Terms of Service
This Web Site, is dually hosted by Shopify and Site5:
By using this Site, you agree to be legally bound by all the terms and
("Agreement"). Please read
these terms carefully. By using this
Site you also represent that you are at least 18 years old, or you are at least
the minimum legal age to enter into a contract in the jurisdiction in which you
are viewing the Site. In addition, when
you use any current or future version of this Site or any other Warbird Fishing
Gear’s Website, you also will be subject to the terms and conditions of this
Agreement. Please print a copy of this
Agreement for your records. We may, from
time to time, modify the terms of this Agreement. When we make changes, we will post those
changes here. Your use of the Site
following any such modification constitutes your agreement to the terms of the
Third Party and Co-Branded Web Sites
This Site may contain hyperlinks ("links") to websites operated by persons or entities other than Warbird Fishing Gear ("third-party websites") or to co-branded websites operated by a third party, including affiliates ("co-branded websites"). We provide such links for your reference and convenience only. A link from Warbird Fishing Gear to a third-party website does not imply or mean that we endorse the content on that third-party or co-branded website, or the operator or operations of that website. You are solely responsible for determining the extent to which you use any content at any third party or co-branded websites to which you might link from our Site. Warbird Fishing Gear IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEBSITE OR CO-BRANDED WEBSITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
You agree to comply with all applicable law in connection with your use of the Site, and such further limitations as may be set forth in any written or on-screen notice from Warbird Fishing Gear, LLC and WarbirdFishingGear.com. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with this Site or any co-branded website will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Warbird Fishing Gear, LLC and WarbirdFishingGear.com or any co-branded website at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
By using this Site, you agree not to violate or attempt to violate the security of the Site, including, without limitation, actions such as:
Accessing data not intended for you or logging into a server or account that you are not authorized to access; Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," "spamming," "mail bombing," or "crashing" the Site; Sending unsolicited email, including promotions and/or advertising of products or services, and forging any TCP/IP packet header or any part of the header information in any email or posting.
Risk of Loss
All products purchased from the Site are transported and delivered
to you by an independent carrier not affiliated with, or controlled by, Warbird
Fishing Gear, LLC and WarbirdFishingGear.com.
Title to products purchased on the Site, as well as the risk of loss for
such products, passes to you when Warbird Fishing Gear, LLC and WarbirdFishingGear.com
delivers these items to the carrier.
Warbird Fishing Gear, LLC and WarbirdFishingGear.com attempts to be as accurate
as possible in describing its products.
We do not warrant that product descriptions or other content of this
Site are accurate, complete, reliable, current, or error-free. Most Warbird Fishing Gear’s products
displayed on the Site are available in select retail stores in the United
States and select foreign markets while supplies last. In some cases, merchandise displayed for sale
at the Site may not be available in retail stores. Unless otherwise stated, the prices displayed
at the Site are quoted in U.S. Dollars.
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. As the actual colors you see depend on your computer monitor, however, we cannot guarantee that your monitor's display of any color will be accurate.
The Warbird Guarantee
Warbird Fishing Gear, LLC and WarbirdFishingGear.com guarantees every product we make. If you are not satisfied with one of our products at the time you receive it, or if one of our products does not perform to your satisfaction, you may return the product to the store from which you bought it or to WarbirdFishingGear.com for repair, replacement, or refund in accordance with Warbird Fishing Gear’s warranty policy. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY: THIS SITES PROVIDED BY Warbird Fishing Gear, LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WARBIRD FISHING GEAR MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WARBIRD FISHING GEAR DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL WARBIRD FISHING GEAR, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTIAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THIS SITE OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO Warbird Fishing Gear, LLC THROUGH THE SITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DICLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Miscellaneous Legal Provisions
We may discontinue the Site at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Site at any time for any reason, without notice. We may discontinue or restrict your use of the Site at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Warbird Fishing Gear, LLC as a result of this Agreement or your use of this Site. Nothing contained in this Agreement is in derogation of Warbird Fishing Gear’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Warbird Fishing Gear with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The failure of Warbird Fishing Gear, LLC and WarbirdFishingGear.com to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
This Agreement is the entire and final Agreement regarding our Site and its content, and supersedes any prior or contemporaneous communications between Warbird Fishing Gear, LLC and WarbirdFishingGear.com and you regarding our Site and its contents.
All rights not expressly granted herein are hereby reserved.