Terms of Use
Welcome to Skippers.com. Skippers Services provide website features and other products and services to you when you visit or shop at Skippers.com, or use Skippers products or services. Skippers provides the Skippers Services subject to the following conditions.
By using Skippers.com, you agree to these conditions. Please read them carefully.
We offer a wide range of products, and sometimes additional terms may apply.
PRIVACY
Please review our Privacy Notice, which also governs your use of Skippers Services, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you use any Skippers Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Skippers Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included in or made available through any Skippers Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Skippers or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Skippers Service is the exclusive property of Skippers and protected by U.S. and international copyright laws.
TRADEMARKS
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Skippers Service are trademarks or trade dress of Skippers in the U.S. and other countries. Skippers’ trademarks and trade dress may not be used in connection with any product or service that is not Skippers, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Skippers. All other trademarks not owned by Skippers that appear in any Skippers Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Skippers.
PATENTS
One or more patents owned by Skippers apply to the Skippers Services and to the features and services accessible via the Skippers Services. Portions of the Skippers Services operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Skippers or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Skippers Services. This license does not include any resale or commercial use of any Skippers Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Skippers Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Skippers or its licensors, suppliers, publishers, rightsholders, or other content providers. No Skippers Service, nor any part of any Skippers Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Skippers. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Skippers without express written consent. You may not use any meta tags or any other “hidden text” utilizing Skippers’s name or trademarks without the express written consent of Skippers. You may not misuse the Skippers Services. You may use the Skippers Services only as permitted by law. The licenses granted by Skippers terminate if you do not comply with these Conditions of Use or any Service Terms.
YOUR ACCOUNT
If you use any Skippers Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Skippers does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Skippers Services only with involvement of a parent or guardian. Alcohol listings on Skippers are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Skippers reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Skippers reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Skippers a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Skippers and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Skippers for all claims resulting from content you supply. Skippers has the right but not the obligation to monitor and edit or remove any activity or content. Skippers takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Skippers are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Skippers does not take title to returned items until the item arrives at our center. At our discretion, a refund may be issued without requiring a return. In this situation, Skippers does not take title to the refunded item.
PRODUCT DESCRIPTIONS
Skippers attempts to be as accurate as possible. However, Skippers does not warrant that product descriptions or other content of any Skippers Service is accurate, complete, reliable, current, or error-free. If a product offered by Skippers itself is not as described, your sole remedy is to return it
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SKIPPERS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SKIPPERS SERVICES ARE PROVIDED BY SKIPPERS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SKIPPERS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SKIPPERS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SKIPPERS SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SKIPPERS SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SKIPPERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SKIPPERS DOES NOT WARRANT THAT THE SKIPPERS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SKIPPERS SERVICES, SKIPPERS SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM SKIPPERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SKIPPERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SKIPPERS SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SKIPPERS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
DISPUTES
Any dispute or claim relating in any way to your use of any Skippers Service, or to any products or services sold or distributed by Skippers or through Skippers.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
APPLICABLE LAW
By using any Skippers Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Skippers.