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Terms of Use

 

WEBSITE CONDITIONS OF USE AGREEMENT

 

____________________ SAFESPEAR, LLC ____________________

 

Welcome! Thank you for visiting, browsing, and/or shopping at SafeSpear.com. SafeSpear.com is brought to you by all of us at SafeSpear, LLC. Our mission is to provide a world-class shopping experience for SafeSpear’s unique polespear system and accessories through a commitment to excellence and integrity in value and service.

To use the services offered at SafeSpear.com or by any of its affiliates, you must agree to the following conditions. IF YOU VISIT, BROWSE, AND/OR SHOP AT SAFESPEAR.COM, YOU ACCEPT THESE CONDITIONS. Please read them carefully!

1. PRIVACY

A. Privacy Policy

Please review our Privacy Notice, which also governs your visit to SafeSpear.com, to fully understand our practices.

2. ELECTRONIC COMMUNICATIONS

A. Legal Satisfaction

When you visit SafeSpear.com or send e-mails to us, you are communicating with us electronically.

B. Consent

By communicating with us, you consent to receive communications from us electronically. We will communicate with you by e-mail, by posting notices to your personal account, or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

3. COPYRIGHT

A. Copyright Protection

All content included on SafeSpear.com, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of SafeSpear, LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this website is the exclusive property of SafeSpear, LLC and protected by U.S. and international copyright laws. All software used on SafeSpear.com is the property of SafeSpear, LLC or its software suppliers and protected by United States and international copyright laws.

4. TRADEMARKS

A. Protected Marks

SafeSpear and other marks indicated on our website are registered trademarks of SafeSpear, LLC in the United States and other countries.

B. Protected Graphics

All SafeSpear graphics, logos, page headers, button icons, scripts, and other SafeSpear service and product names are trademarks and/or trade dress of SafeSpear, LLC. SafeSpear’s trademarks and trade dress may not be used in connection with any product or service that is not SafeSpear’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SafeSpear, LLC. All other trademarks not owned by SafeSpear, LLC that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SafeSpear, LLC.

5. LICENSE AND WEBSITE ACCESS

A. General

SafeSpear grants you a limited license to access and make personal use of this website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of SafeSpear, LLC.

B. No License for Commercial Sale

This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

C. No Reproduction

This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SafeSpear, LLC.

D. No Framing

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SafeSpear, LLC and our affiliates without express written consent.

E. "Metatags"

You may not use any meta tags or any other "hidden text" utilizing SafeSpear's name or trademarks without the express written consent of SafeSpear, LLC. Any unauthorized use terminates the permission or limited license granted by SafeSpear, LLC.

F. Linking

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of SafeSpear.com so long as the link does not portray SafeSpear.com, SafeSpear, LLC, its affiliates, or products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any SafeSpear logo or other proprietary graphic or trademark as part of the link without the express written permission of SafeSpear, LLC.

7. YOUR ACCOUNT

A. Protection of Your Account

As discussed further in the website privacy policy, by using this website, you agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

B. Use by Children

As discussed further in the website Privacy Policy, SafeSpear, LLC DOES NOT SELL PRODUCTS FOR CHILDREN, it only sells product to adults, who can purchase with a credit card. SafeSpear, LLC and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

8. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

A. Nature of Content

Visitors to SafeSpear.com and its Blog may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, OR ANY FORM OF "SPAM".

B. False Information

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. SafeSpear, LLC reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

C. Rights Granted

If you do post content or submit material, and unless we indicate otherwise, you grant SafeSpear, LLC and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant SafeSpear, LLC and its partners and affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.

D. Rights Owned

You represent and warrant that you own or otherwise control all of the rights to the content that you submit and/or post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify SafeSpear, LLC or its partners and affiliates for all claims resulting from content you supply. SafeSpear has the right but not the obligation to monitor and edit or remove any activity or content. SafeSpear, LLC takes no responsibility and assumes no liability for any content posted by you or any third party.

9. COPYRIGHT COMPLAINTS

A. General

SafeSpear, LLC respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact SafeSpear, LLC at legal@SafeSpear.com to make a claim of Copyright Infringement.

10. RISK OF LOSS

A. General

All items purchased from SafeSpear are made pursuant to a shipment contract. THIS MEANS THAT THE RISK OF LOSS AND TITLE FOR SUCH ITEMS PASS TO YOU UPON OUR DELIVERY TO THE END CARRIER.

11. DAMAGE

 

It is important that each item be carefully and thoroughly inspected by you or your authorized agent immediately upon delivery. If, at the time of delivery you notice any damage, defect or deficiency, please notify the delivery personnel and call your Account Manager immediately. You should note any damage, defect, or deficiency on the Bill of Lading at the time of delivery. If the problem can be corrected by the delivery personnel, it will be taken care of immediately. If not, upon approval of your Account Manager, the item(s) will be returned to SafeSpear, LLC or a Partner or Affiliated Manufacturer. Our Quality Control Department will evaluate the item(s). At our discretion the item(s) will be deluxed (restored), factory repaired, or factory replaced and then re-delivered to you. You will not be charged for this re-delivery unless the merchandise was of normal production quality. Because re-delivery is expensive, please return only the individual item that is unacceptable and not any companion pieces. To give your returned item the care and attention it requires, please allow our Quality Control Department adequate time to evaluate the problem, coordinate inspection, and undertake actual deluxing or repairs. Your Account Manager is available to keep you apprised of the status of your order and estimated time of return. You agree to follow SafeSpear, LLC’s claim procedures.

12. PRODUCT DESCRIPTIONS

A. General

SafeSpear, LLC and its affiliates attempt to be as accurate as possible. However, SafeSpear, LLC makes no warranties that the product descriptions and any other content of this website is accurate, complete, reliable, current, or error-free. If a product offered by SafeSpear itself is not as described, your sole remedy is to return it in unused condition.

13. QUANTITY LIMITS AND DEALER SALES

 

SafeSpear, LLC reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. SAFESPEAR, LLC ALSO RESERVES THE RIGHT, AT OUR SOLE DISCRETION, TO PROHIBIT SALES TO DEALERS OR RESELLERS. For purposes of these Terms of Use, reselling shall be defined as purchasing or intending to purchase any product(s) from SafeSpear, LLC and/or its website for the purpose of engaging in a commercial sale of that same product(s) with a third party.

14. OTHER BUSINESSES

A. General

Parties other than SafeSpear, LLC and its partners and affiliates may provide services or sell product lines on this website.

B. Examples

For example, GAT-KU is our polespear and accessory manufacturer, and other businesses and individuals may offer products in closeouts and auctions. In addition, we provide links to the websites of partner and affiliated companies and certain other businesses.

C. No Warranties

We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Websites. SafeSpear, LLC does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

15. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

 

THIS WEBSITE IS PROVIDED BY SAFESPEAR, LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS. SAFESPEAR, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SAFESPEAR, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SAFESPEAR, LLC DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM SAFESPEAR, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SAFESPEAR, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

16. MERCHANDISE CONTENT DISCLAIMER

 

PRODUCT INFORMATION ACCESSED THROUGH THIS WEBSITE IS OBTAINED FROM CLAIMS MADE BY THE PRODUCT’S MANUFACTURER. PLEASE NOTE THAT, ON OCCASION MANUFACTURERS MAY ALTER THEIR LABELS SO ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN DIFFERENT INFORMATION THAN THAT SHOWN ON OUR WEBSITE, THUS WE CANNOT GUARANTEE OR ENSURE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY PRODUCT INFORMATION. WE RECOMMEND THAT YOU DO NOT SOLELY RELY ON THE INFORMATION PRESENTED AND THAT YOU ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS BEFORE USING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A THIRD PARTY PRODUCT, PLEASE CONTACT THE MANUFACTURER. SAFESPEAR, LLC ASSUMES NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS. CUSTOMER REVIEWS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. CUSTOMER REVIEWS REFLECT THE INDIVIDUAL REVIEWER’S RESULTS AND EXPERIENCES ONLY AND ARE NOT VERIFIED OR ENDORSED BY SAFESPEAR, LLC.

17. APPLICABLE LAW

A. Governing Law

By visiting, browsing, and/or shopping at SafeSpear.com, you agree that the laws of the state of South Carolina, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and SafeSpear, LLC or its partners and affiliates.

18. DISPUTES

A. Arbitration and Venue

Any dispute relating in any way to your visit to SafeSpear.com or to products you purchase through SafeSpear.com shall be submitted to confidential arbitration in accordance with the requirements of the South Carolina Uniform Arbitration Act as then in effect (“SCUAA”). All arbitration proceedings shall be conducted in Charleston, South Carolina, except that, to the extent you have in any manner violated or threatened to violate SafeSpear, LLC’s intellectual property rights, SafeSpear, LLC may seek injunctive or other appropriate relief in any state or federal court in the state of South Carolina, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association.

B. Finality of Arbitration

The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

19. WEBSITE POLICIES, MODIFICATION, AND SEVERABILITY

A. Other Policies

Please review our other policies, such as our privacy policy, warranty policy, and return policy posted on our website. These policies also govern your visit to SafeSpear.com. We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

20. MISCELLANEOUS

 

SafeSpear, LLC is obligated to collect Sales & Use Tax on goods shipped to several designated states outside of South Carolina. If you change the delivery destination, the freight charges and tax rate are subject to change. In all other states, customers are responsible for paying their own Sales Use Tax, if applicable. This agreement will be governed and construed in accordance with South Carolina law. Exclusive jurisdiction is granted to Charleston County, South Carolina courts. Reasonable attorney fees and collection costs will be assessed to and paid by the customer where: a) there is any past due unpaid balance; or b) where a claim or action is brought in any other jurisdiction. This document contains everything agreed upon. Any deviation from these terms must be written and signed by both parties.

21. CONTACT INFORMATION

 

SafeSpear, LLC welcomes your comments regarding this Conditions of Use Agreement. Please contact SafeSpear at legal@SafeSpear.com. We will use commercially reasonable efforts to promptly respond to your comments. The same request may be made by regular mail by sending your comments to SafeSpear, LLC 1033 Bells Hwy, Suite 138, Walterboro, SC 29488, Attention: Legal Department.

Last Updated: 4/06/2010

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