Welcome to barnsleyflyco.com (“Website”). This Website is owned by Barnsley Fly Company . When you visit this Website, you are agreeing that both your access to the Website and your use are governed by these TERMS & CONDITIONS.
These Terms May Change
Barnsley Fly Co reserves the right to update or modify these TERMS & CONDITIONS at any time without prior notice. Your use of the Website following any such change constitutes your agreement to follow and be bound by the TERMS & CONDITIONS as changed. For this reason, we encourage you to review these TERMS & CONDITIONS whenever you use the Website.
Site Contents
All of the content you see on the Website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Barnsley Fly Co, one of its affiliates or by third parties who have licensed their materials to Barnsley Fly Co. The entire content of the Website is copyrighted as a collective work under U.S. copyright laws, and Barnsley Fly Co owns a copyright in the selection, coordination, arrangement, and enhancement of the content. The content of the Website, and the site as a whole, are intended solely for personal, noncommercial use by the users of the site. You may download, print and store selected portions of the content, provided you (1) only use these copies of the content for your own personal, non-commercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Barnsley Fly Co reserves complete title and full intellectual property rights in any content you download from the Website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer, or create derivative works from the content without first obtaining written permission from Barnsley Fly Co.
Privacy and Your Information
Your information is subject to Barnsley Fly Cos Privacy Policy. For more information, see our full PRIVACY POLICY found on the Website. You agree to the use of your information in accordance with our Privacy Policy.
Inaccuracy Disclaimer
From time to time there may be information on the Website, in an email to you or in direct mail sent to you that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Barnsley Fly Co reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
Links
The Website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Barnsley Fly Co has no control over such sites and resources, Barnsley Fly Co is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Barnsley Fly Co shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Product Information
The prices displayed on the Website are quoted in U.S. Dollars and are valid and effective only in the U.S.
We have done our best to display as accurately as possible the colors of the products shown on the Website. However, because the colors you see will depend, in large part, on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
Disclaimer of Warranty
THIS WEBSITE IS PROVIDED BY BARNSLEY FLY CO ON AN "AS IS" AND "AS AVAILABLE" BASIS. BARNSLEY FLY CO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BARNSLEY FLY CO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BARNSLEY FLY CO DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM BARNSLEY FLY CO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER BARNSLEY FLY CO, ITS CORPORATE PARENT(S), OR AFFILATES, NOR ANY OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES.
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.
Indemnification
You agree to defend, indemnify, and hold Barnsley Fly Co and its corporate parent(s) and affiliates, and its and their respective directors, employees, agents, successors, and assigns harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website.
User Conduct
You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others, or otherwise cause damage to the Website or its content. You agree not to use the Website in any manner that might interfere with the rights of third parties.
Termination of Usage
Barnsley Fly Co may terminate your access, or suspend your access to all or part of the Website, without notice, for any conduct that Barnsley Fly Co, in its sole discretion, believes is a violation of these Terms of Use, is in violation of any applicable law, or is harmful to the interests of another user, customer, recipient, licensor, content or service provider, Barnsley Fly Co, or its corporate parent(s) or affiliates.
Termination of Order
Barnsley Fly Co reserves the right, in its sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase; ability to fill order based on quantity of order and time allowance; inaccuracies or errors in product or pricing information; or problems identified by our credit and fraud avoidance group. We may also require additional verification or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
Applicable Law
These Terms of Use shall be governed in all respects by the laws of the State of California, excluding its rules governing conflict of laws. You agree that any claim or dispute you may have against Barnsley Fly Co must be resolved by a court located in Alameda County, California. You agree to submit to the personal jurisdiction of the courts located within Alameda County, California for the purpose of litigating all claims or disputes.
Waiver
The failure of Barnsley Fly Co to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
Severed Provisions
If any provision of these Terms of Use is unenforceable, that provision shall be deemed severed from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions.
