Terms & Conditions
USE OF THIS SITE IMPLIES AGREEMENT TO THESE TERMS
AUTHORIZED USES OF THIS WEB SITE
All right, title and interest in the Sites and any content contained herein is the exclusive property of FlyFix, except as otherwise stated. FlyFix grants you a limited license to access and make personal use of this site. You may print, copy and download any information or portion of the Sites for your personal use only. 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 without express written consent of FlyFix. You may not copy, publish, or reproduce any information contained on the Sites for any commercial or public purpose outside of those uses authorized by this document, without FlyFix’s prior written approval. Any unauthorized use terminates the permission or license granted by FlyFix.
Unauthorized use of the Sites including, but not limited to, unauthorized entry into FlyFix systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use the Sites in any manner that could damage or impair the functionality of any FlyFix site. You may not attempt to gain unauthorized access to any FlyFix Sites or service, computer systems or networks connected to any FlyFix system, through hacking, password mining or any other means. You agree that you will not engage in any activities related to the Sites that violate applicable laws or regulations.
FlyFix reserves the right and sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on the Sites and to suspend and/or deny access to the Sites for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on the Sites may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and FlyFix does not undertake any obligation or responsibility to update or amend any such information. FlyFix reserves the right to discontinue or modify any product or service described in or offered on the Sites at any time.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
The information, products and services on the Sites are provided on an “AS IS,” and “AS AVAILABLE” basis. FlyFix does not warrant the information or services provided herein or your use of the Sites generally, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. FlyFix will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via the Sites. Although the information provided to you on the Sites is obtained or compiled from sources we believe to be reliable, FlyFix cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Neither FlyFix nor any of its parents, subsidiaries, affiliates, successors, assigns, and their respective officers, directors, members, shareholders, employees, agents, suppliers, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the Sites, or resulting from the act or omission of any other party involved in making the Sites, the data contained herein or the products or services offered on the Sites available to you, or from any other cause relating to your access to, inability to access, or use of the Web site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of FlyFix or of any vendor providing software or services. In no event will FlyFix or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect, punitive, consequential or incidental damages, attorney fees, or any other damages of any kind even if FlyFix or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. FlyFix cannot and does not guarantee continuous, uninterrupted or secure access to the Web site.
DISPUTE RESOLUTION BY INDIVIDUAL BINDING ARBITRATION
You and FlyFix agree that any dispute between us (including disputes against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to: the Sites; any transaction or relationship between us resulting from your use of the Sites; the purchase, order, installation, or use of FlyFix’s products or services; or communications between us; will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. You and FlyFix further agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration. You and FlyFix further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court. BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA”), and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. If you initiate arbitration, FlyFix will promptly reimburse you for any standard filing fee which may have been required under AAA’s Procedures once you have notified FlyFix in writing and provided a copy of the arbitration proceedings. However, if FlyFix is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to FlyFix. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against FlyFix and may not preside over any kind of representative or class proceeding against FlyFix. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST US IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING, NOT USE THE SITES OR FLYFIX’S PRODUCTS, AND RETURN THE PRODUCT (UNOPENED AND UNUSED) FOR A REFUND IN ACCORDANCE WITH FLYFIX’S RETURN POLICY WITHIN 30 DAYS OF YOUR FIRST ORDER OF ANY OF FLYFIX’S PRODUCTS.
All content included on this site, including its design, product descriptions, and multimedia content, is the property of FlyFix or its content suppliers and protected by United States and international copyright laws. © STL International, Inc. 2016. All rights reserved. © FlyFix 2016. All rights reserved. The compilation of all content on this site is the exclusive property of FlyFix and protected by U.S. and international copyright laws. All software used on this site is the property of FlyFix or its software suppliers and protected by United States and international copyright laws.
FlyFix and other trademarks and service marks referenced herein are either registered trademarks and service marks or trademarks and service marks of FlyFix.
The names of other companies and marks used on third-party products or services mentioned herein may be registered trademarks and service marks or trademarks and service marks of their respective companies and/or owners.
You are prohibited from using our trademarks (and any third-party trademarks) for any purpose including, but not limited to use as meta tags on other pages or sites on the World Wide Web without the written permission of FlyFix or such third party, which may own the marks.
If you copy or download any information or software from the Sites, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.
FlyFix makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of websites accessible by hyperlink from this Site, or websites linking to this Site. The linked websites are not under the control of FlyFix and FlyFix is not responsible for the content of any linked website or any link contained in a linked website, or any review, changes, or updates to such websites. The inclusion of any link does not imply affiliation, endorsement, or adoption by FlyFix of the website or any information contained therein. When leaving the Site, you should be aware that FlyFix’s Terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that website.
PRODUCT DESCRIPTIONS AND PRICING
For questions about the products or services on this Site, or for questions about orders placed through the Site or otherwise, please use the Customer Service phone number or email links found on each product page.
FlyFix and its affiliates attempt to be as accurate as possible. However, FlyFix 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 FlyFix itself is not as described, your sole remedy is to return it in unused condition.
In ordering products through the Site, you agree to provide only true, accurate, current, and complete information. You hereby certify that any e-mail account you provide to FlyFix is registered to you. FlyFix reserves the right to bar your access to and use of the Site if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to FlyFix. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms. You agree that your placement of an electronic order on the Site is sufficient to satisfy the Statute of Frauds, and no further writing is required.
All prices displayed on the Site are quoted in U.S. dollars. FlyFix may prohibit delivery to addresses outside the United States and Canada. FlyFix will add shipping and handling fees and applicable sales/use tax. Products displayed on this Site are available while supplies last. Descriptions of, or references to, products not owned by FlyFix on the Site do not imply endorsement of that product, or constitute a warranty, by FlyFix.
All of our products carry a specific money back guarantee starting from the date that the product is delivered to you. For information regarding product returns, please review our Return Policy.
Unless otherwise noted, FlyFix will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although FlyFix may provide delivery or shipment timeframes or dates, you understand that those are FlyFix’s good-faith estimates and may be subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. FlyFix shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery.
The Site is controlled and operated by FlyFix from its headquarters in Puyallup, Washington, United States of America. If you access this Site from a location outside the United States of America, you do so on your own initiative and are responsible for compliance with all applicable laws of your jurisdiction. FlyFix makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
You hereby fully release and agree to indemnify and hold harmless FlyFix, its parents, subsidiaries, affiliates, successors, assigns, and their respective officers, directors, members, shareholders, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys’ fees arising out of or relating to your use of the Sites, the products, instructions, or advice on the Sites, or your violation of these Terms or the rights of any third party in connection with the foregoing.
Although FlyFix strives to prevent the introduction of viruses and other malware to this Site, FlyFix does not warrant, guarantee, or make any representation that the Sites is free of destructive materials. Further, FlyFix does not warrant or guarantee that access to this site will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected.
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
The terms of this section survive any termination of the Terms.
Last updated and effective: March 11th, 2016