BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD, ARE A RESIDENT OF THE UNITED STATES, AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. Any individual using the Website or Services on behalf of a company further represents and warrants that they are authorized to act and enter into contracts on behalf of that company. This Agreement is void where prohibited.
Subject to Your compliance with the terms and conditions of this Agreement, to include among other provisions paragraph 15 of this Agreement, shofftackle.com grants You a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access and make personal use of the Website in connection with Your use of the Services, and not to save, copy or download (other than page caching) or modify the Website, or any portion of it, except with the express written consent of shofftackle.com. This license does not include any resale or commercial use of the Website or its content; any collection and use of any product listings, descriptions or prices; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Website, or any portion of the Website, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of shofftackle.com. All rights not expressly granted hereunder are reserved by shofftackle.com. This Agreement grants You no rights in or to the intellectual property of shofftackle.com or any other party. Shofftackle.com retains ownership of the Website and Services and all right, title, and interest therein, including without limitation all intellectual property rights therein, and You acknowledge and agree that Your are acquiring only a limited right to use the Website and Services as licensed hereunder. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement. In the event that You breach any provision of this Agreement, Your rights under this section will immediately terminate.
6. USER INFORMATION/PASSWORD PROTECTION
In connection with Your use of certain Services, You may be required to complete a registration form. You represent and warrant that all information You provide on any registration form or otherwise in connection with Your use of the Website and Services will be complete and accurate, and that You will update that information as necessary to maintain its completeness and accuracy. You may also be asked to provide, or may be given, a user name and password in connection with certain of the Services. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, user name, or password of someone else at any time. You agree to notify shofftackle.com immediately of any unauthorized use of Your account, user name, or password. shofftackle.com shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by shofftackle.com, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of Your account or password. You must also promptly notify shofftackle.com if any credit card that You have provided to us is lost, stolen or used without permission.
7. THIRD-PARTY WEBSITES
The Website is linked with the websites of a number of third parties (“Third-Party Websites”), some of whom have established relationships with shofftackle.com and some of whom do not. shofftackle.com does not have control over the content and performance of Third-Party Websites. shofftackle
.com HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, 4inkjets DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION, MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES.shofftackle.com DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES.
8. PRODUCT DESCRIPTIONS
shofftackle.com attempts to be as accurate as possible in its product, pricing, and rebate information; however, shofftackle.com cannot guarantee that product descriptions and/or specifications, pricing or any other content on the Website are accurate, complete, reliable, current or error-free. In the event that information is incorrect due to typographical, informational, technical or other errors, shofftackle.com will not be liable for any loss or discrepancy with accurate data. If a product offered on the Website is not as described, or does not meet your expectations, Your sole remedy is to return the product in accordance with shofftackle.com’ Return Policy.
9 SALES TAX
We only charge sales tax on all orders inside Washington.
10. RETURN POLICY
All sales made through the Website are subject to shofftackle.com’ return policies. For a complete explanation of the return policies, please review the Return Policy page on the Website.
11. CONSENT TO RECEIVE EMAIL
By establishing an account with shofftackle.com, You consent to receive periodic email communications from shofftackle.com concerning shofftackle.com’ products and services, including without limitation, order confirmations, updated product information, special deals, and inquiries regarding the quality of our service.
12. PROHIBITED USES
shofftackle.com imposes certain restrictions on Your use of the Website and the Services. You represent and warrant that you will not: (a) violate or attempt to violate any security features of the Website or Services; (b) copy or otherwise duplicate, directly or indirectly, any portion of the Website, including without limitation, all designs, information, photographs, images, drawings, videos, music, text, typefaces, graphics, products, code, and other files, and the selection, arrangement and organization thereof (collectively, “shofftackle.com”); (c) use any software that enables copying or duplication of shofftackle.com Content for later off-line viewing; (d) distribute, display, modify, transmit, resell, reuse, or repost shofftackle.com Content in any electronic form, including any online service, the Internet or any other telecommunications medium which now exists or shall exist in the future, for any purpose, without the prior written permission of shofftackle.com; (e) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (f) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization; (g) interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (h) use the Website or Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; (i) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or (j) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by shofftackle.com Parties in providing the Website or Services. Any violation of this section may subject You to civil and/or criminal liability.
13. INTELLECTUAL PROPERTY
Other trademarks, service marks, graphics, logos and domain names appearing on the Website may be the trademarks of third parties. Neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to, or any license to reproduce or otherwise use, shofftackle.com or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in shofftackle.com generated as a result of Your use of the Website and Services will inure to the benefit of shofftackle.com, and You agree to assign, and hereby do assign, all such goodwill to shofftackle.com Products. You shall not at any time, nor shall You assist others to, challenge shofftackle.com’ right, title, or interest in or to, or the validity of, shofftackle.com Products Marks. (b) Copyrighted Materials; Copyright Notice shofftackle.com Content and other materials available through the Website and Services are either owned by shofftackle.com or are the property of shofftackle.com’ licensors and suppliers. Except as explicitly provided, neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to any such materials.
14. DISCLAIMERS; LIMITATION OF LIABILITY
NO WARRANTIES. shofftackle.com, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, shofftackle.com, ON BEHALF OF ITSELF AND LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NEITHER shofftackle
.com NOR LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER shofftackle.com NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR SERVICES. (b) YOUR RESPONSIBILITY FOR DAMAGE YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD shofftackle.com OR ITS LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. (c) LIMITATION OF LIABILITY THE LIABILITY OF shofftackle.com AND ITS LICENSORS AND SUPPLIERS IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL shofftackle.com OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO shofftackle.com OR ITS LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF shofftackle.comAND LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE AGGREGATE PRICE YOU PAID TO shofftackle.com DURING THE YEAR PRECEDING THE INCIDENT OR INCIDENTS GIVING RISE TO SUCH LIABILITY. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN shofftackle.com AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. (d) APPLICATION THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND shofftackle.com OR BETWEEN YOU AND ANY OF shofftackle.com’ LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. shofftackle.com’ LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
15. GENERAL REPRESENTATION AND WARRANTY
You represent and warrant that Your use of the Website and Services will be in accordance with this Agreement and any other shofftackle.com policies, and with any applicable laws or regulations.
16. INDEMNITY BY YOU
You agree to defend, indemnify and hold harmless shofftackle.com and its officers, directors, employees, agents, affiliates, representatives, sublicensees, successors, assigns, and contractors (collectively, the “shofftackle.com Parties”) from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, “Claims”), including but not limited to legal costs and fees, arising out of or relating to: (i) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (ii) Your access to or use of the Website or Services; or (iii) Your provision to shofftackle.com or any of shofftackle.com Parties of information or other data. shofftackle.com Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify or hold harmless shofftackle.com Parties. You may not settle any Claim without the prior written consent of the concerned shofftackle.com Parties.
17. LIQUIDATED DAMAGES
You acknowledge and agree that it would be difficult to ascertain the exact amount of damages that shofftackle
.com would suffer as the result of the theft of Website text, graphics or images, especially if such stolen text, graphics or images are exploited for commercial use, whether in connection with the sale of printing supplies or otherwise, on a website or any other digital medium. Therefore, You agree that, in the event You steal, copy without authorization or otherwise misappropriate Website text, graphics or images, shofftackle
.com will be entitled to recover from You liquidated damages in the amount of five thousand ($5,000.00) dollars per text selection, graphic or image that is stolen, copied without authorization or otherwise misappropriated. You agree that this amount represents a reasonable estimate of the damage that shofftackle.com would suffer. ANY ACTION BY shofftackle.com TO ENFORCE THIS SECTION SHALL NOT BE DEEMED A WAIVER OF shofftackle.com’ RIGHT TO PURSUE, AT shofftackle.com’ SOLE DISCRETION, ANY AND ALL OTHER REMEDIES AVAILABLE TO shofftackle.com UNDER THIS AGREEMENT OR BY LAW, INCLUDING BUT NOT LIMITED TO, THOSE REMEDIES IDENTIFIED IN SECTION 23(F).
18. GOVERNING LAW; JURISDICTION AND VENUE
(a) Website, Services & Agreement You agree that all matters relating to this Agreement, all matters relating to the violation of any copyrights, trademarks, patents, trade secrets and any and all other proprietary information, and Your access or use of the Website and Services, including without limitation all disputes and this Agreement’s interpretation, shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, THE VIOLATION OF INTELLECTUAL PROPERTY RIGHTS OR THIS AGREEMENT WILL BE THE STATE AND FEDERAL COURTS LOCATED IN OR NEAREST TO LOS ANGELES, CALIFORNIA. THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, shofftackle.com RESERVES THE RIGHT TO, IN shofftackle.com’ SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY USE OF THE WEBSITE AND/OR SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION. This Agreement shall automatically terminate in the event that You breach any of this Agreement’s representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by shofftackle.com. Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Website and Services. Subsequent to termination, shofftackle.com reserves the right to exercise whatever means its deems necessary to prevent Your unauthorized use of the Website and Services, including without limitation technological barriers such as IP mapping and direct contact with Your Internet Service Provider. If shofftackle.com, in shofftackle.com’ discretion, takes legal action against You in connection with any actual or suspected breach of this Agreement, shofftackle.com will be entitled to recover from You as part of such legal action, and You agree to pay, shofftackle.com’ reasonable costs and attorneys’ fees incurred as a result of such legal action. shofftackle.com Parties will have no legal obligation or other liability to You or to any third party arising out of or relating to any termination of this Agreement. Upon termination, all rights and obligations created by this Agreement will terminate, except that Sections 1-3, 5-7, 14-21 and 23 will survive any termination of this Agreement. For clarification, termination of this Agreement will not relieve You of Your obligation to pay any fees owed shofftackle.com.
(a) Entire Agreement; Amendment This Agreement constitutes the entire agreement between shofftackle.com and You concerning Your use of the Websites. This Agreement and any other written agreements executed between You and shofftackle.com constitute the entire agreement concerning Your use of the Services. This Agreement may only be modified by a written amendment signed by an authorized executive of shofftackle.com or by the unilateral amendment of this Agreement by shofftackle.com and by the posting by shofftackle.com of such amended version. (b) Severability; Waiver If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. (c) Assignment This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of shofftackle.com. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. (d) Relationship You and shofftackle.com are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement.