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Home > Customer Service > Terms of Use PLUCKER’S PICK WEB SITE TERMS OF USE PLEASE CAREFULLY REVIEW THE TERMS OF USE OF THIS SITE. Because your use of the site indicates your acceptance of these terms, do not use the site if you do not agree to be bound by these terms. We may periodically change the terms, so please check them from time to time as your continued use of the site signifies your acceptance of any changes. ACCURACY OF INFORMATION. We attempt to ensure that information on this web site is complete, accurate and current. Despite our efforts, the information on this web site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this web site. For example, products included on this web site may be unavailable, may have different attributes than those listed, or may actually carry a different price than stated on this web site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order. COPYRIGHT AND TRADEMARK. Unless otherwise noted, all materials on this site are protected as the copyrights, trade dress, trademarks and/or other intellectual property owned by SRJ&Co and/or its subsidiaries and affiliates or by other parties that have licensed their material to SRJ&Co. Plucker’s Pick marks on this site represent some of the marks currently owned or controlled in the United States and/or in one or more other countries by SRJ&Co. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all SRJ&Co worldwide proprietary ownership rights, and SRJ&Co may own or control other proprietary rights in one or more countries outside of the United States. All rights not expressly granted are reserved. SPECIAL NOTICE REGARDING TRADEMARKS. SRJ&Co and its affiliates have a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatags or keywords is trademark infringement, and the use of trademarks or names in page text, metatags, keywords and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. PERSONAL USE. Your use of the materials included on this site is permitted for informational and shopping purposes only. You agree you will not distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of this site in any way. You agree to indemnify, defend and hold harmless SRJ&Co for any and all unauthorized uses you may make of any material on the site. You acknowledge the unauthorized use of the contents could cause irreparable harm to SRJ&Co and that in the event of an unauthorized use, SRJ&Co shall be entitled to an injunction in addition to any other remedies available at law or in equity. PROPRIETARY RIGHTS OF THIRD PARTIES. SRJ&Co respects the intellectual property rights of others, and asks you to do the same. SRJ&Co may, in appropriate circumstances and at its discretion, terminate access and use of this Web Site and its content to anyone who infringes the intellectual property rights of others. If you believe that your work has been posted or stored on this web site or linked to and is without authorization, please notify SRJ&Co’s Designated Copyright Agent in writing: By Mail: S.R. Jacobs & Company, LLC 470 Olde Worthington Road Suite 200 Westerville OH By Phone: 614-839-6769 By E-Mail: info@pluckerspick.com PERSONAL INFORMATION. Other than personally identifiable information, which is subject to this web site's Privacy Statement, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this web site in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. We and our respective affiliates and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity or otherwise. We retain the right to remove any or all User Communications that include any material we deem inappropriate or unacceptable. If you are accessing and using this web site on someone else's behalf, you represent that you have the authority to bind that person as a principal to all terms and conditions provided herein and you agree to accept liability for harm caused by that person's wrongful use of the web site. YOUR ACCOUNT. You may choose to create an account at our web site. If you do, you will have an email address and password for your account. To protect your account, you should choose a username and password different than names, birthdays or street addresses associated with you. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. FEEDBACK AND SUBMISSIONS. You agree you are and shall remain solely responsible for the content of any submissions you make to this web site, and you will not submit material that is unlawful, defamatory, abusive or obscene. You agree that you will not submit anything to the site that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). While we appreciate your interest in SRJ&Co, we do not want and cannot accept any ideas you consider to be proprietary regarding designs, product technology or other suggestions you may have developed. Consequently, any material you submit to this site will be deemed a grant of a royalty free, non-exclusive right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute these materials throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. In addition, you warrant that all so-called "moral rights" have been waived. PRODUCT SALES AND AVAILABILITY. All products displayed on this site will be delivered only within the United States and, when available, in Canada (except Quebec). All prices displayed on the site are quoted in U.S. Dollars and are valid and effective only in the United States. SRJ&Co reserves the right without prior notice to discontinue or change specifications on products and services offered on this site without incurring any obligations. LINKS. Some links on the site will allow you to connect with sites that are not under our control. SRJ&Co is providing these links only as a convenience. The appearance of a link does not imply SRJ&Co’s endorsement, and SRJ&Co is not responsible for the contents of any linked site. You access them at your own risk. Creating or maintaining any link from another web site to any page on this web site without our prior written permission is prohibited. Running or displaying this web site or any information or material displayed on this web site in frames or through similar means on another web site without our prior written permission is prohibited. Any permitted links to this web site must comply will all applicable laws, rules and regulations. PRIVACY & SECURITY. For an explanation of SRJ&Co practices and policies related to the collection, use and storage of our online guests' information, please read our Privacy Statement. For information about the security of your ordering information and credit card number while shopping on SRJ&Co.com, please refer to our Privacy Statement. LIMITATIONS OF LIABILITY. Neither SRJ&Co nor its suppliers assume any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment or other property caused by or arising from your access to, use of or browsing this web site or your downloading of any information or materials from this web site. IN NO EVENT WILL SRJ&CO, OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE. MINORS. SRJ&Co asks that parents supervise their children while online. No information should be posted by minor children without parental consent. REVISIONS TO THESE TERMS OF USE. These Terms of Use may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms of Use because they are binding on you. Your continued use of this web site after any changes to these Terms of Use are posted will be considered acceptance of those changes. CHOICE OF LAW; JURISDICTION. These Terms of Use supersede any other agreement between you and SRJ&Co to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms of Use will be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this web site will be brought only in the courts of the State of Ohio or the United States District Court for the Southern District of Ohio. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. TERMINATION. You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred prior to termination. We reserve the right to change, suspend or discontinue all or any aspect of this web site at any time without notice. Revised 09/02/08 |
