TERMS AND CONDITIONS
Notice to Potential Website Users:
- Please read the following terms and conditions of use carefully using this website. All users of this website agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this website.
- Whaley Products, Inc.’s website content including but not limited to text, images, graphics, content, code, pdfs, and pictures is copyrighted as collective work under the United States and other copyright laws. The website content is property of Whaley Products, Inc. Permission is granted to electronically and print hard copy portions of this website for the sole purpose of placing an order with Whaley Products, Inc. or purchasing Whaley Products, Inc. products. It is permissible to display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the website material from the various sections of the site solely for your own non-commercial purpose, or to place an order with Whaley Products, Inc. or to purchase Whaley Products, Inc. products. Any other use, including but not limited to the reproduction, distribution, display, or transmission of content of this site is prohibited.
- The owner of www.whaleyproducts.com is Whaley Products, Inc. All trademarks, service marks, and trade names of Whaley Products, Inc. used on this website are common law trademarks or registered trademarks of Whaley Products, Inc.
- This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Whaley Products, Inc. disclaims all warranties, express or implied. This is including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Whaley Products, Inc. does not represent or warrant that the functions contained in the website will be uninterrupted or free from error, that the defects will be corrected, or that this site or the server that makes the site available are free from viruses or other harmful components. Whaley Products, Inc. does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability:
- Whaley Products, Inc. shall not be held liable for any consequential damages or special damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Whaley Products, Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or consequential damages, so the above limitation or exclusion may not apply to you.
- In the event that a Whaley Products, Inc. product is inadvertently listed at an incorrect selling price, either on www.whaleyproducts.com or on a quotation transmitted by email or other electronic transmission medium, Whaley Products, Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Whaley Products, Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
Term and Termination:
- The terms and conditions listed on this page are applicable to you upon your accessing this website, completing registration on this website, or engaging in the shopping process on this website. The terms and conditions listed on this website, or any part of them, may be terminated by Whaley Products, Inc. without notice at any time, and for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
- Whaley Products, Inc. may deliver notice to you by email, a note listed on the website, or other reliable method to the address you have provided to Whaley Products, Inc.
- Your use of this site shall be governed in all respects by the laws of the state of Texas, United States, without regard to choice of law provisions, and not by the 1980 UN Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this website (including, but not limited to accessing the website, completing registration on the website, or engaging in the shopping process on the Whaley Products, Inc. website) shall be in the state or federal courts located in Dallas County, Texas or the county of your choice. Any cause of action or claim you may have with respect to the site (including, but not limited to accessing the website, completing registration on the website, or engaging in the shopping process on the Whaley Products, Inc. website) must be commenced within one (1) year after the claim or cause of action arises. Whaley Products, Inc.’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Whaley Products, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you. Whaley Products, Inc. also reserves the right to report any order along with all information collected from the website with the order to any United States federal or local police agency if it seems suspicious or fraudulent.
Use of Website:
- Harassment in any manner or form on the site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Whaley Products, Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the website any content which is slanderous, insulting, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
- Whaley Products, Inc. cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the website, Whaley Products, Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the website. However, Whaley Products, Inc. reserves the right to block or remove communications or materials that it determines to be abusive, defamatory, or obscene, fraudulent, deceptive, or misleading, in violation of a copyright, trademark, or other intellectual property right of another, offensive, or otherwise unacceptable to Whaley Products, Inc. in its sole discretion.
- You agree to indemnify, defend, and hold harmless Whaley Products, Inc., its officers, directors, employees, agents, licensors, and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the website using your Internet account.
- Whaley Products, Inc. may link to external websites operated by third parties occasionally. This may be in an effort to provide increased value to www.whaleyproducts.com visitors, or for other reasons. However, even if the third party is affiliated with Whaley Products, Inc., Whaley Products, Inc. has no control over these external linked websites, all of which have separate privacy policies and separate terms and conditions policies, independent of Whaley Products, Inc. These external linked websites are only for your convenience and therefore you access them at your own risk. Neverthless, Whaley Products, Inc. seeks to protect the integrity of its website and any external links therein and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Amendments to Whaley Products, Inc.’s Terms and Conditions:
- If Whaley Products, Inc. revises its terms and conditions, Whaley Products, Inc. will post the changes to this page. Revisions will apply only to website visits after the date of the revision. These terms and conditions were last modified on June 24, 2020.
How to Contact Whaley Products, Inc. with Questions and Feedback:
- Should you have any other questions or concerns about these terms and conditions, please send us an email at firstname.lastname@example.org.
Consent to Whaley Products, Inc.’s Terms and Conditions:
- By using Whaley Products, Inc.’s website www.whaleyproducts.com, you consent to Whaley Products, Inc.’s terms and conditions.