Terms & Conditions
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.
1. GENERAL TERMS
b. 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. You may not use or export the materials in this site in violation of U.S. export laws and regulations.
c. 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.
e. 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.
2. OWNERSHIP OF INTELLECTUAL PROPERTY
a. 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’s) 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 :
ATK ALLIANT TECHSYSTEMS®
FEDERAL PREMIUM AMMUNITION
ESTATE CARTRIDGE INC.®
b. 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.
c. News Media Exception to Advance Written Permission. Notwithstanding anything to the contrary herein, images from ATK’s Image Gallery and videos from ATK’s Video Gallery, and product images and logos provided in ATK’s Civil Ammunition’s Image Resource Libraries (located at www.outdoorwriters.atk.com and www.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.
3. 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.
5. 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’s website at 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.
6. 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.
7. 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 Section 1.b.
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.
a. 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 constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
b. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
c. Law. This Agreement is made in and shall be governed and construed by the laws of the State of Minnesota, United States of America, without reference to conflicts of laws. If you access this ATK Site from locations outside Minnesota or the United States, you are voluntarily and purposefully availing yourself of the laws of the State of Minnesota, United States of America, and you are solely responsible for compliance with all your local laws. Access to this ATK Site from locations where this ATK Site’s contents may be unlawful is prohibited.
d. Forum. All actions, claims, or disputes arising under or relating to this Agreement shall be brought in the federal or state courts located in Hennepin County, Minnesota. You irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and/or state courts in Hennepin County, Minnesota. You hereby irrevocably waive any and all objections which you may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in Hennepin County, Minnesota and to the laying of venue of any such suit, action, or proceeding brought in any such federal or state court in Hennepin County, Minnesota.
e. Headings. The captions and headings of this Agreement are included for ease of reference only and shall be disregarded in interpreting or construing this Agreement.
f. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the parties and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties.