SITE TERMS OF USE

Last updated on March 30, 2018

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 https://www.fleetfarm.com available for your use and benefit (the “Site”). 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.
 

THIRD PARTY SITES

These Terms of Use does not apply to any other Site owned or operated by any third party retailer, supplier or service provider; even if such third party links to a Site owned by Mills or Mills links to that third party Site. Accordingly, these Terms of Use does not apply to the practices of any third party, affiliate, or business partner that Mills does not own or control. Additionally, the owners of social media services may have additional terms and conditions that supersede these Terms of Use depending on a user's own personal preferences with that social media provider.  You acknowledge that Mills does not control such third party Sites and is not responsible for any content, services, products or practices of such third parties.

CHANGES TO TERMS OF USE

Mills reserves the right to change these Terms of Use in its sole discretion without advance notice.  Changes to these Terms of Use become effective on the date when the updated Terms of Use are published on a Site.  By using the Site after a change in the Terms of Use, you agree to follow and be bound by the Terms of Use as amended. 

MODIFICATIONS TO SITES, PRODUCTS AND SERVICES

Mills reserves the right to modify in whole or in part, or temporarily or permanently discontinue, any Site or any products, services or content contained on a Site for any reason and at any time and without notice to you.  Should you be unable to locate an item you saw on a previous visit to our Sites, please contact our Customer Service department and we will make every effort to meet your needs. 

SITE AVAILABILITY

Mills periodically schedules system downtime for maintenance and other purposes and the Site may be unavailable due to unplanned system outages or circumstances outside of Mills' control.  Mills shall have no liability to any user or third party whatsoever for the resulting unavailability of a Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, or non-delivery of information caused by such system outages.

PRODUCT DISPLAY

Mills has made every effort to accurately display the products featured on the Sites. However, the colors we use and the capabilities of your computer monitor will affect the colors you see on your screen. We cannot guarantee that your monitor's display of any color, texture, or merchandise details will be accurate. 

SITE ERRORS

We attempt to provide the most recent, accurate, and reliable information on our Sites. However, there may be occasions when information featured on our Sites may contain typographical errors, incomplete data, inaccuracies, or items featured on the Sites that are no longer in stock. We do not warrant that the information accessible via these Sites is accurate, complete or current.  Any errors are unintentional and we reserve the right to correct errors and to update product information at any time. 

SECURITY

The Sites may utilize both secure and non-secure sections and pages.  Mills uses commercially reasonable security protocols to protect the transmission of data submitted using the secure portions of the Site.  Before submitting any sensitive data using the Site, be sure your web browser displays a secure web address beginning with "https://..."  Mills cannot guarantee that unauthorized third parties will never be able to defeat the security measures employed by Mills.  Although we cannot guarantee that our systems are 100% secure 100% of the time, we periodically update our technology in order to improve the protection of customer information.

USE OF THE SITES

You agree to use the Sites only for lawful purposes.  You agree not to do any of the following: (a) communicate to Mills or upload to or transmit on a Site any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (b) use a Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (c) intercept or attempt to intercept electronic mail not intended for you; (d) misrepresent an affiliation with any person or organization; (e) restrict or inhibit use of a Site by others; (f) upload or otherwise transmit files that contain a virus or corrupted data; (g) collect information about others (including email addresses) without their consent (h) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over a Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on a Site); (i) post "spam", transmit chain letters or engage in other similar activities; or (j) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of a Site, or which, as determined by Mills, may harm Mills or users of a Site or expose them to liability.

You understand and acknowledge that you are responsible for whatever content you submit, and you, not Mills, have full responsibility for such content, including its legality, reliability and appropriateness.  By uploading or otherwise transmitting material to Mills or to any area of a Site, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to communicate it to Mills and/or post it to a Site.  You grant to Mills the right to use all content you upload or otherwise transmit to Mills or a Site in any manner Mills chooses, including, but not limited to, copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.

Mills reserves the right, but does not assume any responsibility, to (a) remove any material posted on a Site which Mills, in its sole discretion, deems inconsistent with the foregoing commitments, including any material Mills has been notified, or has reason to believe, constitutes a copyright infringement; and (b) terminate any user’s access to all or part of a Site.  However, Mills can neither review all material before it is posted on a Site nor ensure prompt removal of objectionable material after it has been posted.  Accordingly, Mills assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Mills reserves the right to take any action it deems necessary to protect the personal safety of users of a Site and the public; however, Mills has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

Your failure to comply with the above provisions may result in the termination of your access to the Mills Site and may expose you to civil and/or criminal liability.

USER FEEDBACK AND PRODUCT REVIEWS

Portions of the Sites may allow users to submit product reviews and Mills welcomes user and customer comments regarding the Sites and Mills products and services.  However, any non-personal information you transmit to Mills through a Site is not, and will not be treated as private, confidential or proprietary.  We may make unrestricted use of any non-personal information you transmit to Mills through a Site.

Should you post any review on a Site, you grant Mills and its third party marketing and advertising partners the right to use, publish, republish, and distribute that review, or portions thereof, online, in product catalogs and other marketing and advertising materials.

UNSOLICITED IDEAS

Mills welcomes feedback, questions and comments about its products, services and its Sites.  As a general policy, Mills does not accept unsolicited ideas for products or services through the Sites.  All communications and other materials (including, without limitation, unsolicited ideas, photographs, drawings, suggestions, or materials) you send to a Site by e-mail or otherwise will upon submission become the sole and exclusive property of Mills and may be used by Mills for any purpose whatsoever, commercial or otherwise, without compensation to you.

ACCOUNT AND MEMBERSHIP INFORMATION

Certain portions of the Sites may allow you to set up an account or subscribe to certain features or benefits, including creating a unique user name and password or providing certain personal information.  By joining, subscribing or submitting information to Mills through a Site, you expressly agree to (a) keep your login and password information confidential; (b) ensure that any person accessing your account is aware that the account is subject to these Terms of Use; (c) supervise and be responsible for any use of your account; (d) promptly change your login information if you believe that an unauthorized person has access to your login information.

Furthermore, by joining, subscribing or submitting information to Mills through a Site, you expressly grant Mills, its affiliate, or third party service provider the right to communicate with you via e-mail, mail, fax or telephone.

You are also responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.  Mills reserves the right to suspend or cancel any user account for any other reason in its sole and absolute discretion.

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 MILLENIUM 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, LLC. 
512 Laurel Street 
Brainerd, Minnesota 56401 
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 Site, with enough detail that we may find it on the Site;

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 owners behalf.

WARRANTY AND LIABILITY DISCLAIMERS

Mills does not assume any liability for the materials, information and opinions provided on, or available through, the Site (“Content”).  Reliance on the Content is solely at your own risk.  Mills disclaims any liability for injury or damages resulting from the use of any Site Content.

THE SITES, THE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH ANY SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS.  NEITHER MILLS NOR ANY PERSON ASSOCIATED WITH MILLS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF ANY SITE.  SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER MILLS NOR ANYONE ASSOCIATED WITH MILLS WARRANTS OR REPRESENTS THAT ANY SITE, ITS CONTENT OR THE SERVICES PROVIDED ON OR THROUGH SUCH SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  MILLS DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

LIMITATION ON DAMAGES

IN NO EVENT WILL MILLS OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, ANY SITE, ITS CONTENT, ANY SERVICES PROVIDED ON OR THROUGH SUCH SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN ANY SITE OR ITS CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY MILLS AND WHETHER OR NOT MILLS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
 

IF YOU HAVE A CLAIM AGAINST MILLS THAT ARISES OUT OF THESE TERMS OF USE OR IS OTHERWISE RELATED TO THE SITE, THEN IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MILLS TO YOU BE MORE THAN THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID MILLS FOR SERVICES RELATED TO THE SITE OVER THE PRECEDING TWELVE (12) MONTHS; OR (B) $100.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Mills and its affiliates and subsidiaries; and their respective officers, directors, owners, agents, employees, affiliates, licensees and licensors, from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Sites in violation of any of these Site Terms of Use. 

GOVERNING LAW AND JURISDICTION

This Policy shall be governed and interpreted in accordance with the laws of the United States and the State of Wisconsin.