terms of service
Terms of Service
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law. You affirm that you are more than 13 years of age, and are fully able and competent to enter into the Terms.
The materials on CAT Outdoors’s web site are provided “as is”. CAT Outdoors makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, CAT Outdoors does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall CAT Outdoors or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on CAT Outdoors’s Internet site, even if CAT Outdoors or a CAT Outdoors authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. In such cases, the liability of CAT Outdoors shall be limited to the greatest extent permitted by law.
CAT Outdoors accepts no responsibility or liability for the images, content, and or links posted on this site by users. You shall not upload, post or otherwise make available any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. It is your responsibility to obtain any authorization required to use any image or content. CAT Outdoors has not reviewed all of the images, content, and or sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by CAT Outdoors of the site. Use of any such linked web site is at the user’s own risk. CAT Outdoors maintains the right to edit or delete any content it deems at its sole discretion. CAT Outdoors’s website shall be used for lawful purposes only.
REVISIONS AND ERRATA
The materials appearing on CAT Outdoors’s web site could include technical, typographical, or photographic errors. CAT Outdoors does not warrant that any of the materials on its web site are accurate, complete, or current. CAT Outdoors may make changes to the materials contained on its web site at any time without notice. CAT Outdoors does not, however, make any commitment to update the materials.
CAT Outdoors does not receive compensation from artists/professionals/celebrities or brands. CAT Outdoors may get a commission for items purchased from the external links that accompany products. This commission does not cost users anything and is paid by the merchant.
Any claim relating to CAT Outdoors’s web site shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions.
CAT Outdoors receives and stores information you enter on our website or provide to us in any other way. This includes but is not limited to registration and profile information, IP addresses, referral pages, service behavior, and traffic data. We do not track your information or behavior on any third party locations or services unrelated to our website. We do not sell or rent any of your personally identifying data to third parties. CAT Outdoors uses precautions to keep our data secure but is not responsible for any breach of security.
Like many other Web sites, CAT Outdoors makes use of log files. The information inside the log files includes internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and number of clicks to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses, and other such information are not linked to any information that is personally identifiable.
COOKIES AND WEB BEACONS
DOUBLECLICK DART COOKIE
CAT Outdoors has no access to or control over these cookies that are used by third-party advertisers.
If you wish to disable cookies, you may do so through your individual browser options. More detailed information about cookie management with specific web browsers can be found at the browsers’ respective websites.
Copyright and DMCA Policy
CAT Outdoors respects the content ownership rights of others and expects the same from its users. In compliance with all applicable copyright laws, and in alignment with the Digital Millennium Copyright Act of 1998 (DMCA), it is our right and policy to edit or delete at our discretion any user content that infringes copyright and intellectual property law. CAT Outdoors reserves the right to terminate the account of any user who repeatedly infringes, or is charged with the infringement of intellectual property rights or copyrights of others.
The Digital Millennium Copyright Act of 1998 may be accessed at https://www.copyright.gov/legislation/dmca.pdf
The DMCA allows a copyright owner, or anyone authorized to act on behalf of one, or is authorized to act under any exclusive right under copyright, to report alleged copyright infringements taking place on the CAT Outdoors website. If you believe that user content on or through CAT Outdoors infringes your copyright rights, you may file a properly formatted DMCA Notice of Alleged Infringement (see 17 U.S.C. § 512) to CAT Outdoors.
CAT Outdoors will respond expeditiously to legitimate claims of copyright infringement taking place on the website. Such claims must be reported to CAT Outdoors’s Designated Copyright Agent, identified below. Contingent on receipt of the Notice as described below, CAT Outdoors will, in its sole discretion, take whatever action it deems appropriate and necessary, including the permanent removal of the challenged material on the website.
All users adding content to CAT Outdoors agree to provide a non-exclusive license for other users to use, modify, reproduce, distribute, prepare derivative works of, and display their content as permitted through the functionality of the Services and under this Agreement. Furthermore, CAT Outdoors retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you.
All information publicly posted or privately transmitted through CAT Outdoors is the sole responsibility of the person from which such content originated and CAT Outdoors will not be liable for any errors or omissions in any content. CAT Outdoors cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, CAT Outdoors cannot guarantee the authenticity of any data which users or merchants may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Under no circumstances will CAT Outdoors be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
CAT Outdoors Copyright Agent
The complete, properly formatted DMCA Notice of Alleged Infringement must be submitted to the following Designated DMCA Agent:
CAT Outdoors Copyright Agent
601 Casa Rd.
Cadillac, MI 49601
Telephone: (262) 287-8019
Required Criteria for Reporting Alleged Copyright Infringements
To request action by CAT Outdoors your claim must be valid under the DMCA. You must send CAT Outdoors’s Designated Copyright Agent the following information:
- The full legal name and electronic or physical signature of a person authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work that claimed to have been infringed. If multiple copyrighted works at the single website are coveted, a representative list of such works at the website is required.
- Identification of the material that is claimed to be infringing or the subject of infringing activity that is to be removed or access to which is to be disabled, and information sufficiently reasonable to permit the service provider to locate the material. This includes, at minimum, the URL link on the website or the Internet location where such material may be found.
- Information sufficiently reasonable to permit the service provider to contact you: your name, address, telephone number and email address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- A statement, made under penalty of perjury, that the above information is accurate, and that you are copyright owner or are authorized to act on behalf of the owner:
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
CAT Outdoors processes claims in the order in which they are received. Please be aware that submitting duplicate claims may result in a delay in processing. Once CAT Outdoors’s Designated Copyright Agent receives a proper, bona fide infringement notification, it is our policy:
- To remove or disable access to the infringing material
- To notify the content provider, member or user that we have removed or disabled access to the material
- That repeat offenders will have the infringing material removed from the system and that we will terminate such content provider’s, member’s or user’s access to the website service.
What if I receive a Copyright complaint (DMCA) notification?
A DMCA notification shows that the content described in the notification has been removed from CAT Outdoors or access to the content on CAT Outdoors has been restricted. Should the content provider, user, or member believe that the material that was removed, or to which access was disabled, is not infringing, such party has the right to file a counter-notice with CAT Outdoors in accordance with Section 512(g) of the DMCA.
Filing a Counter-Notice
A counter-notice containing all of the following information must be sent to CAT Outdoors’s Designated Copyright Agent:
- A physical or electronic signature of the content provider, member or user.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared online before such removal or disabling.
- A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The content provider’s, member’s, or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s, or user’s address is located, or, if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which CAT Outdoors is located, and that such person or entity will accept service of process from the person who provided notification or an agent of such person.
Federal law states that if you knowingly misrepresent, or submit fraudulent and/or bad-faith claims, that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorney’s fees. You may want to seek legal counsel before taking any action pursuant to the DMCA.