Terms and Conditions

 

Acceptance of Terms

  1. These terms and conditions of sale (the “Terms”) shall apply to all purchases of custom painted lures or services by Vertical Jigs and Lures (“Vertical”) to you (“Buyer”) and to any purchase request issued by Buyer to Vertical irrespective of terms set forth in purchase by Buyer. Notwithstanding anything herein to the contrary, if a written contract signed by both parties is in existence covering the sale of custom painted lures and services covered hereby, the terms and conditions of said contract shall prevail to the extent they are inconsistent with these Terms.
  2. The accompanying estimate/sales order confirmation/invoice and these Terms comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral.

License

Unless otherwise stated, Vertical Jigs and Lures and/or it’s licensors own the intellectual property rights for all material on Vertical Jigs and Lures. All intellectual property rights are reserved. You may view and/or print pages from https://verticaljigsandlures.com for your own personal use subject to restrictions set in these terms and conditions.

You must not:

  1. Republish material from https://verticaljigsandlures.com
  2. Sell, rent or sub-license material from https://verticaljigsandlures.com
  3. Reproduce, duplicate or copy material from https://verticaljigsandlures.com

Redistribute content from Vertical Jigs and Lures (unless content is specifically made for redistribution).

Hyperlinking to our Content

  1. The following organizations may link to our Web site without prior written approval:
    1. Government agencies;
    2. Search engines;
    3. News organizations;
    4. Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
    5. Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
  1. These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
  2. We may consider and approve in our sole discretion other link requests from the following types of organizations:
    1. commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
    2. dot.com community sites;
    3. associations or other groups representing charities, including charity giving sites,
    4. online directory distributors;
    5. internet portals;
    6. accounting, law and consulting firms whose primary clients are businesses; and
    7. educational institutions and trade associations.

We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of Vertical Jigs and Lures; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party’s site.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to support@verticaljigsandlures.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:

  1. By use of our corporate name; or
  2. By use of the uniform resource locator (Web address) being linked to; or
  3. By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Vertical Jigs and Lures’s logo or other artwork will be allowed for linking absent a trademark license agreement.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Content Liability

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

 

Delivery, and Shipment

  1. Vertical makes every effort to deliver custom lures in a timely manner; the delivery schedule is subject to availability of finished custom lures and is only an estimate. Vertical will make every effort to notify Buyer of any delays it deems longer than reasonable. Due to the nature of the customization of jigs and lures, Buyer should allow up to 10 days before items are shipped.

  2. Buyer agrees to provide Vertical with a valid shipping address.

  3. Unless otherwise agreed in writing by the parties, Vertical shall deliver the goods to Vertical’s delivery point using Vertical’s standard methods for packaging and shipping such custom lures.
  4. Vertical does not accept liability for items damaged during transit, and title and risk of loss passes to Buyer upon delivery of the custom lures at Vertical’s delivery point.

Returns

  1. Vertical does NOT accept returns for any reason unrelated to defects in the custom lures or warranty claims. No exceptions to the return policy can be made due to Vertical’s internal custom lure control guidelines. Due to various screen configurations, unless visibly damaged and not under the intention of Vertical, colors are final and do not warrant a return.

Payment Terms

  1. Unless otherwise agreed to in writing by Vertical, all purchases must be paid within prior to shipment. Vertical does not accept discount terms unless explicitly agreed to in writing by Vertical.
  2. Buyer may not withhold payment of any amounts due and payable by reason of any set-off of any claim or dispute with Vertical. Orders will not be shipped until full payment has been received by Vertical.

Sales Tax

  1. Sales tax will be charged for orders delivered to the states that charge sales tax. It is the Buyer’s responsibility to submit a resale or tax exempt certificate to claim an exemption. Vertical will maintain a copy of the certificate on file for future reference.

Warranty

  1. Standard Limited Warranty: Vertical’s standard limited warranty covers the replacement of a defective custom lures manufactured by Vertical (e.g., paint peeling or discoloration, missing rattles, etc.) for a period of one hundred twenty (120) days after shipment to Buyer. Vertical agrees to, at its option, repair or replace defective custom lures that it paints for a period of one (1) year following the date of shipment to Buyer. This warranty does not cover defections caused by direct stress to custom paint (e.g., hook scratches or bite marks). This warranty is contingent upon proper use of a product in the application for which it was intended, and does not cover products which have been modified without Vertical’s written approval or that were subjected by buyer to unusual physical stress. The remedies set forth in this Section 6.a. shall be Buyer’s sole and exclusive remedy and Vertical’s entire liability for any breach of the limited warranties set forth herein.

  2. Warranty: EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, VERTICAL GRANTS NO OTHER WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE REGARDING THE PRODUCTS, THEIR FITNESS FOR ANY PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, OR OTHERWISE.
  3. Buyer must present receipt of sale for defective custom lures and submit photos of defective lures to support@verticaljigsandlures.com. Vertical will determine if custom lures qualify to be covered under warranty and replace if required. If Vertical determines the defective lure is covered under warranty you must ship the product back to us, in a box or padded envelope to prevent loss of the lure in the mail.

Limitation of Liability

  1. Vertical’s liability to Buyer shall be limited to a refund of buyers original purchase price. IN NO EVENT SHALL VERTICAL BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT VERTICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

Confidentiality

  1. All non-public, confidential or proprietary information of Vertical, including but not limited to, specifications, patterns, designs, plans, drawings, documents, data, pricing, discounts or rebates, disclosed by Vertical to Buyer, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential” is confidential and may not be disclosed or copied unless authorized in advance by Vertical in writing. This Section does not apply to information that is: (a) in the public domain; (b) known to buyer at the

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

  1. limit or exclude our or your liability for death or personal injury resulting from negligence;
  2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
  4. exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

If you have any questions regarding the terms and conditions stated about, please do not hesitate to contact us at support@verticaljigsandlures.com.