Welcome to By Western Hands These Terms of Use (“Terms”) apply to your access to and use of the websites, mobile applications and online services (collectively, the “Services”) of By Western Hands Inc. and our subsidiaries and affiliates (collectively, “By Western Hands,” “BWH,” “we” or “us”) and your purchase of products and services from us, unless we provide you with different terms. By accessing or using the Services or making a purchase from us, you agree to be bound by these Terms and all terms incorporated herein by reference. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES OR PURCHASE PRODUCTS OR SERVICES FROM US.
These Terms do not alter the terms or conditions of any other agreement you may have with us. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms.
We reserve the right to change or revise these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Services or purchase products or services from us following the posting of any changes to these Terms, you confirm your acceptance of the revised Terms. We encourage you to review these Terms frequently to ensure that you understand the terms and conditions that apply when you access and use the Services and purchase products or services from us.
If you have any questions, comments or concerns about these Terms, please contact us at info@bywesternhands.org.
1. Privacy
Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.
2. Eligibility
The Services are not targeted toward or intended for use by anyone under the age of 18. By using the Services, you represent and warrant that you (a) are 18 years of age or older; (b) are a legal resident of the United States; (c) have not been previously suspended or removed from the Services or engaged in any activity that could result in suspension or removal from the Services; and (d) have full power and authority to enter into these Terms and that doing so will not violate any other agreement to which you are a party.
3. Registration and Accounts
In order to access and use certain areas or features of the Services, including to make any purchases, you will need to register for an BWH account. When registering as a member, you agree to (a) provide accurate, current and complete account information; (b) maintain and promptly update your account information as necessary; (c) maintain the security of your account credentials and the information you provide to us; (d) do not share your account credentials with others; and (e) notify us immediately if you discover or otherwise suspect any security breaches related to the Services or your account.
4. Terms of Sale
These Terms govern the purchase and sale of products and services from By Western Hands.
4.1 Pricing and Availability
All prices are shown in U.S. dollars, and taxes, shipping and handling charges are additional. All products and services are subject to availability, and we reserve the right to impose quantity limits on any order, cancel all or any part of an order, and discontinue products and services without notice, even if you have already placed your order. All prices are subject to change without prior notice.
4.2 Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, we will notify you and your order may be suspended or cancelled if you do not resolve the issue promptly. In the event that you want to change or update payment information associated with your online BWH account, you can do so at any time by logging into your account and editing your payment information. You acknowledge that the amount billed may vary due to promotional offers, changes to your order or changes in taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
4.3 Taxes
We are required by law in Wyoming where we have a presence to charge applicable sales tax on products sold in Wyoming or shipped to Wyoming addresses. Wyoming, we are also required to charge tax on shipping charges. We do not collect sales tax on gift cards, as the appropriate sales tax will be charged on the purchase when the gift card is redeemed. Any sales or use tax on sales to purchasers outside of Wyoming are the responsibility of the Purchaser. By purchasing the goods you agree to pay the applicable sales or use tax in the State in which the goods are delivered unless you have a currently valid sales and use tax exemption in that state.
4.4 Errors
We attempt to be as accurate as possible and to eliminate errors; however, this site may contain typographical errors or inaccuracies and may not be complete or current. In the event of an error, whether on the Services, at a physical retail location, in an order confirmation or in processing an order or delivering a product or service, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged.
4.5 Shipping and Handling
Please visit our Shipping & Delivery page for more information about where we ship products.
You agree to pay any shipping and handling charges presented to you at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. When you purchase a product from us, any shipping times we provide are estimates only and actual delivery dates may vary. In addition, some products are delivered by our white-glove and/or entryway services and require an appointment with you for in-home delivery.
Title to, and the risk of loss for, all products pass to you upon delivery to you. For more information about our shipping policies, please visit our Shipping & Delivery page.
4.6 White-Glove Service
Some products that are oversize, heavy, fragile or one of a kind are delivered by a third party white-glove service to ensure that they arrive safely. White-glove products cannot be shipped by any other delivery method because of their weight, their size and/or the special care and handling they require. White-glove deliveries are made Monday through Friday, 8 a.m. to 5 p.m. Weekend delivery is not available.
As part of the white-glove service, the third party will bring the product(s) into your home, perform light assembly (e.g., attaching the legs to a table and inserting hardware) and dispose of the packaging materials. The white-glove service is unable to provide more-involved types of assembly and construction, and we cannot move existing furniture or make any modifications to your home. Please measure your space (doorways, elevators, stairways, etc.) before buying products from us to ensure that they will fit into your home. If a product does not fit, it will be sent back to us and return shipping charges and a restocking fee will be deducted from the amount of your refund. In addition, the original shipping charges will not be refunded.
Please contact us at 307-586-1755 if there could be any delivery challenges at your home, such as multiple flights of stairs or a narrow or long driveway. Note that additional charges may apply in such instances.
For more information about the white-glove service, please see our Shipping & Delivery page.
4.7 Entryway Service
The third party entryway service is an alternative to the white-glove service and may be available for certain oversize, heavy, fragile or one of a kind products. Entryway deliveries are made Monday through Friday, 8 a.m. to 5 p.m. Weekend delivery is not available. Note that the entryway service is less expensive than our white-glove service, but it does not include bringing the product(s) into your home, performing light assembly or disposing of packaging materials. For more information about the entryway service, please see our Shipping & Delivery page.
4.8 Damaged or Missing Products
Upon receipt of your order, please inspect your package. If you receive a damaged product, By Western Hands will replace the product or issue a refund (including shipping charges) at no cost to you. Simply contact us at info@bywesternhands.org and submit pictures documenting damages.
In the event that you observe significant damage to the product’s outer packaging, please reject the shipment and have the carrier return it. If there is minor damage to the packaging, please indicate this when you sign for the shipment.
Please note that some products are shipped directly from the Artisan, and others are shipped from our Showroom first for repackaging. As a result, your purchases may arrive in multiple shipments. Please visit the “Orders” section of your online BWH account to track the status of your orders. If all of your shipments have been delivered and you are still missing products, please Contact Us immediately.
4.9 Returns and Refunds
We accept returns and issue refunds for items that arrive damaged and must be notified within 90 days of purchase for standard UPS ground shipment’s. Items shipped white glove or door to door freight By Western Hands must be notified immediately upon delivery no more than 3 days.
5. License to Access and Use Our Services and Materials
Unless otherwise indicated in writing By us, the Services and all content and other materials contained therein, including, but not limited to, logos, designs, text, graphics, photos, videos, information, data, software, sound files, User Content (as defined in Section 11), other files and the selection and arrangement thereof (collectively, “Materials”), are the proprietary property of By Western Hands or our licensors and are protected by U.S. and international copyright and trademark laws. The unauthorized reproduction or distribution of a copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by federal law enforcement agencies and is punishable by up to five years in prison and a fine of $250,000.
You are here by granted a limited, nonexclusive, nontransferable, nonsublicensable license to access and use the Services and Materials. However, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use the Services or Materials unless you have our prior written approval; (b) distribute, reproduce, publicly perform or publicly display any Materials, except as expressly permitted By BWH; (c) modify or otherwise make any derivative uses of the Services or Materials, or any portion thereof; (d) use any data mining, robots or similar data gathering or extraction methods; (e) download (other than the page caching) any portion of the Services or Materials; (f) use the Services or Materials other than for their intended purposes; (g) decompile, reverse engineer, disassemble or otherwise reduce the technology underlying the Services to a human-perceivable form; (h) copy, frameset, enclose or otherwise distribute any part of the Services; or (i) display any Materials in connection with any obscene, explicit, indecent or infringing materials or information. Any use of the Services or Materials other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of By Western Hands or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
6. Copyright Complaints; Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act and other laws, we have adopted a policy of limiting access to the Services By, or terminating the accounts of, individuals who infringe the intellectual property rights of others. If you believe that anything on the Services infringes any copyright that you own or control, you may file a notification of such infringement with our designated agent as set forth below:
By Westerns Hands
Attn: Legal Department
PO Box 1661
Cody, Wyoming 82414
admin@bywesternhands.org
With a copy to:
By Western Hands
Attn: Board of Directors
PO Box 1661
Cody, Wyoming 82414
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying on such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
7. Trademarks
“By Western Hands”, the By Western Hands logo and any other By Western Hands product or service names, logos or slogans that may appear on the Services or products are trademarks of By Western Hands and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “By Western Hands” or any other name, trademark or product or service name of By Western Hands without our prior written permission. In addition, the look and feel of the Services and products, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of By Western Hands and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product and service names and company names or logos mentioned on the Services or products are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation By Western Hands.
8. Hyperlinks
You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Services for noncommercial purposes, provided that such link does not portray By Western Hands or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a By Western Hands logo or other proprietary graphic of By Western Hands to link to the Services without our prior written permission. Further, you may not use, frame or utilize framing techniques to enclose any By Western Hands trademark, logo or other proprietary information, including the images found on the Services or products, the content of any text or the layout or design of any page, or form contained on a page, on the Services without our prior written consent.
By Western Hands makes no claim or representation regarding the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Services or of websites linking to the Services. Such sites are not under our control and we provide these links to you only as a convenience. The inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data-gathering practices, of any site to which you navigate from the Services.
9. Third-Party Content
We may display content, advertisements and promotions from independent vendors and other third parties through the Services or in shipments with products (collectively, “Third-Party Content”). We do not control, endorse or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. Please be further advised that, pursuant to Section 230 of the federal Communications Decency Act, providers of interactive computer services are not considered or treated as publishers or speakers of information that is provided by other information content providers.
You acknowledge and agree that your interactions with third parties providing Third-Party Content are solely between you and such third parties, that third parties are solely responsible for Third-Party Content.
10. User Conduct
You agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Services or any third-party platforms where we have an official presence (such as Facebook, Twitter, Instagram, Pinterest and YouTube). You agree that you will abide by these Terms and will not:
11. User Content
The Services may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, text, photos, videos, graphics, code, items or other materials (collectively, “User Content”). In the event that you decide to share your User Content with others through the Services or third-party platforms, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Services.
By using the interactive features and areas of the Services or any third-party platforms on which we have an official presence, you further agree not to create, post, share or store any of the following:
Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense.
We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to the Services or to our pages or feeds on third-party platforms, you here By grant BWH a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes.
By uploading, posting or submitting User Content to BWH through the Services or through our pages or feeds on third-party platforms, you represent and warrant that (a) such User Content is nonconfidential; (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content; (c) you authorize BWH to use such User Content for the purposes described in these Terms; (d) the User Content is accurate and not misleading or harmful in any manner; and (e) the User Content, and your use and posting thereof, does not and will not violate these Terms or any law, rule, regulation or third-party right.
12. Feedback
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials and other information about By Western Hands, the Services and our products and services which will not be publicly available when submitted (collectively, “Feedback”) to us. Feedback is nonconfidential and shall become the sole property of By Western Hands. By Western Hands shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
13. Disclaimers
What follows applies only to your use of our Site and does not affect any rights you have under the Uniform Commercial Code, applicable laws addressing products liability or rights you have pursuant to our return policy at bywesternhands.org.
THIS WEBSITE CONTENT IS PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENTS.
14. Modifications
We reserve the right to change any and all Materials and to modify, suspend or stop providing access to the Services (or any features or functionality of the Services) at any time, without notice. You acknowledge that temporary interruptions in the availability of the Services may occur from time to time as normal events.
15. Termination
We reserve the right to terminate your right to access and use the Services, at any time and for any or no reason.
16. Governing Law and Venue
THESE TERMS, YOUR ACCESS TO AND USE OF THE SERVICES, AND YOUR ORDER, RECEIPT AND USE OF PRODUCTS AND SERVICES YOU PURCHASE FROM US SHALL BE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WYOMING, WITHOUT REGARD TO CONFLICT OF LAW RULES OR PRINCIPLES (WHETHER OF THE STATE OF WYOMING OR ANY OTHER JURISDICTION) THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION. ANY DISPUTE BETWEEN THE PARTIES THAT CANNOT BE HEARD IN SMALL CLAIMS COURT, SHALL BE RESOLVED IN THE STATE COURTS OF THE FIFTH JUDICIAL DISTRICT OF WYOMING OR FEDERAL COURTS OF WYOMING.
17. Miscellaneous
Unless otherwise specified herein, these Terms constitute the entire agreement between you and By Western Hands with respect to the Services and any products and services you purchase from us and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and By Western Hands with respect to the same. By Western Hands’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The section headings contained in these Terms are included for convenience only and shall not limit or otherwise affect the terms contained herein. These Terms, and any rights and licenses granted under these Terms, may not be transferred or assigned by you without the prior written consent of By Western Hands. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights on any other person or entity.
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