Terms and Conditions
Introduction
Welcome to the usa-elk.com website. These terms and conditions outline the rules and regulations for the use of our website. By accessing this website, you accept these terms and conditions in full. Do not continue to use this website if you do not accept all of the terms and conditions stated on this page.
Intellectual Property Rights
Unless otherwise stated, usa-elk.com and/or its licensors own the intellectual property rights for all material on this website. All intellectual property rights are reserved. You may view and/or print pages from this website for your own personal use subject to restrictions set in these terms and conditions.
You must not:
- Republish material from this website.
- Sell, rent, or sub-license material from this website.
- Reproduce, duplicate, or copy material from this website for commercial purposes.
User Comments
Certain parts of this website offer the opportunity for users to post and exchange opinions, information, and material. usa-elk.com does not screen, edit, publish, or review Comments prior to their appearance on the website. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws, usa-elk.com shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
usa-elk.com reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
Hyperlinking to our Content
The following organizations may link to our website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors when they list us in the directory may link to our website in the same manner as they hyperlink to the websites of other listed businesses.
These organizations may link to our home page, to publications or to other website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s own site.
We may consider and approve in our sole discretion other link requests from organizations that do not fall into the categories described above.
Iframes
Without prior approval and express written permission, you may not create frames around our web pages or use other techniques that alter in any way the visual presentation or appearance of our website.
Content Liability
We shall not be held responsible for any content that appears on your website. You agree to protect and defend us against all claims that are raised on your website. No link(s) should appear on any website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right at any time and in our sole discretion to request that you remove all links or any particular link to our website. You agree to immediately remove all links to our website upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our website that is offensive for any reason, you are free to contact and inform us. We will consider requests to remove links but we are not obligated to do so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Governing Law & Jurisdiction
These Terms and Conditions will be governed by and interpreted in accordance with the laws of the country in which our company is established, and you submit to the non-exclusive jurisdiction of the state and federal courts located in that country for the resolution of any disputes.
Changes to These Terms
We may update our Terms and Conditions from time to time. Thus, we advise you to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.
Returns and Exchanges
Please refer to our separate Returns and Exchanges policy for detailed information on these processes.
Product Information
We endeavour to display the colours of our products as accurately as possible on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.
All products are subject to availability. We reserve the right to discontinue any product at any time. In the event that a product is out of stock, we will notify you and provide options for a replacement or refund.
Pricing and Payment
All prices are shown in the currency indicated on the website and are subject to change without notice. We are not responsible for typographical errors regarding price or any other matter.
We accept various forms of payment as indicated at checkout. By providing a payment method, you confirm that you are authorized to use the payment method that you enter and that the information you provide is accurate.
Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion.
We reserve the right to cancel your order at any time for reasons including, but not limited to, product availability, errors in the product or pricing information, or problems identified with your payment method.
Promotional Codes
Promotional codes are valid for a single transaction on the website only. Codes cannot be used in conjunction with any other offer, have no cash value, and may be withdrawn or amended at any time without prior notice.
Limitation of Liability
usa-elk.com will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
Indemnification
You agree to indemnify, defend and hold harmless usa-elk.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Severability
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Contact Information
Questions about the Terms and Conditions should be directed to us through the contact methods provided on our website.