Terms and Conditions
Welcome to Berkley-fishing.com ("Site"). Please review the following Terms and Conditions which govern the use and purchase of products from our Site ("Agreement"). By accessing, browsing, or using this Site, you acknowledge that you have read, understand, and agree to be bound by these terms. If you do not agree to these terms, please do not use this Site.
We may from time to time change the Terms and Conditions that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions changed. We may change, move or delete portions of, or add to, our Site from time to time.
Unless otherwise noted, all materials, including images, graphics, illustrations, design, icons, photographs, written and other materials that comprise this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed to or by us. This site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interest in and to which are owned by us. This Site and its Contents are controlled and operated from its offices in Columbia, South Carolina.
Permission is granted to display, copy, distribute, download, and print in hard copy portions of this Site for the purposes of:
- Placing an order with our Site
- Using this Site as a shopping resource, provided you do not modify the Site and retain all copyright and other proprietary notices contained in the Contents.
Except in connection with shopping or placing an order, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted electronically or mechanically, transmitted, recorded, in any manner mirrored, photocopied, or reproduced without prior written permission.
Please note that the permission grant herein terminates automatically if you breach any of these Site Terms and Conditions. Any other use of the Contents on this Site including reproduction for purposes other than as noted above, and including any reproduction, modification, distribution, or republication may violate copyright or trademark laws, and, without prior written permission is strictly prohibited.
Disclaimer of Warranty
THIS SITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALTHOUGH WE BELIEVE THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, BERKLEY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT.
Price and availability information is subject to change without notice.
Disclaimer of Liability
IN NO EVENT SHALL WE BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE.
In an effort to provide our customers with the most current information, we will, from time to time, make changes in the Contents and in the products or services described on this Site.
User Comments & Feedback
You agree that any material, information, and ideas that you transmit to this Site or otherwise provide ("Transmissions") shall be and remain the Site's property.
All Transmissions will be treated as non-confidential and non-proprietary and we shall be under no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the Transmissions to others without limitation. Additionally, we shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purposes whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information. You further agree that we may use information about your demographics and use of this Site in any manner that does not reveal your identity.
In addition, you agree, and are hereby put on notice, that you are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, inflammatory, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under law. You are solely responsible for the content of any comments you make.
This Site and its Contents are displayed solely for use by and delivery to United States residents.
We cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we reasonably believe to be unlawful.
We have no intention of collecting personal information from individuals under the age of 18. If you are a child under the age of 18, please do not place an order or provide any information to us.
This site may contain links to other web sites ("Linked Sites"). We do not operate or control any information, products, or services on Linked Sites, and neither endorses nor approves any products or information offered at Linked Sites. Linked Sites are used at your own risk.
The prices advertised on this Site are for Internet orders. Prices on some items may differ from those charged at Sporting Goods stores. Prices and availability of items are subject to change without notice.
In the event that a product is listed at an incorrect price due to typographical error, or error in pricing information received from others, we retain the right to refuse or cancel any orders placed for products listed at the incorrect prices. We are not responsible for typographical or photographic errors.
Acceptable Forms on Payment
Berkley gladly accepts Visa, MasterCard, American Express and Discover. We do not currently accept cash, checks or alternative forms of payment such as PayPal or Bill Me Later.
During the checkout process you will be required to provide a billing and shipping address (these may be identical). In addition you will need to provide an email address and phone number for order communications. Upon completion of your order, you credit card will be authorized for the order amount but you will not be charged until the order ships.
This Agreement is effective unless and until terminated by us. We may terminate this Agreement at any time without notice to you, and accordingly deny you access to the Site in our sole discretion if you fail to comply with the Agreement. Upon any termination of this Agreement, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials. In addition, by providing material on our Site, we do not in any way promise that the materials will remain available to you. All or part of this Site may be terminated at any time without notice to you.
Jurisdiction and Venue
This Agreement is governed by and shall be construed in accordance with the laws of the State of South Carolina without giving effect to any principles or conflicts of law. You agree to bring any claims arising under this Agreement exclusively in the federal courts of the State of South Carolina.