Terms & Conditions
The Whip Shed and its associates provide
their services to you subject to the following conditions. If you visit
or shop within this website, you accept these conditions. Please read
them carefully.
PRIVACY
Please review our Privacy Policy, which also governs your visit to our website, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit The Whip Shed or send e-mails to us, 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 this 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.
COPYRIGHT
All content included on this site, such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data compilations,
and software, is the property of The Whip Shed or its content suppliers
and protected by international copyright laws. The compilation of all
content on this site is the exclusive property of The Whip Shed, with
copyright authorship for this collection by The Whip Shed, and protected
by international copyright laws.
TRADE MARK
The Whip Shed trademarks and trade dress may not be used in connection
with any product or service that is not The Whip Shed's, in any manner
that is likely to cause confusion among customers, or in any manner that
disparages or discredits The Whip Shed. All other trademarks not owned
by The Whip Shed or its subsidiaries 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 The Whip Shed or its subsidiaries.
LICENSE AND SITE ACCESS
The Whip Shed 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 The
Whip Shed. 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. 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 The Whip Shed. 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 The Whip
Shed and our associates without express written consent. You may not use
any meta tags or any other "hidden text" utilizing The Whip Shed's name
or trademarks without the express written consent of The Whip Shed. Any
unauthorized use terminates the permission or license granted byThe
Whip Shed . You are granted a limited, revocable, and nonexclusive right
to create a hyperlink to the home page of The Whip Shed so long as the
link does not portray The Whip Shed, its associates, or their products
or services in a false, misleading, derogatory, or otherwise offensive
matter. You may not use any The Whip Shed logo or other proprietary
graphic or trademark as part of the link without express written
permission.
YOUR MEMBERSHIP ACCOUNT
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. If you are under
18, you may use our website only with involvement of a parent or
guardian. The Whip Shed and its associates reserve the right to refuse
service, terminate accounts, remove or edit content, or cancel orders in
their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: 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. The Whip Shed 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 The Whip Shed and its associates 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 The Whip Shed and
its associates 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 The Whip
Shed or its associates for all claims resulting from content you supply.
The Whip Shed has the right but not the obligation to monitor and edit
or remove any activity or content. The Whip Shed takes no responsibility
and assumes no liability for any content posted by you or any third
party.
PRODUCT DESCRIPTIONS
The Whip Shed and its associates attempt to be as accurate as possible.
However, The Whip Shed 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 The Whip Shed itself is not as
described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS
PROVIDED BY The Whip Shed ON AN "AS IS" AND "AS AVAILABLE" BASIS. The
Whip Shed 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. YOU EXPRESSLY AGREE THAT
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW, The Whip Shed DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Whip Shed
DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM The
Whip Shed ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. The Whip Shed
WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF
THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES. 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.
APPLICABLE LAW
By visiting The Whip Shed, you agree that the laws of the state of
Queensland, Australia, without regard to principles of conflict of laws,
will govern these Conditions of Use and any dispute of any sort that
might arise between you and The Whip Shed or its associates.
DISPUTES
Any dispute relating in any way to your visit to The Whip Shed or to
products you purchase through The Whip Shed shall be submitted to
confidential arbitration in Queensland, Australia, except that, to the
extent you have in any manner violated or threatened to violate The Whip
Shed's intellectual property rights, The Whip Shed may seek injunctive
or other appropriate relief in any state or federal court in the state
of Queensland, Australia, and you consent to exclusive jurisdiction and
venue in such courts. Arbitration under this agreement shall be
conducted under the rules then prevailing of the American Arbitration
Association. The arbitrators award shall be binding and may be entered
as a judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under this Agreement
shall be joined to an arbitration involving any other party subject to
this Agreement, whether through class arbitration proceedings or
otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns
policy, posted on this site. These policies also govern your visit toThe
Whip Shed . We reserve the right to make changes to our site, policies,
and these Conditions of Use 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.
QUESTIONS:
Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the "Contact Us" link in the side menu. Or you can email us at: Sales@WhipShed.com