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Terms of Service & Privacy Policy

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 conditions contained in this Terms of Use Agreement ("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 modified Agreement.

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.

Your Responsibilities

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 Outfitters Inc. 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 Outfitters Inc. 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 Outfitters Inc. 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 Outfitters Inc. and WarbirdFishingGear.com delivers these items to the carrier.

Product Information

Warbird Outfitters Inc. 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.

Colors

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

DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY: THIS SITES PROVIDED BY Warbird Outfitters Inc. 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 Outfitters Inc.  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 Outfitters Inc. 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 Outfitters Inc. 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 Outfitters Inc. and WarbirdFishingGear.com and you regarding our Site and its contents.

All rights not expressly granted herein are hereby reserved.

 

Privacy Policy

Privacy is priority, period.  WarbirdFishingGear.com recognizes the importance of our customers' privacy, and takes a number of steps to protect that privacy.  The following discloses the information gathering and dissemination practices for our website.

Warbird Outfitters Inc. and WarbirdFishingGear.com Privacy Policy

Warbird Outfitters Inc. and WarbirdFishingGear.com believes in protecting the privacy of its customers.  The purpose of this privacy policy is to describe the kinds of information that we may gather about you, how we may use that information, how we protect it, when we may disclose it, and the choices you have regarding your information.

By visiting WarbirdFishingGear.com (the Site), you are consenting to the practices described in the current version of this privacy policy.  If you have visited the Site previously, please review the privacy policy again to be sure you are familiar with its present terms.  Recent changes to the privacy policy can be found below under Privacy Policy Changes.

If you have any questions or concerns about the privacy or security of your information, you may contact us.

Non-Personal Information That We Collect

Warbird Outfitters Inc. and WarbirdFishingGear.com automatically collects non-personally identifiable information from you when you visit our Site.  This information includes your Internet Protocol ("IP") address, which is the number automatically assigned to your computer whenever you access the Internet.  This number does not identify your name, email address, or other personal information.  We use your IP address to help diagnose problems with our server and to administer our Site.

We also collect non-personally identifiable information through the use of cookies.  A cookie is an alphanumeric file that a website puts on your hard drive so that it can remember something about you while you are using or when you return to the website.  Cookies make it easier for you to use our Site.  For example, we use a cookie in order to retain the contents in your shopping cart while you are checking out other areas on our Site.  When you are done, the products in your cart are still there for you to buy.  We also use cookies to gather certain aggregate usage information about the numbers and frequency of visitors to our Site and individual pages of our Site.  This data helps us improve the appearance and usability of the Site.  These cookies do not collect personally identifiable information nor do we combine information collected through these cookies with other personally identifiable information about you.

Warbird Outfitters Inc. and WarbirdFishingGear.com, its advertisers and ad servers may also use cookies, as well as files called "Web beacons" or "clear gifs" to determine on an anonymous basis which advertisements and promotions our Site users have seen and how users responded to them.  However, we do not use these technologies to collect personally identifiable information.

Personal Information that We Collect

We may collect your personally identifiable information, such as your name, shipping address, billing address, email address, phone number and credit card number, in the course of processing your order or when we otherwise communicate with you.  For example, through the order forms on our Site, we collect personally identifiable information necessary for shipping products that you purchase.  We also may collect your financial information (like your credit card number and billing address) and your contact information (like your email address, phone number and shipping address).

Information from Other Sources

Information that you give us may be combined with other personally identifiable information (such as order history and demographic information) from third-party sources to make our marketing efforts more efficient.  Examples of other information we receive from third-party sources include updated delivery and address information, which we use to correct our records and deliver your next purchase or catalog more easily.

Use of Information 

Financial information that is collected is used to bill you for products that you request.  Contact information from the order form is used to send orders and information about our company to you.  You may opt-out of receiving future mailings; see "How to remove your name from our mailing, sharing or email list" below.

If you register for email or provide your email address, we will send you emails.  Examples of what these emails will inform you include the following:  our launch of new products, special sales, promotional offers from our partners, events taking place in our stores near you, environmental issues we think are important, and potential employment opportunities with Warbird Fishing Gear that you may find of interest.  If you currently receive our emails and do not wish to continue receiving them, please see the "How to remove your name from our mailing, sharing or email list" section below.

We use your shipping address to ship your products to you and to send catalogs and other mailings to you.  We use your billing address, if different than your shipping address, to verify your billing information.  We never share our customer names or addresses, e-mail addresses or other personally identifiable information, other than to the extent described in the “Disclosures of Your Information” section below.  If you do not wish to receive catalogs or other mailings from us, please see the "How to remove your name from our mailing, sharing or email list" section below.

Disclosures of Your Information

We do not disclose your personal information to other companies, persons or agencies, except for the purposes described below:

Service Providers: We employ other companies and individuals to perform certain services and functions on our behalf.  Examples include operating and maintaining our Site, taking orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analyzing data, providing marketing consultation and assistance, distributing customer surveys, processing credit card payments, and providing customer service.  These companies have access to personal information needed to perform their services or functions, but may not use it for other purposes.

Affiliates and Partners: Sometimes we send offers to selected groups of Warbird Fishing Gear’s customers on behalf of our affiliated companies.

For Your Protection and Ours: We may release personally identifiable information when we believe it is appropriate to comply with applicable law regulation, legal process, or governmental request; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of Warbird Outfitters Inc., our customers, our employees or others.

Business Transfers: As we continue to develop our business, we may sell or buy subsidiaries or business units.  In such transactions, customer information is generally one of the transferred business assets but remains subject to the promises made in any pre-existing privacy policy (unless, of course, the customer consents otherwise).  Also, in the unlikely event that Warbird Outfitters Inc. or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.

Sharing: We may share your name and postal address with other reputable companies so they may send you catalogs about products of potential interest.  We do not share credit card information or email addresses with these third parties.  If you prefer that we not share your name and postal address with other companies, please see "How to remove your name from our mailing, sharing or email list" section below.

With Your Consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have the opportunity to choose not to share the information.

How to Remove your Name from Our Mailing, Sharing or Email List

Our Site provides you the choice to receive communications from us at the point where we request information about you.

Our Site gives you the following options for removing your information from our database to not receive future communications, or to no longer receive our service, or to not share your name and address with other companies.

  1. You may send an email to info@warbirdfishinggear.com or alternatively click the unsubscribe link on the email. 

  2. You may call the following telephone number:      +1-(305)-394-0870

 

 

How to Correct your Name from Our Mailing, Sharing or Email List

This Site gives you the following options for changing and modifying information previously provided.

 

  1. You may send an email to info@warbirdfishinggear.com

  2. Send mail to the following postal address:  

    Warbird Outfitters Inc.
    PO Box 692 
    Islamorada, FL  33036

  3. You may call the following telephone number:  305-394-0870

    Protection of Personal Information

    We want you to feel confident about using Warbird Fishing Gear to make purchases, and we are committed to protecting the personal information we collect.  While no website can guarantee security, we have implemented appropriate physical, electronic and managerial security procedures to help protect the personal information that you provide to us.

    Children's Privacy 

    Warbird Outfitters Inc. and WarbirdFishingGear.com does not sell merchandise for purchase by children.  If you are under 18, you may use our website only with the involvement of a parent or guardian.  Should a child whom we know to be under 18 send personal information to us, we will use that information only to respond directly to that child to inform him or her that we must have parental consent before receiving his or her personal information.

    External Links

    If any part of the Site links you to other websites, those websites do not operate under this privacy policy.  We recommend that you examine the privacy statements posted on those other websites to understand their procedures for collecting, using, and disclosing personal information.

    Changes to this Privacy Policy 

    Warbird Outfitters Inc. and WarbirdFishingGear.com may update this privacy policy in the future. We will notify you about material changes to this privacy policy by sending a notice to the e-mail address you provided to us or by placing a prominent notice on our website.

    How to contact Us

    If you have any questions or concerns about the privacy or security of your information, you may contact us in any of the following ways

    1. You may send an email to info@warbirdfishinggear.com

    2. Send mail to the following postal address:  

      Warbird Outfitters Inc.
      PO Box 692 
      Islamorada, FL 33036

    3. You may call the following telephone number: 305-394-0870