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Our
Web Site Terms of Use & Disclaimer
Please
read the following Terms of Use and Disclaimer (the "Terms")
carefully before using our website, located at Ellington & Rush
Hunting Products (the "Site"). By using this Site, you
agree to these Terms. If you do not agree to these Terms, do not
use the Site. We reserve the right, at any time, to modify, alter,
or update these Terms, and you agree to be bound by such modifications,
alterations, or updates.
Copyright;
Proprietary Materials
All creative and technical design, text, graphics, interfaces, interactive
elements and the selection and arrangement thereof on the Site are
copyright 2002
Ellington & Rush Hunting Products. ALL RIGHTS RESERVED. Permission
is granted to electronically copy and to print hard copies of portions
of the Site for the sole purpose of placing an order on the Site
or using the Site as a shopping resource.
The
materials used and displayed on the Site, including but not limited
to all text, software, photographs, graphics, illustrations, artwork,
video, music, sound, names, logos and trademarks are, unless otherwise
indicated, the property of Ellington & Rush Hunting Products
("ER"), located at 496 Mocassin Gap Road, Lula, Georgia
30554, USA or its affiliates or licensors and are protected by copyright,
trademark, and other laws.
Any
use of the Site and/or the Proprietary Materials, except as expressly
set forth herein, including reproduction for purposes other than
those noted above, modification, distribution, dissemination, retransmission,
broadcasting or republication, without prior written permission
of ER is strictly prohibited.
DISCLAIMER
OF WARRANTIES
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE INFORMATION,
SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THE SITE, INCLUDING,
WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN
"AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM
EXTENT PERMITTED BY LAW, ER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES,
EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES,
PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT,
FREEDOM FROM COMPUTER VIRUS, IMPLIED WARRANTIES ARISING FROM COURSE
OF DEALING OR COURSE OF PERFORMANCE OR ANY OTHER WARRANTIES UNDER
ARTICLE 2 OF THE UNIFORM COMMERCIAL CODE. IN ADDITION, ER DOES NOT
REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE
IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION
IS SUBJECT TO CHANGE WITHOUT NOTICE.
LIMITATION
ON LIABILITY
IN NO EVENT SHALL ER NOR ANY OF ITS AFFILIATES, AGENTS, REPRESENTATIVES,
OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ACTS OF NEGLIGENCE THAT
ARE NOT INTENTIONAL OR RECKLESS IN NATURE, REGARDLESS OF WHETHER
ER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY,
ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE,
OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS
AVAILABLE FROM THE SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Total liability hereunder
for damages, regardless of the nature of any claim or form of any
action, shall not exceed the total amount that has been paid to
ER ; by such claimant.
Acceptance
of an Order
The receipt of an e-mail order confirmation does not constitute
the acceptance of an order or a confirmation of an offer to sell.
ER ; reserves the right, without prior notification, to limit the
order quantity on any item and/or refuse service to any customer.
Verification of information may be required prior to acceptance
of an order.
Delivery
ER strives to ensure that the products you order will arrive in
good working condition. If the products you order do not meet these
standards, then ER will refund or replace your order; provided,
that you comply with the return procedures set forth in this paragraph
6. To receive a refund or replacement, you must (a) call an ER customer
service representative at 706-677-2394 immediately upon receipt
of any ER product and (b) return, at your expense, such products
within twenty-four (24) hours of delivery in accordance with the
customer service representative's instructions.
Linked
web sites
ER and its affiliates do not review or monitor any web sites linked
to the Site and are not responsible for the content of any such
linked web sites Your use of such web sites is at your own risk.
Governing
Law
The Terms and any disputes arising out of or related to use of the
Site including, without limitation, the information, services, products
and materials contained therein, shall be governed by, and construed
and enforced in accordance with, the laws of the State of Georgia,
giving no effect to its conflicts of law principles
Venue
You hereby submit to the exclusive jurisdiction of the federal and
state courts of Georgia with respect to any dispute or controversy
regarding these Terms or arising out of or related to use of the
Site and you hereby submit to the personal jurisdiction in any such
action.
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