Welcome to johnwaynestockandsupply.com. John Wayne Stock and Supply Company, LLC and/or its affiliates ("John Wayne Stock and Supply") provide online services to you subject to the following conditions. By visiting or shopping at johnwaynestockandsupply.com, you accept the following terms and conditions. Please read them carefully.
PHYSICAL ADDRESS
The physical address for John Wayne Stock and Supply is:
JOHN WAYNE STOCK AND SUPPLY CO., LLC
210 62nd Street
Newport Beach, California 92663
phone: (949) 631-8411
fax: (949) 631-8412
e-mail: sales@johnwaynestockandsupply.com
ELECTRONIC COMMUNICATIONS
By visiting johnwaynestockandsupply.com or sending e-mail(s) 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 website, in our discretion. You agree that all agreements, notices, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
TRADEMARKS
JOHN WAYNE, JOHN WAYNE STOCK AND SUPPLY, JOHN WAYNE STOCK & SUPPLY CO/LOGO, THE RED RIVER D/LOGO, and johnwaynestockandsupply.com, and other johnwaynestockandsupply.com graphics, logos, page headers, and service marks ("Marks") are trademarks, registered trademarks or trade dress of Wayne Enterprises, LP in the U.S. and/or other countries. The Marks may not be used in connection with any product or service without permission, or in any manner that disparages or discredits John Wayne Stock and Supply. All other trademarks besides the Marks that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Wayne Enterprises, LP or John Wayne Stock and Supply LLC. The John Wayne name and likeness and all other related indicia are the intellectual property of Wayne Enterprises, LP. All rights are hereby reserved.
COPYRIGHT
All content included on this site, such as graphics, logos, text, images, audio and/or video clips, digital downloads, data compilations, and software, is the property of John Wayne Stock and Supply or its content suppliers and protected by United States and international copyright laws. All software used on this site is the property of John Wayne Stock and Supply or its software suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of John Wayne Stock and Supply and protected by U.S. and international copyright laws.
LICENSE AND SITE ACCESS
John Wayne Stock and Supply grants you a limited license to access and make personal use of this site and not to download or modify it, or any portion of it, except with express written consent of John Wayne Stock and Supply. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; any deep-linking, or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of John Wayne Stock and Supply. 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 John Wayne Stock and Supply without express written consent. You may not use any meta tags or any other "hidden text" utilizing John Wayne Stock and Supply's name or trademarks without the express written consent of John Wayne Stock and Supply. Any unauthorized use or access terminates the permission or license granted by John Wayne Stock and Supply. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of johnwaynestockandsupply.com so long as the link does not portray John Wayne Stock and Supply or its products or services, or John Wayne, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any John Wayne Stock and Supply logo or other proprietary graphic or trademark as part of the link without express written permission of John Wayne Stock and Supply.
YOUR JOHNWAYNESTOCKANDSUPPLY.COM ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account, user name 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. John Wayne Stock and Supply may 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 johnwaynestockandsupply.com only with involvement of a parent or guardian. John Wayne Stock and Supply reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
COMMENTS, REVIEWS, AND OTHER CONTENT
Visitors may post comments, reviews and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, derogatory, defamatory, threatening, harassing or 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. John Wayne Stock and Supply 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 John Wayne Stock and Supply 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 John Wayne Stock and Supply 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 John Wayne Stock and Supply for all claims resulting from content you supply. John Wayne Stock and Supply has the right but not the obligation to monitor and edit or remove any activity or content.
THIRD PARTY LINKS
This site may use content or provide links to third-party web sites that are not owned or controlled by John Wayne Stock and Supply. Certain features on the site are provided by third parties and your use of these features is subject to the third party’s terms and conditions of use. You may be able to link to or access third parties’ sites (“Linked sites”) from the site. Linked sites are not, however, reviewed, controlled, or examined by John Wayne Stock and Supply in any way and John Wayne Stock and Supply is not responsible for the User Content, availability, advertising, products or other materials of any such Linked sites, or any additional links contained therein. These links do not imply John Wayne Stock and Supply’s endorsement of or association with the Linked sites. It is your sole responsibility to comply with the appropriate terms of use of the Linked sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked sites. In no event shall John Wayne Stock and Supply be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the use of the Linked sites or the information or material accessed through these Linked sites. You should direct any concerns to that site’s administrator or webmaster. John Wayne Stock and Supply reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any reference or link to any of the Linked sites from the site.
COPYRIGHT COMPLAINTS
John Wayne Stock and Supply respects the intellectual property of others. If you believe that your work has been copied or infringed upon in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement as set forth below.
RISK OF LOSS
All items purchased from John Wayne Stock and Supply are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
John Wayne Stock and Supply attempts to be as accurate as possible. However, John Wayne Stock and Supply does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by John Wayne Stock and Supply itself is not as described, your sole remedy is to return it in unused condition.
PRICING
With respect to items sold by John Wayne Stock and Supply, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog and/or in our webstore may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY JOHN WAYNE STOCK AND SUPPLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. JOHN WAYNE STOCK AND SUPPLY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, JOHN WAYNE STOCK AND SUPPLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JOHN WAYNE STOCK AND SUPPLY DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM JOHN WAYNE STOCK AND SUPPLY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JOHN WAYNE STOCK AND SUPPLY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, 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.
APPLICABLE LAW
By visiting johnwaynestockandsupply.com, you agree that the laws of the state of California, 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 John Wayne Stock and Supply. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Conditions of Use must be filed within one (1) year after such claim or cause of action arises or will be forever barred.
DISPUTES
Any dispute relating in any way to your visit to johnwaynestockandsupply.com or to products or services sold or distributed by John Wayne Stock and Supply or through johnwaynestockandsupply.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Orange County, California, and you consent to exclusive jurisdiction and venue in such courts.
SEVERABILITY
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
AMENDMENT AND WAIVER
These Conditions of Use may only be amended or waived in writing, signed by an officer of John Wayne Stock and Supply. John Wayne Stock and Supply may also revise these Conditions of Use on a prospective basis by posting revised terms and conditions on the site. The waiver by either party of a breach or right under these Conditions of Use will not constitute a waiver of any subsequent breach or right.
MOBILE/WIRELESS POLICY
John Wayne Stock and Supply may make content available to your mobile device, SMS messaging service or other wireless device. In addition to any fee of which you are notified, your carrier’s standard messaging rates apply to John Wayne Stock and Supply’s confirmation message and all subsequent communications. All charges are billed by and payable to your mobile service provider. John Wayne Stock and Supply will not be liable for any delays in the receipt of any SMS messages or other mobile/wireless communications, as delivery is subject to effective transmission from your network operator.
Data obtained from you in connection with mobile/wireless services may include your cell phone number, your carrier’s name, and the date, time, and content of your messages. John Wayne Stock and Supply may use this information to contact you and to provide the services you request. John Wayne Stock and Supply will not share this information with a third party.
PRIVACY
John Wayne Stock and Supply collects information about the users of the site. Collection of this information is governed by John Wayne Stock and Supply’s Privacy Policy, which may be accessed at http://www.johnwaynestockandsupply.com/[privacy/].
RESERVATION OF RIGHTS
Any rights not expressly granted herein are reserved by John Wayne Stock and Supply.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide johnwaynestockandsupply.com's copyright agent the written information specified below.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
johnwaynestockandsupply.com's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Copyright Agent
JOHN WAYNE STOCK AND SUPPLY CO., LLC
Legal Department
210 62nd Street
Newport Beach, California 92663
phone: (949) 631-8411
fax: (949) 631-8412
e-mail: sales@johnwaynestockandsupply.com
