Terms and Conditions of Use
Introduction and General Information:
These Terms and Conditions apply to your use of our website.
Before using our website you must agree to these Terms of Use.
We may change these Terms of Use from time to time and by continuing to use our website you accept and agree to be bound by all changes.
Intellectual Property Rights
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Brian Gustin Services D/B/A Flatlander Outfitters.
The collective work includes works that are licensed to Us. © Copyright 2009, Brian Gustin Services, ALL RIGHTS RESERVED.
Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with us. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Brian Gustin Services.
You may not:
Acceptable Use Policy:
You agree to use our website only for lawful purposes.
You agree that you will not use our website in a way that infringes on the rights of other visitors.
You may not restrict or inhibit anyone else's use and participation on the website.
Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting any content or disrupting the normal flow of operations of our website.
You may not use our website to send unsolicited commercial communications.
You may not use the content on our website for any marketing related purpose without our express written consent.
User Contributions and Reviews: By posting any contribution or product review (including any text, photographs, graphics, video or audio) To this website, you agree to grant to Brian Gustin Services D/B/A Flatlander Outfitters, free of charge, Non-Exclusive permission to use the material in any way we see fit, including modifying and adapting it for operational and/or editorial reasons.
In order that we can use your contribution, you affirm that your contribution is your own original work, is not defamatory and does not infringe any US laws, and that you have the right to give us permission to use your constribution.
We do not and cannot review all communications and materials posted to or created by users accessing the site, and are not in any manner responsible for the content of these communications and materials.
You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, We are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the site.
However, we reserve the right to block or remove communications or materials that are determined to be abusive, defamatory, obscene, fraudulent, deceptive, misleading, in violation of a copyright, trademark ,or other intellectual property right of another, Or offensive or otherwise unacceptable to Brian Gustin Services in our sole discretion.
Limited Access:
Certain areas of our website are Restricted to authenticated user accounts.
We may in the future need to restrict access to parts (or all) of our website and reserve full rights to do so.
If, at any time, we provide you with a username and password for you to access restricted areas of our website, you must ensure that both your username and password are kept confidential.
We also reserve the right to disable your user account at any time, at our sole discretion, and without explanation.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Brian Gustin Services disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.Brian Gustin Services does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components.
Brian Gustin Services does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Brian Gustin Services shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Brian Gustin Services has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a product is mistakenly listed at an incorrect price, We reserve the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your credit card charged.
If your credit card has already been charged for the purchase and your order is cancelled, We shall issue a credit to your credit card account in the amount of the incorrect price.
Duration and Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by us without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Miscellaneous
Without prejudice to our other rights under this terms of use, if you fail to abide by these terms when using our website, we will take any and all neccessary measures to ensure our protection. These measures may include but are not limited to, informing relevant third parties, such as your Internet Service Provider and/or relevant government agencies including F.B.I., Local Law Enforcement, and other agencies about the infringement(s). Your use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of our products) shall be in the state or federal courts located in Miami-Dade County, Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of our products) must be commenced within one (1) year after the claim or cause of action arises. Our failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. We may assign its rights and duties under this Agreement to any party at any time without notice to you.
Revision and change to these Terms of Use
From time to time, we may find it necessary to make changes to these terms and conditions. Your continued use of our website will be deemed acceptance of the updated or amended terms. If you do not agree to any of the changes, you should no longer use the website. On request, We will delete your Account and any/all personal information that may be stored on the website. Copies of this information may be maintained in our files for up to 10 years, for purposes of Records Keeping, Invoices, Etc.
If any of these terms are determined to be illegal, invalid or otherwise in conflict with the laws of The United States of America, or the State of Florida, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms and Conditions shall survive and continue to be binding and enforceable.
Indemnification
You agree to indemnify, defend, and hold harmless Brian Gustin Services, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Entire Agreement
This terms of use, together with our privacy policy, make the entire agreement between you and us in relation to your use of our website.
Law and Jurisdiction
These Terms and all use of our Site is governed by the laws of the state of Florida, and the United States of America.
Contact Information:
Contact us using our provided contact form.
Documents and other material may be mailed to:
Brian Gustin Services
6420 SW 39 ST
Miami, Florida 33155
Fax: 305-662-4864
Before using our website you must agree to these Terms of Use.
We may change these Terms of Use from time to time and by continuing to use our website you accept and agree to be bound by all changes.
Intellectual Property Rights
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Brian Gustin Services D/B/A Flatlander Outfitters.
The collective work includes works that are licensed to Us. © Copyright 2009, Brian Gustin Services, ALL RIGHTS RESERVED.
Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with us. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Brian Gustin Services.
You may not:
- Republish material from our website without prior written consent
- Sell or rent material from our website.
- Reproduce, duplicate, copy or otherwise exploit material on our website content in any way except for
your own personal, non-commercial use..
- Adapt, alter or create a derivative work from any of our content except for your own personal, non-commercial use.
- Re-distribute any content from our website, including onto another website.
Acceptable Use Policy:
You agree to use our website only for lawful purposes.
You agree that you will not use our website in a way that infringes on the rights of other visitors.
You may not restrict or inhibit anyone else's use and participation on the website.
Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting any content or disrupting the normal flow of operations of our website.
You may not use our website to send unsolicited commercial communications.
You may not use the content on our website for any marketing related purpose without our express written consent.
User Contributions and Reviews: By posting any contribution or product review (including any text, photographs, graphics, video or audio) To this website, you agree to grant to Brian Gustin Services D/B/A Flatlander Outfitters, free of charge, Non-Exclusive permission to use the material in any way we see fit, including modifying and adapting it for operational and/or editorial reasons.
In order that we can use your contribution, you affirm that your contribution is your own original work, is not defamatory and does not infringe any US laws, and that you have the right to give us permission to use your constribution.
We do not and cannot review all communications and materials posted to or created by users accessing the site, and are not in any manner responsible for the content of these communications and materials.
You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, We are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the site.
However, we reserve the right to block or remove communications or materials that are determined to be abusive, defamatory, obscene, fraudulent, deceptive, misleading, in violation of a copyright, trademark ,or other intellectual property right of another, Or offensive or otherwise unacceptable to Brian Gustin Services in our sole discretion.
Limited Access:
Certain areas of our website are Restricted to authenticated user accounts.
We may in the future need to restrict access to parts (or all) of our website and reserve full rights to do so.
If, at any time, we provide you with a username and password for you to access restricted areas of our website, you must ensure that both your username and password are kept confidential.
We also reserve the right to disable your user account at any time, at our sole discretion, and without explanation.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Brian Gustin Services disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.Brian Gustin Services does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components.
Brian Gustin Services does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Brian Gustin Services shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Brian Gustin Services has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a product is mistakenly listed at an incorrect price, We reserve the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your credit card charged.
If your credit card has already been charged for the purchase and your order is cancelled, We shall issue a credit to your credit card account in the amount of the incorrect price.
Duration and Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by us without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Miscellaneous
Without prejudice to our other rights under this terms of use, if you fail to abide by these terms when using our website, we will take any and all neccessary measures to ensure our protection. These measures may include but are not limited to, informing relevant third parties, such as your Internet Service Provider and/or relevant government agencies including F.B.I., Local Law Enforcement, and other agencies about the infringement(s). Your use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of our products) shall be in the state or federal courts located in Miami-Dade County, Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of our products) must be commenced within one (1) year after the claim or cause of action arises. Our failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. We may assign its rights and duties under this Agreement to any party at any time without notice to you.
Revision and change to these Terms of Use
From time to time, we may find it necessary to make changes to these terms and conditions. Your continued use of our website will be deemed acceptance of the updated or amended terms. If you do not agree to any of the changes, you should no longer use the website. On request, We will delete your Account and any/all personal information that may be stored on the website. Copies of this information may be maintained in our files for up to 10 years, for purposes of Records Keeping, Invoices, Etc.
If any of these terms are determined to be illegal, invalid or otherwise in conflict with the laws of The United States of America, or the State of Florida, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms and Conditions shall survive and continue to be binding and enforceable.
Indemnification
You agree to indemnify, defend, and hold harmless Brian Gustin Services, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Entire Agreement
This terms of use, together with our privacy policy, make the entire agreement between you and us in relation to your use of our website.
Law and Jurisdiction
These Terms and all use of our Site is governed by the laws of the state of Florida, and the United States of America.
Contact Information:
Contact us using our provided contact form.
Documents and other material may be mailed to:
Brian Gustin Services
6420 SW 39 ST
Miami, Florida 33155
Fax: 305-662-4864
