Terms of Service This Web site, located at www.RawHideCompany.com or www.PopCow.com, and all content and services available through it (collectively, the "Site") are provided by Raw Hide Company ("RHC") under this Terms of Service and any amendments to the Terms that RHC may publish from time to time (the "Terms").

 

BY ACCESSING, BROWSING, PURCHASING THROUGH OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS. If you do not agree to abide by the Terms, please do not use the Site or download content from the Site.

 

Check-Out Process In placing an order, you agree to provide only true, accurate, current and complete information during the check-out process, and agree to update that information to keep it true, accurate, current and complete. RHC shall have the right to bar your access to the Site if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to RHC.

 

Intellectual Property Rights This Site, including all graphics, text, photographs, drawings, software, sound, videos or other material available through the Site (collectively, the "Content"), is protected by worldwide copyright, trademark and other proprietary laws and treaty provisions. Except as expressly authorized by RHC or the applicable third party from whom the Content originated, you agree not to modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer or create derivative works based on the Site or any Content available through the Site. RHC authorizes you to view and download one copy of the Content available through the Site only for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact. You agree not to access the Site, or provide access to the Site, by means other than the interface that is provided by RHC for use in accessing the Site.

 

Representations and Warranties You represent and warrant that: a. you are over the age of 18 and can form a legally binding contract under applicable law. b. you have provided and will continue to provide only true, accurate, current and complete information about yourself when filling out the RHC checkout form (the "Form"). The billing address you provide to RHC on the Form should be the address and phone number your credit card bank has on file for you. c. you are not using the RHC service for any improper purpose, and you will act in good faith in your relationship with RHC. d. you have sufficient authority, if you are purchasing on behalf of a company, to bind that company to the Terms.

 

User Conduct You understand and agree that all Content is the sole responsibility of the person from whom that Content originated, which means you are responsible for all Content you post or transmit via the Site. You agree that you will not use the Site in any way to: a. transmit any Content that is harassing, unlawful, defamatory, abusive, threatening, obscene, harmful, tortious, invasive of another's privacy or right of publicity, or that infringes any copyright, trademark, trade secret, patent or other proprietary right, or that is otherwise objectionable; b. transmit viruses or other harmful, disruptive or destructive files, codes or programs; c. violate any local, state, national or international law or regulation or transmit any Content that you do not have the right to disseminate under law, or contractual or fiduciary relationships; d. interfere with, disrupt or harm in any way the Site or servers or networks connected to the Site; e. collect or store personal data about other users; f. harm minors in any way. g. transmit any unauthorized advertising, promotional materials, spam, or other type of unsolicited mass-e-mail to any party who has not agreed to be part of such mailings.

 

Information Provided by You; Privacy Policy RHC respects the privacy of its users. For more details, see our privacy policy which is incorporated herein. Orders, Payment Terms You agree that your placement of an electronic order on the RHC site is sufficient to satisfy the Statute of Frauds, and no further writing is required. Terms of payment are within RHC¹s sole discretion, and unless otherwise agreed by RHC, payment must be received by RHC prior to RHC¹s acceptance of an order. RHC may accept payment via Credit Card, including, but not limited to, Visa, MasterCard, Discover and American Express. Orders are not binding until the order is accepted by RHC. RHC may need to verify any information you provide before RHC accepts an order, and may cancel or limit an order any time after it has been placed. RHC expressly conditions it acceptance of your order on your agreement to the Terms. Invoices are due and payable within the time period indicated on the invoice. You agree to pay interest on all past-due sums at the highest rate allowed by law.

 

Returns The quality of our products is guaranteed. All items are inspected before leaving the warehouse. We rarely have returns and invite your questions prior to placing an order. In the event that something happens during transit, we will accept any damaged or defective merchandise for return, but we must be advised as soon as you receive your merchandise. If you do decide that a product does not meet design expectations, a full refund (less actual shipping fees [which in some cases may be more than actually paid]) will be issued if merchandise is returned in its original and resalable condition within 90 days; (special order items, including but not limited to Custom, Designer Rugs, Closeout Items and orders of five or more hides matched for nomenclature, markings, color or size are not refundable). Credit card orders will receive refunds in the form of a credit to their credit card, and check payments will receive a refund check. Just complete the Customer Information Request Page, and our customer service staff will work with you to arrange return/replacement. International sales, including all destinations outside the Continental United States, are final. Please note that all customs and import duties levied by the Canadian government are the sole responsibility of the buyer. If a package is returned to us due to unpaid customs or duties, the customer will be charged for any and all fees incurred. While we do accept returns of merchandise from Canadian customers, please be aware that all customs, duties, and any other fees incurred are the responsibility of the customer. Shipping Unless otherwise noted, RHC will make best efforts to ship merchandise within 2 days of the receipt of a properly completed order. However, any delivery or shipment date provided by RHC to you is RHC's good faith estimate. You understand that product availability may be limited and particular products may not be available for immediate delivery. RHC shall not be liable for any loss, damage, cost or expense related to any delay in shipment or delivery. RHC cannot ship to P.O. Boxes. Title to any product and risk of loss passes from RHC to you on shipment from RHC¹s facility. You will be charged separately for shipping and handling, and all shipping and handling charges will appear on the check-out form when you submit an order. Please note that all customs and import duties levied by the Canadian government or other government are the sole responsibility of the buyer. If a package is returned to us due to unpaid customs or duties, the customer will be charged for any and all fees incurred. While we do accept returns of merchandise from Canadian customers, please be aware that all customs, duties, and any other fees incurred are the responsibility of the customer. Flat Rate Shipping 7. 95 is standard ground shipping for all orders that ship within the 48 continental United States. Flat rate shipping does not apply to previous orders that are reshipped. Previous order reshipped are charged the actual shipping cost and Flat Rate shipping will not apply. Flat Rate Shipping is available only in the continental 48 states. Is not valid with any other offer, including, but not limited to, orders that have been discounted, Close Out, Distributor or Wholesale. Pricing and Sales Tax Prices are subject to change. If a discrepancy arises between the price quoted on the Site and on the check-out page, the latter will prevail. In the event a product is listed at an incorrect price due to a typographical or other error, RHC shall have the right to refuse, cancel or limit any order placed for products listed at the incorrect price, whether or not an order confirmation has been sent and/or payment has been made. If payment has already been made and your order is canceled or limited, RHC shall refund any payment you made for any item that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. RHC shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Florida*. You are solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.

 

Disclaimer of Warranties YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN REGARD TO THE SITE AND ALL CONTENT THEREON, RHC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRNTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CERTAIN WARRANTIES IN REGARD TO PARTICULAR PRODUCTS FOR SALE ON THE SITE MAY BE APPLICABLE THROUGH MANUFACTURERS' WARRANTIES, THOUGH NOT THROUGH RHC. SEE THE WARRANTIES INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS FOR FURTHER DETAILS REGARDING WARRANTIES PROVIDED BY MANUFACTURERS OF PRODUCTS AVAILABLE THROUGH THE SITE. THE CONTENT ON THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. RHC DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, PRICE AVAILABILITY OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, PRICE AVAILABILITY, OR OTHER INFORMATION SHALL BE AT YOUR SOLE RISK. RHC DOES NOT MAKE ANY WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS IN THE SITE, IF ANY, WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. SOME ITEMS MAY COME WITH A MANUFACTURER¹S WARRANTY, WHICH WILL VARY FROM PRODUCT TO PRODUCT.

 

Limitation of Liability IN NO EVENT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL RHC, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE TO ANY ENTITY FOR ANY INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARISE OUT OF OR OTHERWISE ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT OR THE SITE OR ANY LINKED WEBSITE, THE STATEMENTS OF ANY THIRD PARTY ON THE SITE, OR UNAUTHORIZED ACCESS TO THE SITE, YOUR TRANSMISSIONS, YOUR ACCOUNT OR YOUR PASSWORD, EVEN IF RHC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

 

Indemnification You agree to indemnify and hold harmless RHC, its parents, subsidiaries, affiliates, officers, directors, agents, employees, co-branders or other partners, and suppliers, from any claim, demand, action or damage, including reasonable attorney's fees, made or incurred by any third party arising out of or related to your use of the Site, any Content you transmit via the Site, or your violation of the Terms. Changes to the Terms RHC reserves the right, in its sole discretion, to change, modify, add or remove any portion of the Terms in whole or in part, at any time. Changes in the Terms will be effective when notice of such change is posted on RHC's homepage. Your continued use of the Site after any changes to these Terms are posted will be considered acceptance of those changes. You should periodically check the "Terms of Service" link on RHC's homepage to view the then current Terms. Changes to the Site RHC may, in its sole discretion, terminate, change, suspend or discontinue any aspect of the RHC Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that RHC shall not be liable therefor. Termination You agree that RHC, in its sole discretion and at any time without notice to you, may terminate your use of the Site, including without limitation, your password and account, and may remove or delete any Content on the Site or within your account, including Content you have provided to RHC or transmitted through the Site. You further agree that RHC shall not be liable for any termination of your use of or access to the Site. In the event of any termination of the Terms, or your use of or access to the Site, you agree that the provisions regarding Intellectual Property Rights, Indemnification, Disclaimer of Warranties, Limitations of Liability, and General shall survive any such termination. Storage of Content You agree that RHC may establish, in its sole discretion and without prior notice to you, a maximum amount of storage space that it will maintain for Content transmitted through the Site, and you agree that RHC has no responsibility or liability for the deletion or failure to store any messages, communications or other Content transmitted through the Site. Your Contact With Third Parties Your dealings or communications through the Site with any party other than RHC are solely between you and that third party, and RHC does not make any representations or warranties with respect to any goods, services or information which may be obtained from such third parties and RHC shall not be liable therefor. Links The Site, or third parties on the Site, may provide links to other sites and/or resources over which RHC has no control, and RHC shall not be liable for the content, advertising, products or other materials available through such other sites or resources. No Reselling of Services on the Site You agree not to sell, resell, reproduce, duplicate, copy or use for any unauthorized purposes any portion of the Site, or use of or access to the Site. International Users This Site is controlled, operated and administered by RHC from its offices within the United States of America. RHC makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Content in violation of U. S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws. Choice of Law and Forum; Arbitration The Terms shall be governed by the laws of the State of Florida, without giving effect to its conflict of laws provisions. Any claim or controversy arising in any way out of or relating to the Terms shall be filed in a court of competent jurisdiction sitting in Saint Lucie County, Florida. Both parties consent to exclusive jurisdiction in that county, provided, however that either party may elect to settle any litigation in any way arising out of or relating to these Terms of Service by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. If elected, such arbitration shall be conducted in Port Saint Lucie, Florida, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Language It is the express wish of the parties that the Terms and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais. General Except as explicitly stated otherwise, notice to RHC shall be given by postal mail to Raw Hide Company, Attn: Legal Department, Post Office Box 7392, Port Saint Lucie, FL 33485 and notice to you shall be given by an e-mail sent to the address you provided during the checkout process or through a general notice posted on RHC's homepage. In addition, RHC may give you notice by certified mail to the postal address provided during the checkout process. Postal notice shall be deemed given 3 days after the date of mailing. E-mail notice shall be deemed given 24 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. The Terms constitutes the entire agreement between RHC and you with respect to your use of the Site. Any cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitations to the contrary. If for any reason a court of competent jurisdiction finds any provision of the Terms or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect. Any failure by RHC to enforce or exercise any provision of the Terms or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms are purely for convenience and carry with them no legal or contractual effect.