Terms and Conditions
Last updated: April 18, 2019
1. Accessing the Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Service through which the service is provided, without express written permission by us.
2. Prohibited Uses
3. Personal Information
4. Optional Tools
We may provide you with access to third-party tools that we do not maintain or control. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Your use of optional third-party tools offered through the Service is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
5. External Links
Certain content, products and services available via our Service may include materials from third parties. Third party links on this Service may direct you to third party sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or sites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party sites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.
6. User Comments, Feedback, and Submissions
If, at our request, you send certain specific submissions (for example contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ”User Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any User Comments that you forward to us. We have no obligation to maintain any User Comments in confidence, pay compensation for any User Comments, or respond to any User Comments.
You warrant that any and all User Comments you submit do not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that any and all User Comments you submit do not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Service. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any User Comment. You are solely responsible for any and all User Comments you make and their accuracy. We take no responsibility and assume no liability for any User Comments posted by you or any third-party.
7. Linking to the Service and Social Media Features.
You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our prior consent. This Service may provide certain social media features that enable you to, among other things, link from your own or certain third-party Services to certain content on this Service, send emails or other communications with certain content, or links to certain content, on this Service, cause limited portions of content on this Service to be displayed or appear to be displayed on your own or certain third-party Services. You may use these features solely as they are provided by us and solely with respect to the content they are displayed with.
8. Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on the Service is not accurate, complete or current. The material on the Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this Service is at your own risk.
This Service may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Service at any time, but we have no obligation to update any information on our Service. You agree that it is your responsibility to monitor changes to our Service.
TERMS FOR ONLINE SALES
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
1. Modification to the Service and Prices
All prices for our products are subject to change without notice. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
2. Our Products
Certain products or services may be available exclusively online through the Service. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Service is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
3. Payment Terms; Accuracy of Billing and Account Information; Shipments; Delivery; Title and Risk of Loss
You further agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products or services from the Service for your own personal or household use only, and not for resale or export.
Terms of payment are within our sole discretion and, unless otherwise agreed to by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that: (i) the purchase and account information (including, without limitation, credit card or other payment information) you supply to us is current, complete and accurate for all purchases made at our store, (ii) you are duly authorized to use such credit card or other method of payment for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We will arrange for shipment of the products to you. Specific delivery options will be provided to you upon checkout. You will pay all shipping and handling charges specified during the ordering process.
Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
4. Returns and Refunds.
Once your return is received and inspected, we will notify you of the approval or rejection of your refund. We reserve the right, in our sole discretion, to reject the return of any product that is used, worn, not in its original condition or packaging, or not accompanied by a receipt or proof of purchase.
If your return is approved, your refund will be credited back to the same payment method used to make the original purchase on the Service.
Only regular price items may be returned and refunded. Discounted or sale items will not be refunded. If the item was marked as a gift and shipped directly to you, we will only accept exchanges.
For returns of defective products, please refer to the manufacturer's warranty (where applicable) included with the product or as detailed in the product's description on our Service.
5. Disclaimer of Warranties on Purchases; Limitation of Liability
ALL PRODUCTS AND SERVICES OFFERED ON THIS SERVICE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you.
Some of the products and services offered on our Service are covered by the manufacturer's warranty as detailed in the product's description on our Service and/or included in the packaging with the product. When applicable, please follow the instructions included in the manufacturer's warranty to obtain warranty service for defective products.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SERVICE.
6. Errors, Inaccuracies and Omissions
Occasionally there may be information on our Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related Service, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Service should be taken to indicate that all information in the Service or on any related Service has been modified or updated.
OTHER TERMS AND CONDITIONS
1. Disclaimer of Warranties Related to Your Use of the Service
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or this Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Service for any reconstruction of any lost data.
To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the service or any services or items obtained through the service or to your downloading of any material posted on it, or on any service linked to it.
YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
To the fullest extent provided by law, the company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
2. Limitation on Liability for Use of the Service
To the fullest extent provided by law, in no event will the company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the service, any services linked to it, any content on the service or such other services, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
4. Limitation on Time to File Claims
5. Waiver and Severability
A breach or violation of any of these Terms will result in an immediate termination of your Services and we reserve all rights under these Terms and all rights and remedies at law or in equity or otherwise. We also may terminate this agreement at any time without notice.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. When we elect to terminate your use of the Service you will remain liable for all amounts due up to and including the date of termination, regardless of the reason for termination.
7. Entire Agreement; Interpretation
8. Governing Law and Jurisdiction.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
11. Contact Information
703 Winchester Road
Paris, Kentucky 40361