NET Services, LLC / Fly Crate Terms and Conditions
These terms of service (“agreement”) are a legal agreement between you (“you”, “your”, or “customer”) and NET Services, LLC / Fly Crate. (“we” or “The Fly Crate”), the owner and operator of the theflycrate.com website (the “site”). This agreement states the terms and conditions that govern your use of the site and the products sold on it and memberships sold to it. By accessing and using the site, you are indicating that you accept, and agree to comply with, this agreement. If you do not accept this agreement, you are not permitted to, and you must not, access or use the site or purchase products from, or memberships to, the site. Pricing information is subject to change without notice. By signing up for a Membership (as defined below), you represent, acknowledge and agree that you are at least the age of majority in your jurisdiction of residence, or if you are under the age of majority in your jurisdiction of residence, that you are at least 13 years old, and that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement. If you are a parent or legal guardian who is registering on behalf of a minor, you hereby agree to bind said minor to this Agreement and to fully indemnify and hold harmless The Fly Crate if said minor breaches or disaffirms any term or condition of this Agreement.
1 – Changes to Terms, Personal Information/Privacy
1.1 – Changes to the Site The Fly Crate may add to, change or remove any part of the Site, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you.
2 – Passwords; Use of Site
2.1 – Passwords You will be required to register and create an account by providing your email address and a password. You are responsible for maintaining the confidentiality of your password, and you are responsible for all activities that occur using your email and password. You agree not to share your password, let anyone else access your account or do anything else that might jeopardize the security of your passwords or account. You agree to notify The Fly Crate if there is any unauthorized use of your password or account on this Site or if you know of any other breach of security in relation to this Site.
2.2 – Use of Site; Prohibitions Subject to your compliance with this Agreement, The Fly Crate hereby grants you a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive license to access the Site and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed on the Site (collectively, the “Content”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, create derivate works from or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Site and Content automatically terminates without notice to you. You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Site or Content or otherwise attempt to gain unauthorized access to any portion of the Site or Content or any other systems or networks connected to the Site, or to any server of The Fly Crate or its third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or with any other person’s use of the Site; (d) track or seek to trace, harvest or compile any information on any other person who visits the Site; (e) use the Site or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site or Content.
3 – Terms of Sale
3.1 – Sales of Products and Memberships to End Users Only If you are interested in purchasing wholesale quantities or in the private branding of our Products, please email us directly at firstname.lastname@example.org for more information. We reserve the right to limit the quantity of memberships purchased per person, per household or per order. The Membership and all rights and privileges conferred are personal and non-transferable.
3.2 – Pricing Memberships are offered by The Fly Crate through the Website are only an offer to conclude a sales contract. The sales contract is only concluded upon the confirmation of the order by e-mail by The Fly Crate to You. The price of a product as shown on the Website does not include any applicable taxes or shipping. The total price of your order will be reflected on our final checkout page. An order receipt shall be sent to the email address you provided during sign up showing the final total price as well. The net price for Products and Memberships can be found on The Fly Crate then-current pricing page located on the Site at: http://thebeardclub.com/join/base. The Fly Crate reserves the right to change the prices and fees for Products and Memberships at any time, and does not provide price protection or refunds in the event of promotions or price decreases.
3.3 – Refund Policy If you are dissatisfied with the Product for any reason, The Fly Crate will refund the amount paid for your most recent month of service. Refund requests must be made directly to The Fly Crate at email@example.com. All refund requests must be made within thirty (30) days of the date of delivery by The Fly Crate. In response to your refund request, The Fly Crate will credit the amount paid for the returned Product (less any shipping and handling costs and fees related to the original purchase, which are nonrefundable) to the credit card you used to make the original purchase. Notwithstanding the foregoing, The Fly Crate does not control when a specific credit card company processes a chargeback transaction. You are responsible for contacting your credit card company if you have questions about the status of the chargeback. The Fly Crate shall in its sole discretion provide a refund for a request that is received by The Fly Crate more than thirty (30) days after the date of original delivery. The Fly Crate also does not provide a refund for returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use. If Products are damaged as a result of shipping complications or you believe there was a mistake in fulfillment. Please contact us at firstname.lastname@example.org immediately and we will work to resolve the issue. In the case of damage, please provide pictures if possible for our records.
Apparel Refund Policy
The Fly Crate does not accept Returns or Refunds on our Apparel line which includes the following products: T-shirts, Hat’s. If you receive what you think to believe is a defective product, please contact us at email@example.com.
3.4 – Payment Methods: Membership Terms and Membership Cancellation Policy
The Fly Crate accepts the following forms of payment: (i) Credit Card (Visa, MasterCard, and American Express) and (ii) debit card.. You agree to pay all fees charged to your account based on The Fly Crate’s fees, charges, and billing terms in effect as shown on the payment page when you first sign-up for a Membership to the Site. As stated previously and for purposes of clarification, the price of a product as shown on the Website is the NET PRICE of the product not including any applicable taxes. The total price of your order will be reflected on Our final checkout page. An order receipt shall be sent to the email address you provided during sign-up showing the final total price of the Membership as well. You are responsible for paying the amount reflected on Our final checkout page. If you do not wish to pay the final amount reflected on Our final checkout page you are welcome to not sign up for Our Membership. Any applicable taxes shall be based on the address that you provide as the shipping address when you register for a Membership. You authorize The Fly Crate or the third party payment processing service provider that we engage to charge your credit card for any such taxes and fees. All payments shall be made by credit card in advance prior to shipping the Products. You represent and warrant that you are the cardholder of the credit card used. If your credit card is rejected by the card issuer, if you do not pay on time or if your credit card cannot be charged for any reason, The Fly Crate reserves the right to either suspend or terminate your account and Membership. All sales and payments will be in United States Dollars.
IMPORTANT NOTICE TO CONSUMER: The Fly Crate Membership is a month-to-month, cancel-at-any-time membership. We automatically renew your membership based on your subscription terms (monthly, 3-month, 6-month, 12-month). Your Membership is billed based on the set subscription terms and may be cancelled at any time by logging on to your account within theflycrate.com or by emailing us at firstname.lastname@example.org. For prepaid memberships (3-month, 6-month, 12-month), the remainder of your membership packages will continue to be sent even after cancellation with no renewal. To cancel a Membership, please login to your account on the Site and select the “Membership Options” link at the bottom of the page, then follow instructions towards cancellation. All cancellation requests must be received 3 (three) days prior to your monthly account renewal. If you have any problems, please email email@example.com. The Fly Crate requires
3.5 – Shipping and Product Acceptance The shipment date will be determined according to whichever date is closer to the date of the Customer’s first purchase date. Shipping dates are estimates only. The risk of loss and title for all Products purchased via the Site pass to the Customer upon delivery of the item to the carrier.
3.6 – Correspondence With Members Any and all correspondences sent, issued, expressed, or transmitted by The Fly Crate or any of its affiliates to You shall strictly be in the English language. Correspondences shall include but not be limited to The Fly Crate mailing envelopes and/or boxes, postcards, business cards, and any and all other mailings including but not limited to electronic mail.
4 – Proprietary Rights
You hereby acknowledge and agree that The Fly Crate or its licensors own all legal right, title and interest in and to the Site and Content, including, without limitation, any and all intellectual property and other proprietary rights which subsist in the Site and Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist. Other, names and logos on this Site are the property of their respective owners. Unless otherwise specified in this Agreement, all information and screens appearing on this Site, including Content, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of The Fly Crate and contracted partners. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
5 – Third Party Sites; Indemnification
5.2 – Indemnification You hereby agree to defend, indemnify and hold each of the The Fly Crate Parties harmless from and against, any and all losses, liabilities, damages, and/or claims (including, without limitation, attorneys’ fees and costs) arising from your breach of this Agreement, or otherwise arising from your (or anyone acting under your password) use or misuse of the Site, Content or Products.
The laws of certain jurisdictions do not allow the exclusion or limitation of legal warranties and the exclusion or limitation of representations made concerning goods or services. If these laws apply to you, some or all of the below exclusions or limitations may not apply to you. The site, content, products and memberships are furnished to you without warranties, representations or conditions, statutory or otherwise, of any kind. The Fly Crate, on behalf of itself and its affiliates, licensors, suppliers and third party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the “The Fly Crate parties”): (a) expressly disclaims all representations, warranties and conditions, whether express, implied or statutory, including, without limitation, the implied warranties of non-infringement, title, merchantability, and fitness for a particular purpose; (b) does not represent or warrant that the site, content, products or memberships will meet your requirements, or that the operation of the site or content will be timely, uninterrupted, stable, or secure; (c) does not represent or warrant that the site, content, products or memberships will be error-free or that any defects will be corrected; (d) does not represent and warrant that the site will be free of viruses or other harmful components; and (e) does not make any representations, warranties, or conditions regarding the use of the use of the site, content or products in terms of their accuracy, reliability, timeliness, completeness, or otherwise. Your use of the site, content, products or memberships is entirely at your own discretion and risk and you assume total responsibility for your use of the site, content, products and memberships. This limitation of remedies is a part of the bargain between you and The Fly Crate. No oral or written information or advice given by The Fly Crate or any person on behalf of The Fly Crate shall create a warranty or condition, or in any way change this exclusion of warranty.
6 – Limitation of Liability
The laws of certain jurisdictions do not allow the exclusion or limitation of liability or of certain damages. If these laws apply to you, some or all of the below exclusions or limitations may not apply to you, and you might have additional rights.
6.1 – in no event shall any The Fly Crate party be liable to you, or any third party, for any special, indirect, incidental, punitive, exemplary, reliance, or consequential damages of any kind, including, but not limited to, property damage, loss of value of the products or loss of use of the products, whether based on breach of any express or implied warranty or condition, breach of contract or tort (including, without limitation, negligence or strict liability), even if a The Fly Crate party has been advised of the possibility of such damages. 7.2 – if, notwithstanding the foregoing, a The Fly Crate party is found to be liable to you or any third party for any damage or loss which arises under or in connection with your use of the site, content, products or memberships, the relevant The Fly Crate party’s total cumulative liability shall in no event exceed the greater of: (a) the amount you paid The Fly Crate for the products or membership, as applicable; and (b) the sum of one hundred us dollars (us$100).
7 – Dispute and Arbitration; Class Action Waiver; Choice of Law 7.1 – Dispute and Arbitration; Class Action Waiver
7.1(a) – United States United States Please read this carefully. It affects your rights. Summary: Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at firstname.lastname@example.org or The Fly Crate, The Fly Crate 1403 Weaversville Rd, Northampton, PA. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute we have with you after attempting to do so informally), we each agree to resolve those disputes arising out of this Agreement (other than those related to The Fly Crate’s enforcement and protection of its name and intellectual property rights) through binding arbitration or small claims court instead of in courts of general jurisdiction. This includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third party vendors) whenever you also assert claims against us in the same proceeding.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. The arbitrator must follow this Agreement and can award the same damages and relief that a court can award.
We each also agree that this Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply (despite the choice of law provision in Section
7.2 below). Any arbitration under this agreement will take place on an individual basis; class arbitrations and class actions are not permitted. Neither you nor The Fly Crate has the right to act as a class representative or class representative or participate as a member of a class of claimants with respect to any claim.
All disputes relating in any way, directly or indirectly, to The Fly Crate for breach of contract, breach of fiduciary duty, negligence, personal injury, intentional torts or other tort will be arbitrated according to the rules of the American Arbitration Association (AAA), including any dispute about the scope of this arbitration agreement, and including all questions about the types of disputes that are subject to this arbitration agreement, all of which you agree will be decided by the arbitrators, whose decision will be final and binding on you. Any issue concerning the extent to which a dispute is subject to arbitration, or concerning the applicability, interpretation or enforceability of this Agreement, including any contention that all or part of this agreement is invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators. You acknowledge and agree that, in any arbitration proceeding, no depositions will be taken, and all other forms of discovery of facts will be limited to those things that the arbitrators determine, in their sole discretion, to be necessary. Further, in any arbitration proceeding, (i) there shall be no award of punitive, exemplary, incidental or consequential or other special damages, and (ii) the parties will conduct the arbitration confidentially and expeditiously and will pay their own costs and expenses of arbitration, including their own attorneys’ fees. If you are unable to afford the AAA fee, you agree to notify all persons against whom you have an arbitrable claim and give such persons the opportunity individually and as a group to pay such fee. The proceeding and the decision shall be kept confidential by the parties.
7.1 – Choice of Law Unless the applicable laws of your, require that the laws of that jurisdiction govern, in which case, the laws of such jurisdiction are to govern, this Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of Pennsylvania, without regard to its conflicts of laws rules. Arbitration or court proceedings must be in Northampton County, PA. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.
8 – Electronic Communications
8.1 – Electronic Communications Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically regarding administrative or account information. Since these administrative or account electronic communications are essential to the successful and effective functioning of your Membership the sole remedy to opt-out is to cancel your account. You may cancel your account either by logging into your account or by emailing a request to email@example.com. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Site or by such other means as we may determine from time-to-time. 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, to the extent permitted by applicable law. General Terms
Fly Crate Messaging Terms & Conditions
This SMS message program is a service of Fly Crate. By providing your cell phone number, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., SMS/MMS cart reminders, sale notices, etc) from Fly Crate. These messages include text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. You give Fly Crate permission to send text messages to the enrolled cell phone number through your wireless phone carrier, unless and until you end permission per these Terms & Conditions. Consent to receive automated marketing text messages is not a condition of any purchase. Message & data rates may apply.
Message frequency may vary. Fly Crate reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Fly Crate also reserves the right to change the short code or phone number from which messages are sent and we will notify you if we do so.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Fly Crate, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
Text the keyword STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message to cancel. After texting STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message you will receive one additional message confirming that your request has been processed. If you change your preferences, it may take up to 48 hours for it to take effect. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Fly Crate and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Fly Crate through any other programs you have joined until you separately unsubscribe from those programs.
Help or Support
Text the keyword HELP to the telephone number, long code, or short code that sends you our initial confirmation message to receive a text with information on how to unsubscribe.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE MESSAGING PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL EITHER OF Fly Crate OR ANY PARTY ACTING ON BEHALF OF Fly Crate BE LIABLE FOR: (A) ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF THE AMOUNT YOU PAID TO Fly Crate HEREUNDER OR $100.00; OR (B) ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES. YOU AGREE EVEN IF Fly Crate HAS BEEN TOLD OF POSSIBLE DAMAGE OR LOSS ARISING OR RESULTING FROM OR IN ANY WAY RELATING TO YOUR USE OF THE Fly Crate MESSAGING PROGRAM. Fly Crate AND ITS REPRESENTATIVES ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DELAYS OR NON-DELIVERY IN THE TRANSMISSION OF MESSAGES.
To the maximum extent allowed by applicable law, you agree to indemnify, defend and hold harmless Fly Crate, its directors, officers, employees, servants, agents, representatives, independent contractors and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses, including reasonable attorneys’ fees, judgments or penalties of any kind or nature arising from or in relation to the these Messaging Terms or your receipt of text messages from Fly Crate or its service providers.
- General. Any dispute or claim arising out of or in any way related to these Messaging Terms or your receipt of text messages from Fly Crate or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a dispute or claim arises will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Fly Crate ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY ARBITRATION.
- Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Fly Crate to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
- Arbitrator. Any arbitration between you and Fly Crate will be governed by the JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- No Class Actions. YOU AND Fly Crate AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Fly Crate agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. You agree that, by agreeing to these Messaging Terms, you and Fly Crate are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
- No Class Actions. YOU AND Fly Crate AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Fly Crate agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Fly Crate makes any future change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Fly Crate’s contact information provided in the “Contact Us” section below, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Fly Crate.
- Enforceability. If any provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
Changes to the Messaging Terms
We reserve the right to change these Messaging Terms or cancel the messaging program at any time. By using and accepting messages from Fly Crate after we make changes to the Messaging Terms, you are accepting the Messaging Terms with those changes. Please check these Messaging Terms regularly.
These Messaging Terms, together with any amendments and any additional agreements you may enter into with us in connection herewith, will constitute the entire agreement between you and Fly Crate concerning the Messaging Program.
Please contact us with any inquiries or concerns at firstname.lastname@example.org or write to us at: 1403 Weaversville Road, Northampton, PA 18067.