Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.flyingcirclegear.com website (the "Site") owned and operated by Flying Circle Bag Co. ("us", "we", or "our").
Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site. By accessing or using the Site, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Site.
All text, images, graphics, logos, icons, design elements, trademarks, trade dress, and other Site content (collectively referred to herein as the “Site Content”), as well as the specific arrangement thereof, are reserved rights of Flying Circle Bag Co., Boerne, Texas. All rights reserved.
Termination
We reserve the right, at our sole discretion, to terminate or suspend access to all or any portion of our Site immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Ownership of Site Content
Unless otherwise stated, the text, software, images, graphics, logos, icons, photographs, images, illustrations, audio clips, video clips, design elements, copyrights and copyrightable materials, trademarks, trade dress, and other Site content are the exclusive property of Flying Circle Bag Co. or its licensors. Except where such permission is specifically granted, you may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Site Content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of Flying Circle Bag Co. and, where applicable, the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Flying Circle Bag Co. grants you no express or implied rights by way of your permitted downloading of copyrighted material.
Links to Other Web Sites
Our Site may contain links to third-party web sites or services that are not owned or controlled by Flying Circle Bag Co. Any links on this Site are designed for convenience only, and do not constitute an endorsement by Flying Circle Bag Co. or of that site, its owner or host, or the products or services offered or listed on such site.
Flying Circle Bag Co. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Flying Circle Bag Co. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Accessibility
You acknowledge and agree that at times this Site may be inaccessible or inoperable for any reason whatsoever, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Flying Circle Bag Co. may undertake from time to time; or (iii) causes which are beyond the control of Flying Circle Bag Co. or which are not reasonably foreseeable.
Correction of Errors and Inaccuracies
The content that appears on our Site is for informational purposes only. We do our best to ensure that the information posted on the Site (including products, descriptions, pricing, and availability, etc.) is timely and accurate; however, errors do appear from time to time. We therefore reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.
Online Transactions
We make available products for purchase through the Site, and we may use third–party suppliers and service providers to enable e–commerce functionality on the Site. If you wish to purchase any product made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Flying Circle Bag Co. the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including, without limitation, any shipping and handling charges applicable to the Transaction. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
Disclaimer of Warranties
FLYING CIRCLE BAG CO. AND ITS SUBSIDIARIES, RELATED COMPANIES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND AFFILIATES PROVIDE THIS SITE "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FLYING CIRCLE BAG CO. AND ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND AFFILIATES DO NOT WARRANT THAT THE OPERATION OF THIS SITE, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FLYING CIRCLE BAG CO. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FLYING CIRCLE BAG CO. HAS SECURITY SYSTEMS IN PLACE TO ENSURE THE SAFETY OF OUR NETWORK AND SITE INFRASTRUCTURE; HOWEVER, WE DO NOT WARRANT THAT THIS SITE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL FLYING CIRCLE BAG CO. OR ITS SUBSIDIARIES, RELATED COMPANIES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, OR AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THIS SITE, ANY CHANGES TO OR INACCESSIBILITY OF THIS SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THIS SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THIS SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE.
Indemnification
You agree to indemnify, hold harmless, and defend Flying Circle Bag Co., its subsidiaries, related companies, affiliates, directors, officers, employees, successors, assigns, and agents from and against any action, cause, claim, damage, debt, demand, or liability, including reasonable costs and attorney's fees, asserted by any person, arising out of, or relating to: (i) these Terms; (ii) your use of this Site, including any data or work transmitted or received by you; and (iii) any prohibited use of this Site.
Governing Law
These Terms shall be governed and construed in accordance with the laws of the United States of America, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site, and supersede and replace any prior agreements we might have between us regarding the Site.
Changes
Flying Circle Bag Co. reserves the right, at our sole discretion, to modify or replace these Terms at any time without further notice. Any changes or modification will be effective upon including the revisions and changes on our Site. By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Site.
Contact Us
If you have any questions about these Terms, please contact us.
Our postal address is:
PO Box 1857
Boerne, TX 78006
We can be reached via email at sales@flyingcirclegear.com.
We can be reached via telephone at 800-344-7242.