Web Site Terms and Conditions of Sales

IMPORTANT - READ CAREFULLY: The "Clickwrap Agreement" set forth or accessible below is a legal agreement between you (the Buyer) and Reel in the Outdoors, LLC ("Seller"). By clicking "I ACCEPT" below, you agree to the terms of the Clickwrap Agreement and agree to conduct business electronically with Seller. Furthermore, by clicking "I ACCEPT" below, you confirm and agree to the following:

 

- You certify to Seller, under penalty of perjury under the laws of the United States of America, that all information you have provided to Seller is true and correct.

- You agree to pay for the items purchased from Seller.

- You confirm to Seller that you are fully authorized to purchase items from Seller, either individually or as the agent or employee of another party.

- You agree that state and federal courts in Ohio, U.S.A. will have jurisdiction over you if there is a dispute between you and Seller.

 

Every item or product ("Product") sold by or through Seller to you ("Buyer") is sold subject to the following terms and conditions:

1. No Warranty. All Products are sold "AS IS AND WITH ALL FAULTS." Seller makes no warranties, express or implied, regarding any Product and Seller specifically disclaims the implied warranties of merchantability, fitness for a particular purpose, and freedom from infringement claims.

2. Limitation of Liability. SELLER WILL NOT BE LIABLE TO BUYER UNDER ANY CLAIM OR CIRCUMSTANCE (WHETHER THE CLAIM SOUNDS IN CONTRACT, TORT, OR OTHER LEGAL THEORY) FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER INDIRECT DAMAGES OF ANY KIND. IN NO EVENT WILL SELLER'S LIABILITY EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT. This Section will survive payment for the Products and termination or expiration of this contract.

3. Price and Order Acceptance. All packing charges, shipping charges and applicable taxes (including sales, use, excise and property taxes) are in addition to the purchase price. Prior to acceptance, the price quoted for a Product is subject to change.

4. Shipping. Seller will ship Products FOB (Buyer pays freight and insurance) Seller's location. Any shipping schedule provided by Seller to Buyer is Seller's then current estimate of delivery dates. Seller will use reasonable efforts to deliver the Product in accordance with that schedule, but does not warrant or guarantee any particular delivery dates. Seller will not be liable for any damages, including indirect, incidental or consequential damages, in connection with the delivery or non-delivery of any Product, including but not limited to damages incurred during shipment or caused by a delay in delivery. Buyer's acceptance of any Product constitutes a waiver of any claim for delay. Seller will have the right to select the carrier for delivery of a Product, and upon delivery of the Product to the carrier, title and risk of loss will pass to Buyer.

5. Force Majeure. Seller will not be liable for delay, failure in performance, loss or damage due to fire, strike, vandalism, embargo, explosion, power blackout, earthquake, flood, war, labor disputes, civil or military authority, acts of God or the public enemy, or other causes beyond its reasonable control, whether or not similar to the foregoing.

6. Severability of Terms. If any of these terms and conditions are held to contravene applicable law, such provision only will be deemed void, and in all other respects these terms and conditions will remain in full force and effect.

7. Entire Agreement. These Terms and Conditions of Sale, and the other terms and conditions on Seller's web site, constitute the entire agreement between Seller and Buyer relating to the Product. No modification or waiver of any term or condition of this contract will be effective unless in writing signed by authorized representatives of Buyer and Seller.

8. Governing Law, Forum Selection and Limitation Period. This contract, the construction of this contract, all rights and obligations between the parties to this contract, and any and all claims arising out of or relating to the subject matter of this contract (including all tort claims), will be governed by the laws of the Ohio U.S.A., without regard to its conflict of laws principles. The rights and obligations of the parties to this contract will not be governed by the provisions of the 1980 UN Convention on Contracts for the International Sale of Goods; rather these rights and obligations will be governed by the laws of Ohio. Any litigation or other legal proceeding of any kind based upon or in any way related to this contract, its subject matter, or the rights or obligations of Seller and Buyer, will be brought exclusively in an appropriate court of competent jurisdiction (state or federal) located in Hamilton, Clermont, and Warren counties in Ohio (if the action is brought in state court) or in the Eastern District of Ohio (if the action is brought in federal court), and must be brought within two years after the date on which the claim accrued. Any action brought in such courts will not be transferred or removed to any other state or federal court. The parties consent to the exercise of jurisdiction over them by the above-named courts as their freely negotiated choice of forum for all actions subject to this forum selection clause.