Terms of Service - Website User Agreement

If you require any more information or have any questions about our Terms of Service, please feel free to contact us by email at [email protected]

Introduction

These terms and conditions govern your use of this website ("marksmanrsc.com"); by using marksmanrsc.com, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

Licenses

You are not granted any rights or license to any intellectual property rights with respect to marksmanrsc.com or its services.

We reserve all rights not expressly granted herein. Subject to applicable law, we reserve the right to revoke any grant of license at any time in our sole discretion.

Any unauthorized activity by you shall result in the immediate and automatic termination of your account and permission, rights and/or licenses granted to you by marksmanrsc.com, and may result in additional action as marksmanrsc.com may deem necessary.

In consideration for your consent to this Agreement, marksmanrsc.com grants you “the user” a limited personal license that is revocable, nontransferable, and non-exclusive, to access and make permitted use of marksmanrsc.com. You are also granted a limited, revocable, nonexclusive license to create a hyperlink to marksmanrsc.com's home page, provided that you:

  1. Clearly mark the link as marksmanrsc.com;

  2. Point the hyperlink you created to marksmanrsc.com;

  3. Not portray marksmanrsc.com or its services in any false, misleading, disparaging, or otherwise offensive or objectionable manner;

  4. Not use marksmanrsc.com’s logo or marks without prior written consent; and

  5. Not dilute or damage the goodwill associated with marksmanrsc.com’s brand and/or marks or create any false appearance associated with marksmanrsc.com’s brand and/or marks.

Unless otherwise stated, marksmanrsc.com and/or its licensors own the intellectual property rights published on this website and materials used on marksmanrsc.com. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • Republish material from this website in neither print, digital medial, or documents (including republication on another website.

  • Sell, rent or sub-license material from the website.

  • Show any material from the website in public.

  • Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose.

  • Edit or otherwise modify any material on the website.

  • Redistribute material from this website - except for content specifically and expressly made available for redistribution

  • Republish or reproduce any part of this website through the use of iframes or screenscrapers.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation. Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of marksmanrsc.com or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities on or in relation to this website without marksmanrsc.com's express written consent.
This includes:

  • Scraping

  • Data mining

  • Data extraction

  • Data harvesting

  • Framing

  • Article spinning

You must not use this website or any part of it to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without the express written consent of marksmanrsc.com.

You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on marksmanrsc.com and within our delivered products related to marksmanrsc.com.

Breach

No breach of this Agreement by marksmanrsc.com shall be deemed material unless the party alleging such breach shall have given marksmanrsc.com written notice of such breach, and marksmanrsc.com shall fail to cure such breach within thirty (30) days after its receipt of such notice. All notices required to be sent to marksmanrsc.com under this Agreement shall be in writing and shall be sent by certified mail, return receipt requested, postage paid, or by overnight delivery service, to 571 Northland Blvd., Cincinnati, OH, 45240 (or such other address or addresses as may be designated by marksmanrsc.com herein).

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 Site or any Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

NOTE: if you are a User subject to the laws of California, you agree to comply with California Education Code section 66450-66452 and any associated regulations. You hereby represent and warrant to us that you have read and understand those provisions. You can find the section here: http://law.justia.com/codes/california/2009/edc/66450-66452.html

Notice for California Users. Under California Civil Code Section 1789.3, California Users are entitled to the following specific consumer rights notice:

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, California 95834, or by telephone at (800) 952-5210. The provider of service is marksmanrsc.com, 571 Northland Blvd., Cincinnati, OH, 45240

marksmanrsc.com shall take no action and play no role, unless specifically required by law or pursuant to our own policies, in any disputes between you and any other user(s). It is your sole responsibility, at your own cost, to address such disputes.

Restricted access

Access to certain areas of this website is restricted. marksmanrsc.com reserves the right to restrict access to certain areas of this website, or at our discretion, this entire website marksmanrsc.com may change or modify this policy without notice.
If marksmanrsc.com provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security.
marksmanrsc.com may disable your user ID and password at marksmanrsc.com's sole discretion without notice or explanation.

You also agree to provide true, accurate, current and complete information about yourself as prompted by marksmanrsc.com’s registration process (i.e., your “Account Information”). You hereby consent and authorize us to verify your Account Information you provided.

We are not liable for any harm caused by or related to the theft of your username and password, the disclosure of your username and password, or your authorization to allow any other person to access or use marksmanrsc.com or any services using your username and password. You will promptly enter corrected or updated Account Information, or otherwise advise us promptly in writing of any such changes or updates.

YOU HEREBY ACKNOWLEDGE THAT THE COMPLETE PRIVACY OF YOUR DATA TRANSMITTED WHILE USING marksmanrsc.com CANNOT BE GUARANTEED.

Account Cancellation For Cause

marksmanrsc.com, in its sole discretion and without notice to you, may freeze or otherwise disable access to your account for a reasonable period to investigate any good faith suspicion we may have regarding activities occurring under your account that may be in violation of the Agreement, any of the Policies incorporated herein by reference, and/or any applicable state, federal, or international laws.

You agree that your failure to abide by any provision(s) of this Agreement and policies incorporated by reference herein, or your willful provision of inaccurate or unreliable Account Information, your failure to update your Account Information to keep it current, complete or accurate, and/or your failure to respond to inquiries by us concerning the accuracy of your Account Information or compliance with this Agreement shall be considered a material breach of the Agreement between you and marksmanrsc.com.

If within ten (10) calendar days after we provided notice to you (in any form via any method of delivery) of such material breach, you failed to cure such breach to our satisfaction, then we may terminate your account without further notice to you and without any obligation to refund any monies or pay you any sums for any reason.

A breach of the Agreement between you and marksmanrsc.com by you may result in civil and/or criminal liabilities. We have the right but not the obligation to investigate occurrences which may involve such violations and we may provide information and cooperate with, law enforcement authorities in prosecuting any User(s), including you, who is involved in such violations.

Additionally, and without limitation, marksmanrsc.com may cancel your Account “for-cause” if you breach any of your Representations or Warranties, or our policies.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to marksmanrsc.com a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to marksmanrsc.com the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or marksmanrsc.com or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. marksmanrsc.com reserves the right to edit or remove any material submitted to this website, or stored on the servers of marksmanrsc.com, or hosted or published upon this website.
marksmanrsc.com's rights under these terms and conditions in relation to user content, marksmanrsc.com does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Other than your user content, all content and all other work and intellectual property of any type or kind included with marksmanrsc.com, including Sui Generis Database Rights, whether registered with a government office (e.g., United States Patent and Trademark Office) or not, hereinafter, without limitation, referred to as “Site Content,” is the property of marksmanrsc.com or its content suppliers or contractors.

ALL RIGHTS RESERVED.

marksmanrsc.com intends to trademark along with all logos, slogans, and trade dress related to the Site (collectively “Marks”) are exclusively owned by marksmanrsc.com.

ALL RIGHTS RESERVED.

Any trademarks, service marks, logos, labels, names and service names not owned by marksmanrsc.com are the property of their respective owners.

Warranties

This website is provided "as is" without any representations or warranties, express or implied. marksmanrsc.com makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, marksmanrsc.com does not warrant that:

  • This website will be constantly available, or available at all.

  • The information on this website is complete, true, and accurate. It is not misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

You expressly warrant and represent the following to marksmanrsc.com. You expressly acknowledge that marksmanrsc.com is relying upon your warranties and representations made here:

  1. That all factual assertions you have made and will make to us are true and complete.

  2. That you are deriving benefits from this Agreement and from using this website.

  3. That you have read, understand and agree to the Agreement and all of our policies incorporated herein by reference.

  4. That you are at least 13 years of age, or you have reached the age of majority and/or are otherwise competent to enter into this Agreement.

  5. That you have obtained and hold all rights, approvals, permits, consents, licenses and/or permissions, in proper legal form, necessary to submit materials on the terms provided herein, or to sell and deliver any goods or services you offer in any advertisement on marksmanrsc.com.

  6. That no other rights, approvals, permits, consents, licenses and/or permissions are required from any other person or entity to submit your materials on the terms provided herein or to grant marksmanrsc.com the licenses set forth herein or to sell and deliver any goods or services you offer in any advertisement on marksmanrsc.com.

  7. That if your materials contain any copyrightable work the rights to which are owned in whole or in part by any person or entity other than you, that you have obtained and hold all rights, approvals, consents, licenses and/or permissions, in proper legal form, necessary to use and include such work in your materials; and that your materials do not otherwise infringe on the personal, privacy, publicity or intellectual property rights of any person.

  8. That neither your materials nor the act of posting or sharing them on marksmanrsc.com violates any common law or statutory patent, copyright, privacy, publicity, trademark, trade secret or any other right, of any person or entity; that your materials are not obscene; and that posting or sharing your materials on marksmanrsc.com is not actionable at law or equity.

  9. That you will not post materials or engage in any other conduct on marksmanrsc.com that would cause you to violate the law or any policies of your educational institution.

  10. That you have neither intentionally nor with gross negligence submitted any materials containing or producing any virus or other harmful code or other information that could damage or otherwise interfere with our computer systems or data and/or that of our customers.

  11. That you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods, or is on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.

You agree to sign and deliver to marksmanrsc.com, without additional consideration, any additional documents that marksmanrsc.com may request to confirm marksmanrsc.com’s rights and your warranties and representations under this Agreement.

You agree to, and hereby do indemnify marksmanrsc.com and hold marksmanrsc.com harmless from, any loss, expense (including reasonable attorney fees and expenses), or damage occasioned by any claim, demand, suit, recovery, or settlement arising out of any breach or alleged breach of any of the representations, warranties or covenants made herein or arising out of any failure by you to fulfill any of the representations, warranties, or covenants you have made in this Agreement, or out of any breach or alleged breach of this Agreement by you.

marksmanrsc.com, in its sole discretion and without notice to you, may freeze or otherwise disable access to your account for a reasonable period to investigate any good faith suspicion we may have regarding activities occurring under your account that may be in violation of the Agreement, any of the policies incorporated herein by reference, and/or any applicable state, federal, or international laws.

You agree that your failure to abide by any provision(s) of the Agreement and policies incorporated by reference herein, or your willful provision of inaccurate or unreliable Account Information, your failure to update your Account Information to keep it current, complete or accurate, and/or your failure to respond to inquiries by us concerning the accuracy of your Account Information or compliance with this Agreement shall be considered a material breach of the Agreement between you and marksmanrsc.com.

If within ten (10) calendar days after we provided notice to you (in any form via any method of delivery) of such material breach, you failed to cure such breach to our satisfaction, then we may terminate your account without further notice to you and without any obligation to refund any monies or pay you any sums for any reason.

A breach of the Agreement between you and marksmanrsc.com by you may result in civil and/or criminal liabilities. We have the right but not the obligation to investigate occurrences which may involve such violations and we may provide information and cooperate with, law enforcement authorities in prosecuting any User(s), including you, who is involved in such violations.

Additionally, and without limitation, marksmanrsc.com may cancel your Account “for-cause” if you breach any of your Representations or Warranties, or our policies.

Limitations of liability

marksmanrsc.com will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • To the extent that the website is provided free of charge, for any direct loss.

  • For any indirect, special or consequential loss.

  • For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if marksmanrsc.com has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of Marksman Refurbishment Service Center in respect of any:

  • Death or personal injury caused by the negligence of marksmanrsc.com or its agents, employees or shareholders/owners.

  • Fraud or fraudulent misrepresentation on the part of marksmanrsc.com, its agents, employees, or shareholders/owners.

  • For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, loss or corruption of information or data.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Loss or damage of the products

Marksman RSC has business insurance that can cover the loss or damage of the clients owned products which are stored at Marksman RSC warehouses. Marksman RSC will not be responsible to the loss or damage of the products during the shipping process, or the damage that was caused by the previous buyer of the product from other parties.

Limitations of liability

You accept that, as a limited liability entity, marksmanrsc.com has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against marksmanrsc.com's officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect marksmanrsc.com's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as marksmanrsc.com.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You agree to defend, indemnify and hold marksmanrsc.com harmless against any losses, expenses, costs or damages (including any reasonable attorneys’ fees and costs) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of the terms and conditions of this Agreement, (b) your use of marksmanrsc.com or services, and/or (c) the use of marksmanrsc.com by any other person using your account.

marksmanrsc.com may participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement shall be made without our prior written approval.

This Agreement has no intended third-party beneficiaries. Nothing in this Agreement, express or implied, is intended to or shall confer upon any other person any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement. Nothing in this paragraph or Agreement constitutes our consent to the assertion of personal jurisdiction over marksmanrsc.com otherwise than in Ohio.

Liability

Without prejudice to marksmanrsc.com's other rights under these terms and conditions, if you breach these terms and conditions in any way, marksmanrsc.com may take such action as marksmanrsc.com deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

YOU HEREBY RELEASE AND HOLD marksmanrsc.com HARMLESS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, EXPENSES, AND THE LIKE (INCLUDING BUT NOT LIMITED TO THOSE ARISING FROM USER DISPUTES).

YOU MAY REMOVE YOUR MATERIALS AT ANY TIME, AS LONG AS YOUR ACCOUNT IS ACTIVE AND IN GOOD STANDING.

ONCE YOU TERMINATE YOUR ACCOUNT, OR THAT IT IS TERMINATED DUE TO YOUR BREACH OF THIS AGREEMENT, YOU CAN NO LONGER REMOVE YOUR MATERIALS. YOU RELEASE marksmanrsc.com FROM ANY AND ALL LIABILITIES DUE TO ACCOUNT TERMINATION.

marksmanrsc.com CANNOT GUARANTEE OUR SITE OR SERVICES WILL BE FREE FROM HUMAN OR MACHINE ERRORS WHICH MAY RESULT IN MAKING PUBLIC THE MATERIALS YOU DESIGNATE AS PRIVATE INADVERTENTLY. IN SUCH CASE, YOU HEREBY RELEASE marksmanrsc.com FROM ALL LIABILITIES AND YOU SHALL HOLD marksmanrsc.com AND ITS AUTHORIZED USERS HARMLESS FROM ANY BREACH OR ALLEGED BREACH OF THE LICENSES YOU HAVE GRANTED HEREIN.

International Users

We make no representation that content, products or services available on or through the website or any services are appropriate or available for use in locations other than the United States of America. Those who choose to access the website or any service from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws.

You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and/or the country in which you reside.

No such products may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.

We reserve the right to limit the availability of the marksmanrsc.com and/or any service or product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion.

FINANCIAL TERMS AND CONDITIONS

marksmanrsc.com plays no role, financial or otherwise, in any transaction between you and any other user(s), credit card companies or online payment processing vendors. Variation

marksmanrsc.com may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

marksmanrsc.com may transfer, sub-contract or otherwise deal with marksmanrsc.com's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. Your rights under this Agreement are not assignable and any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with marksmanrsc.com's Privacy Policy constitute the entire agreement between you and marksmanrsc.com in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of Ohio, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Hamilton County.

The Parties’ various rights and remedies hereunder are cumulative. This Agreement shall be deemed to have been made in the United States of America, State of Ohio, and it shall be governed by the substantive laws of the State of Ohio without regard to any applicable conflict of laws provisions.

The Parties submit to jurisdiction in the state and federal courts sitting in Hamilton County, Ohio, USA, and you hereby waive any jurisdictional, venue or inconvenient forum objections.

Nothing contained in this Agreement shall be construed to require the commission of any act contrary to law. Nothing in this Agreement shall be construed or deemed to create any partnership, agency, joint venture, employment or franchise relationship between the Parties.

marksmanrsc.com's details

The full name of marksmanrsc.com is Marksman Refurbishment Service Center.

You agree that marksmanrsc.com may provide any and all notices, statements and other communications, including changes to this Agreement, or any Policies incorporated herein, to you through any of the following, in marksmanrsc.com’s sole discretion: the email address you provided in your Account Information, direct message to you on our service-platforms, and/or by mail, express delivery services, facsimile or other electronic or telephonic communications sent to the respective addresses specified in your Account Information. We are not responsible if you do not keep your Account Information updated.

Notices to marksmanrsc.com may be sent to . Any notice of legal proceeding must be sent to 571 Northland Blvd., Cincinnati, OH, 45240.