TERMS AND CONDITIONS
This document was created using a Contractology template available at http://www.contractology.com.
These terms and conditions govern your use of this website and company Swarthout’s Original Ping-A-T Lures, LLC (www.pingatlures.com), hereby referenced as Ping-A-T Lures; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 18 years of age to purchase products from this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age when making purchases.
License to use website
Unless otherwise stated, Ping-A-T Lures and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or other content and files 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 (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; or
- redistribute material from this website except for content specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
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 the website; 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 (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Ping-A-T Lures’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Ping-A-T Lures’s express written consent.
Access to certain areas of this website is restricted. Ping-A-T Lures reserves the right to restrict access to other areas of this website, or indeed this entire website, at Ping-A-T Lures’s discretion.
If Ping-A-T Lures 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.
Ping-A-T Lures may disable your user ID and password in Ping-A-T Lures’s sole discretion without notice or explanation.
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 Ping-A-T Lures 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 Ping-A-T Lures 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 Ping-A-T Lures 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.
Ping-A-T Lures reserves the right to edit or remove any material submitted to this website, or stored on Ping-A-T Lures’s servers, or hosted or published upon this website.
Notwithstanding Ping-A-T Lures’s rights under these terms and conditions in relation to user content, Ping-A-T Lures does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. Ping-A-T Lures 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, Ping-A-T Lures does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-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.
Limitations of liability
Ping-A-T Lures 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; or
- 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 Ping-A-T Lures has been expressly advised of the potential loss.
Ping-A-T Lures retains the right to change products and quantities, at any time, through our online shop. Due to this possible variation, in rare cases, a product may not be available after purchase, even though the website states otherwise. We are not liable for any delays or lost business, though we apologize for any inconvenience and refunds will be given upon reasonable request.
i. Returns, Refunds and Exchanges Policy
How To Return An Item
Your item must be in its original unused condition to be returned, unless there is a manufacturer defect or otherwise noted. Your must return the item within 30 days of your purchase.
1. Please email firstname.lastname@example.org to request a refund and we will assess the situation. DO NOT return any items until it is advised to do so.
2. If return request is granted, please mail your returned item to:
Swarthout’s Original Ping-A-T Lures
Order Return #
106 N. Broadway St.
Fallon, MT 59326
3. Include in your package a signed letter stating the reason for your return and the original receipt.
Some items can not be returned if they are opened or used. It is under our discretion onto which can or cannot be returned and may change at any time. Merchandise that has been worn, used, or altered will not be accepted for return or exchange.
Refunds on any products, whether partial or full, will only be given under reasonable circumstances. Such circumstances include condition and type of item, resell-ability, and exclude any of the following items:
- any digital download that included a license key, whether or not it has been used or activated;
- unless otherwise noted (under special circumstances) any used physical products, no matter the make or model; or
- merchandise that has been physically damaged, broken, has missing parts or cannot be repaired in a costly manner.
All items are subject to a 10% restocking fee, this will be deducted from your refund. We also do not refund the original shipping and handling that you paid on the order unless otherwise noted.
ii. Payment Policy
Accepted Methods of Payment
Our methods of accepted types of payment may change at any time. They could include:
- Credit Card;
- Check/Money Order; and
- Cash On Delivery.
Credit Card Charges
Your credit card will be charged when you place your order. If we are not able to fulfill your order for any reason your credit card will be refunded.
Mailing Address For Check/Money Order
Swarthout’s Original Ping-A-T Lures
106 N. Broadway St.
Fallon, MT 59326
iii. Shipping Policy
All orders are shipped within 48 hours Monday – Friday 8am – 5pm unless otherwise noted (via phone or email).
We use the following carriers to deliver our orders:
- UPS (preferred);
- USPS; and
If a tracking # is provided by the shipping carrier, we will update your order with the tracking information as soon as possible. Please note that some orders using 1st Class USPS mail will not have tracking numbers.
The rate charged for the shipping of your order is based on the size and weight of your products, and your location. Before the final checkout page you will be shown what the cost of shipping will be, and you will have a chance to not place your order if you decide not to.
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 Ping-A-T Lures’s liability in respect of any:
- death or personal injury caused by Ping-A-T Lures’s negligence;
- fraud or fraudulent misrepresentation on the part of Ping-A-T Lures; or
- matter which it would be illegal or unlawful for Ping-A-T Lures to exclude or limit, or to attempt or purport to exclude or limit, its liability.
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.
You accept that, as a limited liability entity, Ping-A-T Lures has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Ping-A-T Lures’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 Ping-A-T Lures’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Ping-A-T Lures.
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.
You hereby indemnify Ping-A-T Lures and undertake to keep Ping-A-T Lures indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Ping-A-T Lures to a third party in settlement of a claim or dispute on the advice of Ping-A-T Lures’s legal advisers) incurred or suffered by Ping-A-T Lures arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Ping-A-T Lures’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Ping-A-T Lures may take such action as Ping-A-T Lures 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.
Ping-A-T Lures 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.
Ping-A-T Lures may transfer, sub-contract or otherwise deal with Ping-A-T Lures’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.
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.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with local, state and government law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of District of Montana.
Ping-A-T Lures’s details
The full name of Ping-A-T Lures is: Swarthout’s Original Ping-A-T Lures, LLC.
Ping-A-T Lures’s registered address is:
106 N. Broadway St.
Fallon, MT 59326.
You can contact Ping-A-T Lures by email to email@example.com.