TERMS OF USE

About the TailSpin Website

TailSpin Waterfowl (“TailSpin”) provides this site as a service to our customers and prospective customers. Tailspin owns or licenses all pictures, names, descriptions, and other words and images on this website and owns or licenses all trademarks, copyrights, and other intellectual property right associated with the website. TailSpin allows you to view and use this website only for your own personal use and to acquaint yourself with TailSpin and its products. In order to use this site, however, you must agree to all of the terms and conditions of use specified on our website (“Terms and Conditions”). By entering the site, you are confirming your agreement to be bound by these Terms and Conditions. The Terms and Conditions are subject to change from time to time, and we recommend that you review the Terms and Conditions each time you log onto our website. However, by visiting our website you agree unconditionally to the Terms and Conditions in effect on each occasion that you visit the site. TailSpin reserves the right to modify or terminate this site and to interrupt the operation of this site at any time and for any period time it chooses in its sole discretion. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SPECIFIED ON THIS SITE, YOU ARE NOT ALLOWED TO USE THIS SITE AND YOU MUST EXIT FROM IT NOW.

Age and Other Requirements for Users

In order to use this site, you must be 18 years of age or older. By entering the site and agreeing to these Terms and Conditions, you are representing to TailSpin that you are at least 18 years old. TailSpin prohibits the use profanity and other improper communications on its website and reserves the right to limit or ban access to the website to any user at any time, in TailSpin’s sole discretion. By placing an order through our website, you represent to TailSpin that all of the information you provide to us is accurate and truthful and that you agree to accept the items you order and to pay for the items in full, including any applicable taxes and/or shipping and handling charges. TailSpin also reserves the right to cancel or refuse any order for any reason. By accessing and using this website, you agree that all of your use is at your own risk and you understand that TailSpin makes no warranties as to the completeness or accuracy of any information contained on the website. While we make an effort to keep website information current and accurate, TailSpin makes no warranty regarding accuracy. By using this website, you agree that TailSpin can have no liability to you or any other user by virtue of the information and other content of this site, including content that may be incomplete or inaccurate. ALL INFORMATION MADE AVAILABLE ON THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. TAILSPIN HEREBY DISCLAIMS ANY AND ALL WARRATIES, EXPRESS OR IMPLIED, REGARDING THE CONTENT OF THIS SITE, AND BY ENTERING THIS SITE YOU AGREE THAT YOU BEAR ALL RISKS INVOVLED IN THE USE OF THIS WEBSITE, INCLUDING ANY RELIANCE ON ANY ASPECT OF THE INFORMATION AVAILABLE ON THIS SITE.

Information About Our Products

TailSpin endeavors to provide information about its products and pricing that is accurate. However, TailSpin does not guarantee the accuracy of its product descriptions or that a particular product will have the same appearance as it has in photographs on this website. In addition, product colors as displayed on a computer monitor may vary depending on the settings on your monitor. TailSpin cannot and does not guarantee that any of its product information on this website will be accurate, reliable, current, complete, or without errors. All product prices are subject to change. TailSpin will not honor pricing information that is not current or which reflects an error in the price quoted on the website. If you are dissatisfied with any aspect of any product you order from TailSpin, your sole remedy will be to exercise your rights, if any, under TailSpin’s express product warranty that is explained in the “Warranty-Exchanges” section of our website.

Product Orders and User Accounts

This website offers users access to on-line ordering and customer account features. Like the other parts of our site, these features are offered “as is” and without any express or implied warranties about their security, privacy, or functionality. (See the “Site Security and Privacy” section below.) TailSpin reserves the right to decline, reject or cancel any product order for any reason, and TailSpin may be unable to fill certain orders based on the quantities of items ordered or the aggregate price for a given order. We will notify you if your order has been rejected, canceled, or is subject to any limitations.

If you choose to create an account on our website, you are solely responsible for maintaining and preserving your account name and password, as well as for protecting the privacy and security of any information entered or held in your account. Your creation and use of your on-line account is entirely at your own risk, and protecting your account and your personal information is your responsibility. By entering this website and using it, you agree that TailSpin cannot be liable for any financial losses or other damage arising from the use of your account. You must protect your account, because are responsible and may be held legally liable for the use of your account (and account information) by someone else. You may not use any other person’s account, password, or other information at any time without the other person’s express written consent. You also agree that you will notify TailSpin as soon as possible if you become aware of any improperor unauthorized use of your account or account information or if you become aware of any breach of security involving your account or the TailSpin website.

Express Warranty and Disclaimer of All Other Warranties

TailSpin products are backed by our express limited warranty, the terms of which are provided in more detail in the Warranty-Exchanges section of our website. Generally, TailSpin warrants its products to be free of defects in materials and workmanship for twelve months from the date of purchase and TailSpin will provide a replacement product for any product found to be defective within twelve months of purchase.

TAILSPIN EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES OF ITS PRODUCTS OR OF THIS WEBSITE, WHETHER SUCH WARRANTIES BE EXPRESS OR IMPLIED. TAILSPIN EXPRESSLY DISCLAIMS THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TAILSPIN ALSO DISCLAIMS ANY WARRANTY, RESPONSIBILITY OR LIABLIITY OF ANY KIND RELATED TO THIS WEBISTE AND THE MATERIALS AND INFORMATION MADE AVAILALE THROUGH THIS WEBSITE. YOU AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK AND THAT YOU MUST INDEPENDENTLY EVALUATE ANY INFROMATION CONTAINED ON THE WEBSITE AND THAT YOU CANNOT AND WILL NOT SEEK TO HOLD TAILSPIN LIABLE UNDER ANY THEORY OF LAW OR EQUITY BY VIRTUE OF YOUR USE OF THIS WEBSITE. YOU FURTHER AGREE BY YOUR USE OF THIS WEBSITE THAT TAILSPIN CANNOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND (INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, AND PUNITIVE DAMAGES) BY VIRTUE OF YOUR USE OF THIS WEBSITE OR YOUR PURCHASE OF TAILSPIN PRODUCTS. YOU UNDERSTAND AND AGREE THAT YOUR SOLE REMEDY AGAINST TAILSPIN WILL BE THE EXPRESS PRODUCT WARRANTY OF TAILSPIN SPECIFIED IN THE WARRANTY-EXCHANGES SECTION OF THIS WEBITE.

Site Security and Privacy

By using this site, you agree that you will not engage in any activity that could compromise the security of the TailSpin website. You agree that: (1) you will not access or attempt to access any account or information you are not expressly authorized to access; (2) you will not attempt to interfere with any functionality of the site or of any host server, user, or network associated with this site; (3) you will not attempt by any means to determine any vulnerabilities in our system or to bypass any authentication or security measures; (4) you will not introduce any “spam,” virus or other potentially harmful data or