Effective Date of Current Policy: August 1st, 2015
Thank you for coming to www.wtsherman.com (the “Site”). We will also just refer to both the Site and the services available through the Site as the “Services” to try to keep things short—shorter at least.
Things happen quickly, both inside and outside of W.T. Sherman & Co., so we will sometimes review these Terms to make sure they accurately reflect developments in current law and our business operations. We reserve the right to update and revise these Terms at any time. We’ll make sure to also change the “Effective Date” at the top of this page so you can tell if these Terms have changed since your last visit. Please review these Terms regularly because once we post any changes, your continued use of the Services constitutes your acceptance of the revised Terms.
We only permit individuals who are at least 18 years old and can form legally binding contracts with us to use the Services. However, even non-adults deserve fantastic eyewear, so if you are under 18 years old and would like to use the Services, you can, but only if a parent or legal guardian who is at least 18 years old supervises you. In all cases, the adult would be the user and is responsible for any and all activity. Please note that if you are under 18, you CANNOT purchase shotgun ammunition. This is federal law. Also, check your local laws, they come in handy as we deal with federal laws and the state we operate in. If you’re in Texas, you’ve got nothing to really to worry about; if you live in New York, this maybe different.
Also, you can only use or receive the Services to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules and regulations that apply to you.
Your use of the Services means you represent and warrant that you meet all eligibility requirements we outline in these Terms. We may still refuse to let certain people access or use the Services. We may also change our eligibility criteria.
We offer the Services only for personal, noncommercial use, and not for the use or benefit of any third party (unless you are a parent or legal guardian using the Services for your minor child).
We don’t believe in putting unnecessary roadblocks in your way throughout our Services and you can even receive your product automatically if you opt-in to our auto replenishment program at W.T. Sherman. You can maneuver most of the Services without creating a user account (“Account”). Other features, however, may require you to create an Account. If you create an Account, you are solely responsible for any activity that occurs through your Account. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your Account at all times. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible.
You can share most goods, but you should not, however, share your Account information. You may never use another person’s Account or registration information for the Services without permission. Similarly, no one else should be able to use your Account without permission. You are solely responsible for keeping your Account and Account password secure and for any consequence resulting from your failure to do so. You should never publish, distribute, or post login information for your Account.
You can always delete your auto replenishment account by emailing us at email@example.com
Getting your exclusive products:
1. Delivery Information: We’ll need your name, address, and telephone number to send you your W.T. Sherman & Co. purchase.
2. Payment: After you have made your product selections and provided your shipping information, you will see a prompt for your payment details, such as your credit card information and any promotional codes or gift card information you may have. By entering your payment information and submitting your order, you authorize us to charge the amount of the order to your selected payment option.
3. Checking Order Status: We know how exciting it can be to get a delivery, so once your products are on their way to you, we’ll send you an email confirmation with tracking information. You can email us at firstname.lastname@example.org to check the status of your order, or you just want to chat about how excited you are about your new products. We do not have social media; email is much better, accomplishes the same thing and is not public. We believe in privacy and facebook is evil.
4. Changing or Cancelling an Order: We understand that we sell exclusive products, so time to time we might run out. If that is the case an order will not be charged unless we have the item in stock. Any issues please contact us at email@example.com with any requests. Ammunition is non-returnable and cannot be cancelled. For all other products, if we are unable to make the requested change or cancellation, usually because we have already shipped the order, we will provide you with a prepaid return-shipping label for items other than ammunition.
5. Risk of Loss: The risk of loss and title for all products you order passes to you upon our delivery to the carrier (such as FedEx, UPS, or USPS).
6. Returns and Exchanges; No returns or exchanges on ammunition sales. It’s much more fun to use the products than to return them. Use for a date with a lady (or guy if you’re a female buying ammunition); this will be by far the best date you go on.
7. Personal Use Only: All orders must be for personal use only and cannot be purchased for resale or other commercial use. If we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place.
8. Language: Presently, our order process only supports the English language. You can email us in other languages, we won’t understand it, but you can do it anyway. If you’re Swedish, we know you speak English. Also, why are there so many 7-Elevens in Stockholm but do not offer Slurpees?!
Tip: If you use the Services, you get amazing products. You do not get any of our intellectual property.
Imitation may be the sincerest form of flattery, but that doesn’t mean you can take any of our intellectual property. All of the content that appears on the Services, including without limitation all designs, illustrations, icons, photographs, video clips and written materials, as well as the compilation of the website, Services, and other materials, are the exclusive property of W.T. Sherman & Co. or our licensors and is protected by United States and international copyright laws. All trademarks, service marks, and trade names that appear on the Services and the overall “look and feel” of the Site and Services (collectively the “Marks”) are proprietary to W.T. Sherman & Co., or the respective owners of such Marks. You may not display, reproduce, or otherwise use the content or materials on the Services, including the Marks, without first receiving written consent from us. You may not remove or otherwise modify any legal or trademark notices from any content we make available through the Services. Scraping the Services or using other automated or manual means to take our content without our prior consent is expressly prohibited. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
If you would like to request authorization to use the materials or content on the Services, please contact us at firstname.lastname@example.org
After all of the restrictions above, we don’t want it to sound like you can’t even use the Services, so we’ll give you permission right here: we give you a limited, non-exclusive, non-sublicensable and non-transferable license to use (i.e., display locally) the Services solely for personal, non-commercial, use. This license will allow you to use and enjoy the benefit of the Services as we provide them, in the manner we permit through these Terms. We don’t think you would need to do much else, so this license only gives you the rights we expressly stated in this section.
Just so we’re clear, however, this license does not allow you to do any of the following:
· Resell or make any commercial use of the Services or any of the Service content;
· Modify, adapt, translate, reverse engineer, decompile, disassemble, or convert into human readable form any of the Service content not intended to be so read, including using or directly viewing the underlying HTML or other code from the Services except as interpreted and displayed in a web browser;
· Copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post, store, or transmit any of the Service content, including without limitation any Marks, in any form or by any means, including—but not limited to—electronic, mechanical, photocopying, recording or otherwise;
· Use any manual or automated software devices or other processes (including data mining, bots, spiders, automated tools or similar data gathering and extraction methods) to “crawl” or “spider” any page of the Services or to collect any information from the Services or any user of the Services; or
· Harvest or scrape any content from the Services.
Please don’t do anything that would harm the Services we offer. You may not do any of the following while accessing or using the Services:
· Take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure;
· Interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
· Bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services, including without limitation other accounts, computer systems or networks connected to the Services;
· Run any form of auto-responder or “spam” on the Services; or
· License You Grant to W.T. Sherman & Co.
We want to hear from you. Occasionally, you may see areas on the Services where you can post information or communicate with us or other users. We hope you will use these tools to meet the rest of our community and give us your feedback.
These areas may be in the form of social media posts, bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities.
Most importantly, we want you to know that you will keep all ownership or license rights in your User Content (as defined below), including the right to grant additional licenses to your User Content. There are no restrictions on your ownership and license rights in your User Content unless you otherwise agree in writing. However, when you provide your User Content to us, we need to be able to do certain things with it as described below.
We do not own any of your content, although by providing content to us, you may grant us a license to use it, as we’ll discuss here.
When you submit, distribute, transmit, or post any communications or any other material to W.T. Sherman & Co. you give us a right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in any and all media formats or distribution channels. You agree that this license includes the right for W.T. Sherman & Co. to use your User Content to provide, promote, and improve the Services. You agree that this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, royalty-free, and will survive termination of your Account. Please note that we may use User Content without compensation of any kind to you, including if we use User Content for advertising or promotional purposes. Be assured you have our thanks.
You also agree that if your User Content contains any ideas, concepts, know-how, or techniques, we can use the User Content and anything it contains for any purpose including, but not limited to, developing, manufacturing, and marketing products.
In addition to giving W.T. Sherman & Co. a license, you also give each user of the Services an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free right and license to access your User Content through the Services and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt, and promote such submissions, including after any termination of your Account.
The bottom line is that if you share something with us, you keep ownership of it and can continue to do anything you want with it, but you allow us and our other users to use your User Content as we see fit. If you don’t agree to these conditions, then please don’t provide the materials to us.
Representations About Content You Submit
We need you to promise us certain things about your submissions so that you don’t get us into trouble. (We really appreciate it.) When you submit User Content, you represent and warrant (archaic lawyer words for “pinky promise”) that
· You hold all necessary right, title, and license to such materials (in other words, you own it or have the right to give it to us);
· That your submission of such materials to W.T. Sherman & Co. does not and will not violate or infringe the rights of any third-parties, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights (you didn’t take it from someone else without permission); and
· All User Content you provide is accurate, complete, up-to-date, and not misleading (you’re not lying).
In addition, any User Content must not
· Include any profanity or obscene, indecent, or pornographic material;
· Contain any unauthorized or unsolicited advertising, such as spam (no one likes spam);
· Contain software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party;
· Impersonate any person or entity (we like you just the way you are!); or
· Include anyone’s identification documents or sensitive financial information.
Digital Millennium Copyright Act
Just as we ask you to respect our intellectual property rights, we respect your rights and the rights of others, and we expect all our users to do the same. If we believe a user may be infringing upon someone’s intellectual property rights, we may remove the material. If we believe someone is repeatedly infringing, we will terminate that person’s access rights.
If you believe someone has posted on the Services a work that you own without your authorization, let us know.
Private vs. Non-private Content
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL W.T. SHERMAN OR ANYONE REPRESENTING W.T SHERMAN & CO. BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SERVICES OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR W.T SHERMAN’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $500.00.
THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT W.T. SHERMAN & CO. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We reserve the right to terminate your license to use the Services or block or prevent your access to the Services, without providing you with notice or reason. In the event of termination, your obligations under these Terms will still continue.
The laws of the State of Illinois will govern these Terms and the relationship between you and W.T. Sherman & Co. as if you signed these Terms in Illinois without regard to Illinois’s conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in Lake County, Illinois for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms.
Any part of these Terms are invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.
These Terms constitute the entire agreement between you and W.T. Sherman & Co. and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved.
We take our commitment to customers seriously, and we’ll do what we can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including—without limitation—mechanical, electronic or communications failure or degradation.
You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.
If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
The section and paragraph headings in these Terms are for convenience only and do not affect their interpretation.
Enjoy your new products and we can’t wait to see you again!