Terms of Use

Terms of Use

Last revised: 10/27/24

PLEASE READ THESE TERMS OF USE CAREFULLY. 

BY ACCESSING, BROWSING, OR USING THIS WEBSITE, ONLINE SERVICE OR ECOMMERCE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS, ALL OTHER TERMS INCORPORATED BY REFERENCE, AND ALL APPLICABLE LAWS AND REGULATIONS. 

IF YOU DO NOT AGREE, THEN YOU MAY NOT USE THIS WEBSITE, ONLINE SERVICE OR ECOMMERCE PLATFORM.

These terms and conditions (“Terms”) apply to use by each user (“you” or “your”) of any website, online service or ecommerce platforms of Kerrville Antler Buyers, LLC and/or its subsidiaries and affiliated companies (collectively, “KAB,” “we,” “us” or “our”), including theantlerstore.com and any other website, online service, or mobile application where these Terms of Use are posted or are accessible via hyperlink (collectively, the “Sites” and each a “Site”). 

From time to time, we may change these Terms, and we may do so with or without notice to you. You waive any right you may have to receive specific notice of such changes. You are responsible for reviewing these Terms for any changes and for understanding applicability to your use of the Sites. You will be bound by the version of the Terms posted at the time that you use a Site. Your continued use of the Sites will confirm your acceptance of such changes. If you do not agree to the changed terms, you must stop accessing and using the Sites. 

Ability to Agree to Terms of Use

The Sites are not targeted towards, nor intended for use by, anyone under the age of 13.  If you are between the ages of 13 and 18, you may only use the Sites under the supervision of a parent or legal guardian who agrees to be bound by these Terms.  If you are over the age of 18, you acknowledge that you are fully able and competent to comprehend, understand and enter into the terms, conditions, limitations, obligations, representations and warranties contained in these Terms. 

By using our Sites, you certify that you are at least 18 years of age, or between the ages of 13 and 18 under the supervision of a parent or legal guardian as stated above, and are not a resident of or located in the state of California, and that you are not a resident of or located in the European Economic Area or any other country subject to the General Data Protection Regulation (“GDPR”). Misrepresenting your age as 18 or more constitutes a violation of these Terms of Use. If you are a parent or guardian of a person under 18, you are responsible for their use of our Sites, including all purchases they make. KAB does not intend to collect personal information about children under the age of 13 without prior parental consent to such collection of personal information. If the parent or guardian discovers that a person under the age of 13 has provided personal information to us, the parent or guardian must promptly notify us to request deletion of the personal information. 

Privacy Policy

You confirm that you have read our Privacy Policy, the terms of which are incorporated herein, and agree that the terms of the Privacy Policy are reasonable.  You consent to the use of your personal information in accordance with the terms of and for the purposes set forth in our Privacy Policy.  Please visit the Privacy Policy by clicking on this link.

Products and Services

The Sites may contain information regarding various products and services. That a product or service appears, or does not appear, on a Site is not any guarantee of availability of such product or service. The appearance or description of any product or service on a Site is not an offer for sale, or a representation or warranty of quality, performance or suitability for your application.

Please be aware that products or services may not be available in the quantity, configuration or model that you desire, and may not be available for sale in or delivery to your country or location. Please contact a KAB sales representative to obtain up-to-date availability, pricing, delivery options, and other information concerning the products and services.

The Sites are provided for informational and educational purposes only. Nothing in these Terms or on any Site will modify or amend any warranty, service contract, purchase order, supply agreement, or any other agreement that you may have separately entered into with KAB, nor do these Terms otherwise provide any such warranty or guarantee or promise of performance or supply.

Except for any separate, written, signed agreement that you have entered into with KAB, which will apply to the subject matter stated therein according to its terms, these Terms exclusively govern all purchases of products and services through the Sites. KAB expressly rejects any additional or different terms, whether stated in any purchase order, email, or otherwise. 

Accounts

The Sites may allow you to place orders for products or services as an unregistered guest or by registering for a password-protected account. Some products or services on the Sites may not be available to you if you do not create an account. If you create an account, you are responsible for: (a) maintaining the confidentiality of your account, account information, username, and password and for restricting access to your account and account information to authorized persons, (b) accepting responsibility for all activities that occur under your account, username, or password, (c) providing true, accurate, current, and complete registration information for all required fields about yourself on all forms you complete; (d) maintaining and updating this information to keep it accurate and current; and (e) immediately notifying us of any suspected unauthorized use of your account, account information, username, or password. Your registration on our Sites is personal to you and is not transferable. We are not responsible for any loss that results from unauthorized use of your account or account information. In the event of any actual or suspected loss, theft, or unauthorized use of your account or account information, you must immediately notify us.

Orders

Until the time we ship your order or you pick up your order at one of our locations, we may modify, decline, or cancel your order placed on our Sites, or any portion thereof, even after you receive an order confirmation. We also reserve the right, in our sole discretion, to limit the quantity of items ordered, refuse service to any customer, terminate accounts, remove or edit content, prohibit sales to resellers, dealers, and similar persons, and/or to cancel, limit, or impose conditions on the use of any coupon, coupon code, promotional code, or other similar promotion. Some examples of situations in which we may cancel your order include lack of product availability, limited quantities, errors in product or pricing information, and problems with the chosen payment method. We may require additional information or verification from you before accepting your order. The receipt of an order confirmation, whether by e-mail or otherwise, does not constitute acceptance of an order or a confirmation of an offer to sell. By placing an order on our Sites, you represent that the items ordered will be used, possessed, and transferred only in a lawful manner. If your order includes more than one item, we may ship your items to you in more than one shipment. The risk of loss and title for the products you purchase through the Sites will pass to you when we deliver the products to the shipment carrier or you pick them up in one of our stores. Unless we expressly state otherwise for a specific order that we have accepted, we do not guarantee delivery by any specific date or time. 

Please note that we do not accept orders submitted from California or any location outside the United States of America. We reserve the right to cancel any orders in violation of these limitations. 

Pricing and Payment

All products, prices, features, and specifications listed on our Sites are subject to change at any time without notice. Although we strive to provide accurate product and pricing information, errors in product and pricing information may occur from time to time. You agree that we are not responsible for any errors in product or pricing information. If an item is listed at an incorrect price, we may refuse or cancel any orders placed for that item. However, we will not charge you more than the listed price for an item without your consent. Sometimes an online price will not match a price in one or more of our retail stores, and we may maintain different prices for items offered for sale through different sales channels. Taxes, shipping and handling fees (which may exceed actual shipping costs), and other fees are separate from the product price and may vary by product type, jurisdiction, store location, payment method, or delivery address or method. 

You agree to pay the applicable prices for orders you place through the Sites, including all applicable taxes, shipping, handling, and related fees, using one of our accepted payment methods. We may change accepted payment methods at any time without notice.  When you present your payment online, you guarantee that you have the right to use that form of payment.  We do not accept personal checks, money orders, or cash payments for online transactions.  We may require credit cards and debit cards to be issued by a financial institution in the United States and to be linked to a billing address in the same jurisdiction.  

Returns

Our return policy is listed here: https://theantlerstore.com/refund-policy. By using the Sites, you agree to be bound by the terms of our return policy. If you have any questions about the return policy, please contact us at info@theantlerstore.com.

Force Majeure

KAB shall not be liable to you for any delay or failure in performing its obligations under these Terms to the extent that such delay or failure is caused by an event or circumstance that is beyond our reasonable control (each a “Force Majeure Event”). Force Majeure Events include, but are not limited to, acts of God or the public enemy, government restrictions, floods, storms, fires, earthquakes, explosions, epidemics, pandemics, wars (whether declared or not), invasions, hostilities, terrorist acts, insurrections, riots, strikes, embargoes, or industrial disturbances.  

Ownership & Intellectual Property

Unless otherwise noted, the Sites and all materials, including trademarks, images, graphics, designs, interactive web elements, video, audio, icons, logos, photographs, digital downloads and written and other materials manifested as part of the Sites (collectively, the “Content”) and all worldwide intellectual property rights therein, are owned, controlled, or licensed by KAB.  The Sites and the Content are subject to copyright protection, and certain products and services displayed on the Sites may be subject to patent rights. Trade names, trademarks, and service marks of KAB or third parties (collectively, the “Marks”) displayed on the Sites may be protected by trademark registrations and/or common law rights. You may not reproduce, reverse engineer, transmit, disassemble, distribute, frame, modify or create derivative works with respect to the Sites or any Content, and you may not use any of the Marks.  Nothing on the Sites is to be construed as granting, by implication, estoppel, or otherwise, any license or right to the use of intellectual property displayed on the Sites without the prior written permission of KAB and/or the respective owner of such rights.  Any rights not expressly granted herein are reserved by KAB, its licensors, and/or third party providers.

Site Use

You may only use the Sites for your personal, non-commercial use. If you download, print, archive or store any Site or Content or any part thereof (each, a “Copy”), you may only do so for your own personal, non-commercial purposes. You may not otherwise publish, reproduce, distribute, display, transmit, perform, broadcast, sell, lease or create derivative works of any Copy. We reserve all rights in each Copy, and your limited right to use the Copies does not grant you any other right, title or interest in the Copies. 

You may not reproduce, sell, resell, visit or otherwise exploit any Site for any commercial purpose without express written consent of KAB. You may not collect or use any product listings, descriptions, or prices apart from the Sites. You may not use data mining, robots, or similar data gathering and extraction tools on the Sites. You may not frame or utilize framing techniques to enclose any trademark, logo, or other intellectual property or proprietary information (including images, text, page layout, or form) of KAB or our business affiliates without the express written consent of KAB.  You may not use any meta tags or any other “hidden text” utilizing KAB’s name or trademarks without the express written consent of KAB. You are solely liable for any damages resulting from any infringement of any intellectual property or proprietary right, or any other harm resulting from your unauthorized use of the Sites.

Accessing the Sites

We may suspend or discontinue the availability of any Site, all Sites or any part thereof at any time without notice to you.  We may change, add, or discontinue any Content at any time without notice to you. We reserve the right to withdraw or amend the Sites, and any Content we provide on the Sites, in our sole discretion without notice.  We will not be liable if for any reason all or any part of any Site is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of a Site, or all of a Site, to users, including registered users. 

You are responsible for:

· Making all arrangements necessary for you to have access to the Sites.

· Ensuring that all persons who access the Sites through your internet connection are aware of these Terms and comply with them.

To access a Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of a Site that all the information you provide to that Site is correct, current, and complete. You agree that all information you provide to register with a Site or otherwise, including but not limited to through the use of any interactive features on a Site, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, then you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to a Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

KAB only sells products or services to adult persons or companies that can purchase with a credit card or other permitted payment method. KAB reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Conduct

Various Sites may provide search functions, e-commerce features, software-as-a-service functionality, social media tools, calculators, input fields, communication means and/or other functionality (each, a “Feature”). You agree that you will not (i) use any Feature for any illegal, fraudulent, tortious, libelous, abusive, misleading, threatening, obscene, objectionable or intrusive purpose or cause such effect; (ii) interfere with use by any other user; (iii) upload, post, or provide any information, content, or communication that contains any malicious or disruptive or corrupting code, false or misleading information, promotional materials, solicitation, or that violates any third-party intellectual property, confidentiality, privacy, publicity or other rights; (iv) impersonate any person or entity; or (v) misrepresent your identity or relationship with any person or entity.

We may terminate your rights under these Terms at any time in our sole discretion without notice or liability to you and may block your use of any or all Sites.

User Materials

Although we welcome your feedback, we do not accept confidential or proprietary information. If you provide to us any materials, communication, or information (“User Material”) through any Site, then by doing so you grant to us, subject to our Privacy Policy, a fully-paid-up, royalty-free, non-exclusive, irrevocable, worldwide, sub-licensable, transferable, perpetual license to collect, use, modify, distribute, perform, publicly disclose, display, broadcast, reproduce, and create derivative works of, retain, add, process, analyze and commercialize, in any way now known or in the future discovered, the User Material, along with all ideas and concepts contained therein, in any form, format or medium at our sole discretion without any compensation, accounting, attribution or notice to you or any third party.  Any User Material you submit to us is at your own risk of loss. 

You may not provide us with any User Material that could allow an individual person to be identified unless there is a field for the provision of such User Material.

You represent and warrant that you own the User Material, or have sufficient rights in the User Material to grant the foregoing license, that our exercise of such license will not violate, breach, infringe or misappropriate any law, regulation or third-party right, and that the User Materials are accurate, not confidential, and not in violation of any contractual restrictions or other third party rights.

KAB is under no obligation to respond to, use, or return any User Materials, and KAB may freely use anything contained therein without any obligation to you. KAB has expended substantial time, resources, and manpower in research and development of a wide range of products and services. Any similarity between your User Materials and KAB’s past, current, or future products and services does not mean that KAB has acknowledged, received, or used your User Material, or that you have any right, title, or interest to any product or service or intellectual property right therein.

KAB does not control or direct users' actions on the Sites and hence will not be responsible for user-generated content or information that may be available on the Sites.

Digital Millennium Copyright Act

To notify KAB of a copyright infringement, contact KAB’s Copyright Agent pursuant to the Digital Millennium Copyright Act (“DMCA”). KAB’s designated Copyright Agent to receive notification of claimed infringement is info@theantlerstore.com (e-mail).  Please provide KAB’s Copyright Agent with the following information in writing (see 17 U.S.C. 512(C)(3)):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed;

2. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by the notification, a representative list of such works;

3. A description of the material that is claimed to be infringing or to be the subject of infringing activity that you request to be removed;

4. Contact information including name, address, telephone number, and, if available, an e-mail address;

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement, under the penalty of perjury, that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the copyright allegedly being infringed.

If, in response to necessary notice of an alleged copyright infringement, KAB removes your content and you believe that your content is not infringing, or you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in the Content, you may send a counter-notice containing the following information to the Copyright Agent:

1. Your physical or electronic signature;

2. A description of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

3. A statement, submitted under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification; and

4. Your name, address, telephone number, e-mail address, and a statement that you consent to the jurisdiction of the federal court in Bexar County, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, then KAB may send a copy of the counter-notice to the original complaining party informing that person it may replace the removed content or cease disabling it in ten (10) business days unless the copyright owner files an action seeking a court order against the content provider.

Links

The Sites may contain links to other websites or resources that are owned or controlled by third parties (“Third Party Sites”). KAB has no control over any Third Party Sites, and only provides links to Third Party Sites for your convenience. KAB will not be responsible for your use of any Third Party Sites, or for any information or content available to you through any Third Party Site. Links from the Sites to any Third Party Site does not mean that KAB approves, endorses or recommends that site. KAB disclaims all warranties, express or implied, regarding the accuracy, legality, reliability or validity of any content on any such Third Party Site.

Please keep in mind that Third Party Sites may have different terms and conditions of use, and different privacy policies, than those of the Sites. You are solely responsible for reading and complying with all terms and policies of Third Party Sites.  If you decide to access such Third Party Sites, you acknowledge that you do so entirely at your own risk.

NO WARRANTY

YOUR USE OF THE SITES AND ALL CONTENT IS AT YOUR OWN RISK. THE SITES AND ALL CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, COMPLETENESS, UNINTERRUPTION, SECURITY, PRIVACY, CORRECTNESS, TITLE, OR NON‑INFRINGEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, KAB EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND. KAB WILL NOT BE RESPONSIBLE FOR YOUR USE OF ANY INFORMATION OR CONTENT PROVIDED THROUGH ANY SITE, NOR OF ANY ERROR, OMISSION, FAILURE, DELAY, LOSS, DAMAGE OR LIABILITY ARISING FROM SUCH USE. Some jurisdictions do not allow the disclaimer of certain warranties, so all or a portion of the foregoing disclaimer may not apply to you. Nothing in this paragraph will be interpreted to affect the individual product or service warranties, if any, that may be provided with KAB products or services. 

LIMITATION OF LIABILITY

NEITHER KAB NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR REPRESENTATIVES WILL BE LIABLE OR RESPONSIBLE TO YOU OR ANY THIRD PARTY, OR TO ANY OTHER PARTY CLAIMING BY OR THROUGH YOU OR ANY THIRD PARTY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGE OR LOSS, INCLUDING WITHOUT LIMITATION ANY LIABILITY, JUDGMENT, DATA BREACH, LOST PROFITS, LOSS OF GOODWILL, OR DATA CORRUPTION, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, THAT YOU OR ANY THIRD PARTY MAY SUFFER IN CONNECTION WITH THE SITES OR ANY CONTENT OR USER MATERIAL, WHETHER RESULTING FROM YOUR USE OR INABILITY TO USE THE SITES OR ANY CONTENT OR USER MATERIAL, OR ANY CLAIM OR CAUSE OF ACTION BASED ON BREACH OF WARRANTY,BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.  

INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify, and hold KAB and their respective officers, directors, employees, affiliates, agents AND representatives harmless from and against any and all claims, demands, losses, and expenses, including penalties, interest, and attorneys' fees, incurred by us in connection with ANY breach of these Terms or use of the Sites by you, your agents, or any person accessing the Sites on your behalf or using your account credentials.

Contact

You may contact us at:

Kerrville Antler Buyers, LLC

111 E. Cedar Dr.

Kerrville, Texas 78028

Phone:  830-777-7992

All feedback, comments, requests for technical support, and other communications relating to the Sites should be directed to info@theantlerstore.com.

Miscellaneous

These Terms are the complete and sole statement of the mutual understanding between the parties and supersede and cancel all previous written and oral agreements and communications relating to the subject matter of these Terms. If any provisions of these Terms are found void, invalid, or unenforceable, then the remaining provisions will remain valid and enforceable. KAB does not waive any right by failing to act under these Terms. 

KAB controls the Sites from its offices in Kerrville, Texas. KAB makes no representation that materials in the Sites are appropriate or available for use in countries outside the United States and prohibits access from territories where the Content or any product or service is illegal.  Those who choose to access the Sites from locations outside the USA do so at their own initiative and risk and are responsible for compliance with applicable local laws. 

You agree that these Terms are governed by and construed under the laws of the State of Texas without reference to conflict of laws principles.  You hereby irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts having jurisdiction over Kerr County, Texas, with respect to any dispute relating to these Terms.

You agree that all claims relating to these Terms must be adjudicated on an individual basis and not on behalf of or as a part of a class or other group of claimants. You waive any right to participate in any class action for any claims relating to these Terms, and you agree that you will not do so. 

Furthermore, you hereby irrevocably waive the right to trial by jury.  KAB’s failure to insist upon or enforce strict performance of any provision of these terms and conditions will not be construed as a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practice will act to modify any of these terms and conditions.  KAB may assign its rights and duties under these Terms of Use to any party at any time without notice to you.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites must be filed within one (1) year after such claim or cause of action arose or be forever barred.  Notwithstanding the above, you agree that KAB will be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.