Terms and Conditions




PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site 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 site.




COPYRIGHT

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of The Horse Fly. The collective work includes works that are licensed to The Horse Fly. Copyright 2009. The Horse Fly ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with The Horse Fly or purchasing Horse Fly products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with The Horse Fly or to purchase Horse Fly products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized in writing by The Horse Fly. You further agree not to change or delete any proprietary notices from materials downloaded from the site.




TRADEMARKS

All trademarks, service marks and trade names of The Horse Fly used in the site are trademarks or registered trademarks of The Horse Fly


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WARRANTY DISCLAIMERS

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, The Horse Fly disclaims and you hereby waive all warranties, express or implied, including, but not limited to, implied warranties of merchantability, quality, performance, fitness for a particular purpose, and non-infringement. You acknowledge by your use of this site and/or The Horse Flys products that your use thereof and any reliance upon them is at your sole risk.
The Horse Fly does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. The Horse Fly 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 certain limitations or exclusions on warranties, so some or all of the above disclaimers may not apply to you.




LIMITATION OF LIABILITY

The Horse Fly shall not be liable for any special, consequential, incidental, statutory, punitive, exemplary, or indirect damages of whatever kind or type arising from any type of commercial, business, environmental, tort, warranty, contract, strict liability, or other causes arising directly or indirectly from or in connection with your use or misuse of, or inability to use, this site, the materials on this site, or The Horse Flys products, even if The Horse Fly has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

You must follow all instructions and heed all warnings accompanying any products associated with this site. Some products, including those with small pieces, may not be suitable for children and should be kept out of the reach of children. All tools used for construction of craft products must be used carefully and with adult supervision.



TYPOGRAPHICAL ERRORS

In the event that a Horse Fly product is mistakenly listed at an incorrect price, The Horse Fly reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. The Horse Fly reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, The Horse Fly shall issue a credit to your credit card account in the amount of the incorrect price.




MODIFICATION AND TERMINATION

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. The Horse Fly may terminate or modify these terms and conditions, or any part of them, without notice at any time for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.




NOTICE

The Horse Fly may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to The Horse Fly.




YOUR ACTIVITIES ON SITE

Harassment in any manner or form on the site, including via e-mail, posting, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Horse Fly 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 site any content which is libelous, defamatory, 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.



PARTICIPATION DISCLAIMER

The Horse Fly does not and 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 site, The Horse Fly 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 site. However, The Horse Fly reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to The Horse Fly in its sole discretion.




THIRD-PARTY LINKS

In an attempt to provide increased value to our visitors, The Horse Fly may link to sites operated by third parties. However, even if the third party is affiliated with The Horse Fly, The Horse Fly has no control over these linked sites, all of which have separate privacy and data collection practices, independent of The Horse Fly. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, The Horse Fly seeks to protect the integrity of its web site and the links placed upon it 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).

DISPUTE RESOLUTION

Your use of this site shall be governed in all respects by the laws of the state of Idaho, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. 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 site (including but not limited to the purchase of The Horse Fly products) shall be in the state or federal courts located in Ada County, Idaho. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Horse Fly products) must be commenced within one (1) year after the claim or cause of action arises.

ASSIGNMENT
The Horse Fly may assign its rights and duties under this Agreement to any party at any time without notice to you.




INDEMNIFICATION

You agree to indemnify, defend, and hold harmless The Horse Fly, its officers, directors, owners, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from or related to (i) any violation by you of these terms and conditions (ii) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account, or (iii) your purchase, use, or misuse of any products ordered via this site.


SEVERABILITY

If any provision of these terms and conditions is deemed unlawful, void, voidable or unenforceable for any reason by any court or other tribunal of competent jurisdiction, then such provision(s) shall be reformed without further action by the parties to the extent necessary to make such provision(s) valid and enforceable when applied to such facts or circumstances, with the objective of achieving as nearly as legally possible the same effect.

WAIVER
The failure by either party to enforce at any time any of the provisions of these terms and conditions, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.