TERMS OF USE

  1. Acceptance of Terms. By using this website, you agree to be bound by these “Terms of Use.”

  2. Definitions. The “Vortex Optics Website” or “the Website(s)” means the Website(s) associated with the domain names vortexoptics.com, vortexbirding.com, and vortextactical.com. “Vortex Optics” refers to Sheltered Wings, Inc. d/b/a Vortex Optics, the owner of the Website(s).

  3. Use of the Site. Vortex Optics operates the Website(s) to provide online access to the sale and information of its products, services, and opportunities, and to provide a way for you to communicate with Vortex Optics. Any new features added to the Website(s) will also be subject to these Terms of Use.

  4. Intellectual Property. The content on the Website(s), except all User Content (as defined below), including without limitation, the text, software, graphics, photos, music, videos, and the like (“Content”), is owned by or licensed to Vortex Optics and is subject to trademark, copyright and other intellectual property laws of the United States and foreign countries. Content on the Website(s) is provided for your personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Vortex Optics. Vortex Optics reserves all rights not expressly granted in and to the Website(s) and the Content.

  5. Privacy and Cookie Policy. Our Privacy and Cookie Policy governs the collection, use and disclosure of all Personal Data (personally identifiable information about you, such as your full name, birth date, e-mail address or mailing address, phone number and any other information that can be used to identify or contact you). For more information, see our full privacy policy.

  6. User Generated Content. You may post or provide user-generated content to Vortex Optics through the Website(s), such as reviews, comments, photos, articles, music, and videos (“User Content”). You will remain the owner of your User Generated Content. By providing User Generated Content to us, you grant Vortex Optics an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, modify, translate, excerpt (in whole or in part) and distribute such User Generated Content for any purpose, commercial, advertising, or otherwise, on or in connection with Vortex Optics. By providing User Generated Content, you represent that you have the right to provide the User Generated Content, that no third party rights will be violated by such posting, and that you have the right to grant Vortex Optics the rights described in this paragraph.

  7. Websites Provided “As Is.” You understand and agree that the Vortex Optics Website(s) and all services and information provided on it are provided “As Is” and that Vortex Optics assumes no responsibility for the accuracy, timeliness, deletion or mis-delivery of any user communication, information, or configuration. You, and not Vortex Optics, are entirely responsible for all material that you post, transmit or otherwise make available through the Website(s). Vortex Optics does not review or control the material that others post, transmit or otherwise make available through the Website(s), and accordingly Vortex Optics does not guarantee the accuracy, integrity, or quality of such material. You acknowledge that Vortex Optics and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any material that is available through the Website(s), including all User Generated Content. Vortex Optics will use reasonable efforts to control the security of the Website(s) but does not warrant that it will be able to protect any content provided on or through the Website(s) from infringement or piracy. You understand and agree that Vortex Optics will have no liability for any negligence or lack of due care in failing to protect the security of the Website(s).

  8. Indemnification. You agree to indemnify and hold harmless Vortex Optics, and its successors, affiliates, officers, agents, and employees, from any claim or demand by any third party arising out of material you post, transmit or otherwise make available through the Website(s), your use of the Website(s), your connection to the Website(s), your violation of these Terms of Use, or your violation of any rights of another person or entity.

  9. Limitation of Liability. Vortex Optics and its successors, affiliates, officers, agents, and employees are not responsible or liable for any damages or harm arising out of or relating in any way to the Website(s), including the content or any information received from the Website(s) or through the Website(s). Your sole remedy for dissatisfaction with the Website(s) is to stop using them and the information obtained from, and services provided in connection with the Website(s).

  10. Governing Law and Jurisdiction. These Terms of Use and the relationship between you and Vortex Optics shall be governed by the laws of the State of Wisconsin. You hereby consent to the exclusive jurisdiction of the federal and state courts located in the State of Wisconsin for all purposes in connection with any action or proceeding which arises out of or relates to your use of the Website(s), these Terms of Use, or any Content, Personal Data, or User Content.

  11. Modifications. We may modify these terms of use from time to time. If we make material changes to these terms, we will notify you by posting a revised version of these terms on the Website(s). Your continued use of the Website(s) after notice of a modification indicates your acceptance of the revised terms.

Effective Date: October 1, 2020

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