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Terms Of Service

Last modified: 7/26/2012

    1. Welcome to the website of Crow Wholesale ("Crow," "we" or "us") The following terms and conditions (together with any documents referred to in them) (collectively, the "Terms of Use") apply to your use of http://www.crowwholesale.com (the "Website"), including any content, functionality and services offered on or through the Website, whether as a guest or a registered user, or through mobile or desktop application versions of the Website. Please read these Terms of Use carefully before using http://www.crowwholesale.com. By using http://www.crowwholesale.com you signify your consent to these Terms of Use and our Privacy Policy, incorporated here by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must exit the Website.
  • Further, the Website is only for users who are twenty-one (21) and older. If you are not twenty-one or older, you must exit the Website immediately.
  • Crow respects your privacy. Please review our Privacy Policy to understand our practices.
  • To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify Crow of any unauthorized use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, if in our opinion, you have failed to comply with any provision of these Terms of Use. If you create an account, you will also be asked to read and accept the Terms and Conditions for Account Holders.
  • The content on the Website is for information purposes only and you agree that your use of and browsing in the Website is at your risk. In no event shall Crow, its officers, directors, employees or agents, be liable to you for any direct, indirect, special, punitive or consequential damages resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein and whether or not Crow is advised of the possibility of such damages.
  • All sales on this Website are subject to the Terms and Conditions for Account Holders which are incorporated herein. Any purchases on this Website require the creation of an account and acceptance of the Terms and Conditions for Account Holders.
  • You agree to defend, indemnify and hold harmless Crow, its officers, directors, employees or agents against all third party claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable attorney's fees, arising in connection with your use of the Website or resulting from, or alleged to result from, your use of the Website or your violation of these Terms of Use or if an account holder, the Terms and Conditions for Account Holders.
  1. (a) CROW HAS TAKEN REASONABLE EFFORTS TO ENSURE THAT THE INFORMATION CONTAINED IN THE WEBSITE IS ACCURATE; HOWEVER, ALL INFORMATION IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES WHATSOEVER WITH RESPECT TO THE PRODUCTS OFFERED ON THIS SITE OR INFORMATION PROVIDED. ALL WARRANTIES WITH RESPECT TO THE PRODUCTS OR INFORMATION, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED. FURTHER, THE WEBSITE MAY CONTAIN INFORMATION WHICH IS OUT OF DATE AT ANY GIVEN TIME AND WE ARE UNDER NO OBLIGATION TO UPDATE OR REVISE THE INFORMATION. IN ADDITION, BY USING THE WEBSITE AND VIEWING THE CONTENT ON THE SITE, INCLUDING BUT NOT LIMITED TO INSTRUCTIONAL ARTICLES AND VIDEOS, YOU UNDERSTAND AND AGREE THAT ALL FIREARMS ARE POTENTIALLY DANGEROUS IF HANDLED IMPROPERLY AND CAN POSE RISKS AND HAZARDS TO YOURSELF AND OTHERS, WHICH MAY RESULT IN PROPERTY DAMAGE, SERIOUS INJURY OR DEATH.
  • The Website may contain interactive features that allow you to post, submit, publish, display or transmit to other users (hereinafter "post") content or materials (collectively, "User Contributions") on or through the Website. Any User Contribution you post to the Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant Crow and its subsidiaries and affiliates the license granted in this paragraph. You represent and warrant that all of your User Contributions do and will comply with these Terms of Use, and you agree to defend, indemnify and hold harmless Crow and its subsidiaries, affiliates and licensors from any breach of this representation and warranty. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Crow, have full responsibility for the legality, reliability, accuracy, and appropriateness of such content. Any content and/or opinions submitted to the Website, and all articles and responses to questions and other content, other than the content provided by Crow, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of the Company. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website. We have the right to:
  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right, threatens the personal safety of users of the Website and the public or could create liability for the Company.
  • Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
  • Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
  • Crow assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Website or your downloading of any materials, data, text, images, video, or audio from the Website .
  • All right, title and interest in the Website and any content contained herein is the exclusive property of Crow, except as otherwise stated. The trademarks, logos, and service marks displayed on the Website (collectively the "Trademarks") are the trademarks of Crow or their respective third-party owners. Under no circumstances may you alter, modify, or change these Trademarks. You are prohibited from using the Trademarks for any purpose without the written permission of Crow or such third party, which may own the Trademarks.
  • The Website may contain links to other websites operated by third parties other than Crow. Such links are provided for your convenience only. Crow does not control such websites and is not responsible for their content. The fact that the Website contains links to sites operated by third parties other than Crow does not mean that Crow approves of, endorses or recommends those sites, nor does it imply any association with their operators. Your linking to any other off-site pages or other sites is at your own risk. Crow disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site and disclaims all responsibility for any loss, injury, claim, liability or damage of any kind resulting from any third party websites or content therein directly or indirectly accessed through links in the Website .
  • By accessing the Website, you agree that the laws of the State of Iowa, without regard to the conflict of laws and principles thereof, will apply to all matters relating to the use of the Website. Subject to the arbitration provisions in the Terms and Conditions for Account Holders, you also submit to the personal jurisdiction of Iowa and the venue of the state and federal Courts of Iowa.
  • Crow may at any time revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use to which you are bound. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.
  • The illegality or unenforceability of any provision of these Terms of Use shall not affect the validity and enforceability of any legal and enforceable provisions of these Terms of Use.
  • Crow is based in the State of Iowa in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
 

Mobile Terms & Conditions:

Crow Wholesale offers its customers marketing and promotional mobile alerts (e.g. cart reminders) by SMS message (the "Service") on 79857. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.

Signing Up and Opting-In to the Service

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. Crow Wholesale reserves the right to stop offering the Service at any time with or without notice. Crow Wholesale also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.

By opting into the Service, you:

  1. Authorize Crow Wholesale to use an automatic telephone dialing system to send recurring text messages, which may be automated, to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
  2. Acknowledge that you do not have to agree to receive messages as a condition of purchase.
  3. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
  4. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, 1-800-264-2493 or cs@crowwholesale.com. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.

Content You May Receive

Once you affirm your choice to opt-in to the Service on 79857, your message frequency may vary based on your interactions and initiated texts. You may receive alerts about:

  1. Sale promotions
  2. Event information
  3. Product launch announcements
  4. Cart reminders
  5. Back in stock alerts
  6. Price drop alerts
  7. Low inventory alerts

Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.

Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Crow Wholesale may add or remove any wireless carrier from the Service at any time without notice. Crow Wholesale and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

To Stop the Service

To stop receiving text messages from Crow Wholesale, text the word STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to 79857 any time or reply STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to any of the text messages you have received from Crow Wholesale. You can also contact us at at cs@crowwholesale.com to opt out. These are the exclusive methods for opting out. After opting out, you will receive one additional message confirming that your request has been processed.

Questions

You can text HELP for help at any time to 79857. For further assistance you can also contact us at 1-800-264-2493 or cs@crowwholesale.com.

Changes to Terms

These Mobile Terms and Conditions are subject to change at any time without notice.

Arbitration and Class Action Waiver

Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your use of Crow Wholesale's services will be resolved by binding arbitration, rather than court.

This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and Crow Wholesale hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association's Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA's Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys' fees) authorized by law and/or the AAA's Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND CROW WHOLESALE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.

THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND CROW WHOLESALE AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY'S CLAIMS WITH ANY OTHER PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

You and Crow Wholesale are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. Crow Wholesale, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA's Rules regarding costs and payment apply.

This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.