Online Sales, General Terms, Conditions and Policies
1. ACCEPTANCE OF TERMS AND CONDITIONS OF USE
Cougar Gulch Group, LLC (Cougar Gulch), through various web sites and services provides technical articles and subjects of interest, advertisements and other services subject to the following Terms and Conditions of Use, which may be updated by from time to time. You can review the most current version at: http://cougargulch.com/terms/ or click the link in the menu. By using any service on this site, or purchasing any product or service from us via eBay.com or eBid.net, you are agreeing to comply with these Terms and Conditions of Use and all posted guidelines. If you disagree with us, don’t use our service.
Cougar Gulch, for the sake of this contract is defined as Cougar Gulch Group, LLC, affiliated sites, parent organization and sponsors.
FOR VISITORS: We have structured our web sites so that, in general, you can visit us on the web without identifying yourself or revealing any personal information.
FOR CUSTOMERS: Once you choose to provide us personally identifiable information (any information by which you can be identified), you can be assured that it will only be used to support your customer relationship. We will not share your email address with third parties for any reason.
NOTICE: The articles on this site are written to help the reader become aware of and understand better certain statutes, rules, regulations and laws but nothing on this site is meant or intended to give or render legal advice. If you need legal advice, please seek the help of an attorney.
How do we use this information? The basic user information collected is used to help us analyze web traffic and to improve the content of our web site. Cookies may be used to facilitate your customer interaction with us. For example, we may use a cookie on the landing page of products sold online which record the customer information that is included on the order form, and then forward this information to our internal sales tracking database.
Note that our site provides links to products and services offered by other companies; the company’s web site that you link to will be able to determine that you linked from our web site. We subscribe to one or more affiliate programs. These programs have their own means for identifying you as you travel from our site to their affiliate merchant’s site. This is important because that is how they know that we have earned our pay. If you do not carry the info with you, it is the same as stealing from our hard work and limits our ability to offer you this great (and fun) service. With each and every affiliate program, the merchants and affiliates have pledged in writing to a code of ethics and that code promises to protect your information across all channels.
3. E-MAIL POLICY
From time to time we may notify our customers of special bargains and promotions. These we may not be frequent and we guarantee not to spam. If you do not want to receive any e-mails from us in the future, please let us know by sending an e-mail, calling or writing, and telling us that you do not want to receive e-mail from our company.
We will never sell, trade or loan your email address to any other site or company.
4. CHARGE CARD POLICY
If your purchase was through a payment gateway, we do not retain any of your charge card information on this site. We never see it, we do not know it, it cannot be stolen from us.
If your purchase is facilitated via the Cougar Gulch Credit Card Authorization Form, we hold these in a safe for up to six months, or during the chargeback period on the credit card, whichever is longer. Then the document is destroyed via a cross-cut grinder. We do not leave these documents laying around on a desk and unauthorized persons do not have access to it.
Any refunds we post to your charge card may take up to a week to view at your end.
5. PAYPAL POLICY
If you purchased with coupon: Your coupon will not reflect in your transaction at PayPal. If you bought with a coupon, leave a note in the comment box when you order online or send us an email and we will be sure to give you the credit (partial refund) for the coupon amount (less any charges listed above).
We do not allow PayPal for the purchase of intangible items, such as domain names and some services, because PayPal offers no seller protection and it is easy to defraud. All such sales must be transacted either by Escrow.com or Credit Card Authorization Form. If using the form, we will process the sale at our brick-and-mortar store facility. If using Escrow.com, you agree to split the cost and fees equally between buyer and seller, unless otherwise stated in the listing.
6. SHIPPING POLICY
Orders are usually shipped same day if they are placed before 11AM PST. Otherwise all orders usually ship in 24 – 48 hours. If an order must be backordered for more than 3 days we will let you know. Usually, we will let you know immediately.
It is your responsibility to have someone available to receive your package. If it is stolen from your porch (or any part of the building), it is not our fault. If you want your package to be signed for, you must say so in the comment box or by email (email must be immediate, before we ship) and additional charges may apply.
7. WARRANTY POLICY
All warranties are limited to those stated by the manufacturer. All claims for defective equipment are between the customer and the manufacturer. Any warranties upheld by seller is limited to exchanging product and returns must be in original condition and packaging.
Use all products at your own risk. The customer is responsible for the proper installation of all products. If the merchandise is damaged by improper installation or use the warranty will be void. The customer is responsible for the proper use of all products. Some automotive parts are for off-road, race, or show use only and may never be used on the road.
Seller is NOT at any time, in any situation, liable for any damage (direct, indirect or collateral), whether it be bodily damage (injury or death), damage to your vehicle, or any other damage incurred due to the merchandise we sell. Furthermore, buyer waives all claims against seller and assumes all responsibility for installation, use, etc.
8. RETURN POLICY
Orders may be cancelled and a full refund issued, as long as the item has not yet been processed, once the item has been processed it will be considered a return, not a cancellation.
NO RETURNS ARE ACCEPTED WITHOUT PRE-AUTHORIZATION. A return authorization may be obtained by e-mailing email@example.com. Be certain to include your name, invoice number, part number and reason for return. You also agree to the rest of the terms listed below. Returns must be made within 30 days of receipt of merchandise, and must have never been used or installed.
All returns will be subject to a 20% re-stocking fee. All shipping charges accrued in shipping the order (whether drop shipped or from us direct) will be deducted from the refund. Proof of shipping costs will be made available upon request via shipping receipts, otherwise the charge will be ten dollars.
The customer is responsible for shipping all returns back to Cougar Gulch in the original packaging and in re-sellable condition at customer’s cost.
If the wrong goods are received due to our error, all shipping costs associated with correcting the error will be covered by us.
ATTENTION: IF YOUR PURCHASE IS PART OF A GROUP BUY — you will not be allowed to return the part for any reason, except for warranty issues; and even then, you will only be allowed to exchange for a working part (usually this exchange is transacted with the manufacturer). We hope you can appreciate the fact that group buys are priced very low and even one return will destroy what little profit there is in the group order. Thank you for your understanding in this matter.
9. THIRD PARTY BUYING AND SELLING
If you are buying or selling through this site or one of our other sites and that transaction is not with us, or our site, it is with another, or third party: whether you buy, or whether you sell, you agree the transaction is strictly between you and the third party. You agree to hold Cougar Gulch our website, our agents and all other related parties who are not part to the transaction harmless from any claim or liability. All claims for product fraud, injuries, warranties and the like are the responsibility of the seller. If you sell through our site, you agree to this and warrant you will stand behind every transaction that you execute through this site. If you are the buyer, you agree your claim is with the seller and the seller alone. You further agree it is the buyer’s responsibility to investigate the reputation and trust of the seller and that Cougar Gulch does not recommend or vouch for any third party merchants on this site.
10. EXPOSURE TO CONTENT
Some content on this site, we have control over and some we don’t. You understand that by using the services on this site, you may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the site and content available through the services on this site may contain links to other websites, which are completely independent of us. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. You click to any other website from this site at your own risk and that under no circumstances will we be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise made available. We shall have the right (but not the obligation) in our sole discretion to refuse, delete or move any content that is available on this site, for any reason.
Furthermore, you use the content of this site at your own risk. You agree to hold us and the writers harmless for any error, misrepresentation and or negligence in any article and you further accept the responsibility that it is your obligation to determine the reasonableness and/or safety of any thing recommended on this site before you use it or put it into practice.
11. CONDUCT AND SUBMITTED CONTENT
You agree not to post, email, or otherwise make available: 1) content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy; 2) content that is pornographic; 3) content that falsely states or otherwise misrepresents your affiliation with a person or entity; 4) content that is false, deceptive, misleading, deceitful or constitutes “bait and switch”; 5) content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 6) content that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,”; 7) content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the services on this site, or that otherwise negatively affects other users’ ability to use the services on this site; 8)content that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the services on this site.
You agree not to: 1) contact anyone who has asked not to be contacted; 2) “stalk” or otherwise harass anyone; 3) collect personal data about other users for commercial or unlawful purposes; 4) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the services on this site – unless expressly permitted by ; 5) post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; 6) post the same item or service in more than one classified category; 7) or attempt to gain unauthorized access to ‘s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the website.
12. LIMITATIONS ON SERVICE
You acknowledge that Cougar Gulch may establish limits concerning use of the services on this site, including the maximum number of days that content will be retained, the maximum number and size of postings or other content and the frequency with which you may access the services on this site. You agree that Cougar Gulch has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the services on this site. You acknowledge that Cougar Gulch reserves the right at any time to modify or discontinue the services on this site (or any part thereof) with or without notice, and that shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services on this site.
13. TERMINATION OF SERVICE
You agree that if you violate the Terms and Conditions of Use, Cougar Gulch in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the services on this site (or any part thereof), immediately and without notice, and remove and discard any content within the services on this site.
You agree to indemnify and hold Cougar Gulch, its officers, subsidiaries, affiliates, successors, assigns, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content you submit, post or make available through the services on this site, your use of the services on this site, your violation of the Terms and Conditions of Use, your breach of any of the representations and warranties herein, or your violation of any rights of another.
15. DISCLAIMER OF WARRANTIES
You agree that use of the site and the services on this site is entirely at your own risk. All services on this site are provided “as is” or “as available,” without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Cougar Gulch disclaims any warranties for viruses or other harmful components in connection with the site or the services on this site.
16. LIMITATIONS OF LIABILITY
Under no circumstances shall Cougar Gulch be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if has been advised of the possibility of such damages), resulting from any aspect of your use of the site, whether the damages arise from use or misuse of the site, from inability to use the site, or the interruption, suspension, modification, alteration, or termination of the site. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the site or the services on this site or any links on the site, as well as by reason of any information or advice received through or advertised in connection with the site or the services on this site or any links on the site. These limitations shall apply to the fullest extent permitted by law.
17. GENERAL INFORMATION
The Terms and Conditions of Use constitute the entire agreement between you and Cougar Gulch and govern your use of the services on this site, superceding any prior agreements between you and Cougar Gulch. The Terms and Conditions of Use and the relationship between you and shall be governed by the laws of the State of Idaho without regard to its conflict of law provisions. You and Cougar Gulch agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Kootenai, Idaho.
The failure of to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services on this site or the Terms and Conditions of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
18. PROPRIETARY RIGHTS
Everything that is the exclusive content of Cougar Gulch is the property of same and is protected by copyright and trademark laws. All content displayed for and by other companies on this site are the exclusive property of the respective individual or organization.
19. COPYRIGHT & OTHER PROPERTY VIOLATIONS
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Cougar Gulch for notice of claims of copyright or other intellectual property infringement, firstname.lastname@example.org or mail to: Cougar Gulch Group, LLC., PO Box 178, Hayden, ID 83835. Please provide us with the following notice: 1) Identify the copyrighted work or other intellectual property that you claim has been infringed; 2) Identify the material on the site that you claim is infringing, with enough detail so that we may locate it on the website; 3) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 4) A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; 5) Your address, telephone number, and email address; and 6) Your physical or electronic signature. Cougar Gulch will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
20. VIOLATIONS OF TERMS AND CONDITIONS OF USE
Please report any violations of the Terms and Conditions of Use, by flagging the posting(s) for review, or by emailing to email@example.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Cougar Gulch is committed to respecting and protecting the privacy of visitors to our web site.