OVERVIEW
This website is operated by Eagle Klaw Company. Throughout the site, the terms “we”, “us” and “our” refer to Eagle Klaw Company. Eagle Klaw Company offers this EagleKlaw.com “website” or “site” and any related websites operated under domain names registered to Eagle Klaw Company, its officers, affiliates and subsidiaries, including all information, products, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By visiting our site and/ or purchasing products from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features, products or tools which are added to EagleKlaw.com shall also be subject to the Terms of Service.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least 18 years old and you have given us your consent to allow any of your minor dependents to use this site. 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). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Service.If a credit card account is being used for a transaction, we may obtain pre-approval for an amount up to the amount of the payment. You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 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 website through which the Service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – PERMITTED USES; LIMITED LICENSE
You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Website pursuant to these Terms of Use. We may change, suspend, or discontinue any aspect of the Website at any time. We may also, without notice or liability, impose limits on certain features and services or restrict or deny your access to all or portions of the Website. You shall have no rights to the proprietary software and related documentation if any provided to you in order to access the Website. Except as expressly provided in these Terms of Use, you shall have no right to directly or indirectly own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Website or any of its contents in whole or in part. You are only authorized to visit, view, and retain a copy of pages of the Website for your own personal use. You agree that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Website for any purpose other than for personal use unless otherwise specifically authorized by us to do so. You also agree not to deep-link to the Website for any commercial purpose, unless specifically authorized by us to do so. You may not use this site for any commercial purpose, such as to offer sales of merchandise or services, whether by advertising, solicitations, links, or any other form of communication, without prior written authorization by us.
SECTION 4 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site 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 site is at your own risk. This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 5 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products or Services are subject to change without notice. We reserve the right to modify or discontinue the Service, or any part of 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.
SECTION 6 – PRODUCTS OR SERVICES
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Returns Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear on the website. 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 the sole discretion of Eagle Klaw Company. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site 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.
SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include but are not limited to orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, re-sellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates so that we can complete your transactions and contact you as needed. For more details, please review our Returns Policy. If the issuer of your credit/debit card refuses to authorize payment to Eagle Klaw Company, we will not be liable for any delay or non-delivery. If due to a high demand, we temporarily may run out of certain products and don’t have an item that you have ordered in stock, we’ll notify you via email promptly.
SECTION 8 – THIRD-PARTY TOOLS
We may provide you with access to third-party tools, such as payment gateway, etc., over which we neither monitor nor have any control or input. 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 third-party tools. Any use by you of third-party tools offered through the site 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). We may also, in the future, offer new Services and/or features through the website, including the release of new tools and resources. Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 9 – THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites 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 websites, 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 websites. 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.
SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER 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, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will 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 website. 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 comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 – PERSONAL INFORMATION
Your submission of personal information through the website is governed by our Privacy Policy.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the 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 website 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 website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 – PATENTS, COPYRIGHTS, AND TRADEMARKS
The entire content of this website and any related websites operated under domain names registered to Eagle Klaw Company, its officers, affiliates and subsidiaries, including but not limited to design, text, images, graphics or code, is copyrighted as a collective work under the United States and other copyright laws, and is the property of Eagle Klaw Company. The collective work includes works that are licensed to us. Permission is granted to electronically copy and print hard copy portions of this Website for the sole purpose of placing an order with the fulfillment provider or purchasing Eagle Klaw Company products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Website solely for your own non-commercial use, or to place an order with the fulfillment provider or to purchase Eagle Klaw Company products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Website (for example, on any products, as a part of a domain name, or in any advertising or marketing) is strictly prohibited, unless specifically authorized in writing by Eagle Klaw Company. You further agree not to change or delete any proprietary notices from materials downloaded from the website.All trademarks, service marks and trade names of Eagle Klaw Company used in the website, (including but not limited to Eagle Klaw Company’s name and logo), are trademarks or other types of marks of Eagle Klaw Company.
SECTION 15 – CLAIMS OF COPYRIGHT INFRINGEMENT; DIGITAL MILLENNIUM COPYRIGHT ACT POLICY
We disclaim any responsibility or liability for copyrighted materials posted on our site. Eagle Klaw Company respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to Eagle Klaw Company. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Website by sending us a notice (“Notice”) complying with the following requirements:A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;A description of the allegedly infringing material and information sufficient to permit us to locate the material;Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address;A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; andA statement by you that the information in the notification is accurate and that under penalty of perjury you have the authority to enforce the copyrights that are claimed to be infringed.
SECTION 16 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. Some Eagle Klaw products contain sharp edges that require handling with an extreme care to avoid injury during installation and use. You expressly agree that your use of, or inability to use, Eagle Klaw products and Service is at your sole risk. By agreeing to these Terms of Use, you also agree to the terms of this Limited Lifetime Warranty. All products and Services delivered to you through the Service are, except as expressly stated in our Limited Lifetime Warranty, provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Eagle Klaw Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, any loss or damage of any kind incurred as a result of the use of the Service or product, or any content, posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. These Terms of Service give you specific legal rights that may vary from state to state. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum of $100.00 US (One hundred dollars).
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Eagle Klaw Company and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
SECTION 18 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services, or any part thereof.
SECTION 20 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including, but not limited to, any prior versions of the Terms of Service. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Illinois, United States of America.
SECTION 22 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.