Effective Date: January 01, 2016
Welcome and thank you for visiting this site (the
"Site"), which is owned and operated by Capt. Harry’s Fishing Supply
Sporting Goods, Inc. and its Associated businesses (collectively, "CAPT.
HARRY’S FISHING SUPPLY", "Us" or "We"). These Terms of
Use (these "Terms") are provided by CAPT. HARRY’S FISHING SUPPLY and
are applicable to all CAPT. HARRY’S FISHING SUPPLY operations at or through our
websites, our mobile/tablet sites, our social media presence, our applications,
and our stores/locations. The Site is the property of CAPT. HARRY’S FISHING
SUPPLY, and we provide these Terms subject to the following conditions.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. YOUR ACCESS AND/OR USE
OF THE SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS. IF
YOU DO NOT FULLY ACCEPT THESE TERMS, DO NOT USE OR ACCESS THE SITE.
Revisions to these Terms. CAPT. HARRY’S FISHING
SUPPLY may revise these Terms at any time and from time to time by updating
this posting, and such revisions shall be effective immediately upon being
posted to the Site, however, any changes to the dispute resolution provisions
set forth below will not apply to any disputes for which the parties have
actual notice prior to the date the change is posted on the Site. It is your
responsibility to visit this page when using the Site to review the current
Terms, as they are binding on you. Your continued use of the Site after any
modifications indicates your acceptance of these Terms, as modified. The
"Effective as of" date sets forth the date these Terms were last
Additional Terms. Certain provisions of these
Terms may be superseded by expressly designated legal notices, rules or other
terms located on particular pages of the Site (the "Additional
Terms"), including contests, sweepstakes, promotions, or other similar
features. Your use of such pages confirms your unconditional acceptance of the
Additional Terms. If these Terms are inconsistent with such Additional Terms,
such Additional Terms shall govern and apply to your use of that portion of the
and use of the Site, including any personal information provided via the Site.
terms and conditions of these Terms and in the event of conflict between these
Use of the Site and License. The Site is a general
purpose site and is not targeted towards children under the age of thirteen
(13). By accessing or using the Site, including by registering an account on
the Site, you represent and warrant that you are eighteen (18) years of age or
older. If you are under the age of eighteen (18), you may use the Site only
with the involvement of a parent or guardian. Subject to your compliance with
these Terms, We grant you a personal, non-exclusive, non-transferrable, limited
privilege to access and use the Site solely for your personal, non-commercial
use. This privilege does not include any resale or commercial use of the Site.
We may revoke your access and use of the Site at any time (including if you
violate these Terms), and nothing herein constitutes a representation that the
Site will be available to you for your access or use.
Restrictions on Use of the Site. You agree that
you will access and use the Site only in a lawful manner and only in accordance
with these Terms. Additionally, you agree that you will not:
Gain access, or attempt to gain access, to any portion of
the Site, or any systems or networks connected to the Site, by hacking,
password mining or any other illegitimate or unlawful means;
Create or maintain any link from another site to any page
on the Site without CAPT. HARRY’S FISHING SUPPLY prior written permission. Run or display the Site (or any material on
the Site) in frames or through similar means on another site, application or
location, without CAPT. HARRY’S FISHING SUPPLY prior written permission; Modify
the information or materials located on the Site in any way or reproduce or
publicly display, perform, or distribute or otherwise use any such materials
for any public, non-personal or commercial purpose; Use any deep-link,
page-scrape, robot, spider, site search application or other automatic device,
program or methodology, or any similar or equivalent manual process, to access,
copy, retrieve, monitor, mirror, reproduce or index the Site, or any portion of
the Site; Collect any data or information regarding users and/or devices,
including usernames, personal information, preferences, email addresses or
accounts; Create or transmit unsolicited electronic communications, such as
spam, use any device, software or routine to interfere or attempt to interfere
with the proper working of the Site, or otherwise interfere with users'
enjoyment of the Site;
Transmit or upload to the Site any item containing or
embodying any virus, worm, defect, Trojan horse, software bomb or other harmful
or malicious code or feature that does or could interfere with, damage or
degrade in any manner the performance or security of the Site or adversely
affect a user;
Take any action that imposes, in our sole discretion, an
unreasonable or disproportionately large load on the Site or the IT
infrastructure used to operate the Site; Submit to the Site any content that is
unlawful or facilitates, constitutes, promotes or encourages illegal activity
or otherwise use the Site to transfer or store illegal material; Scan or test
the vulnerability of the Site or any network connected to the Site;
Access or use the Site or any User Content (as defined
below) in any manner which would violate any applicable local, state, federal
or international law (including any laws regarding the export of data or
software to and from the United States or other countries); or Attack the Site
via a denial-of-service attack or a distributed denial-of-service attack.
Account. You may be required to create an account
to access or use certain areas of the Site. If you choose to create an account,
you are responsible for maintaining the confidentiality of your account
(including your username and password information), and also for restricting
access to such information, your account and your device. You agree to accept
responsibility for all activities that occur under your account or password.
Additionally, you agree to notify us immediately of any unauthorized access or
use of your account or password, or any other breach of security.
We reserve the right, including if we become aware that you are under the age
of eighteen (18), to terminate your account or registration, at any time. We do
not sell products or services to children and do not permit children to have
accounts. We sell products and services to adults, who can purchase items with
a credit card or other payment method. If you are under the age of eighteen
(18), you may not have an account and you may use the Site only with the
involvement of a parent or guardian.
Content, Pricing and Accuracy. All features,
content, availability, specifications, products and prices of products and
services described or depicted on the Site are subject to change at any time
without notice. The inclusion of any products or services on the Site at a particular
time does not imply or warrant that these products or services will be
available at any time. Certain weights, measures and similar descriptions are
approximate and are provided for convenience purposes only. We attempt to
ensure that information on the Site is complete, accurate and up-to-date,
including the applicable colors; however, the actual color you see depends on
your device set-up, and We cannot guarantee that your device will accurately
display such colors. Despite our efforts, the information on the Site may
occasionally be inaccurate, incomplete or out-of-date. We make no
representation as to the completeness, accuracy or currency of any information
on the Site. For example, products or services included on the Site may be
unavailable, may have different attributes than those listed, or may carry a
different price than what is stated on the Site. In the event of a pricing
error or discrepancy on the Site with respect to products or services, We
reserve the right to cancel any orders (or partial orders) for such products or
Applicable Law. By placing an order, you represent
that the products or services ordered will be used only in a lawful manner and
as intended by such manufacturer. The Site is not intended to subject CAPT. HARRY’S
FISHING SUPPLY to the laws or jurisdiction of any state, country or territory
other than that of the United States, and we do not represent or warrant that
the Site or any part thereof is appropriate or available for use in any
jurisdiction besides the United States. It is your responsibility to ascertain
and obey all applicable local, state, federal and international laws (including
minimum age requirements) in regard to the possession, use and/or sale of any
product or service purchased via the Site.
Shipping Limitations. When an order is placed, it
will be shipped to the address designated by the purchaser, as long as such
shipping address is compliant with the shipping restrictions contained on the
Site. All purchases from the Site are made pursuant to a shipment contract. As
a result, risk of loss and title for products purchased from the Site pass to
you upon delivery to the carrier. You are responsible for filing any claims
with carriers for damaged and/or lost shipments.
Confirmation, Cancellation and Coupons. While it
is our practice to confirm online orders via email, the receipt of an email
order confirmation does not constitute our acceptance of an order nor our
confirmation of an offer to sell a product or service. We reserve the right, without
prior notice and at any time: (a) to limit the order quantity on any product or
service and/or to refuse service or fulfillment of any order or to any
customer; (b) to discontinue any product or service; (c) to bar any user from
making or completing a transaction; and (d) to limit or impose conditions on
the honoring of any coupon, coupon code, promotional code, or other similar
For clarification, orders may be limited or cancelled at any time including
after receipt of a confirmation or shipping email. We also may require
additional information and/or verification of information prior to the
acceptance and/or shipment of any order.
Intellectual Property. All text, graphics,
information, images, content, video, data, music, code, software, trademarks,
trade names, service marks, logos and other material displayed on, available
via, or that can be downloaded from the Site, excluding User Content (collectively,
the "CAPT. HARRY’S FISHING SUPPLY IP"), are either the property of,
or used with permission by, CAPT. HARRY’S FISHING SUPPLY or our service
providers and licensors, and are protected by copyright, trade dress, trademark
and other laws. Additionally, the design, arrangement, and collection of the
CAPT. HARRY’S FISHING SUPPLY IP on the Site, including the look and feel of the
Site (the "Look and Feel"), is the exclusive property of CAPT.
HARRY’S FISHING SUPPLY and protected by applicable copyright laws. We expressly
reserve all intellectual property rights in all CAPT. HARRY’S FISHING SUPPLY IP
and the Look and Feel. Nothing contained on the Site grants or should be
construed as granting, by implication, estoppel, or otherwise, any license or
right to use any CAPT. HARRY’S FISHING SUPPLY IP or the Look and Feel without
the express written permission of Us or such third party owner.
User Content Posted by You. As a user of the Site,
you may provide and/or post content, including reviews, comments, suggestions,
profile information, photographs, videos, messages, communications and/or other
materials (collectively, "User Content") and/or share it with other
users. Subject to any licenses and rights expressly granted herein, any User
Content posted by you, is owned by you.
User Content is and will be considered non-confidential and non-proprietary. We
may, but are not obligated to, monitor or review any User Content. CAPT.
HARRY’S FISHING SUPPLY will have no liability related to the content of any
User Content, whether or not arising under the laws of copyright, libel,
privacy, obscenity, or otherwise. We shall have no obligations to use, return,
review, remove, or respond to any User Content (unless required by law). We
retain the right to remove any or all User Content for any or for no reason,
including User Content that, in our sole discretion, violates these Terms and
reserve the right to terminate your access.
Without limiting the foregoing, we have the right to fully cooperate with any
law enforcement authorities or court order requesting or directing us to
disclose the identity or other information of users and/or devices using or
accessing the Site. YOU WAIVE AND HOLD HARMLESS CAPT. HARRY’S FISHING SUPPLY
AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING
FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF
ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF
INVESTIGATIONS BY ANY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
You are solely responsible for any User Content you post, publish or display on
the Site or transmit to others. You will post only User Content you believe in
good faith to be true and accurate, and you will not post to the Site any User
Content that is false, inaccurate, misleading or fraudulent. You are prohibited
from posting or transmitting any content that: Is deceptive, misleading, fraudulent,
unlawful, threatening, defamatory, libelous, obscene, pornographic or profane
material; Promotes illegal activity, encourages conduct that would be
considered a criminal offense or give rise to civil liability, or otherwise
violates any law; Violates the rights of a third party; Is offensive to users
of the Site, such as content that promotes racism, bigotry, hatred or physical
harm of any kind against any group or individual; or Harasses or advocates
harassment of another person or entity.
By uploading User Content to the Site, you hereby grant, and represent and
warrant that you have all rights and authority necessary to grant:
CAPT. HARRY’S FISHING SUPPLY and our service providers an
irrevocable, perpetual, non-exclusive, royalty-free, fully sub-licensable,
fully paid-up, worldwide license and right to use, copy, revise, publicly
perform, digitally perform, publicly display and distribute such User Content,
and to prepare derivative works based on, or incorporate into other works, such
User Content with or without attribution; and
All users of the Site an irrevocable, perpetual,
non-exclusive, royalty-free license and right to use such User Content for each
such user's personal, non-commercial use, subject to the restrictions set forth
in these Terms.
You understand and acknowledge that We may: (a) be
working on the same or similar idea to any ideas, expression of ideas or other
materials you submit within your User Content (each, an "Idea"); (b)
already know of such Idea from other sources; and/or (c) wish to develop such
Idea or a similar idea on our own.
User Content Posted by Others. You acknowledge and
agree that We do not control the User Content posted to the Site, or any links
to other sites, including the content of any messages or posts, and that We do
not guarantee the accuracy, integrity or quality of User Content. All User
Content, including advice and opinions posted by users, comprises the views and
responsibilities of those who post such User Content and does not necessarily
represent our views. We are not obligated to review or remove User Content and
you understand that, by using the Site, you may be exposed to User Content that
is offensive, indecent or objectionable.
Third Party Links. From time to time, the Site may
contain links to and/or functionality interacting with third party sites that
are not owned, operated or controlled by CAPT. HARRY’S FISHING SUPPLY. All such
links and/or functionality are provided solely as a convenience and do not
constitute an endorsement by CAPT. HARRY’S FISHING SUPPLY. If you use these
links, you will leave the Site. We are not responsible for any content,
materials or other information located on or accessible from any other site. We
do not endorse, guarantee, or make any representations or warranties regarding
any other site; any content, materials or other information located or
accessible from such sites; or any results that you may obtain from using such
sites. We also do not guarantee that links and/or functionality provided by
third parties will be available or error-free, uninterrupted, free from viruses
and/or unauthorized access, or otherwise meet your requirements.
IF YOU DECIDE TO ACCESS ANY OTHER SITE LINKED TO OR FROM THE SITE, YOU DO SO
ENTIRELY AT YOUR OWN RISK.
Disclaimers. We do not and cannot warrant that the
Site (including any element of the Site) or its servers will be error-free,
uninterrupted, free from viruses and/or unauthorized access, or otherwise meet
YOUR USE OF THE SITE (INCLUDING ANY ELEMENT OF THE SITE) AND OF ANY USER
CONTENT, IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES
PROVIDED ON OR IN CONNECTION WITH THE SITE ARE PROVIDED "AS IS",
"AS AVAILABLE", AND WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER CAPT. HARRY’S FISHING
SUPPLY, NOR ANY OF ITS AFFILIATES, SERVICE PROVIDERS OR SUPPLIERS, WARRANT THE
ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES
PROVIDED ON OR THROUGH THE SITE. THE INFORMATION, MATERIALS, PRODUCTS AND
SERVICES PROVIDED ON OR THROUGH THE SITE MAY BE OUT-OF-DATE, AND NEITHER CAPT.
HARRY’S FISHING SUPPLY NOR ANY OF ITS AFFILIATES, SERVICE PROVIDERS OR
SUPPLIERS MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION,
MATERIALS OR SERVICES. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE
SITE ARE SUBJECT TO ONLY THE APPLICABLE WARRANTIES OF THEIR RESPECTIVE
MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY, AND TO THE FULLEST EXTENT
PERMISSIBLE BY APPLICABLE LAW, CAPT. HARRY’S FISHING SUPPLY HEREBY DISCLAIMS
ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED
WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR
THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CAPT.
HARRY’S FISHING SUPPLY HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT OR
SERVICE DEFECTS OR FAILURES, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT
MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE
WITH ANY CODES, OR MISAPPROPRIATION (INCLUDING UNAUTHORIZED ACCESS OR
MISAPPROPRIATION OF YOUR PERSONAL INFORMATION). WE MAKE NO WARRANTIES TO THOSE
DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE
COMMISSION IMPROVEMENTS ACT.
We do not represent or warrant that the health, nutrition, ingredient, allergen
or other product information on the Site is accurate or complete since this
information is provided by the product manufacturer or supplier. We recommend
that you do not rely solely on the information presented on our Site and that
you consult each product's label or contact the manufacturer directly if you
have a specific question or dietary concern.
THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT
PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Limitations of Liability. Except where prohibited
by law, We do not assume any responsibility, and shall not be liable for any
damages to, or viruses or other harmful or malicious code that may infect or
affect, your computer, device, telecommunication equipment, or other property
caused by or arising from your access to, use of, or browsing of the Site,
linking to a third party site, or your downloading of any materials or
information from the Site and will not be liable for any loss or damage arising
from the unlawful, malicious, negligent or wrongful conduct of third parties.
THE FOLLOWING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY
LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN NO EVENT
WILL CAPT. HARRY’S FISHING SUPPLY OR ITS RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, PARTNERS,
VENDORS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF
THE SITE (OR ANY PART OF THE SITE) BE LIABLE TO ANY PARTY FOR ANY INDIRECT,
SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING
THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING
OUT OF THE USE, INABILITY TO USE, ACCESS, OR THE RESULTS OF USE OF THE SITE,
ANY SITES LINKED TO THE SITE, OR THE INFORMATION, MATERIALS OR SERVICES
CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT
(INCLUDING OUR NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT OF ANY PROBLEM WITH THE SITE, OR ANY MATERIAL OR CONTENT, YOU
AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE. THIS LIMITATION OF
RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND CAPT. HARRY’S FISHING SUPPLY.
IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE
PURCHASED ON OR THROUGH THE SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS
FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN
ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN
AND REFUND FOR SUCH PRODUCT OR SERVICE IN ACCORDANCE WITH THE RETURNS AND
REFUNDS POLICIES POSTED ON THE SITE.
Indemnity. You agree to defend, indemnify and hold
CAPT. HARRY’S FISHING SUPPLY and its respective affiliates, licensors,
directors, officers, employees, agents and representatives, harmless from and
against any losses, costs, expenses or damages of any nature whatsoever,
including attorneys' fees and court costs, arising from any claim, cause of
action, suit or demand of any third party due to, arising out of or relating to
your breach of these Terms.
Copyrights. If you believe any User Content or any
other aspect of the Site infringes your copyright, you should send written
notice of the alleged copyright infringement to our designated copyright agent
at this address:
Capt. Harry’s Fishing Supply Inc.
8501 NW 7th Avenue
Miami, FL 33150-2503
or by email at firstname.lastname@example.org
Such notice must meet the requirements of the Digital Millennium Copyright Act
by providing the following information:
A description of the copyrighted work that you claim has
A description of where the allegedly infringing material
is located on the Site;
Your name, address, telephone number and email address;
A statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its agent or the
A statement by you, made under penalty of perjury,
affirming that the above information in your notice is accurate, and that you
are the owner of the copyright at issue or are authorized to act on the
copyright owner's behalf; and
An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright at issue.
Counter-Notice. If you believe that your User
Content was removed or disabled but is not infringing; or that you have the
authorization from the copyright owner, the copyright owner's agent or pursuant
to the law, to post and use the content in your User Content; you may send a
counter-notice to the Copyright Agent containing the following information:
Your physical or electronic signature;
Identification of the content that has been removed or to
which access has been disabled and the location at which the content appeared
before it was removed or disabled;
A statement that you have a good faith belief that the
content was removed or disabled as a result of mistake or a misidentification
of the content; and
Your name, address, telephone number and email address, a
statement that you consent to the jurisdiction of the federal court in Miami, FL,
and a statement that you will accept service of process from the person who
provided notification of the alleged infringement.
If a counter-notice is received, CAPT. HARRY’S FISHING SUPPLY may send a copy
of the counter-notice to the original complaining party informing that person
that it may replace the removed content or cease disabling it in ten (10)
business days. Unless the copyright owner files an action seeking a court order
against the content provider, member or user, the removed content may be
replaced, or access to it restored, in ten (10) to fourteen (14) business days
or more after receipt of the counter-notice, at CAPT. HARRY’S FISHING SUPPLY
Disputes, Choice of Law, and Jurisdiction. Unless
expressly addressed in the Additional Terms, these Terms supersede any other
agreement between you and CAPT. HARRY’S FISHING SUPPLY to the extent necessary
to resolve any inconsistency or ambiguity between them. The Site is
administered by CAPT. HARRY’S FISHING SUPPLY from its offices in Florida. These
Terms will be governed by and construed in accordance with the laws of the State
of Florida, without giving effect to any principles of conflicts of laws. Any
matter and/or dispute relating in any way to your visit to or interaction with
the Site, including compliance with these Terms, shall be submitted to binding
confidential arbitration in Miami, Florida as provided in Section 21 (herein).
Notwithstanding the foregoing, to the extent you have in any manner violated or
threatened to violate our intellectual property rights, We may seek injunctive
or other appropriate relief in the state courts of the State of Florida or the
United States District Court, and you consent to exclusive personal
jurisdiction and venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE
TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF
ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Any dispute resolution proceedings relating to these Terms or the Site will be
conducted only on an individual basis and not as a class, consolidated, joined
or representative action and the parties expressly waive all rights to commence
or participate in any class, consolidated or representative action/proceeding.
You agree that CAPT. HARRY’S FISHING SUPPLY agreement to arbitrate claims
constitutes consideration for such waiver.
Notwithstanding CAPT. HARRY’S FISHING SUPPLY right to modify these Terms, CAPT.
HARRY’S FISHING SUPPLY agrees that any such modification to the dispute and/or
arbitration requirements in this Paragraph 20 or to Paragraph 21 shall not
apply to claims arising prior to the date of such modification.
Arbitration. Arbitration under these Terms shall
be conducted under the prevailing rules of the American Arbitration
Association. The arbitrator's award shall be binding and may be entered as a
judgment in any court of competent jurisdiction. In the event, for any reason,
arbitration is not permitted by applicable law, the parties waive all rights to
trial by jury and waive all right to commence or participate in any class action,
consolidated, representative or class proceedings.
Admissible. A printed version of these Terms shall
be admissible in judicial and administrative proceedings based upon or relating
to these Terms to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
Waiver and Severability. No waiver by CAPT.
HARRY’S FISHING SUPPLY of any term or condition set forth in these Terms shall
be deemed a further or continuing waiver of such term or condition or a waiver
of any other term or condition, and any failure of CAPT. HARRY’S FISHING SUPPLY
to assert a right or provision under these Terms shall not constitute a waiver
of such right or provision. If any provision of these Terms is held by a court
or other tribunal of competent jurisdiction to be invalid, illegal or
unenforceable for any reason, such provision shall be eliminated or limited to
the minimum extent such that the remaining provisions of these Terms will
continue in full force and effect.
Entire Agreement. These Terms and our Privacy
Policy and Additional Terms constitute the sole and entire agreement between
you and CAPT. HARRY’S FISHING SUPPLY with respect to the Site and supersedes
all prior and contemporaneous understandings, agreements, representations and
warranties, both written and oral, with respect to the Site.
Termination. You or CAPT. HARRY’S FISHING SUPPLY
may suspend or terminate your account or your use/access of the Site at any
time, for any reason or for no reason. You are personally liable for any
activity prior to such termination, including any orders that you place or
charges that you incur prior to termination. CAPT. HARRY’S FISHING SUPPLY
reserves the right to change, suspend, or discontinue all or any aspect of the
Site at any time without notice.
Additional Assistance. If you do not understand
any of the foregoing Terms or if you have any questions or comments, we invite
you to call our Customer Service Department at 1.800.327.4088