Terms & Conditions
TERMS & CONDITIONS
By using this Internet website (“the Site”), you agree that you have read the following Terms & Conditions, and you agree to follow and be bound by them. Please carefully read these Terms & Conditions. If you do not agree to these Terms & Conditions, do not use the Site.
PRIVACY. We respect and value your privacy, and we strive to protect your personal information. We and our affiliate companies may use your information for internal and promotional purposes, but we won’t sell or disclose your email address or other personal information to any outside party, period. We use many technologies and processes to keep your information private and secure. When you give us your information, it is transmitted in a safe, encrypted format. We may send you emails, unless you indicate that you do not wish to receive them; of course, you may change this option whenever you like. We may use software tags called "cookies" as a convenience to identify returning customers, track shopping preferences, and enable shopping baskets, but we will not sell or disclose that information to outside parties. We have found that we cannot provide a complete shopping experience to customers unless cookies are enabled. We may be required to disclose your information for legal reasons, in the unlikely event that we must comply with a court order, subpoena, government investigation, or other legal process.
PRODUCT AVAILABILITY AND PRICES. The products displayed on the Site are available while supplies last, and products may be added or discontinued at any time without notice. We may change our prices at any time without notice. Certain products may not be available for sale in all areas. Product prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets and areas. Prices may and will vary between the Site and our physical stores, and the prices are not guaranteed to be matched at the time of purchase. Prices shown on the Site do not include any shipping and handling or sales taxes, and if applicable to the order, such charges will be added to your total invoice price.You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.
SALES TAX. We are physically located in Texas, so we are required by law to charge sales tax for all products shipped to a Texas address. Currently, no sales tax is due for products shipped to an address outside of Texas.
ONLINE PROMOTIONS. Online discounts, coupons, and promotions are valid only during the dates specified. Exclusions may apply to any discount, coupon, or promotion. See Site for details. Online-only discounts, coupons, and promotions are not valid in our physical stores or with any other discounts, coupons, or promotions.
SITE CONTENTS. We make every effort to ensure that the images, text, data, photographs, videos, music, sound, product descriptions, artwork, icons, graphics, illustrations, logos, designs, HTML code, and other information displayed on the Site (“the Content”) accurately depict our products so you can make informed purchasing decisions. However, colors, shapes, sizes, qualities, proportions, and other aspects of products may vary from depictions on the Site. You must use your own judgment and opinion when ordering, and you should contact us if you have any questions about a product. WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF THE CONTENT, AND YOU ASSUME ALL RISK OF USING OR RELYING ON THE CONTENT.
OUTSIDE CONTENT. The Site may contain customer product reviews, links to other Internet websites, and other outside content furnished by parties who are not affiliated with us. We furnish this information to you as a convenience so that you can learn more about the products and services that we offer. We do not control or endorse any such third-party content, and we make no warranty or representation as to such content. Any concerns regarding such content should be directed to the third party providing the content and not to us. Any comments, reviews, feedback, suggestions, ideas, and other submissions disclosed or offered to us on or by this Site or otherwise shall be and remain our exclusive property.
TERMINATION OF USE. We may, in our sole discretion, terminate your account or your use of the Site at anytime without notice or liability. You remain liable for any orders that you place or charges that you incur before termination.
AS-IS AND ASSUMPTION OF RISK. AS A MATERIAL PART OF THE CONSIDERATION FOR YOUR USE OF THIS SITE AND ANY SALE OF A PRODUCT TO YOU, YOU TAKE AND ACCEPT THE SITE AND ANY PRODUCTS IN THEIR PRESENT CONDITION "AS IS, WHERE IS, WITH ALL FAULTS," INCLUDING ANY LATENT AND PATENT DEFECTS, ATTRACTIVE NUISANCES, OR OTHER PROBLEMS. YOU ASSUME ALL RISKS ASSOCIATED WITH THIS SITE AND ALL PRODUCTS.
NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES. WE MAKE NO WARRANTY, REPRESENTATION, OR GUARANTY OF ANY KIND TO YOU, EITHER EXPRESSED OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND GUARANTEES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES AS TO MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, CONDITION, DESIGN SUITABILITY, QUALITY OF WORKMANSHIP OR MATERIALS, COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS, THAT ANY PRODUCTS HAVE A PARTICULAR FINANCIAL VALUE, AND ALL OTHER WARRANTIES, REPRESENTATIONS, AND GUARANTEES WHATSOEVER. YOU ARE NOT RELYING ON ANY REPRESENTATION, STATEMENT, INFORMATION PROVIDED, OR OTHER ASSERTION MADE BY US WITH RESPECT TO THE SITE OR ANY PRODUCTS; INSTEAD, YOU ARE RELYING SOLELY ON YOUR OWN INSPECTION AND INVESTIGATION OF THE SITE AND ANY PRODUCTS. WE HAVE ABSOLUTELY NO DUTY TO DISCLOSE ANY INFORMATION AS TO THE SITE AND ANY PRODUCTS, AND YOU EXPRESSLY WAIVE SAME.
LIMITATION OF LIABILITY. WE DISCLAIM ANY RESPONSIBILITY FOR THE USE OR MISUSE OF PRODUCTS AND THE METHODS OF USE DESCRIBED ON THIS SITE. YOU RELEASE US FROM ALL LIABILITY AND RELINQUISH ALL CLAIMS AGAINST US, WHETHER KNOWN OR UNKNOWN. WE ARE NOT LIABLE TO YOU FOR, AND YOU HEREBY RELEASE US IN ADVANCE FROM, ALL CLAIMS AND LIABILITY FOR ANY TYPE OF DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM OR RELATED TO THIS SITE OR OUR PRODUCTS; ANY ACTUAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDEMNITY, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES; LOST REVENUE OR ANTICIPATED PROFITS; LOST BUSINESS OR SALES; LOSS OF USE; INCONVENIENCE; OR ANY OTHER TYPE OF DAMAGE, EVEN IF THE DAMAGE IS A RESULT OF OUR OWN NEGLIGENCE. IN THOSE STATES WHERE SUCH A LIMITATION OF LIABILITY IS NOT FULLY ALLOWED, YOU AGREE THAT OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES.
WAIVER OF CONSUMER RIGHTS. YOU ACKNOWLEDGE AND AGREE THAT THE DECEPTIVE TRADE PRACTICES ACT OF YOUR STATE, OR COMPARABLE CONSUMER-RIGHTS STATUTE, IS NOT APPLICABLE TO ANY TRANSACTION BETWEEN US. YOU WAIVE ANY RIGHTS UNDER SUCH CONSUMER-RIGHTS LAWS, LAWS THAT GIVE CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. AND AFTER CONSULTATION WITH, OR THE OPPORTUNITY TO CONSULT WITH, AN ATTORNEY OF YOUR OWN SELECTION, YOU VOLUNTARILY CONSENT TO THIS WAIVER. YOU AGREE THAT ANY RIGHTS AND REMEDIES YOU MAY HAVE ARE GOVERNED BY LEGAL PRINCIPLES OTHER THAN SUCH LAWS.
INDEMNIFICATION. YOU AGREE TO DEFEND AND INDEMNIFY US AND TO HOLD US HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS' FEES AND LEGAL EXPENSES, ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR ANY PRODUCTS, EVEN IF CAUSED BY OUR OWN NEGLIGENCE.
JURY WAIVER, FORUM. WITH RESPECT TO ANY DISPUTE BETWEEN US, YOU HEREBY WAIVE YOUR RIGHT TO TRIAL BY JURY AND AGREE TO HAVE THE DISPUTE RESOLVED BY A COURT OF COMPETENT JURISDICTION IN TOM GREEN COUNTY, TEXAS WITHOUT A JURY. YOU ACKNOWLEDGE THAT THE RIGHT TO A JURY IS A CONSTITUTIONAL RIGHT, THAT YOU HAVE HAD THE OPPORTUNITY TO CONSULT WITH INDEPENDENT LEGAL COUNSEL, AND THAT YOU VOLUNTARILY CONSENT TO THIS WAIVER.
OTHER LEGAL PROVISIONS. If any provision herein is determined by a court of competent jurisdiction to be invalid or unenforceable, then the remaining provisions shall nevertheless be fully enforceable, and the invalid provision will be reformed to the least extent necessary to make it valid and enforceable. We are not liable for any delays or failure of performance due to causes beyond our control, including, without limitation, acts of God, war, terrorism, natural disaster, governmental regulation, utility failure, acts of third parties, or other force majeure. Headings used herein are for convenience of reference only and do not form a substantive part of the agreement between the parties. This instrument constitutes the entire agreement between the parties. Neither party has made any agreement, representation, or express or implied warranty, except as may be expressly stated in this agreement. These Terms and Conditions may not be amended, except by a change of these Terms and Conditions posted by us on this Site or subsequent written instrument signed by both parties. Time is of the essence in this agreement. The waiver of any breach of this agreement by either party shall not constitute a continuing waiver or a waiver of any subsequent breach of this agreement. Any failure by us to enforce any provision of these Terms & Conditions or any related rights shall not constitute a waiver of that right or provision. If anything on this Site or in the Content varies from these Terms & Conditions, these Terms & Conditions control for all purposes.
ACKNOWLEDGMENT OF UNDERSTANDING. You acknowledge having read and understanding every provision of these Terms and Conditions. And after having the opportunity to consult with legal counsel of your choice concerning the legal effect of these Terms and Conditions, you are proceeding to use the Site and order products from us. By doing so, you are freely and voluntarily agreeing to the Terms and Conditions, and you agree to be bound by every provision of these Terms and Conditions.
INTELLECTUAL PROPERTY. The Content and the Site are our copyrights, trademarks, trade dress, and other intellectual property. We grant you a limited, revocable license to use the Content and the Site solely for personal use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, the Site, or any related software, code, or information. We take the protection of our intellectual-property rights very seriously. We may take legal action against anyone who misuses our protected intellectual property. If you become aware of anyone who may be misusing our intellectual property or violating these Terms & Conditions, please contact us immediately.
POLICY CHANGES. Because we will continue to implement new technologies and to improve the products and services that we offer you, our policies are subject to change at any time in our sole discretion. Any policy changes will be posted on the Site.
PARTIES. The terms “we” and “us” as used herein refer to Out West Enterprises, LLC. d/b/a Out West Feed & Supply a Texas corporation, it’s directors, officers, shareholders, agents, affiliates, contractors, successors, and assigns. The term “you” as used herein means you and your family members, personal representatives, beneficiaries, heirs, successors, assigns, and other affiliates.