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Legal Notice


Conditions of Use/Legal Notice

Welcome to farmandfleet.com, owned and provided by Blain Supply, Inc. ("Blain Supply"). Blain Supply makes this website available to you subject to all of the following legal conditions. If you access, visit, browse or shop at farmandfleet.com, you are agreeing to all of these conditions, so it is important you that read this Agreement carefully. Blain Supply reserves the right to revise and update the Terms and Conditions of Use for farmandfleet.com without prior notice to you, so we suggest that you review the terms of this Agreement any time you make use of the farmandfleet.com website.


Privacy

Please also read and review the farmandfleet.com Privacy Policy, as the terms of the policy apply to your use of farmandfleet.com.


License and Site Access

Subject to the terms and conditions of this Agreement, Blain Supply grants you a limited, revocable, non-transferable and non-exclusive license to access and make personal use of this site by displaying it in your internet browser only and does not permit you to download or modify any portion of this site, except with the express written consent of Blain Supply. Further, this site and all portions thereof may not be reproduced, duplicated, copied, sold, or otherwise used for any commercial purpose without the express written consent of Blain Supply. You are also prohibited from collecting or storing information about users of farmandfleet.com in any manner. Any breach of this Agreement shall result in the immediate revocation of the license granted under this paragraph without prior notice to you.


Electronic Communications

When you communicate with us through this website or by e-mail, you are agreeing to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirements that the communication be in writing.

By communicating with Blain Supply through this website or by e-mail, you also agree that all comments, feedback, suggestions and other submissions offered to Blain Supply shall be and remain the property of Blain Supply. Transmittal or disclosure of any comments, feedback or other submissions shall constitute an assignment to Blain Supply of all rights, title and interest in the submissions. By submitting comments, feedback or suggestions to Blain Supply, you agree that the submission will not violate the terms of this Agreement. You further agree that the communication will not cause injury to any person or entity, will not contain materials deemed to be obscene, libelous, threatening, commercial solicitations, "spam", or include software containing viruses or other malicious software.


Purchases and Cancellations

Despite Blain Supply's best efforts, in some circumstances, Blain Supply may need to cancel orders that it is unable to fill or accept or where typographical or pricing errors exist. Blain Supply reserves the right, in its sole discretion, to cancel any order at any time and correct any typographical or pricing errors. Blain Supply will contact you if additional information is needed to confirm or accept an order or if any portion of your order is cancelled for any reason. If any part of your order is cancelled, Blain Supply will issue a credit to your credit card in the amount of the charge. By placing an order with Blain Supply, you represent and warrant that all billing and other information provided to Blain Supply via the farmandfleet.com website is truthful and accurate. Providing inaccurate or untruthful information may constitute a breach of the conditions you have agreed to by using the farmandfleet.com website. By confirming your purchase of merchandise during checkout, you also agree to accept and pay for the merchandise.


Product Descriptions

Blain Supply attempts to accurately portray products through the use of product images and descriptions. However, Blain Supply does not warrant that product descriptions, colors, images or other content found on this site is accurate, complete, reliable, current or free from errors. If a product offered on this website is not described accurately, your sole remedy is to return it in an unused condition for a refund. Sales, promotions and special offers posted on this website are subject to change without prior notice. To suggest corrections to this website, please contact our Customer Support Team at customerservice@farmandfleet.com. Please note that any corrections may take time to implement and Blain Supply reserves the right to correct or refuse to correct information on farmandfleet.com.


Quantity Limits

Blain's Farm & Fleet is a retailer offering merchandise to consumers through its retail stores and this website. Blain Supply reserves the right, in its sole discretion, to limit the quantity of items purchased by any individual, household or order. Blain Supply may apply these restrictions at its sole discretion. If you are interested in purchasing a significant quantity of a particular item, please contact us by emailing customerservice@farmandfleet.com.


Copyright

The layout, contents and arrangement of the farmandfleet.com website are the property of Blain Supply, or are used with the express permission of its suppliers, and protected by U.S. copyright law.


Trademarks

Unless otherwise noted, FARM & FLEET, FARM AND FLEET, BLAIN'S FARM & FLEET, and BLAIN'S FARM AND FLEET, and other Blain Supply graphics, logos, icons, and service marks are trademarks, registered trademarks or trade dress of Blain Supply and protected under U.S. law and/or the laws of other countries. Blain Supply's trademarks may not be used without its express written consent and may not be used in a manner that disparages or discredits Blain Supply, causes confusion among customers, or be used in conjunction with any products or services that are not Blain Supply's. Blain Supply will take legal action against individuals using its trademarks or service marks in metatag keywords and/or hidden webpage text and such use constitutes trademark infringement and unfair competition.

All other trademarks appearing on this site are property of their respective owners, who may or may not be sponsored by, affiliated with, or connected to Blain Supply.

Access to farmandfleet.com does not confer and shall not constitute a license to anyone to use Blain Supply's or any third party's intellectual property rights.


Linking

Links to third party websites from farmandfleet.com are provided solely as a convenience to you. Blain Supply has not reviewed each site for its content and does not endorse or make any representations about them, or the information, products, materials or software that may be obtained by using them. If you decide to access any third party website, you do so at your own risk and Blain Supply shall have no liability arising out of the operation or content of such third party sites.


User Accounts

If you create a user account at farmandfleet.com, you are responsible for maintaing the confidentiality of your account and password and restricting access to your computer. You further agree to accept responsibility for all activities occurring under your account or password, whether or not such access to and use of this site is actually authorized by you. Blain Supply reserves all rights to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.


Reviews, Submissions and Other Content

Blain Supply welcomes your comments and feedback, but asks that you do not submit any confidential, proprietary or trade secret information through this site. Please also be aware that e-mail communications may not be secure against interception. If your communication contains personally identifiable information, please consider a different means of transmitting the information. All comments, feedback, notes, ideas, and communications sent to Blain Supply shall be and remain the exclusive property of Blain Supply. Blain Supply shall be entitled to use, reproduce, disclose, publish, distribute and modify any submission for any purpose without restriction and without compensating you, at its sole discretion.

Where permitted, users may post reviews, comments and other content, submit suggestions, ideas, comments, or questions, so long as the content is not illegal, obscene, objectionable, threatening, defamatory, does not violate any privacy rights, does not infringe upon intellectual property rights, or is not otherwise injurious to third parties. You many not use false contact information, impersonate any person or entity, or otherwise mislead any party as to the origin of the content. Blain Supply reserves the right, but not the obligation, to remove or edit content, but does not regularly review posted content. When you post comments or reviews on farmandfleet.com, you also grant Blain Supply the right to use the name that you submit with any review, comment or other content.

By submitting content, feedback, communications or other information to Blain Supply, you represent and warrant that you: (i) have the right and authority to enter into this Agreement; (ii) are at least eighteen years old (18); (iii) own or have the necessary licenses or permissions to use and authorize Blain Supply to share, publish or use the submission; (iv) will not submit material subject to third-party rights or that violates or infringes upon the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any individual or entity; (v) will not submit material that is unlawful, threatening, obscene, defamatory, or would otherwise violate the law; and (vi) will not submit any materials that contain computer viruses or other harmful or malicious code.


Children

Blain Supply does not sell merchandise through this website to children and does not intend for this website to be used by children. If you are under age 18, you may only purchase merchandise in person at one of our stores or online with parent or guardian supervision. Additionally, you may only use this website with parent or guardian supervision.


Risk of Loss

All merchandise purchased from Blain's Farm & Fleet through this website is made under an agreement to have the merchandise sent by such delivery method selected by Blain's Farm & Fleet. The risk of loss and title to said merchandise passes to you upon our deposit of the merchandise into the mail or upon delivery to the carrier service.


Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED BY BLAIN SUPPLY ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE OR INFORMATION OBTAINED THROUGH THIS SITE IS AT YOUR SOLE RISK.

WITHOUT LIMITING THE FOREGOING, BLAIN SUPPLY DOES NOT REPRESENT THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE OR RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

BLAIN SUPPLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BLAIN SUPPLY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM BLAIN SUPPLY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BLAIN SUPPLY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER MALFUNCTION OR FAILURE, AND DAMAGES ARISING FROM USE OF THE SITE, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE SITE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, YOU MAY HAVE ADDITIONAL RIGHTS.


Indemnity

By using farmandfleet.com you agree to defend, indemnify and hold Blain Supply and its affiliates, directors, officers, employees, agents and representatives, harmless from and against any and all claims, losses, damages, costs and expenses, including attorneys' fees, arising from or related to your use.


Applicable Law

By visiting the farmandfleet.com website you agree that the laws of the State of Wisconsin will govern your use of the website, any transactions made through this website and any disputes that may arise between you and Blain Supply. The retail stores described in this website are owned by the individual corporations listed. These retail locations are not owned by Blain Supply or a subsidiary thereof.


Arbitration

Any dispute relating in any way to your use of the farmandfleet.com website or merchandise purchased through this website shall be submitted to arbitration in Janesville, Wisconsin. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association and you agree that the laws of the state of Wisconsin, without regard to principles of conflict of laws shall apply to any dispute(s). An arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing, if you have in any way infringed upon trademarks owned by Blain Supply, Blain Supply may seek injunctive or other appropriate relief in any state or federal court in the State of Wisconsin, and you consent to the exclusive jurisdiction and venue of such courts.


International Access

This site may be accessed from countries located outside the United States and may contain products and/or references to products that are not available outside the United States. If you access and use this website outside the United States, you are responsible for complying with your local laws and regulations.


Copyright

All content on this site is property of Blain Supply or its suppliers and is protected by United States and international copyright laws. The compilation of the content on this site is the exclusive property of Blain Supply and is protected by U.S. and international copyright laws.

If you believe that content has been copied in a way that constitutes copyright infringement, please provide Blain Supply with the information below in writing. Note that this is the exclusive procedure for notifying Blain Supply that your copyrighted material is being or has been infringed upon.

  1. A full description of the copyrighted work you claim is being infringed upon;
  2. A description of the location where you claim the material is being infringed upon on this site;
  3. Your contact information, including, your name, address, phone number and email address;
  4. A statement that you are the copyright holder or are authorized by the copyright holder to make claims of copyright infringement;
  5. A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent(s), or under the law;
  6. An electronic or physical signature by the person providing the copyright notice and who is authorized to act on behalf of the copyright owner;
  7. A statement made by the individual providing the notice, under penalty of perjury, that the information provided in the notice is accurate and that you are authorized to act on behalf of the copyright owner.

Please send the copyright notice to the following address:

Blain Supply, Inc.
Website Communications Coordinator
P.O. Box 391
Janesville, WI 53547-0391
Phone: (608) 754-2821
Fax: (608) 754-3257
E-Mail: customerservice@farmandfleet.com


Entire Agreement

This Agreement and the Privacy Policy incorporated herein represents the complete agreement between you and Blain Supply and supersedes all prior agreements and representations. Headings are provided for reference purposes only and do not limit the scope of any section. If any provision of this Agreement is found to be invalid, void or unenforceable, it shall be amended to the smallest extent necessary to remain enforceable under the law.

Effective October 2, 2009

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Prices were current at the time of posting. We reserve the right to change prices without notice and to correct errors.