Terms & Conditions
1. WE MAY MODIFY THESE TERMS.
We reserve the right to modify these Terms at any time without notice to you. The date of the most recent version of these Terms is noted at the top of the Terms. Any modification will be effective upon posting of the updated Terms, and your access to and/or use of any of the Sites thereafter will constitute your acceptance of such modified Terms. Please note the date these Terms were last modified and review these Terms on a regular basis.
2. WE MAY CHANGE WHAT WE OFFER; PRODUCTS ARE NOT ALWAYS AVAILABLE.
We may change or terminate any of the services, programs, promotions, and/or other offers, deals, coupons, and/or specials (collectively, "Offerings") described or offered through the Site at any time without notice to you. Not all products are available at all times.
3. WE GRANT YOU A LICENSE TO USE OUR CONTENT, BUT ONLY FOR INFORMATIONAL AND NON-COMMERCIAL PURPOSES.
All information, data, materials, text, graphics, images, and other content available on the Site are provided for informational purposes and personal uses only (unless we agree in writing). We grant you a personal, non-exclusive, non-transferable, non-assignable, non-sublicensable, limited license to access and/or use the Content on the Sites, and to download, print and store portions of the Content that you select, provided that you: (i) access and/or use those portions of the Content solely for your own personal, non-commercial use (unless we provide prior written authorization); (ii) do not copy or post the Content on any network computer, or transmit, distribute, publish, display, make available or broadcast the Content in any media or platform; and (iii) do not modify or alter the Content in any way or delete or change any copyright or trademark notice. No right, title or interest in and to any Content is transferred to you as a result of this limited license. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, copied, duplicated, sold, resold, visited, or otherwise exploited for any commercial purpose.
4. OUR CONTENT IS PROVIDED AS A CONVENIENCE AND MAY CHANGE OR HAVE ERRORS.
Your use of any Content from the Sites is entirely at your own risk, for which Company will not be liable. We do not guarantee the correctness, availability, usefulness, reliability, validity, accuracy, completeness, timeliness, correct sequencing, efficacy, or suitability of the Content on the Site, and Company shall not be liable for any errors or deficiencies in any Content on the Site, or for any action or inaction taken by you in reliance thereon; unless and to the extent resulting from Company's grossly negligent, reckless or intentional acts. You should note the following: Product Information and Pricing Changes and Errors Occur. While we endeavor to provide accurate product information, you should know that products on the Site may be mispriced, described inaccurately, or unavailable and we may experience delay in updating information on the Sites and in our advertising on the Sites.
5. WE DO NOT ALLOW FRAMING AND LIMIT HYPERLINKS.
If you post content online by maintaining a website, by blogging, or through any other means, you may include within that content a hyperlink to the home page or sign-in page of this Site. All other linking to our Site is strictly prohibited without prior written authorization from us. We accept no responsibility or liability for the quality, content, timeliness, accuracy, nature, or reliability of any content that you or others post online, even if it contains a hyperlink to our Site. The inclusion of a hyperlink to our Site does not imply endorsement or approval by Company of that content. You may not frame or use framing techniques to enclose any Company trademark, logo or other proprietary materials, including the images posted on our Site, any text or design of any Site, or any form contained on a Site, without our prior written consent.
6. WE CAN USE OR DISCLOSE YOUR FEEDBACK.
7. REQUIREMENTS WHEN YOU ESTABLISH AN ACCOUNT.
You may be permitted or required to create an Account through our Site to use services or order products we offer. When you create an Account, you must provide us with certain information about you and create a password. You agree to provide us with accurate and complete information requested in the registration process, and to inform us of any updates to such information on an ongoing basis to keep it accurate and complete. You agree that you will not impersonate any other person, set up multiple Accounts, or use your Account(s) in any way that circumvents limits on offers, discounts, promotions or coupons, and that we may terminate any Account we believe has engaged in such activities. You agree to keep your password confidential and not share it with anybody else.
8. WE MAY TERMINATE YOUR ACCOUNT.
We reserve the right to suspend or terminate your Account at any time, with or without notice to you. You may terminate your Account at any time by notifying Company in accordance with Section 17 Company reserves the right to collect monies owed and you shall be liable for payment of any fees and charges incurred before your Account is terminated.
9. SITE IS PROTECTED BY COPYRIGHT LAWS.
The Site, and all Content available on the Site, is protected by copyright laws. Unless specified otherwise on the Site, no portion of the Site may be copied, displayed, performed, republished, transmitted, or distributed in any way or form, nor may any derivative work of any Site be created, without Company's prior written consent. Any such use of any Content for any purpose not authorized under these Terms is a violation of the copyrights of Company (or other entities). Permission for all uses of the Site other than as expressly authorized under these Terms must be obtained from Company or the appropriate owner thereof in advance and in writing. The use of the Site or any Content available thereon on any other website or networked computer environment is prohibited. Your access to or use of the Site does not grant you any rights, either intentionally or by implication, to any program, tool, or application.
10. SITE IS PROTECTED BY TRADEMARK LAWS.
All trademarks, service marks, logos, trade names and trade dresses in or on the Site, whether registered or unregistered, are proprietary to Company (or to other entities). You may not use, reproduce, or otherwise display any such trademarks, service marks, logos, trade names or trade dresses without the prior written consent of Company or the appropriate owner thereof. All design rights, compilation rights, and similar intellectual property rights in and to the Site, in each case whether registered or unregistered, and related goodwill, are owned exclusively by and are proprietary to Company or other entities.
11. YOU MAY NOT IMPAIR THE SECURITY OF THE SITE.
You are prohibited from violating, or attempting to violate, the security of the Site; rendering the Site inaccessible to others; imposing an abnormal or unreasonable burden on the hardware and software infrastructure for the Site; or otherwise compromising or causing or attempting to cause damage to the Site. Any such violation may result in criminal and/or civil penalties against you. Company will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.
12. WE HAVE MONITORING AND ENFORCEMENT RIGHTS.
13. WE DISCLAIM THESE WARRANTIES.
Important: The Site, and all Content available on the Site, are provided on an "as is" and "as available" basis, without warranties, representations, or endorsements of any kind. To the fullest extent permitted under applicable law, Company disclaims all warranties of any kind, express, implied, statutory, or otherwise (including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, fitness for a particular use, title and non-infringement, any warranty for information, data, data processing services or uninterrupted access or use). Company does not warrant that the Site will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Site will be free of viruses or other harmful components. Company does not make any representations or warranties regarding the access or use of, or the results of the use of, the Content on the Sites (including all descriptions, images, references, features, specifications, information, data, products, and prices/availability of products described or depicted on the Site or services offered through the Site) in terms of its availability, usefulness, completeness, correctness, accuracy, reliability, validity, suitability, timeliness, correct sequencing, or otherwise. Applicable law may not allow the exclusion of implied warranties, so some or all of these disclaimers may not apply to you.
14. OUR LIABILITY IS LIMITED.
Important: To the fullest extent permitted under applicable law, under no circumstances (other than injury to the person in the case of consumer goods) shall Company be liable for any consequential, incidental, special, punitive, exemplary, or indirect damages, or any lost profits or lost revenues, resulting from, based on, or arising out of (i) your access or use of, or inability to access or use, the Sites and/or the Content; (ii) any transaction conducted through or facilitated by the Sites; (iii) any claim attributable to errors, omissions, deficiencies, or other inaccuracies in the Sites; (iv) any unauthorized access to, or use, disclosure or alteration of, your transmissions of data including, without limitation, your personal information or payment card information; (v) statements or conduct of any third party on the Sites; or (vi) any other matter related to the Site, even if Company or a Company representative has been advised of the possibility of such damages. Notwithstanding the foregoing, Company's total liability to you, whether under contract, warranty, tort (including but not limited to negligent, but excluding grossly negligent, reckless and intentional, acts of the Company), product liability, strict liability or any other theory, arising from these Terms or your access to and/or use of the Sites for any reason whatsoever shall be limited in the aggregate to the total of all payments you have made to Company (if any) during the three-month period preceding the date of such claim. If you are dissatisfied with the Site, any Content, or any services provided through the Site, your sole and exclusive remedy is to discontinue using the Site. Applicable law may not allow some or all of this exclusion or limitation of liability for damages, so some of these exclusions or limitations may not apply to you.
15. YOU INDEMNIFY US.
You agree to defend, indemnify, and hold harmless Company, and its affiliates and subsidiaries and all of its/their respective officers, directors, employees, owners, agents, information providers, licensors and licensees, from and against any and all liabilities, losses, damages, expenses, and costs (including reasonable attorney fees) incurred in connection with any third party claim, complaint, suit or cause of action arising from your conduct in connection with accessing and/or using any of the Site or your breach of these Terms. This provision does not apply to acts of Company. You shall cooperate with Company in the defense of any such claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. Some jurisdictions limit consumer indemnities, so some portions or all of this indemnity provision may not apply to you.
16. YOU CONSENT TO RECEIVE CERTAIN ELECTRONIC COMMUNICATIONS FROM US; TELEPHONE AND TEXT MESSAGING OPT-IN.
When you visit the Sites or send an email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on the Site. If you contact us by email, telephone, facsimile, online chat or similar electronic communication service, you consent to our use of the same communication method, and/or any email address or telephone number you provide in contacting us, to respond to your contact. In addition, if you register or create an Account on the Site, you consent to our use of the contact information provided in that process to contact you regarding your Account. Company reserves the right to send you emails relating to your Company Account or use of its services, such as administrative and service announcements or if we suspect fraud, and these transactional or Account messages may be unaffected if you choose to opt out from receiving Company marketing emails. You further understand that the Company may send you sales and marketing communications, such as by email. You can opt out of receiving Company sales and marketing emails at any time by following the unsubscribe instructions in those emails. This will not affect subsequent subscriptions and if your opt-in is limited to certain types of emails, the opt-out will also be so limited.
17. WRITTEN NOTICE.
Any written notice, demand, consent or other similar communication related to these Terms, your Account, given by one party to the other shall be deemed to have been given when delivered, in each case, addressed as follows:
- If from You to Company:
- Customer Support Center, Peak44, 1550 Yellowtail Dr. Sheridan, WY 82801
- If from Company to You:
- At the email or mailing address specified in your Account or the address provided when placing an order through the Online Ordering.
If any provision of these Terms shall be deemed unlawful, invalid or for any reason unenforceable, then that provision shall be deemed severable from these Terms but severing any such provision from these Terms shall not affect the validity and enforceability of any remaining provisions.
19. OUR RIGHTS TO MODIFY SITE AND CORRECT ERRORS, DEFICIENCIES, INACCURACIES AND OMISSIONS.
We reserve the right to modify or discontinue all or any part of the Site—including any or all of the Content on the Site (including without limitation, all descriptions, images, references, features, specifications, information, data, products, offers, and prices/availability of products described or depicted on the Site, or any services offered through the Site)—at any time without notice to you. In addition, the Sites (including the Content) may contain typographical, pictorial and/or other errors, deficiencies, or inaccuracies and may not be complete, correct, reliable, useful, suitable, accurate, timely, or current. We assume no responsibility for any such errors, deficiencies, inaccuracies, or omissions on any of the Sites and do not guarantee that they will be corrected. We reserve the right to (i) discontinue any stated offer, (ii) delete, change or update prices, promotions, offers, product and/or service descriptions or specifications, or other information, with no further obligation to you, even after your receipt of an order confirmation from us, and (iii) delete, change or update the Content at any time without prior notice. In the event of an error involving product pricing, availability, or the terms of an offer, changes will take effect upon posting of the updated information on the applicable Site, unless otherwise noted.
20. ENTIRE AGREEMENT.
These Terms set forth in this and any other terms and conditions incorporated by reference or to which a link is provided in these Terms, as well as any other terms and conditions posted to any specific component of the Sites with which you engage, shall be the sole terms of the agreement between you and Company regarding your access to and/or use of the Sites.