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The use of the Whitewaterflies.com website (this "Website") and the sale of products and services offered on this Website are governed by the terms and conditions set forth below and all other disclaimers, guidelines, policies and terms and conditions of sale appearing on this Website under Customer Service (collectively, the "Terms and Conditions"). Your use of this Website in any manner, whether browsing, activating an account with us or making a purchase, constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them. Whitewaterflies.com reserves the right to modify or change the Terms and Conditions at any time without prior notice to you. Therefore, we recommend that you please read them carefully each time you use this Website.
Usage Restrictions
You may access and view the Content (as defined below) appearing on this Website for personal, non-commercial use only. You may download and/or copy certain portions of the Content for personal, non-commercial use only, provided that you (a) retain all copyright, trademark or other proprietary notices contained on the Content, (b) do not modify or alter the Content in any way and (c) do not make the Content available to any third party. Whitewaterflies.com reserves complete title and full intellectual property rights in any Content that you download from this Website.
You agree to use this Website only for lawful purposes. The following activities are strictly prohibited: (i) misrepresenting the identity of a user; (ii) tampering with this Website; and (iii) conducting fraudulent activities.
Proprietary Rights
The Whitewaterflies.com logos and trademarks, as well as other marks, trade names, trademarks and logos on this Website, are the properties of their respective owners. You may not use, reproduce, copy or manipulate such logos in any manner without the prior written consent of the owner.
The entire contents of this Website, including text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information and software (collectively, "Content") are subject to copyright, trademark, or other proprietary rights or licenses held by Whitewaterflies.com or a Whitewaterflies.com affiliate or by third parties who have licensed their rights to Sears. All Content is copyrighted as a collective work under the U.S. and international copyright laws and Sears owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement and selection of such Content or this Website. Except as provided above, you may not make copy, modify or create derivative works of the Content. In addition, you may not distribute, publish, transmit, reuse, repost, "and frame" the Content in any manner or sell or attempt to sell the Content.
Placing an Order
At this time, Whitewaterflies.com ships merchandise only to locations within the continental United States and not to international locations. Nor does Whitewaterflies.com ship to Alaska, Hawaii, Puerto Rico, Guam or the US Virgin Islands. Whitewaterflies.com gift cards are shipped within the continental United States, as well as Alaska, Hawaii and Puerto Rico. The risk of loss and title for all merchandise ordered on this Website pass to you when the merchandise is delivered to the shipping carrier. To see Whitewaterflies.com shipping and delivery policies in more detail, please see Shipping & Delivery.
You may purchase merchandise from this Website by using any one of the payment options listed in Payment Options. Whitewaterflies.com reserves the right to change its payment procedures at any time without prior notice to you.
Whitewaterflies.com charges sales tax for merchandise ordered on this Website based on the applicable state sales tax rate and the location to which the order is being shipped.
Once your order is submitted to us, we cannot change or cancel an order until your merchandise is received by you. All returns of merchandise are subject to Whitewaterflies.comreturn policy, available under Returns/Cancellations.
DISCLAIMERS
ALL CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ADVICE THAT MAY BE GIVEN TO YOU OVER THIS WEBSITE, ARE PROVIDED "AS IS" AND ALL USE OF THIS WEBSITE IS AT YOUR OWN RISK. Whitewaterflies.com DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF Whitewaterflies.com, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS WEBSITE AND ANY CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY OF NON-INFRINGEMENT; AND (C) CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT SEARS DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
Whitewaterflies.com DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THIS WEBSITE, INCLUDING ANY ADVICE OR OTHER SIMILAR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS WEBSITE. SEARS DOES NOT MAKE ANY REPRESENTATION THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
Whitewaterflies.com reserves the right to refuse or cancel any orders placed for products and/or services for which the sale or use of such products and/or services in your state is restricted or prohibited.
To properly serve all customers, Whitewaterflies.com reserves the right to limit quantities. Only one (1) of this item may be placed into your shopping cart.
Sears further reserves the right to cancel multiple orders of this item purchased by the same Whitewaterflies.com user and/or shipped to the same delivery address.
Whitewaterflies.com may display advertising prints for products sold through this Website. Whitewaterflies.com attempts to display the colors of the products shown on this Website as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of color depends, in part, upon the type of computer monitor used by you.
Limitation of Liability
IN NO EVENT SHALL Whitewaterflies.com, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE, EVEN IF Whitewaterflies.com OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN Whitewaterflies.com TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Enforcement
By accessing and using this Website, you agree that your access and use of this Website is subject to the Terms and Conditions, and all applicable laws, as governed by the laws of the State of New Jersey, without giving effect to any principles or conflicts of laws.
Links to Third Party Websites
This Website may contain links to other sites that are neither owned nor operated by Sears (although some such sites may have an affiliation with Whitewaterflies.com) (collectively, "Third Party Sites"). Such links are provided for your convenience only. Whitewaterflies.com makes no representations whatsoever about any Third Party Sites which you may access through this Website, as Whitewaterflies.com has no control over the content appearing on such Third Party Sites. Moreover, a link to a Third Party Site does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content on, or the use of, such Third Party Site. No rights to use or copy the information on this Website or the Third Party Site is granted or implied. Please Note: The privacy policies applicable to Third party Sites may differ significantly from Whitewaterflies.com Customer Information Privacy Policy. You are encouraged to review the applicable privacy policies of such Third Party Sites. |
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