ONLINE STORE TERMS OF USE

Welcome to the online store of Mills e-Commerce Enterprises, Inc. d/b/a Mills Fleet Farm ("Mills"). Mills is pleased to make the online store located at http://www.fleetfarm.com available for your use and benefit. By using the Site you agree to be bound by the Terms of Use set forth below. Use of this Site is strictly voluntary. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately log off the Site and may not use the Site.

Collection Of Visitor Information On This Site

Any information collected at this Site is governed by the Privacy Policy, unless otherwise stated. To access and use certain services available through the Site, you may be required to register with Mills through the Login/Registration page and you must agree to be bound by any additional applicable terms and conditions.

Copyright

All software and content included on this Site or used in the operation of this Site, such as text, graphics, logos, button icons, images, audio and/or visual clips, and software, is the owned or licensed property of Mills or its software and content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Mills and protected by U.S. and international copyright laws. Mills grants you permission to view and use content and software made available to you on the Site in connection with your own personal, noncommercial use of the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content and software on this Site is strictly prohibited.

Digital Millennium Copyright Act (DMCA)/Copyright Policy

Mills respects the intellectual property rights of others. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of others.

Notice for Claims of Intellectual Property Violations and Agent for Notice

Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail

Attn: Copyright Agent
Mills E-Commerce Enterprises, Inc.
14858 Dellwood Drive
Suite 200
Baxter, Minnesota 56425
United States

By phone
(920) 997-8396

By fax
(920) 731-9488

By email
copyrightagent@millsfleetfarm.com

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with a notice containing the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on our website, with enough detail that we may find it on the website;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Trademarks

The trademarks, service marks, trade dress, and "look and feel" (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Mills and others. Nothing on this Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this Site, without the prior written permission of the Trademark owner. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.

Accuracy

Information on this Site may contain typographical errors, inaccuracies, or omissions in relation to product descriptions, pricing, and availability.

Mills reserves the right to: (i) discontinue the sale of any product listed on this Site at any time without notice; and (ii) correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after an order has been submitted and accepted). If Mills discovers price errors, they will be corrected on Mills' systems, and the corrected price will apply to your order.

Please note that because the colors you see will depend on your monitor, Mills cannot guarantee that your monitor will display the exact color of an item displayed.

Charges And Fees

You authorize Mills and any payment processing service provider it may engage to charge your credit card for any products, or services you purchase through your use of this Site. You represent and warrant that you are the only one who will use your credit card in connection with this Site, and you shall be responsible for any and all uses of your credit card.

Product Orders

The prices displayed on this Site are quoted in U.S. Dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.

Risk Of Loss

All items purchased from this Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon Mills' delivery to the carrier.

Acceptance Of Orders

The receipt of an order confirmation does not guarantee the acceptance of an order, nor does it constitute confirmation of Mills' offer to sell. Mills reserves the right at any time to limit the quantity of items ordered and/or refuse to sell to any customer.

Returns Policy

You can return online purchases that are in new, unused and resalable condition to our return center by parcel post or UPS within 60 days of the date you received your order. We do not accept returns on items such as undergarments, swimwear, DVDs, videos, books, items denoted as hazardous on your packing slip, items containing gasoline or oil, customized or personalized merchandise and special orders.

Please follow the return instructions provided on the back of your packing slip. Remember to enclose a copy of your packing slip with your return.

If you need help with a return or do not have your packing slip, contact us.

Please allow up to 14 business days for your return to be processed. Your refund will be credited back to the credit/debit/check card used to pay for your order. If you paid using a gift card, a new gift card will be issued to you in the amount of the return.

Links To Other Web Sites

This Site may contain links to other web sites. Additionally, other web sites may contain links to this Site. Mills does not review or monitor the web sites linked to this Site and Mills is not responsible for the contents of any other web sites. Any link established by Mills does not in any respect whatsoever constitute an endorsement of the other web sites or create a relationship between Mills and the operators of other web sites. Mills disclaims any liability with respect to your use of any other web site, and you release Mills from any liability related to your use of any link to another web site or your use of any other web site. Where this Site contains a link to another web site owned and/or operated by Mills, such web site use may be subject to different and additional terms of use and privacy policy terms and conditions.

Disclaimer Of Warranties And Limitation Of Liability

Any manufacturer's warranties that may be disclosed in the packaging of a product sold to you through the Site are warranties made solely by the manufacturer directly to you, and Mills has no responsibility for complying with those warranties. If you wish to receive warranty service or otherwise make a claim against the manufacturer's warranty, please see the information provided within the manufacturer's warranty statement for instructions on how to make your claim — Mills cannot process or assist you with a claim made against a manufacturer's warranty. If you wish to review the manufacturer warranty for any item available for sale through this Site prior to your purchase, you may call Customer Service at 1-877-633-7456 or email us and ask to receive a copy of the applicable manufacturer warranty, which we will provide to you at no charge. If you e-mail us, please include your name, your address, the name of the item, and the product number, if applicable.

THIS SITE AND ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS, WITH ALL DEFECTS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND MILLS MAKES NO REPRESENTATION THAT THE SITE OR ANY CONTENT ARE FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. FURTHER, MILLS MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. MILLS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, AVAILABILITY, TEXT OR PHOTOGRAPHY. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT SUCH USE IS AT YOUR SOLE RISK.

IN NO EVENT SHALL EITHER MILLS OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Under no circumstances whatsoever shall Mills' aggregate liability resulting from your use of this Site exceed Five Dollars ($5.00).

Prohibited Activities And Visitor Obligations

As a visitor to this Site you shall not:

  1. violate any applicable local, state, national or international statute, regulation, or law;
  2. upload, post, use, or otherwise make available, including by e-mail, any content or information that is false or inaccurate;
  3. upload, post, use, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or content that could otherwise be considered to be objectionable;
  4. impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
  5. engage in any activities or manipulate identifying material to misrepresent the origin of content;
  6. upload, post, use, or otherwise make available any content that is subject to any disclosure restrictions;
  7. upload, post, use, or otherwise make available any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other proprietary rights;
  8. upload, post, use or otherwise make available any unsolicited or unauthorized advertising or promotional materials, including without limitation, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  9. use the Site to disseminate any information or content, including by e-mail, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or information or content that could otherwise be considered to be objectionable;
  10. upload, post, use or otherwise make available any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
  11. interfere with or otherwise limit the use of this Site by other users; or collect, compile, or store personal information about other users of this Site;
  12. disrupt or interfere with the security of, or otherwise cause harm to, this Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through this Site or any affiliated or linked sites; or
  13. use this Site for commercial purposes.

Indemnification

You agree to indemnify, defend, and hold Mills and its successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys' fees that it shall incur or suffer which relate to your use of this Site, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.

Changes To Terms Of Use

These Terms of Use may be changed without notice. Any use of this Site following the date on which changes to these Terms of Use or the Privacy Policy are published on this Site shall constitute your acceptance of all such changes. You expressly agree that Mills shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Use or the Privacy Policy.

Continued Operation, Accessibility, And Maintenance Of This Site

Mills may modify, change, suspend, terminate or discontinue the operation of this Site or the provision of any services without notice and Mills reserves the right to refuse service to anyone at any time, with or without cause.

Your Account

If you use this 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. Mills reserves the right, without notice and in its sole discretion, to refuse service, terminate accounts, remove or edit content, or cancel orders.

General Provisions

Mills makes no representation or warranty that the products or services advertised or offered on this Site will be available at all times, or that they will be available on the basis of any indicated terms or conditions.

Any failure by Mills to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce same.

These Terms of Use shall be governed by the laws of the State of Minnesota without giving effect to any principles or conflicts of laws. For the purpose of resolving conflicts relating to or arising out of these Terms of Use, or arising out of any other dispute or claim associated with Mills, venue shall be in the State of Minnesota only and, in addition, you hereby consent to the exclusive jurisdiction of the federal and state courts in the State of Minnesota.

If any portion of these Terms of Use are held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use.

Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction.

You are responsible for compliance with applicable laws.

Contact

For questions or comments related to this Site or these Terms of Use, please call Customer Service at 1-877-633-7456 or email us at cs@fleetfarm.com. Mills shall have no confidentiality obligations with respect to any comments, suggestions, and materials you send Mills. Any and all comments, suggestions, and materials you send Mills shall become its exclusive property; and you hereby transfer, sell, and assign to Mills all of your right, title, and interest in and to any such comments, suggestions, and materials, including without limitation, any and all copyrights, trademarks, patents, trade secrets and other proprietary rights.

© Mills e-Commerce Enterprises, Inc. 2011 - All Rights Reserved