Ownership of Site
These Terms and Conditions of Use (the “Terms”) apply to the Carolina Fishing Tackle web site located at www.CarolinaFishingTackle.com, including all associated sites linked to www.CarolinaFishingTackle.com by Carolina Fishing Tackle LLC (collectively, the “Site”). The Site is the property of Carolina Fishing Tackle (“CFT”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
CFT and/or its affiliates provide website features to you subject to the following conditions. If you visit or shop at www.CarolinaFishingTackle.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future CFT service or business (e.g., Your Profile, Gift Cards, Social Media, or Products) you also will be subject to the Terms applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.
CFT reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms, CFT grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
This Agreement contains the complete Terms and Conditions that apply to you in joining, buying, bidding, selling and all other activities you will make in our Site. By using or shopping from this Site, you agree to be bound by its Terms and shall comply thereof. This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by CFT from time to time without specific notice to you end. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.
These Terms govern your use of this Site; by using this Site, you accept these terms and conditions in full and without reservation. If you disagree with these Terms or any part of these Terms, you must not use this Site.
You must be at least 18 [eighteen] years of age to use this Site. By using this Site and by agreeing to these Terms, you warrant and represent that you are at least 18 years of age.
If you require any more information or have any questions about our Terms, please feel free to contact us by email at firstname.lastname@example.org.
Any feedback you provide at this Site shall be deemed to be non-confidential. CFT shall be free to use such information on an unrestricted basis.
The information contained in this Site is subject to change without notice.
Copyright © 2011-2012 Carolina Fishing Tackle LLC. All rights reserved.
Carolina Fishing Tackle LLC,
Updated by Carolina Fishing Tackle on Apr. 12, 2012
License To Use Site
The Site allows you to shop online.
CFT grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of CFT. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the Site, and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
Unless otherwise stated, CFT and/or its licensors own the intellectual property rights published on this Site and materials used on CFT. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
CFT respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us using either of the sets of information provided above or below.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to CFT, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without CFT’s express prior written consent.
You may use information on Carolina Fishing Tackle’s products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by CFT for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of CFT. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Carolina Fishing Tackle without express written consent. You may not use any meta tags or any other "hidden text" utilizing CFT’s name or trademarks without the express written consent of CFT. Any unauthorized use terminates the permission or license granted by CFT. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of www.CarolinaFishingTackle.com, so long as the link does not portray Carolina Fishing Tackle, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any CFT logo or other proprietary graphic or trademark as part of the link without express written permission.
You may not: republish material from this website in neither print nor digital media or documents (including republication on another website); sell, rent or sub-license material from the website; show any material from the website in public; reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose; edit or otherwise modify any material on the website; redistribute material from this website - except for content specifically and expressly made available for redistribution; or republish or reproduce any part of this website through the use of iframes or screenscrapers.
Where content is specifically made available for redistribution, it may only be redistributed within your organization.
Carolina Fishing Tackle LLC graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of Carolina Fishing Tackle LLC in the U.S. and/or other countries. CFT’s trademarks and trade dress may not be used in connection with any product or service that is not CFT’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CFT. All other trademarks not owned by CFT that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CFT.
Disclaimer of Use
Unless otherwise stated, CFT and/or its licensors own the intellectual property rights published on this Site and materials used on the store. Subject to the license below, all these intellectual property rights are reserved.
However, you are prohibited to do the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) posting of an items in inappropriate category or areas on our sites and services; (c) collecting information about users’ personal information; (d) maneuvering the price of any item or interfere with other users' listings; (f) post false, inaccurate, misleading, defamatory, or libelous content; (g) take any action that may damage the rating system.
For you to complete transactions in our Site, you must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the transaction process. You must qualify that you are 18 years or older and must be responsible for keeping your passwords secure and be responsible for all activities and contents that are uploaded under your name/account. You must not transmit any worms or viruses or any code of a destructive nature.
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. CFT reserves the right to bar any such activity.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or CFT’s systems or networks, or any systems or networks connected to the Site or to CFT.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to CFT on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of CFT or others.
You must not use this Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities on or in relation to this Site without CFT's express written consent, which includes but is not limited to, scraping, data mining, data extraction, data harvesting, ‘framing’ (iframes), and Article ‘Spinning’
You must not use this Site or any part of it to transmit or send unsolicited commercial communications.
You must not use this Site for any purposes related to marketing without the express written consent of CFT.
We reserve the right to make changes to our site, policies, and theseTerms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
You may view, download for caching purposes only, and print pages, files or other content from the Site for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.
Where content is specifically made available for redistribution, it may only be redistributed within your organization.
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. CFT reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant CFT a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant CFT and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify CFT for all claims resulting from content you supply. CFT has the right but not the obligation to monitor and edit or remove any activity or content. CFT takes no responsibility and assumes no liability for any content posted by you or any third party.
In these Terms, your content means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to CFT a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media. You also grant to CFT the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or or a third party (in each case under any applicable law).
You must not submit any user content to the Site that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
CFT reserves the right to edit or remove any material submitted to this Site, or stored on the servers of the Site, or hosted or published upon Site.
CFT's rights under these terms and conditions in relation to user content, does not undertake to monitor the submission of such content to, or the publication of such content on, this Site.
Access to certain areas of this Site is restricted. CFT reserves the right to restrict access to certain areas of this website, or at our discretion, this entire Site. CFT may change or modify this policy without notice.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any CFT server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of CFT, including any CFT account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
If CFT provides you with a user ID and password to enable you to access restricted areas of this Site or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security. CFT may disable your user ID and password at CFT's sole discretion without notice or explanation.
Product Descriptions & Content
CFT attempts to be as accurate as possible. However, CFT does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. If a product offered by CFT itself is not as described, your sole remedy is to return it in unused condition.
When you visit the Site or send e-mails to CFT, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Pricing & Payment
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.
With respect to items sold by CFT, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by CFT. Your purchases from third-party sellers are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.
CFT has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by CFT prior to the latter’s acceptance of an order. Unless credit term has been agreed upon, payment for the products shall be made by credit card or money order. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. An order may be invoiced separately. CFT has all the discretion to cancel or deny orders. CFT is not responsible for pricing, typographical, or other errors in any offer by CFT and reserves the right to cancel any orders arising from such errors. Invoices must be paid within 15 days of the invoice date.
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
CFT’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
CFT may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and CFT makes no commitment to update the materials on the Site with respect to such products and services.
We do not have to provide a refund if you have changed your mind about a particular fishing tackle purchase, so please choose carefully. If the goods are faulty, we will meet our obligations under the applicable laws. However, if “non-faulty” accounts are cancelled within two weeks of the first payment a full refund, will be given.”
Returns, Refunds, & Title
CFT does not take title to returned items until the item arrives at our offices. At our discretion, a refund may be issued without requiring a return. In this situation, CFT does not take title to the refunded item. For more information about our returns and refunds, please see our full Refund Policy.
Risk of Loss
All items purchased from CFT are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
You accept that, CFT as a limited liability entity, has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against CFT's officers or employees in respect of any losses you suffer in connection with the Site.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Terms disclaimer will protect CFT's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as CFT.
Parties other than CFT operate stores, provide services, or sell product lines on this site. For example, Save Phace fulfills orders placed on CFT directly, and other businesses and individuals make their products straight from their warehouses. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. CFT does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Your Account Information & Security
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. CFT does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Site only with involvement of a parent or guardian. CFT reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Certain features or services offered on or through the Site may require you to open an account (including setting up a CFT ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify CFT immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by CFT or any other user of or visitor to the Site due to someone else using your CFT ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s CFT ID, password or account at any time without the express permission and consent of the holder of that CFT ID, password or account. CFT cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Reviews, Comments, Communications, & Other Content
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. CFT reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. CFT takes no responsibility and assumes no liability for any content posted by you or any third party.
Disclaimer of Warranties
ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY CFT ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CFT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. CFT CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CFT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY CFT PRODUCTS/SERVICES, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CFT DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM CFT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CFT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) 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.
CFT DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST CFT FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
CFT reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED PARTICIPATION IN OUR PROGRAM, VISIT AND SHOPPING IN OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed USD2,000 or the total price of the subject products paid or payable to you whichever is less.
This website is provided “as is” without any representations or warranties, express or implied. CFT makes no representations or warranties in relation to this website or the information and materials provided on this Site.
Without prejudice to the generality of the foregoing paragraph, CFT does not warrant that: this Site will be constantly available, or available at all; or that the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
FRAUDULENT ACTIVITIES are highly monitored in our Site and if fraud is detected CFT shall resort al remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
Limitation of Liability
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Except where prohibited by law, in no event will CFT be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if CFT has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms, CFT is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, CFT’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against CFT (but not including the purchase price for any CFT products or any similarly related support program), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
CFT will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Site: to the extent that the Site is provided free-of-charge, for any direct loss; for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if has been expressly advised of the potential loss.
You agree to indemnify and hold CFT, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against CFT by any third party due to or arising out of or in connection with your use of the Site.
You hereby indemnify and undertake to keep CFT indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by to a third party in settlement of a claim or dispute on the advice of CFT's legal advisers) incurred or suffered by arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms.
You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to by an end-user customer pursuant to a Program is proprietary information of CFT. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
Failure of CFT to insist upon strict performance of any of these Terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
Nothing in this Site disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this Site disclaimer will exclude or limit the liability of in respect of any: death or personal injury caused by the negligence of or its agents, employees or shareholders/owners; fraud or fraudulent misrepresentation on the part of ; or matter which it would be illegal or unlawful for to exclude or limit, or to attempt or purport to exclude or limit, its liability.
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under CFT’s control, and CFT is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
If any provision of this Site disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the parts of such provision which are enforceable by law, or any other provisions of this website disclaimer.
CFT administers and operates the www.CarolinaFishingTackle.com Site from its location in Mooresville, North Carolina USA; other CFT sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. CFT reserves the right to limit, in its sole discretion, the provision and quantity of any feature, fishing tackle product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
CFT may revise these Terms from time-to-time. Revised terms and conditions will apply to the use of this Site from the date of the publication of the revised terms and conditions on this Site. Please check this page regularly to ensure you are familiar with the current version.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms, and any such attempt may result in termination of these Terms, without liability to CFT. However, CFT may transfer, sub-contract or otherwise deal with CFT's rights and/or obligations under these Terms without notifying you or obtaining your consent.
If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
In the event that any provision of these Terms is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms shall remain valid and enforceable according to its terms.
Violation of These Terms
CFT may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) CFT’s rights or property, or the rights or property of visitors to or users of the Site, including CFT’s customers. CFT reserves the right at all times to disclose any information that CFT deems necessary to comply with any applicable law, regulation, legal process or governmental request. CFT also may disclose your information when CFT determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that CFT may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to CFT, for which monetary damages would be inadequate, and you consent to CFT obtaining any injunctive or equitable relief that CFT deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies CFT may have at law or in equity.
You agree that CFT may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
Without prejudice to CFT's other rights under these Terms, if you breach these Terms in any way, CFT may take such action as CFT deems appropriate to deal with the breach, including suspending your access to the Site, prohibiting you from accessing the Site, blocking computers using your IP address from accessing the Site, contacting your internet service provider to request that they block your access to the Site and/or bringing court proceedings against you.
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of North Carolina without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Iredel County, North Carolina, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for fishing tackle goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between CFT and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
CFT provides access to CFT international data and, therefore, may contain references or cross references to CFT products, programs and services that are not announced in your country. Such reference does not imply that CFT in your country intends to announce such products, programs or services.
Store Number #(704) 799-2912 / Cell (704) 663-9639
- Carolina Fishing Tackle LLC
- 1158-A River Hwy
- Mooresville, NC 28117
ALL RIGHTS RESERVED