Terms of Service

OVERVIEW

This web site (also referred to herein as our “site”) is operated by Black Claw LLC (“Black Claw”). Throughout the site, the terms “we,” “us,” and “our” refer to Black Claw. Black Claw offers this site, including all information, tools and products available from this site to you, the user, conditioned upon your acceptance of all of the following terms and conditions (“Terms of Service”).

By using the site, you agree to be bound by the Terms of Service, which apply to all users of the site. Please read the Terms of Service carefully. If you do not agree to all the Terms of Service, then you may not access or use the site.

Any new features, tools, or content that we add to the site shall become subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page (https://www.blackclaw.com/pages/terms-privacy). We may update, change or replace any content on the site, including any part of these Terms of Service, at any time. Your continued use of, or access to, the site following the posting of any changes constitutes acceptance of those changes, including changes to the Terms of Service.

SECTION 1 – YOUR STATUS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence.

SECTION 2 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

SECTION 3 – PRODUCTS

Certain products may be available exclusively through the site. These products may have limited quantities and are subject to return or exchange only according to our return policy, which is found here: https://www.blackclaw.com/pages/shipping-returns

We have made every effort to display as accurately as possible the colors and images of our products that appear in our store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products to any person, and in any geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any of our products.

SECTION 4 – ORDERS, BILLING, AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail or billing address and phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 5 – THIRD-PARTY LINKS

Third-party links on this site may direct you to third-party web sites that may not be affiliated with us. For example, our site store is hosted on BigCommerce.. They provide us with the online e-commerce platform that allows us to sell our products to you. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant, and will not have any liability or responsibility for, any third-party materials or web sites, or for any other materials, products or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party web sites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.

Complaints, claims, concerns or questions regarding third-party products should be directed to the third-party.

SECTION 6 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

We welcome feedback from users. If you submit to us creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium, any Comments that you forward to us. We are under no obligation (i) to maintain any Comments in confidence; (ii) to pay compensation for any Comments; or (iii) to respond to any Comments.

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy.

SECTION 7 – PERSONAL INFORMATION

Your submission of personal information through our site store is governed by our Privacy Policy, which is set forth below on this same web page.

SECTION 8 – ERRORS, INACCURACIES, AND OMISSIONS

There occasionally may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 9 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (vi) to submit false or misleading information; (vii) to upload or transmit worms, viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the site; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl or scrape; or (x) to interfere with or circumvent the security features of the site or other web sites. We reserve the right to terminate your use of the site for any reason at our discretion.

SECTION 10 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

BLACK CLAW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. BLACK CLAW PRODUCTS ARE OFFERED AND SOLD ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BLACK CLAW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL BLACK CLAW BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO YOUR USE, MISUSE OR UNAUTHORIZED USE OF ANY PRODUCTS, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES; DAMAGES FOR LOSS OF USE, OTHER PROPERTY OR EQUIPMENT; LOSS OF PROFITS OR REVENUE; COST OF CAPITAL OR CLAIMS OF PURCHASER’S CUSTOMERS; OR OTHER PHYSICAL HARM OR MISFORTUNE.  WITHOUT LIMITING THE FOREGOING, ANY AND ALL CLAIMS ARISING OUT OF CONTRACT, NEGLIGENCE, TORT, STATUTORY, EQUITABLE, OR ANY OTHER LEGAL ACTIONS SHALL BE GOVERNED BY THIS LIMITATION OF LIABILITY.

SECTION 11 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Black Claw and our parents, subsidiaries, affiliates, partners, officers, 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 of Service or your use or misuse of our products.

SECTION 12 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, the unenforceable provision shall be deemed to be severed from these Terms of Service, but its severance shall not affect the validity or enforceability of any other remaining provisions.

SECTION 13 – ENTIRE AGREEMENT

The failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service constitute the entire agreement and understanding between you and us and govern your use of the site, 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 of Service.

SECTION 14 – GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to any conflict-of-law principle that would result in the laws of any other jurisdiction governing the Terms of Service. Any action, suit, or proceeding arising out of the subject matter of these Terms of Service will be litigated in courts located in Multnomah County, Oregon. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

SECTION 15 – QUESTIONS AND CONTACT INFORMATION

If you have any questions or concerns about the Terms of Service, please contact us at [email protected]

Last updated: December 2019