Terms

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. Access to and use of this website and products offered on this website are subject to the following Terms of Use and any other applicable law. USAFish may change these Terms of Use at any time. You agree to review these Terms of Use periodically to be aware of any changes and your continued use of the website shall be considered your agreement to any modified Terms of Use. If you do not agree to these Terms of Use, please do not use this website. By ordering a product on this website, or by receiving delivery of any products ordered from this website, you, the buyer, accept these terms and conditions.

1. © Copyright 2010 USAFish

All content included on this site is the property of USAFish or its content suppliers and is protected and copyrighted as a collective work under U.S. and international copyright laws; All rights reserved. You may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the content without first obtaining written permission from USAFish. Unless otherwise restricted, you may use the content of the website only for your own non-commercial use to place an order or to learn about USAFish products. Any other use is prohibited unless agreed to by USAFish in writing.

2. Trademark Notice

USAFISH, STAR-SPANGLED FISH, OLD GLORY FOR HIS GLORY, and the stylized Star-Spangled Fish logo are trademarks or registered trademarks of PCKB LLC d/b/a USAFish in the United States and/or other countries.

3. Return Policy

We hope that you are fully satisfied with your Star-Spangled Fish product. However, if you are not, you can return unopened items within 14 days of delivery for a full refund. Items must be returned in their original product packaging. If returned items are not in their original packaging, we unfortunately cannot take them back. You are responsible for shipping charges for mailing returned items back to us. To arrange a return, please contact us at www.usafish.com/contact/. We will notify you via e-mail of your refund once we’ve received and processed the returned item.

4. Exchanges

If you received a faulty item, or your item was damaged in shipping, and you need to exchange it for the same item, please contact at www.usafish.com/contact within 14 days of delivery to request a replacement.

5. Warranty Disclaimer

THIS WEBSITE AND THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, PCKB LLC d/b/a USAFISH, AND ITS SUBSIDIARIES AND AFFILIATES (“USAFISH BUSINESSES”) DISCLAIM ANY AND ALL REPRESENATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT CONCERNING ANY PRODUCTS OR MERCHANDISE OFFERED ON THIS WEBSITE. YOU, THE BUYER, ARE SOLELY RESPONSIBLE FOR DETERMINING THE SUITABILITY OF THE PRODUCTS FOR THE USES AND APPLICATIONS CONTEMPLATED. YOU, THE BUYER, ASSUME ALL RISKS AND LIABILITIES ARISING OUT OF THE POSSESSION OR USE OF THE PRODUCTS, WHETHER USED SINGLY OR IN COMBINATION WITH OTHER MATERIAL, INCLUDING, BUT NOT LIMITED TO, ANY RISK OR LIABILITY BASED ON ALLEGED NEGLIGENCE ON THE PART OF USAFISH. YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO USAFISH ARISING FROM ANY PRODUCT SOLD ON THIS WEBSITE SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL USAFISH, ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, DIRECTORS, OFFICERS, OR OTHER REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES ARISING OUT OF THE PURCHASE, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE PRODUCT SOLD, WHETHER BASED IN WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

USAFISH DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. USAFISH DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE.

SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THESE TERMS AND CONDITIONS ARE DETERMINED TO BE INVALID OR UNENFORCEABLE, THEN THE INVALID OR UNENFORCEABLE PROVISION WILL BE DEEMED SUPERCEDED BY A VALID, ENFORCEABLE PROVISION THAT MOST CLOSELY MATCHES THE INTENT OF THE ORIGINAL PROVISION AND THE REMAINING TERMS AND CONDITIONS SHALL CONTINUE IN EFFECT.

6. Limitation of Liability

USAFISH SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER USERS OF THIS WEBSITE, EVEN IF USAFISH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS WEBSITE AND THE INFORMATION, PRODUCTS, SERVICES, OR MATERIALS ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR ONLY REMEDY AGAINST USAFISH FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. THAT SAID, IF USAFISH IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, USAFISH’S LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

7. Enforceability

If any terms and conditions herein are held to be invalid or unenforceable, such holding shall not affect the validity or enforceability of any other term or condition herein.

8. Jurisdiction

These Terms of Use shall be governed by and construed under the laws of the State of Delaware, U.S, without regard to conflict of laws principles. Any legal action with respect to any transaction subject to this Agreement must be commenced within six months after the cause of action has arisen.

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