Terms of Use
Welcome to BillysWesternWear.com (the “Site”). Please read these “Terms of Use” carefully before using the services offered by the Site. This agreement sets forth the legally binding terms and conditions for your use of the Site. Your use of the Site confirms your unconditional acceptance of the following terms of use. If you do not accept these terms of use, do not use the Site.
ACCEPTANCE OF TERMS
The Service is available only to individuals who are at least 18 years old. You represent and warranty that if you are an individual, you are of legal age to form a binding contract and are at least 18 years old, and that all registration information you submit is accurate and truthful. BillysWesternWear.com may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
YOUR ACCOUNT
If you use the 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. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a user account. BillysWesternWear.com reserves the right (but not the obligation) to remove or edit such a user account.
PRIVACY
Please review our Privacy Policy, which also governs your visit to the Site, to understand our practices.
ACCURACY OF INFORMATION
We attempt to ensure that information on the Site is complete, accurate and up to date. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or up to datedness of any information on the Site. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in the Site at a particular time does not imply or warrant that these products or services will be available at any time.
With respect to items sold by BillysWesternWear.com, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Further, BillysWesternWear.com reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is canceled, BillysWesternWear.com shall promptly issue a credit to your credit card.
ELECTRONIC COMMUNICATIONS
When you visit the Site 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.
COPYRIGHTS AND TRADEMARKS
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, and digital downloads is the property of BillysWesternWear.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of BillysWesternWear.com and protected by U.S. and international copyright laws.
Billy’s Western Wear, BillysWesternWear.com, and other BillysWesternWear.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Billy’s Western Wear in the U.S. and/or other countries. Billy’s Western Wear’s trademarks and trade dress may not be used in connection with any product or service that is not Billy’s Western Wear, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Billy’s Western Wear. All other trademarks not owned by Billy’s Western Wear 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 Billy’s Western Wear.
LINKS TO THIRD PARTY WEB SITES
Some links on the Site will allow you to connect with sites that are not under our control. BillysWesternWear.com is providing these links only as a convenience. The appearance of a link does not imply the Site’s endorsement, nor is the Site responsible for the contents of any linked web site products or services of any third-party web sites and does not make any representations regarding their quality, content or accuracy. Access them at your own risk.
THIRD PARTY WIDGETS
The Site may contain content that is hosted and served by third parties, which may include third party widgets (such as those that allow you to share content with third party web sites and online services), and those third parties may collect Site usage information and your Device Identifier when web pages from the Sites are served to your Device. And, the Sites may contain links to other third party web sites that Billy's Western Wear does not control. In addition, the Site's widgets may be included on web pages and web sites that are not associated with us, and over which we have no control. These other web sites may send their own cookies to your Device, independently collect data or solicit Personal Information and may or may not have their own published privacy policies. Billy's Western Wear is not responsible for the privacy practices employed by any third party
USER SUBMISSIONS
All submissions sent by you will become the Site’s property and will be used at the Site’s sole discretion. All submissions are non-confidential for all purposes. The Site reserves the right to remove or refuse to post any submission for any reason. By submitting material, you specifically give the Site a non-exclusive, royalty free, perpetual, irrevocable, and worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media
DISCLAIMER
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT BILLY’S WESTERN WEAR SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
INDEMNIFICATION
You agree to indemnify and hold Billy’s Western Wear and its affiliates, licensors, directors, officers, employees, agents and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever, including attorney fees and court costs arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to: (i) your access to and use of the Site; (ii) any User Content posted, uploaded or transmitted by you; (iii) your use or distribution of any User Content; (iv) your violation of these Terms of Use; or (v) the infringement or other violation by you or any third party using your account or password of any intellectual property or other right of any person or entity.
