TERMS AND CONDITIONS OF ACCESS AND USE
These website terms and conditions apply to websites owned or operated by Alliant Techsystems Inc.
("ATK") and/or its subsidiaries and/or related companies (hereafter referred to individually as "ATK Site," or collectively as "ATK Sites"). This Terms and Conditions of Use Agreement (the "Agreement") describes the terms and conditions and the general principles applicable to your access and use of this ATK Site, an ATK Site, the ATK Sites, or any other related computer network. If you do not agree to these terms and conditions of access and use, you should not access or use any ATK Site.
An ATK Site may adopt terms and conditions of use particular to the purpose of a particular ATK Site.
The separate terms and conditions, if any, of a particular ATK Site, shall control in the event of a conflict with this Agreement. Otherwise, this Agreement shall apply to the entire network of ATK Sites, and control its access and use thereof. If you do not agree to these terms and conditions of access and use, you should not access or use any ATK Site.
Therefore, you should frequently review the ATK Sites’ terms and conditions, and applicable policies from time-to-time to understand the terms and conditions that apply to your access and use of an ATK Site and ATK Sites. If you do not agree to these terms and conditions of access and use, you should not access or use any ATK Site.
- General Terms
- Prohibited Use of Site. You shall not make any commercial use of this ATK Site or its contents, product listings, descriptions, or prices. You further agree not to download or copy any content or product information for the benefit of any third party or use any data mining, robots, or similar data gathering and extraction tools. This ATK Site, or any portion of this ATK Site, may not be reproduced, duplicated, copied, displayed, sold, resold, visited, or exploited for any commercial purpose without the express written consent of ATK. You agree not to interfere, disrupt, or attempt to gain unauthorized access to this ATK Site, an ATK Site, the ATK Sites, or any other related computer network. You further agree not to disseminate, store, or transmit viruses, Trojan horses, or any malicious code or program or engage in any other activity deemed by ATK to be in conflict with the spirit or intent of this Agreement. You agree to use this ATK Site only for lawful purposes. You are prohibited from posting on or transmitting through this ATK Site any material or content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or offensive, or that is otherwise objectionable, including, but not limited to, any material or content encouraging conduct that may constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
- Equipment. You shall be solely responsible for providing, maintaining, and ensuring compatibility with this ATK Site including all hardware, software, electrical and other physical requirements for your use of this ATK Site, including, without limitation, telecommunications, Internet access connections, web browsers or other equipment, and programs and services required to access and use this ATK Site.
- Correction of Errors and Inaccuracies. The information on this website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at an time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you.
- Confirmed Prices. We cannot confirm the price of an item until your order enters the shipping process, nor will we charge your credit card until your order enters the shipping process. Please note that your Order Acknowledgment means that your order request has been received; it does not mean that your order has been shipped or that the price of an item has been confirmed.
- Miss-priced Items. Despite our best efforts, a small number of the items on our Web site may be miss-priced. Rest assured, however, that we verify prices as part of our shipping procedures.
- If an item's correct price is lower than our stated price, we charge the lower amount and ship you the item.
- If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
- Online Transactions. We make available products for purchase through the Web site, and we may use third–party suppliers and service providers to enable e–commerce functionality on the Web site. If you wish to purchase any product made available through the Web site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to BLACKHAWK! the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You agree to pay all charges that may be incurred by you or on your behalf through the Web site, at the price(s) in effect when such charges are incurred, including without limitation any shipping and handling charges applicable to the Transaction. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
- Return Policy. Returns must have a prior factory return merchandise authorization (RMA) and are subject to a 25% restocking/handling fee. Custom made to order items, discontinued and clearance items are not returnable. All returns must meet the following conditions:
- The product must be returned within thirty (30) calendar days of delivery.
- The product must be returned unused, complete and in its original packaging, unless there is a manufacturer's defect.
- The product being returned must be accompanied with a copy of the original invoice.
You are responsible for any shipping, handling and insurance costs associated with the return.
For your protection we suggest all returns be sent back by a traceable carrier such as UPS or
Registered or Insured USPS. BLACKHAWK! is not responsible for product lost in shipment.
- Delivery. Prices are exclusive of shipping costs. Oversized and extremely heavy items are marked on their product information pages as requiring a special delivery charge. The delivery charge varies depending on the size and weight of the item. These charges will be included in the Shipping and Handling of your order. The risk of loss and title to products purchased on the Site pass to the purchaser upon delivery to the carrier.
- Compliance with Laws. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. In addition, you acknowledge that any goods sold on the Site may be subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing export-controlled goods, you agree to abide by the applicable laws, rules and regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you will not transfer such goods to a foreign national or a foreign destination in violation of the law.
- Accessibility. You acknowledge and agree that at times this ATK Site may be inaccessible or inoperable for any reason whatsoever, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which ATK may undertake from time to time; or (iii) causes which are beyond the control of ATK or which are not reasonably foreseeable.
- Ownership of Intellectual Property
- Trademarks. The trademarks, service marks, brand names, and logos appearing on this ATK Site are owned by ATK, subsidiaries of ATK, and/or ATK's related companies, and others. Nothing herein shall be construed as granting any license or right to use any trademarks, service marks, brand names, or logos appearing on this ATK Site, without the express written permission of the owner. You may not frame or utilize framing techniques to enclose any trademarks, brand names, service marks, logos, or use any meta tags or any other "hidden text" utilizing ATK's (or ATK's subsidiary's or ATK's related company) trademarks, brand names, or service marks without the express written consent of ATK. The following is a non-exclusive list of registered and unregistered trademarks, service marks, brand names, and logos used and displayed on this ATK Site that are owned by ATK or its subsidiaries or related companies in the United States and/or other countries or jurisdictions:
- ALLIANT POWDER®
- ALLIANT TECHSYSTEMS™
- ATK ALLIANT TECHSYSTEMS®
- ESTATE CARTRIDGE INC.®
- FEDERAL PREMIUM®
- FEDERAL PREMIUM® AMMUNITION
- SHOCKWAVE Logo™
- SHOOTERS RIDGE®
- Copyrighted Works. Copyrights in content provided on this ATK Site, including, but not limited to, images, video, photos, electronic art, animations, graphics, sounds, audio, information and data, communication programs, electronic mail services, and user interfaces, executable code, and data formatted, organized, and collected in a variety of forms, including layouts, pages, screens, directories, and databases (hereafter "Copyrighted Works") is exclusively owned by ATK, its subsidiaries, and/or related companies, or others, and is protected by U.S. and international copyright laws. Except as stated herein, you agree that you will not copy, reproduce, modify, alter, create derivative works from, distribute, display, post, or transmit any Copyrighted Works (except for your personal, private, non-commercial use) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of ATK and any appropriate third party as applicable.
- News Media Exception to Advance Written Permission. Notwithstanding anything to the contrary herein, images and videos from the ATK Media Center (located at www.atk.com/media-center/), and product images and logos provided in the ATK Image Resource Library (located at http://outdoorwriters.atk.com and http://premiumpartners.atk.com) may be reproduced (but not modified or altered) by news reporting organizations for news reporting purposes, without advance prior written permission from ATK, provided the reproduction is accompanied by notice that it has been reproduced with permission from ATK.
- ATK does not permit the infringement of copyright or other intellectual property rights on this Site, and we will remove all user content if properly notified that such user content infringes on another's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any user content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing ATK with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit ATK to locate the material; (iv) information reasonably sufficient to permit ATK to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) 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; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. ATK's designated Copyright Agent to receive notifications of claimed infringement is Brenda Ekre, Paralegal, Alliant Techsystems Inc., 900 Bob Ehlen Drive, Anoka, MN 55303, 763-323-2300, Brenda.Ekre@ATK.com, fax: 763-323-3868.
- Submission of Confidential Information
This ATK Site may provide links to other websites maintained by third parties. You acknowledge and agree that such links are provided for your convenience only and do not reflect any endorsement, affiliation, relationship, or sponsorship by ATK or its subsidiaries or related companies with respect to the provider of such linked site or the quality, reliability, or any other characteristic or feature of such linked site. You further acknowledge and agree that ATK is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. ATK MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE. YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any non ATK Site is subject to the terms and conditions applicable to that site, including the privacy policies (or lack thereof) of such site. If a third party links to this ATK Site, it is not necessarily an indication of endorsement, affiliation, relationship, or sponsorship by or with ATK. ATK may not even be aware that a third party has linked to this ATK Site.
- Investment Information
This ATK Site, and any market and financial information, news, analysis, opinions, and research reports (collectively "Investment Information") issued by ATK through this ATK Site, may contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Forward-looking statements include statements made as to future operations, costs, capital expenditures, cash flow, improvements in infrastructure, distribution and replenishment systems and operating efficiencies, sales and earnings estimates or trends and expansion plans and projections. These forward-looking statements are based on our current expectations. Known and unknown internal and external risks and uncertainties may cause the actual results to be materially different from those expressed in or implied by the forward-looking statements. ATK is required to file periodic and special reports, proxy statements and other information with the Securities Exchange Commission ("SEC") under the Securities Exchange Act of 1934. Please review this information for updated information as to our company. This information is available either on our website or at the SEC website at http://www.sec.gov/.
ATK does not guarantee the accuracy, timeliness, completeness, or correct sequencing of the Investment Information or warrant any results from your use or reliance on such information. The Investment Information may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. You should not construe any Investment Information, features, tools, or other content available through this ATK Site as legal, tax, investment, financial, or other advice. You should consult with an attorney or financial or tax professional, regarding your specific legal or tax situation to determine whether such transaction is appropriate for you based on your individual investment needs and to verify pricing information. The Investment Information available on this ATK Site shall not be considered a solicitation for or offering of any investment in any jurisdiction where such solicitation or offering would be illegal. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any Investment Information before making any decisions based on such information. In exchange for using this ATK Site, you agree not to hold ATK and its agents, officers, directors, employees, successors, assigns, and affiliates liable for any possible claim for damages arising from any decision you make based on Investment Information made available to you through this ATK Site.
ATK may provide links to third-party websites or services that contain financial or investment information about ATK. Access to such websites and the information contained therein is provided as a convenience to those interested in the information. ATK neither regularly monitors nor has control over the content of third-parties' statements or websites. Accordingly, ATK does not endorse or adopt these websites or any information contained therein, including, without limitation, analysts’ reports and stock quotes. ATK makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party websites or other third-party information that is identified on this ATK Site. Users visit these websites and use the information contained therein at their own risk.
- Disclaimer of Warranties
ATK AND ITS SUBSIDIARIES, RELATED COMPANIES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND AFFILIATES PROVIDE THIS ATK SITE "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ATK AND ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND AFFILIATES DO
NOT WARRANT THAT THE OPERATION OF THIS ATK SITE, OR THE INFORMATION, CONTENT, OR
MATERIALS INCLUDED ON THIS ATK SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU EXPRESSLY
AGREE THAT YOUR USE OF THIS ATK SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE
BY APPLICABLE LAW, ATK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ATK DOES NOT WARRANT THAT THIS ATK SITE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ATK OR ITS SUBSIDIARIES, RELATED COMPANIES, AGENTS, OFFICERS,
DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, OR AFFILIATES BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES FOR ANY
MATTER ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF THIS ATK SITE,
INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THIS ATK SITE, ANY CHANGES TO
OR INACCESSIBILITY OF THIS ATK SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF
ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED,
ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THIS ATK SITE, OR ANY DATA OR
MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THIS ATK SITE, WHETHER SUCH
LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE.
You agree to indemnify, hold harmless, and defend ATK, its subsidiaries, related companies, affiliates, directors, officers, employees, successors, assigns, and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person, arising out of, or relating to: (i) this Agreement; (ii) your use of this ATK Site, including any data or work transmitted or received by you; and (iii) any prohibited use of this ATK Site as set forth in
This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until terminated. ATK reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (i) remove or disable access to all or any portion of this ATK Site; (ii) suspend your access to or use of all or any portion of this ATK Site; and (iii) terminate this Agreement. Sections 1, 2, 3, 4, 6, 7, 8, 9, and 10, shall survive any termination of this Agreement.
- Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall cons