INTRODUCTION Bax Evolutions, LLC maintains this web site, prohuntershop.com for the personal enjoyment, information, education, communication, and product purchase of its customers and the public. We invite you to visit frequently, browse through our pages, and submit correspondence, where applicable.
GENERAL These General Terms and Conditions of Use ("Terms") are entered into by and between you and Bax Evolutions, LLC, a Missouri based Company (prohuntershop.com site for on-line retail services). In consideration of your use of and access to this Internet site (the "prohuntershop.com site"), and the promises and obligations herein, and intending to be legally bound, you and Bax Evolutions, LLC hereby agree as follows: Your access to and use of the prohuntershop.com site is subject to these Terms, as well as any modifications issued by Bax Evolutions, LLC to these Terms, and all applicable laws and regulations. BY USING THE prohuntershop.com site, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the prohuntershop.com site. Among other things, the prohuntershop.com site provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided in the prohuntershop.com site in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within the prohuntershop.com site contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.
CHANGES IN TERMS BAX EVOLUTIONS, LLC shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the prohuntershop.com site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the prohuntershop.com site. You are responsible for reviewing the prohuntershop.com site periodically for any modification to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by Bax Evolutions, LLC to these Terms. ANY ACCESS OR USE OF THE PROHUNTERSHOP.COM SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than Bax Evolutions, LLC shall be valid or enforceable against Bax Evolutions, LLC unless expressly agreed to by Bax Evolutions, LLC in a writing signed by a duly authorized officer of Bax Evolutions, LLC.
TERMINATION These Terms are effective until terminated by Bax Evolutions, LLC. Bax Evolutions, LLC may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access prohuntershop.com site, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. Bax Evolutions, LLC shall also have the right without notice and at any time to terminate the prohuntershop.com site or any portion thereof, or any products or services offered through the prohuntershop.com site, or to terminate any individual's right to access or use the prohuntershop.com site or any portion thereof. Business Transitions – In the event Bax Evolutions, LLC goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users’ personal information will, in most instances, be part of the assets transferred. Users will be notified via email and prominent notice on our Web site for 30 days prior to a change of ownership or control of their personal information. If as a result of the business transition, the users’ personally identifiable information will be used in a manner different from that stated at the time of collection they will be given choice consistent with our notification of changes section.
CONTENT The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the prohuntershop.com site, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content." The Content may contain errors, omissions, or typographical errors or may be out of date. Bax Evolutions, LLC may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Bax Evolutions, LLC in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Bax Evolutions, LLC or by third parties that have licensed their use to Bax Evolutions, LLC, an/or links to other companies that are not affiliated with Bax Evolutions, LLC. You may view and use the Content only for your personal information and for shopping and ordering on the prohuntershop.com site, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Bax Evolutions, LLC does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the prohuntershop.com site, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in writing signed by Bax Evolutions, LLC, is strictly prohibited.
RESTRICTED ITEMS Federal, State or Local law may restrict some of the products available from Bax Evolutions, LLC. We do not authorize nor grant the right to purchase products, which may be regulated in your area.
METHOD OF PAYMENT Visa, Master Card, Discover, and American Express credit cards are accepted. Or payment can be made through PayPal, Inc. To set up an account go to http://www.paypal.com. It is the responsibility of the customer to agree with all terms and conditions of PayPal, Inc. See user agreement at http://www.paypal.com/cgi-bin/webscr?cmd=p/gen/ua/ua-outside.
Making Purchases If the customer wishes to make purchases of products or services described on this web site, the customer may be asked by the applicable merchant or service provider to supply certain information, including but not limited to credit card or other payment information. That customer agrees that all information that you provide to any such merchant or service provider will be accurate, complete and current. The customer agrees to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. The customer will also be responsible for paying any applicable taxes relating to your purchases. Moreover, the customer agrees to review and to comply with the terms and conditions of any specific agreement that you enter into with the merchant and/or service provider in connection with the licensing or purchase of any product or service.
MISSOURI SALES TAX 4.725% will be added to all orders.
BACKORDERS We do accept backorders. Any backorder less than 30 days old will be shipped without notification. Backorders for less than $15 will be cancelled.
PRICES/ORDER All prices displayed on the prohuntershop.com site are quoted in U.S. dollars. Bax Evolutions, LLC may restrict delivery to addresses within the United States and Canada. Bax Evolutions, LLC will add shipping and handling fees and applicable sales/use tax. Bax Evolutions, LLC reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the prohuntershop.com site without incurring any obligation to the customer. Products displayed on this site are available while supplies last. Descriptions of, or references to, products or services on the prohuntershop.com site do not imply endorsement of that product or service, or constitute a warranty, by Bax Evolutions, LLC. The receipt by the customer of an order confirmation does not constitute Bax Evolutions, LLC acceptance of an order. Prior to Bax Evolutions, LLC acceptance of an order, verification of information may be required. Bax Evolutions, LLC reserves the right at any time after receipt of an order to accept or decline your order, or any portion thereof, even after receipt of an order confirmation from Bax Evolutions, LLC, for any reason. Bax Evolutions, LLC reserve the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, Bax Evolutions, LLC shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed.
SHIPPING/FREIGHT Freight is prepaid to the 1st 48 states on regular ground service only. Orders shipping to AK & HI, or any customer requesting a different ship via than UPS or FedEx ground will pay actual freight & insurance. We reserve the right to ship by UPS, FedEx, commercial truck or Parcel Post. Each order will have a Non-Refundable $5.95 handling and insurance charge added, excluding AK & HI orders or any order where the customer pays actual freight & insurance. This charge is per order. If items are backordered there will NOT be another $5.95 charge. Orders will be processed within 4-6 business days.
MINIMUM ORDER We require a minimum order of $20 (product only). Our handling & insurance charge ($5.95) and other fees are not included in this amount.
RETURNS ABSOLUTELY no returns on used items or items not in resalable packaging. A Return Authorization "RA" number is required which expires 7 days after issuance. We do not accept returns on scopes that have been mounted, closeouts or special order products. A 10% + $2 restocking fee ($100 maximum) will be charged on ALL returns except those where we have made an error. Any defective merchandise should be returned to the manufacturer. If you have received merchandise in error, please email at prohunter@cebridge.net and we will make arrangements to correct your order. No returns accepted after 10 days from the date of invoice. No return items shipped to Bax Evolutions, LLC via COD, will be accepted.
NO WARRANTIES AND LIMITS OF LIABILITIES Information and documents provided on this web site are provided "as is" without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and no infringement. Bax Evolution, LLC (prohuntershop.com) uses reasonable efforts to include accurate and up-to-date information on this web site; it does not, however, make any warranties or representations as to its accuracy or completeness. Bax Evolutions, LLC (prohuntershop.com) periodically adds, changes, improves, or updates the information and documents on this web site without notice. Bax Evolutions, LLC assumes no liability or responsibility for any errors or omissions in the content of our web site. Your use of this web site is at your own risk. Under no circumstances and under no legal theory shall Bax Evolutions, LLC, its suppliers, or any other party involved in creating, producing, or delivering this web site's contents be liable to you or any other person for any indirect, direct, special, incidental, or consequential damages arising from your access to, or use of, this web site.
YOUR PRIVACY We periodically exchange our mailing list with other reputable companies. If you do not wish to have your information shared, please contact us and we will see that your customer contact information is kept strictly and confidentially by Bax Evolutions, LLC. Email prohunter@cebridge.net with your request.
Legal Disclaimer Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site.
Third Party Intermediaries We use an outside shipping company to ship orders, and paypal processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes.
Notification of Changes If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information in accordance with the privacy policy under which the information was collected. If, however, we are going to use usersÂ’ personally identifiable information in a manner different from that stated at the time of collection we will notify users via email. Users will have a choice as to whether or not we use their information in this different manner. However, if users have opted out of all communication with the site, or deleted/deactivated their account, then they will not be contacted, nor will their personal information be used in this new manner. In addition, if we make any material changes in our privacy practices that do not affect user information already stored in our database, we will post a prominent notice on our Web site notifying users of the change. In some cases where we post a notice we will also email users, who have opted to receive communications from us, notifying them of the changes in our privacy practices.
Submissions Except as otherwise expressly provided herein, any communication or material you transmit to the Prohuntershop.com site by electronic mail or otherwise, including any questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by Bax Evolutions, LLC, Bax Evolutions, LLC vendors, or their affiliates or related entities for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Bax Evolutions, LLC, Bax Evolutions, LLC vendors, and their affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Prohuntershop.com site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication.
HYPERLINKS TO THIRD-PARTY WEB SITES This Web site contains hyperlinks to third-party web sites. The linked sites are not under the control of Bax Evolutions, LLC and are not responsible for the contents or privacy practices of any linked site or any link contained in a linked site. Bax Evolutions, LLC is providing these links only as a convenience, and the inclusion of a link does not imply endorsement of the linked site by. Linked sites are not operated, controlled, or maintained by Bax Evolutions, LLC, and Bax Evolutions, LLC is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.
CLOSED 2006 HOLIDAYS May 27-29th, July 4th, Sept 2-4th, Nov 23rd, Dec 23-25, Dec 30- January 1, 2007.
COMPLIANCE WITH LAWS, READ BEFORE ORDERING Must be 18 years of age to order and use the prohuntershop.com site. The customer assumes all responsibility to abide by all federal, state & local laws, ordinances, and regulations regarding your use of the prohuntershop.com site and your purchase of items on the prohuntershop.com site. The customer assumes the risks in the safe use of these products. By placing this order, customer understands that Bax Evolutions, LLC. assumes no liability or responsibility.
DISCLAIMER AND LIMITAITON OF LIABILITY OF LIABILITY AS TO THE PROHUNTERSHOP.COM SITE AND CONTENT BAX EVOLUTIONS, LLC MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE PROHUNTERSHOP.COM SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. BAX EVOLUTIONS, LLC ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE PROHUNTERSHOP.COM SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROHUNTERSHOP.COM SITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON THE PROHUNTERSHOP.COM SITE IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE PROHUNTERSHOP.COM SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. UNDER NO CIRCUMSTANCES SHALL BAX EVOLUTIONS, LLC, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE Prohuntershop.com site OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF BAX EVOLUTIONS, LLC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION You agree to defend, indemnify, and hold harmless Bax Evolutions, LLC, Bax Evolutions, LLC vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the prohuntershop.com site. The foregoing indemnification obligation shall survive termination of these Terms and the prohuntershop.com site and any product or service provided to you arising out of or relating to your use of the prohuntershop.com site.
ATTENTION NON-HUNTERS Bax Evolutions, LLC makes every effort to accommodate both hunters and non-hunters alike. This website contains a collection of information which applies not only to hunting, but also photography, wildlife observation and data regarding the characteristics and habitats of wild animals. While we respect everyone's right to state their opinions and objections, and we believe in the right to free speech, we will not tolerate any abusive, harassing or threatening email to the owners or employees of Bax Evolutions, LLC or its sponsors. All such harassment will be traced back to the originator and appropriate actions will be taken, including (but not limited to) contacting the manager of the corporate, educational or government domain from which such email originated and/or appropriate legal actions.
COPYRIGHT: All Rights Reserved No part of this site may be reproduced without written permission from the publisher. Bax Evolutions, LLC is not responsible for researching or investigating the accuracy of the content of stories published on Bax Evolutions, LLC. Readers are advised that use of the information contained in Bax Evolutions, LLC is with the understanding material is used at your own risk. Bax Evolutions, LLC assumes no liability for the use of the information contained on the Bax Evolutions, LLC website, advertisers sites or linked sites.
MISCELLANEOUS The customer – I do not find images or videos of dead or dieing animals to be offensive or objectionable. I am at least 18 years of age and have the legal right to possess what might be offensive or sensitive material in my community. I understand the standards and laws of the community, site and computer to which I am transporting this material, and am solely responsible for my actions. I will not attempt to bypass any security and/or access feature at this site. If I use these services in violation of this agreement, I understand I may be in violation of local and/or federal laws and am solely responsible for my actions. By entering this page/site/server, you will have released and discharged the providers, owners and creators of this site from any and all liability, which might arise. Book marking to a page on this page/server/site whereby this warning page is bypassed shall constitute an implicit acceptance of all the terms herein set forth. All images on this site are copyright their respective owners and used under the governance of "fair use" of copyrighted material, as provided for in law. Copyright owners who do not wish their images displayed should inform Bax Evolutions, LLC.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by Bax Evolutions, LLC of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed sever able from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms. Bax Evolutions, LLC shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks. Access to or use of the prohuntershop.com site shall not be construed as Bax Evolutions, LLC purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of Missouri. This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to conflicts of law provisions. Additionally, any claims brought against Bax Evolutions, LLC shall be governed by and construed in accordance with the laws of the State of Missouri.
CONTACT INFORMATION If users have any questions or suggestions regarding our privacy policy, please email us at prohunter@cebridge.net
