CONDITIONS OF USE
Welcome to WalnutCreekArchery.com and Walnut Creek Archery, Inc. which provide website features to you subject to the following conditions. The domains LimbsaverProducts.com and WalnutCreekArchery.com are owned and operated by Walnut Creek Archery, Inc. (WCA) and will be referred to as Walnut Creek Archery, Inc. (WCA) in the proceeding document where applicable. If you visit or shop at LimbsaverProducts.com or WalnutCreekArchery.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Walnut Creek Archery service or business (e.g., Your Profile, or Gift Cards,) you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.
DISCLOSURE OF LIMBSAVERPRODUCTS.COM
LimbsaverProducts.com is not owned or managed by Steve Sims Inc., Limbsaver®, or Sims Vibration Laboratories. This site was created to market Limbsaver® Products by Walnut Creek Archery, Inc in an exclusive manner for the Limbsaver® and SVL manufactured product line. We feel their products are outstanding and merit an all inclusive website for us to market their products. Again, the website LimbsaverProducts.com is not owned by the companies of Steve Sims Inc, Limbsaver®, or Sims Vibration Laboratories.
PRIVACY
Please review our Privacy Notice, which also governs your visit to LimbsaverProducts.com and WalnutCreekArchery.com, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit LimbsaverProducts.com and WalnutCreekArchery.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Walnut Creek Archery, Inc. (WCA) or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Walnut Creek Archery, Inc. (WCA) and protected by U.S. and international copyright laws. All software used on this site is the property of Walnut Creek Archery, Inc. (WCA) or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS
Walnut Creek Archery, Inc. (WCA) and other Walnut Creek Archery, Inc. (WCA) graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Walnut Creek Archery, Inc. (WCA) in the U.S. and/or other countries. Walnut Creek Archery, Inc. (WCA) trademarks and trade dress may not be used in connection with any product or service that is not Walnut Creek Archery, Inc. (WCA), in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Walnut Creek Archery, Inc. (WCA). All other trademarks not owned by Walnut Creek Archery, Inc. (WCA) that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Walnut Creek Archery, Inc. (WCA).
PATENTS
One or more patents owned by Walnut Creek Archery, Inc. (WCA) apply to this site and to the features and services accessible via the site. Portions of this site operate under license of one or more patents.
LICENSE AND SITE ACCESS
Walnut Creek Archery, Inc. (WCA) grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Walnut Creek Archery, Inc. (WCA) . This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site 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. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Walnut Creek Archery, Inc. (WCA) . 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 Walnut Creek Archery, Inc. (WCA) without express written consent. You may not use any meta tags or any other "hidden text" utilizing Walnut Creek Archery, Inc. (WCA) name or trademarks without the express written consent of Walnut Creek Archery, Inc. (WCA) . Any unauthorized use terminates the permission or license granted by Walnut Creek Archery, Inc. (WCA) . You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Walnut Creek Archery, Inc. (WalnutCreekArchery.com and LimbsaverProducts.com) so long as the link does not portray Walnut Creek Archery, Inc. (WCA), or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Walnut Creek Archery, Inc. (WCA) logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, 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. Walnut Creek Archery, Inc. (WCA) does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Walnut Creek Archery, Inc. (WCA) websites only with involvement of a parent or guardian. Walnut Creek Archery, Inc. (WCA) reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; 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." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Walnut Creek Archery, Inc. (WCA) reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Walnut Creek Archery, Inc. (WCA) 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 Walnut Creek Archery, Inc. (WCA) and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you 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 Walnut Creek Archery, Inc. (WCA) for all claims resulting from content you supply. Walnut Creek Archery, Inc. (WCA) has the right but not the obligation to monitor and edit or remove any activity or content. Walnut Creek Archery, Inc. (WCA) takes no responsibility and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
Walnut Creek Archery, Inc. (WCA) respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact use immediately and we handle accordingly.
RISK OF LOSS
All items purchased from Walnut Creek Archery, Inc. (WCA) 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 carrier.
PRODUCT DESCRIPTIONS
Walnut Creek Archery, Inc. (WCA) attempts to be as accurate as possible. However, Walnut Creek Archery, Inc. (WCA) does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Walnut Creek Archery, Inc. (WCA) itself is not as described, your sole remedy is to return it in unused condition.
PRICING
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.
With respect to items sold by Walnut Creek Archery, Inc. (WCA), we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by Walnut Creek Archery, Inc. (WCA). Your purchases from third-party sellers using Marketplace Payments by Walnut Creek Archery, Inc. (WCA) are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.
OTHER BUSINESSES
Parties other than Walnut Creek Archery, Inc. (WCA) do not operate stores, provide services, or sell product lines on this site. All products are sold by Walnut Creek Archery, Inc. (WCA) but may be drop shipped by other companies.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY WALNUT CREEK ARCHERY, INC. (WCA) ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WALNUT CREEK ARCHERY, INC. (WCA) MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WALNUT CREEK ARCHERY, INC. (WCA) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WALNUT CREEK ARCHERY, INC. (WCA) DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM WALNUT CREEK ARCHERY, INC. (WCA) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WALNUT CREEK ARCHERY, INC. (WCA) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
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.
APPLICABLE LAW
By visiting Walnut Creek Archery, Inc. (LimbsaverProducts.com and WalnutCreekArchery.com), you agree that the laws of the state of Indiana, 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 Walnut Creek Archery, Inc. (WCA).
DISPUTES
Any dispute relating in any way to your visit to LimbsaverProducts.com or WalnutCreekArchery.com or to products or services sold or distributed by Walnut Creek Archery, Inc. (WCA) or through these websites in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Grant County, Indiana, and you consent to exclusive jurisdiction and venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your visit to LimbsaverProducts.com and WalnutCreekArchery.com. We reserve the right to make changes to our site, 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.
OUR ADDRESSES
Walnut Creek Archery, Inc.
4326 S 1100 E
Upland, INDIANA 46989
WalnutCreekArchery.com
4246 Farmington Rd
Gas City, INDIANA 46933
http://www.walnutcreekarchery.com
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Walnut Creek Archery, Inc. the written information specified below. Please note that this procedure is exclusively for notifying Walnut Creek Archery, Inc that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
- Your address, telephone number, and e-mail 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 law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
