Storm Creek’s trademarks.
Proper Trademark Notice and Attribution
1. Distribution Within the United States Only: a. On product, product documentation, or other product communications that will be distributed only in the United States, use the appropriate trademark symbol (TM, SM, ®) the first time the Storm Creek trademark appears in the text of the advertisement, brochure, or other material. b. Refer to the Storm Creek Trademark List for the correct trademark symbol, the spelling of the trademark, and generic term to use with the trademark. Generally, the symbol appears at the right shoulder of the trademark. c. Include an attribution of Storm Creek’s ownership of its trademarks within the credit notice section of your product, product documentation, or other product communication. Following are the correct formats: _________ and _______ are registered trademarks of Storm Creek. _________ and _______ are trademarks of Storm Creek.
2. Distribution Outside the United States: a. Do not use trademark symbols on products, product documentation, or other product communications that will be distributed outside the United States. b. Use one of the following international credit notices: _________ is a trademark of Storm Creek, registered in the U.S. and other countries. _________ is a trademark of Storm Creek.
TERMINATION OF USAGE
Storm Creek reserves the right, at its sole discretion, to refuse service, and remove or edit content. Storm Creek may terminate or suspend your access to all or part of Retailer.StormCreek.com without notice for any conduct that Storm Creek, in its sole discretion, believes is in violation of any applicable law, these Terms and Conditions or the Acceptable Use Policy; or is harmful to the interests of Storm Creek, another user, third-party provider, merchant, sponsor, licensor or service provider.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
INFORMATION AND MATERIALS CONTAINED ON Retailer.StormCreek.com INCLUDING WITHOUT LIMITATION THE CONTENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. STORM CREEK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF Retailer.StormCreek.com OR THE CONTENT INCLUDED ON Retailer.StormCreek.com. YOU HEREBY AGREE THAT YOUR USE OF Retailer.StormCreek.com IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, STORM CREEK DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, STORM CREEK DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA Retailer.StormCreek.com IS ACCURATE, COMPLETE OR CURRENT. STORM CREEK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF Retailer.StormCreek.com, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGE. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE SERVICES PROVIDED WILL BE TO REQUEST THAT STORM CREEK CORRECT THE MATTER, OR IF STORM CREEK FAILS TO DO SO, TO DISCONTINUE USE OF THE SERVICE, AT YOUR SOLE DISCRETION. THE LAWS OF CERTAIN STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
CONSENT TO JURISDICTION
You consent and voluntarily submit to personal jurisdiction in the State of Minnesota, and to the exclusive jurisdiction of the courts in such state located in Hennepin County, Minnesota. The state District Court for Hennepin County of Minnesota has exclusive jurisdiction in any proceeding arising out of or relating to your use of Retailer.StormCreek.com or these Terms and Conditions and you agree that all claims in respect thereto shall be heard and determined in said court. You agree that any action instituted by you against Storm Creek with respect to these Terms and Conditions shall be instituted exclusively in the state District Court for Hennepin County of Minnesota or, if such Court does not have jurisdiction to adjudicate such action, in the United States District Court, District of Minnesota, located in Hennepin County, Minnesota. You hereby irrevocably and unconditionally waive and agree not to plead, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of venue or the convenience of the forum of any action with respect to these Terms and Conditions or Retailer.StormCreek.com in the United States District Court, District of Minnesota, for Hennepin County of Minnesota and the state District Court of the State of Minnesota located in Hennepin County, Minnesota. You and Storm Creek agree that a final judgment in any proceeding so brought shall be conclusive and may be enforced by a suit on the judgment or in any other manner provided by law or in equity.
GOVERNING LAW AND GENERAL TERMS
These Terms and Conditions will be governed by and construed and enforced in accordance with the laws of the State of Minnesota as they apply to a contract made and performed in Minnesota, notwithstanding any conflict of law principles of the law of Minnesota. These Terms and Conditions will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
Should any term of these Terms and Conditions be declared void or unenforceable by any court of competent jurisdiction, such declaration will have no effect on the remaining terms hereof.
MODIFICATIONS AND WAIVER
A waiver by any party of its rights hereunder will not be binding unless contained in a writing signed by an authorized representative of the party waiving its rights. The non-enforcement or waiver of any provision on one occasion will not constitute a waiver of such provision on any other occasions unless expressly so agreed in writing. It is agreed that no use of trade or other regular practice or method of dealing between the parties hereto will be used to modify, interpret, supplement or alter in any manner these Terms and Conditions.
Storm Creek will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Storm Creek’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
THIRD PARTY SITES
Reference and links to third party companies and products are for informational purposes only and constitute neither an endorsement nor a recommendation and are not intended to suggest any affiliation unless expressly stated on Retailer.StormCreek.com. You may be able to access other Internet sites not created by Storm Creek through Retailer.StormCreek.com. The reliability, availability, legality, performance and other aspects of resources on internet sites other than those created by Storm Creek are beyond Storm Creek’s control. Storm Creek makes no representations or warranties with respect to any third party sites.
ACCEPTABLE USE POLICY INTRODUCTION
At Storm Creek, we take seriously our legal and ethical responsibilities regarding access to, and the content of, our Web site, www.Retailer.StormCreek.com. Web site abuse is strictly prohibited. We may terminate your access immediately and may bill you for any resulting charges if you or your employees, officers, directors, agents, representatives or contractors engage in Web site abuse. This Acceptable Use Policy was created to help you understand our definition of Web site abuse. The examples listed are not exclusive of all possible actions that may be deemed as abuse. You must use your own best judgment.
ABUSE OF Retailer.StormCreek.com
Actions which constitute Web site abuse include, but are not limited to:
• Utilizing Retailer.StormCreek.com in the commission of a crime;
• Attempting to modify any portion of Retailer.StormCreek.com’s content;
• Attempting in any way to interfere with or deny service to any user of Retailer.StormCreek.com through denial-of-service attacks, surfing or any other means;
• Forging email or USENET header information to conceal your identity as the author, to conceal the origination address of the e-mail, or to conceal the host from which the e-mail was originated;
• Sending Retailer.StormCreek.com unsolicited e-mail messages, either commercial or non-commercial (commonly known as “junk mail”);
• Forwarding or multiple posting of chain letters of any type to Retailer.StormCreek.com.
This Acceptable Use Policy is subject to revision at any time that we determine a change is necessary. We will inform you of those changes by whatever means we deem most effective. It is your responsibility to ensure that your use of our systems and network conforms to the policies currently in effect.
INFORMATION AND THE INTERNET
NO OTHER INFORMATION
Other than setting cookies, Retailer.StormCreek.com will not collect any personally identifiable information on our site.
NOTIFICATIONS OF CHANGES TO THIS POLICY