These General Terms and Conditions of Use (“Terms”) are entered into by and between you and Swampfox Optics Inc., in consideration of your use and access of this Internet website (Swampfox Optics website) and the promises and obligations herein, and intending to be legally bound, you and Swampfox Optics hereby agree that your access to and use of the Swampfox Optics website is subject to these Terms, as well as any modifications issued by Swampfox to these Terms, and all applicable laws ad regulations. BY USING THIS WEBSITE, YOU AGRREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the Swampfox Optics website. Among other things, Swampfox Optics provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These terms and the information provided by Swampfox Optics in no way override the terms and conditions of your chase of any product or service except as specifically provided herein. To the extent any area within the Swampfox Optics website contains speficic terms and conditions concerning its use (“Specific Terms”), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these terms and the Specific Terms, the Specific Terms shall prevail.
Changes in Terms
Swampfox Optics shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Swampfox Optics website. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Swampfox Optics website. You are responsible for reviewing the Terms periodically for any modification that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by Swampfox Optics to these Terms. ANY ACCESS OR USE OF TH IS WEBSITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITITONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR ACCEPTANCE OF SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than Swampfox Optics shall be valid or enforceable against Swampfox Optics unless expressly agreed to by Swampfox Optics in a writing signed by a duly authorized officer of Swampfox Optics.
Swampfox Optics reserves the right to immediately terminate this agreement and/or your access to and use the Swampfox Optics website or any portion thereof, at any time and for any reason, with or without cause. Swampfox shall have no liability for termination of this agreement. Upon termination of this agreement, your right to use the Swampfox Optics website shall immediately cease.
Compliance with Laws
You agree to comply with applicable laws, statutes, ordinances and regulations regarding your use of the Swampfox Optics website and your purchase of items from Swampfox Optics (if applicable) on the Swampfox Optics website.
All design and content featured on the Swampfox Optics website, including the text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material, as well as the selection, assembly and arrangement thereof, are referred to collectively as the “Content”, and are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licenses by Swampfox Optics. This website in its entirety is protected by copyright and applicable trade dress. The Content may contain errors, omissions, or typographical errors or may be out of date. Swampfox Optics may change, delete, or update any Content at any time and without prior notice. The Content is provided for information purposes only and is not binding on Swampfox Optics in any way except to the extent it is specifically indicated to be so. You may view and use the Content only for your personal, noncommercial use, and for shopping and ordering on the Swampfox Website, and for no other purpose, and you shall retain intact all copright and other proprietary notices. Except as privded in the foregoing, Swampfox Optics does not grant you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Swampfox Optics website, including without limitation by transferring, downloading, or otherwise copying any Content onto any disk, drive, or other storage medium. Any use of the Contnt, except as specifically permited in these Terms, or as otherwise expressly permitted in the Content or in writing, signed by Swampfox Optics, is strictly prohibited.
Linked Third Party Sites
Links to other websites operated by thirsd parties, do not constitute sponsorship, endorsement, or approval by Swampfox of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Swampfox Optics, and Swampfox Optics is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation of practices and privacy policies. Links to other sites are provided for convenience only, and you choose to access them at your own risk.
Prices and Orders (Applicable If Products Are Sold on the SWAMPFOX OPTICS Website)
All prices displayed on the Swampfox Optics website are quoted in U.S. Dollars. Swampfox Optics may restrict delivery to addresses within the United Sates. Swampfox Optics will add shipping handling fees as applicable sales/tax as necessary. Swampfox Optics reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the Swampfox Optics website without incurring any obligation to you. Products listed on the Swampfox Optics website are available while supplies last. The receipt by you of an order confirmation does not constitute Swampfox Optics acceptance of your order. Prior to Swampfox Optics acceptance of an order, verification of information (identity, payment, billing, and/or shipping information) may be required. Swampfox Optics reserves the right at any time after the receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Swampfox Optics, for any reason. Swampfox Optics reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event hat a product or service is listed at an incorrecpt price due supplier pricing information typographical error, Swampfox Optics shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card has been charged. If your credit cart has already been charged for the purchase and your order is cancelled, Swampfox Optics will promptly issue a credit back to your method of payment in the amount of the incorrect price. Swampfox Optics accepts the following major credit cards, Visa, Master Card, American Express, and Discover (all of these forms of payment are also accepted when checking out with PayPal).
SWAMPFOX OPTICS MAKES NO WARRANTIES OR REPRESENTATIONS WHATESOEVER WITH RESPECT TO THE SWAMPFOX OPTICS WEBSITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION AND MATERIALS. SWAMPFOX OPTICS ALSO DOES NOT WARRANTY OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SWAMPFOX OPTICS WEBSITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT SWAMPFOX OPTICS OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED TO USERS “AS IS” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESED OR IMPLIED, TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, COURSE OF DEALING, COURSE OF PERFORMANCE OR USEAGE OF TRADE. THE “AS IS’ CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SWAMPFOX OPTICS WEBSITE. Please note that some jurisdictions may not allow for the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restriction or limitations regarding the exclusion of implied warranties.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL SWAMPFOX OPTICS OR ANY OF ITS SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTIORS, OFFICERS, EMPLOYEES OR AGENTS, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFIVERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR BUSINESS INTERUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE SWAMPFOX OPTICS WEBSITE, EVEN IF SWAMPFOX OPTICS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SWAMPFOX OPTICS LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
You agree to defend, indemnify, and hold harmless Swampfox Optics, its subsidiaries and affiliates, Swampfox Optics vendors, and each of their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of or relating to (1.) your violation of these Terms, (2.) any allegation that any information on material submitted by you violates any intellectual property rights of any third party, or (3.) any activity related to your account.
This agreement is governed by and constructed in accordance with the laws of the State of Colorado and U.S.A., without regards to conflicts of laws and/or principles. You agree to submit the exclusive jurisdiction of any state or federal court located in the county of Denver, state of Colorado, U.S.A. and waive any jurisdictional, venue or inconvenient forum objections to such courts.