TY Outdoors LLC owns and operates this website (Tree Stand Defender.com). These terms and conditions govern your use of this website. By using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS GOVERN ALL USE OF THE TREE STAND DEFENDER.COM WEBSITE, INCLUDING THE PURCHASE OF PRODUCTS THROUGH THE TREE STAND DEFENDER.COM WEBSITE AND POSTING COMMENTS, REVIEWS, PICTURES OR OTHER CONTENT ON THE TREE STAND DEFENDER.COM WEBSITE. BY USING THE TREE STAND DEFENDER.COM WEBSITE, YOU AGREE THAT THESE TERMS AND CONDITIONS TOGETHER WITH THE PRICE AND PURCHASE INFORMATION PROVIDED AT THE TIME OF PRODUCT PURCHASE REPRESENT THE ENTIRE AGREEMENT CONCERNING THE USE OF THE TREE STAND DEFENDER.COM WEBSITE AND THE PURCHASE OF TREE STAND DEFENDER.COM PRODUCTS, AND THAT THESE TERMS AND CONDITIONS SUPERSEDE ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING WITH RESPECT TO TREE STAND DEFENDER.COM PRODUCTS. NO OTHER COMMUNICATION WILL BE CONSTRUED AS, OR CONSTITUTE, A WAIVER OF THESE TERMS AND CONDITIONS OF USE, OR ACCEPTANCE OF ANY ADDITIONAL TERMS, CONDITIONS OR SPECIFICATIONS, AND TREE STAND DEFENDER.COM HEREBY OBJECTS TO ANY SUCH ADDITIONAL OR CONTRARY TERMS, CONDITIONS OR SPECIFICATIONS.
TY Outdoors LLC is absolutely committed to protecting the privacy of its website users, and preventing unauthorized use of the information it collects. TY Outdoors LLC may use the information collected to provide notifications about important functionality changes to our website, new product, and/or special offers we think you'll find valuable. If you would rather not receive this information, please contact us. TY Outdoors does not sell, trade, rent, or otherwise distribute the information collected to others. This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. TY Outdoors LLC reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to the interests of TY Outdoors, and/or Tree Stand Defender.com.
You must not misuse our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; 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 will not: commit or encourage a criminal offense; transmit or distribute any virus, trojan horse, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Tree Stand Defender.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
You agree not to interfere, disrupt, or attempt to interfere or disrupt the operation of the Tree Stand Defender.com website or of the networks connected to the Tree Stand Defender.com website, and to abide by all security policies adopted by Tree Stand Defender.com. You acknowledge and agree that, for security purposes, Tree Stand Defender.com may monitor your account and your access to and use of the Tree Stand Defender.com website. Tree Stand Defender.com may at any time terminate or suspend your access to the Tree Stand Defender.com website as Tree Stand Defender.com considers appropriate or necessary in its sole discretion for security reasons, as a result of non-payment, any alleged or suspected breach of these Terms and Conditions, or to protect intellectual property. Tree Stand Defender.com may also impose limits on certain features and functions of the Tree Stand Defender.com website, or restrict your access to the Tree Stand Defender.com website without notice or liability.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
"Transactional Data" means all information collected by Tree Stand Defender.com, or to which Tree Stand Defender.com has access, that relates to the products you purchase and your use of the Tree Stand Defender.com website. You grant Tree Stand Defender.com a perpetual, worldwide, irrevocable, royalty-free license, with the right to grant sublicenses, to (i) use Transactional Data in any manner for Tree Stand Defender.com’s internal business purposes, including the provision of products and services to Tree Stand Defender.com customers and other third parties, (ii) prepare and distribute reports and analyses of Transactional Data, provided that such reports and analyses do not disclose your identity, and (iii) distribute and disclose Transactional Data that is de-identified and aggregated with other data, and grant third parties rights use and analyze such data for their internal business purposes.
Copyright, Trademark, Intellectual Property, Software and Content
Except as otherwise expressly noted, all images, illustrations, designs (including product designs), graphics, icons, photographs, text, audio clips, video clips, or any other materials that appear as part of the Tree Stand Defender.com website, as well as the selection, arrangement and organization of the foregoing and the Tree Stand Defender.com website as a whole (collectively, "Content") are subject to copyright, trademark, service mark, trade dress, and/or other intellectual property rights or licenses, and rights of publicity and privacy, all worldwide rights, titles and interests in and to which are owned by or licensed to the us or our suppliers. Certain trademarks, service marks and trade names on the Tree Stand Defender.com website are our registered or unregistered trademarks, service marks and trade names are the registered or unregistered property of TY Outdoors LLC, and may not be used without the express permission of TY Outdoors LLC. All software used on the Tree Stand Defender.com website is the property of TY Outdoors LLC or our suppliers and is protected by U.S. and international copyright and other intellectual property laws. The intellectual property rights in all software and content, including, but not limited to, information, text, graphics, trademarks, logotypes, data and data compilations, photographic images, made available to you on or through this Website remains the property of TY Outdoors LLC or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by TY Outdoors LLC and its licensors.
You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise. References on Tree Stand Defender.com to the trademarks, service marks, trade names, products, company names or services of third parties are provided for your convenience and do not in any way constitute or imply an endorsement or recommendation of that third party or its products or services by us.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. In order to contract with Tree Stand Defender.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Tree Stand Defender.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. While we will use our best efforts to ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. In the unlikely event we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Payment must be received by Tree Stand Defender.com prior to acceptance of an order. Payment for the products will be made by credit card or PayPal. Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Shipping and Delivery
At this time, Tree Stand Defender ships merchandise to locations only within the continental United States, but not to Alaska, Hawaii, Puerto Rico, Guam, the US Virgin Islands, Canada or Mexico. In the future, Tree Stand Defender may eventually decide to ship merchandise to these locations, but not to other international locations. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier. Shipping and handling charges are included in the sales price of our products, unless otherwise expressly indicated at the time of sale. You must notify Tree Stand Defender.com within 14 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged.
You may purchase merchandise from this Web site by using any one of the payment options listed in on the website. Tree Stand Defender reserves the right to change its payment procedures at any time without prior notice to you.
At this time, Tree Stand Defender charges sales tax for merchandise ordered on this Web site for Tennessee residents, based on the applicable TN state sales tax rate.
Disclaimer of Warranties And Liability
ALL PRODUCTS AND SERVICES THAT ARE PROVIDED THROUGH THE TREE STAND DEFENDER.COM WEBSITE ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE." TY OUTDOORS LLC AND TREE STAND DEFENDER.COM MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO SUCH PRODUCTS OR SERVICES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WHICH TY OUTDOORS LLC HEREBY EXPRESSLY DISCLAIMS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THESE EXCLUSIONS ON IMPLIED WARRANTIES MAY NOT APPLY TO YOU. WE DO NOT GUARANTEE THAT YOUR ACCESS TO THE TREE STAND DEFENDER.COM WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS, OR THAT INFORMATION OR OTHER CONTENT OBTAINED THROUGH THE TREE STAND DEFENDER.COM WEBSITE WILL BE USEFUL OR THAT IT WILL SATISFY YOUR REQUIREMENTS. TY OUTDOORS LLC AND TREE STAND DEFENDER.COM WILL NOT BE LIABLE FOR ANY DELAY, DOWN TIME, OR OTHER FAILURE OF PERFORMANCE. TY OUTDOORS LLC AND TREE STAND DEFENDER.COM WILL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF, OR RELATING TO, THE TREE STAND DEFENDER.COM WEBSITE OR TREE STAND DEFENDER.COM PRODUCTS OR ANY OTHER PERFORMANCE UNDER, OR PURSUANT TO THESE TERMS AND CONDITIONS (INCLUDING LIABILITY FOR NEGLIGENCE) EXCEPT FOR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF TREE STAND DEFENDER.COM. IN NO EVENT WILL TY OUTDOORS LLC AND TREE STAND DEFENDER.COM’s LIABILITY OF ANY KIND (A) INCLUDE ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, DAMAGE TO GOODWILL OR REPUTATION, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE OR FAILURES OF THIS WEBSITE OR LINKED SITES AND ANY MATERIALS POSTED THEREON, IRRESPECTIVE OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR ARISE IN CONTRACT, TORT, EQUITY, RESTITUTION, BY STATUTE, AT COMMON LAW OR OTHERWISE, EVEN IF TY OUTDOORS LLC AND TREE STAND DEFENDER.COM SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE, OR (B) EXCEED THE AMOUNT PAID FOR TREE STAND DEFENDER.COM PRODUCTS.
You hereby agree to defend, indemnify and hold TY Outdoors LLC and Tree Stand Defender.com harmless from and against any and all claims, damages, liabilities, costs and expenses, without limitation, including attorneys' fees, arising from or related to your use of our products or your use of our website.
These Terms and Conditions are governed by and shall be interpreted and construed in accordance with the laws of the State of Tennessee. Any action or proceeding arising out of, or relating to, this Agreement, or the use of this website must be brought in the state or federal courts situated in Tennessee, and you consent to the exclusive personal jurisdiction of such courts.
All notices from Tree Stand Defender to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from you to Tree Stand Defender shall be emailed to us through the Contact Us portal on our website. Upon our receipt afterward, our first class mailing address will then be provided to you.
If any of these Terms and Conditions conflict with any applicable statute or rule of law, the affected Terms and Conditions will be deemed inoperative. If any part of these Terms and Conditions is held illegal, void or ineffective, the remaining portions will remain in full force and effect. No failure by either party to take any action or assert any right under these Terms and Conditions will be deemed to be a waiver of that right in the event of the continuation or repetition of the circumstances giving rise to that right.
Copyright © 2019 TY Outdoors LLC, and Tree Stand Defender.com. All rights reserved.