Michigan Magic Terms of Use

Last Updated: November 3, 2023

Michigan Magic Bait and Tackle is a e-commerce website available at www.michiganmagicbaits.com (the “Website.”) and its affiliates (referred to through these terms as “we”, “us” or “our”) provide access to the Website to you subject to these terms and conditions (the “Terms of Use”). By using the Website, you agree to these Terms of Use. If you do not wish to agree to these terms, please refrain from using the Website.

  1. Changes to Terms of Use

    We reserve the right at all times to discontinue or modify any of these terms as we deem necessary or desirable. Such changes may include, among other things, the adding of certain fees or charges. We may, but are not necessarily obligated to notify you by posting notice of the change on the Website. Any changes to these Terms of Use will be effective upon our posting of notice of the changes on our Website. We suggest you, therefore, reread this section of our Website from time to time to stay informed of any such changes. Use of the Website by you after such notice shall be deemed to constitute acceptance by you of such modifications.

  2. Conditions to Use the Website

    Your permission to use the Website is conditioned upon your agreement that you:

    • will comply with these Terms of Use;

    • are at least 13 years old;

    • will not copy or distribute any part of the Website in any manner without our prior written consent;

    • will not use the Website for any commercial purposes other than the specific commercial activities contained on the Website and will not use it to obtain data or personal information about any other users or to solicit other users or advertisers;

  1. Promotions, Sweepstakes and other Contests

    We reserve the right to, on occasion, offer special promotions, contests and/or sweepstakes intended to provide you an incentive to use or promote the Website or engage with advertisers or others associated with the Website. The applicable rules will be posted on the Website in or near the description of each such promotion. We reserve the right to interpret the rules related to any such promotion, contest or sweepstakes in our sole discretion, and you hereby agree to our interpretation.

  2. Products or Services

    The following terms in these Terms of Use are applicable to those who make a purchase of goods through the Website.

    • Product Descriptions. We make great effort to put accurate product information, descriptions and images on the Website, but will not be held responsible for any mistakes or omissions to any information made available. The description of products are subject to change at any time without notice, at our sole discretion.

    • Prices. Prices for our goods are subject to change without notice. Prices on the website do not include delivery charges. Any delivery charges are clearly listed before checkout. We shall not be liable to you or any third party for any price change.

    • Modifications. Prices for our goods are subject to change without notice. We reserve the right at any time to modify or discontinue any goods (or any part or content thereof) without notice at any time. We shall not be liable to you or any third party for any modification, suspension or discontinuance of any of our goods.

    • Tax. If required by law, tax will be collected from a user at the time of purchase..

    • Method of Payment. We accept the following methods of payment: Debit Card, Credit Card

    • Unavailable Products. If, after purchasing and completing payment for a product, that product is unavailable, you will be refunded the purchase price, we will contact you to inquire about whether you want to wait until the product is available. If within 30 days we receive no response, you will be refunded the purchase price, including any amount paid for delivery, within 30 days. If no response is received and the product becomes available within 30 days, we will promptly ship the product to you. If an unavailable product will not be restocked, we will refund you..

    • Discretion. We reserve the right but are not obligated, to limit the sales of our goods to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to discontinue any product at any time. Any offer for any goods made on this site is void where prohibited.

  1. Delivery

    Delivery dates are estimates, and time is not of the essence for the delivery dates. All shipments will be made Ex Works from our shipping location unless otherwise specified. Delivery to a carrier constitutes delivery to you. A product purchased under these Terms of Use shall be deemed accepted by you and title will transfer to you upon shipment. It is your responsibility to seek compensation from the carrier for damaged or missing products. We are not responsible for any claims or damages resulting from a delay in delivery or failure to perform which results from force majeure.We do not ship internationally..

  2. Refund Policy

    We want you to be satisfied with our goods. If you feel there was a problem with the goods you received please contact us as listed below in the Contact section. If you decide that you want a refund, all such requests must be submitted within 30 days of purchase.

    • Limitations. All third party fees and shipping costs are non-refundable..Additionally, refunds are subject to the following limitations: Broken or damaged goods

    • Form of Refund. Your refund will be issued in the same form that it was received. For example, if the payment to us was made by credit card then the refund will be issued to the same credit card used to make the payment.

  1. General Maintenance

    We may make the website unavailable for periods of time for general maintenance. The length of such unavailability will be kept to a minimum, but we offer no guaranty as to a length of time the website may be unavailable. We are not liable for any issue that may arise from such unavailability.

  2. Termination

    We reserve the right to alter or discontinue the Website or any of the services provided herein at any time without prior notice. We also reserve the right to terminate these Terms of Use at our election and for any reason, without prior notice. The agreement between us and you will automatically terminate if, in our sole discretion, you violate any of These Terms of Use set forth below. A termination will result in the immediate cessation of access to the Website. The Disclaimers of Warranty and Limitation of Liability, and Indemnity sections shall survive the termination of the agreement between you and us.

  3. Disclaimers of Warranty  

    We provide the Website and the related goods and services "as is", “where is”, and "as available." We make no express and/or implied warranties or guarantees about the Website, the goods and services described thereon or the Advertisers. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND THE MERCHANTS WHO ADVERTISE WITH US DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES THAT THE WEBSITE AND SERIVCES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY OR FIT FOR A PARTICULAR PURPOSE OR NEED. WE IN NO WAY GUARANTEE THAT WE WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, ACCURATE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE MAKE NO GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (A) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS; (B) INACCURACY, INCOMPLETENESS OR TIMELINESS OF THE SERVICES; (C) THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION; AND (D) DAMAGES AS A RESULT OF THE TRANSMISSION, USE OR INABILITY TO USE THE SERVICES, INCLUDING THE UNAVAILABILITY OF THE SERVICES, OR CIRCUMSTANCES OVER WHICH THE ORGANIZATION HAS NO CONTROL.

  4. Limitations of Liability

    WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS WHO ADVERTISE HERE, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITE IN ANY WAY. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, DAMAGE TO ANY OTHER EQUIPMENT, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS WHO ADVERTISE HERE, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE DISPUTES OR CLAIMS WITH US IS TO CEASE USE OF THE WEBSITE. NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

    • In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

  1. Indemnity

    You agree to defend, indemnify and hold harmless us, our officers, directors, representatives, employees and agents and all of our parent companies, affiliates, related companies and their officers, directors, representatives, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your violation of any term of these Terms of Use; or (ii) your violation of any third party right, including without limitation any copyright, property, privacy right, or any and all intangible or intellectual property rights;

  2. Intellectual Property

    • We, or people from whom we obtained a license, retain ownership of all intellectual property rights of any kind associated with the Website, including all applicable trademarks, copyrights and other proprietary rights such as trade secrets. Through the use of this Website pursuant to these Terms of Use, you have a limited right to use the Website, but in no way are we granting any license to you under any of those intellectual property rights. We reserve all rights that are not expressly granted to you in these Terms of Use. You may print limited numbers of one or more pages from the Website for your personal use.

    • We retain, to the maximum extent possible, all ownership, without limitation, of all the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein ("Marks") unless they are marks used by Merchants who have provided them to us for use on this Website. The Marks are owned or licensed to us, subject to copyright and other intellectual property rights under the law of the United States of America, the law of the jurisdiction where you reside, and international conventions. All content on the Website provided by us is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Website.

  1. Entire Agreement

    These Terms of Use, including the Privacy Policy, constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.

  2. Choice of Law

    To the maximum extent authorized by law, the laws of the State of Michigan govern the interpretation of these Terms of Use and any disputes arising in connection with it, regardless of conflict of laws principles.

  3. Headings

    The section headings used herein are for convenience only and shall be of no legal force or effect.

  4. Severability

    If any provision of these Terms of Use is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use, and the remaining portions of these Terms of Use shall continue in full force and effect.

  5. Third Party Beneficiaries

    There are no third-party beneficiaries of these Terms of Use. You may not assign these Terms of Use or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. No one shall be deemed a third-party beneficiary to these Terms of Use.

  6. Contact

    We are located at 8834 E 34 Rd #131, Cadillac, MI, 49601. If you have questions about these Terms of Use, you may contact us by:

    • Email at service@michiganmagicbaits.com