TERMS + CONDITIONS

Last updated: June 23, 2016

OVERVIEW

This website is operated by Fisher and Baker, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Fisher and Baker, LLC. Fisher and Baker, LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms & Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms & Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms & Conditions carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions.

Any new features or tools which are added to our website shall also be subject to the Terms & Conditions. You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

PRIVACY AND ACCEPTABLE USE

Please review Fisher and Baker, LLC Statement of Privacy Policy and Acceptable Use Policy, which also governs your use of fisherandbaker.com and are incorporated into these Terms and Conditions by reference.

 

WEBSITE CONTENTS

The design of this website, the website as a whole and all materials that are part of the website (together, “Contents”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Fisher and Baker, LLC or its licensors. Use of the Contents without Fisher and Baker, LLC’s express written consent is strictly prohibited.

 

WEBSITE USAGE LIMITATIONS

By agreeing to these Terms & Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our website or Service for any illegal or unauthorized purpose nor may you, in the use of the website or Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your right to access or use the Service.

 

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

INFORMATION ACCURACY

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SERVICE MODIFICATIONS

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.

 

PRODUCTS AND SERVICES

We have made every effort to display as accurately as possible the colors and images of our products that appear on our website. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

COPYRIGHT

All the content included on fisherandbaker.com, including without limitation all the text, applets, graphics, photographs, graphs, sounds, data, images, audio and video clips, logos, button icons, images, digital downloads, data complications and software ("Content"), is the property of Fisher and Baker, LLC or its Content suppliers and is protected by U.S. and international copyright laws. All software used to operate fisherandbaker.com is the property of fisherandbaker.com is the property of Fisher and Baker, LLC, and its partner software suppliers and is protected by U.S. and international copyright laws. The compilation, collection, selection, arrangement, assembly and coordination of all Content available on fisherandbaker.com is the exclusive property of Fisher and Baker, LLC, and is protected by U.S. and international copyright laws. All content available on fisherandbaker.com may only be used by you; for your personal use and data-gathering resources. You do not acquire any ownership rights in materials you download or copy from fisherandbaker.com. If you have any questions concerning the usage or licensing of Fisher and Baker, LLC copyrighted materials, for example, photographs, video footage, Fisher + Baker advertisements or other Fisher and Baker, LLC materials, please submit your detailed request in writing. Please be sure to include any surrounding copy or text to the Fisher and Baker, LLC material. For further information with respect to Fisher and Baker, LLC copyrights, you may send an email to info@fisherandbaker.com.

 

TRADEMARKS

fisherandbaker.com, the Fisher and Baker, LLC tradename, the Fisher and Baker, LLC logo/monogram, and any other marks, graphics, logos and service names indicated on fisherandbaker.com are trademarks of Fisher and Baker, LLC. Fisher and Baker, LLC trademarks and trade dress may not be used (i) in connection with any product or service that is not Fisher and Baker, LLC's; (ii) in any manner that is likely to cause confusion among customers; or (iii) in any manner that disparages or discredits Fisher and Baker, LLC or fisherandbaker.com. All other trademarks not owned by Fisher and Baker, LLC are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Fisher and Baker, LLC.

 

ADDITIONAL GUIDELINES FOR USING FISHER AND BAKER, LLC TRADEMARKS AND COPYRIGHTS

These guidelines are for Fisher and Baker, LLC’s licensees, authorized resellers, developers, customers, and other parties wishing to use the Fisher and Baker, LLC trademarks, service marks or images in promotional, advertising, instructional, or reference materials, or on their web sites, products, labels, or packaging. Use of the Fisher and Baker, LLC trademarks may be prohibited, unless expressly authorized. If you are a licensee of a Fisher and Baker, LLC trademark or logo and have been provided with special trademark usage guidelines with your license agreement, please follow those guidelines. If your license agreement does not provide usage guidelines, then follow these guidelines. If you are a Fisher and Baker, LLC Authorized Reseller, you need to refer not only to these guidelines but also to the Fisher + Baker’s Branding Guidelines. The Fisher and Baker, LLC trademarks, service marks, trade names, and trade dress are valuable assets. In following these guidelines, you help us protect our valuable trademark rights and strengthen our corporate and brand identities. By using a Fisher and Baker, LLC trademark(s), in whole or in part, you are acknowledging that Fisher and Baker, LLC is the sole owner of the trademark(s) and promising that you will not interfere with Fisher and Baker, LLC’s rights in the trademark(s), including challenging Fisher and Baker, LLC's use, registration of, or application to register such trademark(s), alone or in combination with other words, anywhere in the world, and that you will not harm, misuse, or bring into disrepute any Fisher and Baker, LLC trademark(s). The goodwill derived from using any part of a Fisher and Baker, LLC’s trademark(s) exclusively inures to the benefit of and belongs to Fisher and Baker, LLC. Except for the limited right to use as expressly permitted under these Terms & Conditions, no other rights of any kind are granted hereunder, by implication or otherwise. If you have any questions regarding these guidelines, please contact Fisher and Baker, LLC.

 

Authorized Use of Fisher and Baker, LLC Trademarks

Advertising, Promotional, and Sales Materials: Only Fisher and Baker, LLC and its authorized resellers and licensees may use the Fisher and Baker, LLC logo in advertising, promotional, and sales materials. Fisher and Baker, LLC Authorized Resellers may use the Fisher and Baker, LLC logo only as specified in the Fisher + Baker’s Branding Guidelines and such use must always be in conjunction with the appropriate terms that define the relationship authorized by their contract with Fisher and Baker, LLC.

 

Unauthorized Use of the Fisher and Baker, LLC Trademarks

  1. Company, Product, or Service Name: You may not use or register, in whole or in part, the Fisher and Baker, LLC trademark(s), including Fisher and Baker, LLC-owned graphic symbols, logos, icons, or an alteration thereof, as or as part of a company name, trade name, product name, or service name except as specifically noted in these guidelines.
  2. Fisher and Baker, LLC logo and Fisher and Baker, LLC-owned Graphic Symbols: You may not use the Fisher and Baker, LLC logo or any other Fisher and Baker, LLC-owned graphic symbol, logo, or icon on or in connection with web sites, products, packaging, manuals, promotional/advertising materials, or for any other purpose except pursuant to an express written trademark license or other authorization from Fisher and Baker, LLC, such as a reseller agreement.
  3. Variations, Takeoffs or Abbreviations: You may not use an image of the Fisher and Baker, LLC logo for any purpose. Third parties cannot use a variation, phonetic equivalent, foreign language equivalent, takeoff, or abbreviation of a Fisher and Baker, LLC trademark(s) for any purpose.
  4. Disparaging Manner: You may not use a Fisher and Baker, LLC trademark(s) or any other Fisher and Baker, LLC-owned graphic symbol, logo, or icon in a disparaging manner.
  5. Endorsement or Sponsorship: You may not use the Fisher and Baker, LLC trademark(s), including Fisher and Baker, LLC-owned graphic symbols/logos, or icons, in a manner that would imply Fisher and Baker, LLC and/or Fisher and Baker, LLC's affiliation with or endorsement, sponsorship, or support of a third party product or service without the express written consent of Fisher and Baker, LLC.
  6. Merchandise Items: You may not manufacture, sell or give-away merchandise items, such as T-shirts and mugs, bearing a Fisher and Baker, LLC trademark(s), including symbols, logos, or icons, except pursuant to an express written trademark license or other authorization from Fisher and Baker, LLC.
  7. Fisher and Baker, LLC's Trade Dress: You may not imitate the distinctive Fisher and Baker, LLC packaging, web site design, logos, or typefaces.
  8. Slogans and Taglines: You may not use or imitate a Fisher and Baker, LLC and/or Fisher and Baker, LLC slogan or tagline.
  9. Domain Names: You may not use an identical or virtually identical Fisher and Baker, LLC trademark as a second level domain name.

 

RULES FOR PROPER USE OF FISHER AND BAKER, LLC TRADEMARKS

  1. Trademarks are adjectives used to modify nouns; the noun is the generic name of a product or service.
  2. As adjectives, trademarks may not be used in the plural or possessive form.
  3. An appropriate generic term must appear after the trademark the first time it appears in a printed piece, and as often as is reasonable after that. Suggested generic terms are Fisher + Baker clothing or Fisher + Baker outdoor lifestyle apparel.
  4. Always spell and capitalize the Fisher and Baker, LLC trademarks exactly as they are shown in the Fisher and Baker, LLC’s Trademark List. Do not shorten or abbreviate Fisher + Baker. Do not make up names that contain Fisher and Baker, LLC’s trademarks.

 

Proper Trademark Notice and Attribution

  1. Distribution Within the United States Only: a. On product, product documentation, or other product communications that will be distributed only in the United States, use the appropriate trademark symbol (TM, SM, ®) the first time the Fisher and Baker, LLC trademark appears in the text of the advertisement, brochure, or other material. b. Refer to the Fisher and Baker, LLC Trademark List for the correct trademark symbol, spelling of the trademark, and generic term to use with the trademark. Generally, the symbol appears at the right shoulder of the trademark. c. Include an attribution of Fisher and Baker, LLC’s ownership of its trademarks within the credit notice section of your product, product documentation, or other product communication. Following are the correct formats: Fisher + Baker and the Fisher and Baker, LLC logo/monogram are trademarks of Fisher and Baker, LLC.
  2. Distribution Outside the United States: a. Do not use trademark symbols on products, product documentation, or other product communications that will be distributed outside the United States. b. Use one of the following international credit notices: Fisher + Baker and the Fisher and Baker, LLC logo/monogram are trademarks of Fisher and Baker, LLC, applied for and registered in the U.S. and other countries.

 

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms & Conditions.

 

THIRD-PARTY LINKS

To provide increased value to our visitors, Fisher and Baker, LLC may choose various third party websites to link to from our own website. However, even if the third party is affiliated with Fisher and Baker, LLC, Fisher and Baker, LLC has no control over these linked websites, which each have separate privacy and data collection practices, independent of Fisher and Baker, LLC. Fisher and Baker, LLC has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content, products, or services related to such websites. These linked websites are only for your convenience and therefore you access them at your own risk.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms & Conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

 

PERSONAL INFORMATION

Your submission of personal information through the store and/or www.fisherandbaker.com is governed by our Privacy Policy.

 

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

ACCEPTABLE USE POLICY

At Fisher and Baker, LLC, we take seriously our legal and ethical responsibilities regarding access to, and the content of, our Web site, www.fisherandbaker.com. Web site abuse is strictly prohibited. We may terminate your access immediately and may bill you for any resulting charges if you, or your employees, officers, directors, agents, representatives or contractors engage in Web site abuse. This Acceptable Use Policy was created to help you understand our definition of Web site abuse. The examples listed are not exclusive of all possible actions that may be deemed as abuse. You must use your own best judgment.

 

ABUSE OF FISHERANDBAKER.COM

Actions which constitute Web site abuse, include, but are not limited to:

  • Utilizing fisherandbaker.com in the commission of a crime;
  • Attempting to modify any portion of fisherandbaker.com's content;
  • Attempting in any way to interfere with or deny service to any user of fisherandbaker.com through denial-of-service attacks, surfing or any other means;
  • Forging email or USENET header information to conceal your identity as the author, to conceal the origination address of the e-mail, or to conceal the host from which the e-mail was originated;
  • Sending fisherandbaker.com unsolicited e-mail messages, either commercial or non-commercial (commonly known as "junk mail");
  • Forwarding or multiple posting of chain letters of any type to fisherandbaker.com.

 

CHANGES

This Acceptable Use Policy is subject to revision at anytime that we determine a change is necessary. We will inform you of those changes by whatever means we deem most effective. It is your responsibility to ensure that your use of our systems and network conforms to the policies currently in effect.

 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Fisher and Baker, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Fisher and Baker, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Fisher and Baker, LLC reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Fisher and Baker, LLC’s defense of such matter.

 

SEVERABILITY

In the event that any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.

 

TERMINATION

Fisher and Baker, LLC reserves the right, at its sole discretion, to refuse service, and remove or edit content. Fisher and Baker, LLC may terminate or suspend your access to all or part of fisherandbaker.com without notice for any conduct that Fisher and Baker, LLC, in its sole discretion, believes is in violation of any applicable law, these Terms & Conditions or the Acceptable Use Policy; or is harmful to the interests of Fisher and Baker, LLC, another user, third-party provider, merchant, sponsor, licensor or service provider. The provisions relating to Website Contents, General Conditions, Disclaimer of Warranties, Limitation of Liability, Indemnification, Miscellaneous, and Governing Law shall survive any termination.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY INFORMATION AND MATERIALS CONTAINED ON FISHERANDBAKER.COM INCLUDING WITHOUT LIMITATION THE CONTENET, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FISHER AND BAKER, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF FISHERANDBAKER.COM OR THE CONTENT INCLUDED ON FISHERANDBAKER.COM. YOU HEREBY AGREE THAT YOUR USE OF FISHERANDBAKER.COM IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FISHER AND BAKER, LLC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, FISHER AND BAKER, LLC DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA FISHERANDBAKER.COM IS ACCURATE, COMPLETE OR CURRENT. FISHER AND BAKER, LLC WILL NOT BE LIABABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF FISHERANDBAKER.COM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENCIAL DAMAGE. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE SERVICES PROVIDED WILL BE TO REQUEST THAT FISHER AND BAKER, LLC CORRECT THE MATTER, OR IF FISHER AND BAKER, LLC FAILS TO DO SO, TO DISCONTINUE USE OF THE SERVICE, AT YOUR SOLE DISCRETION. THE LAWS OF CERTAIN STATES 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.

 

MISCELLANEOUS

Fisher and Baker’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.

These Terms & Conditions constitute the entire agreement between you and Fisher and Baker, LLC relating to the subject matter addressed herein and govern your use of the Service, superseding any prior or contemporaneous agreements, warranties, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms & Conditions).

You agree that if any dispute should arise between you and Fisher and Baker, LLC, you will bring your claim on an individual basis and waive your right to pursue any claim in a class action. Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party. Fisher and Baker, LLC may assign its rights and duties under these Terms & Conditions to any party at any time without notice to you.

 

GOVERNING LAW

You consent and voluntarily submit to personal jurisdiction in the State of Minnesota, and to the exclusive jurisdiction of the courts in such state located in Hennepin County, Minnesota. The state District Court for Hennepin County of Minnesota has exclusive jurisdiction in any proceeding arising out of or relating to your use of fisherandbaker.com or these Terms & Conditions and you agree that all claims in respect thereto shall be heard and determined in said court. You agree that any action instituted by you against Fisher and Baker, LLC with respect to these Terms & Conditions shall be instituted exclusively in the state District Court for Hennepin County of Minnesota or, if such Court does not have jurisdiction to adjudicate such action, in the United States District Court, District of Minnesota, located in Hennepin County, Minnesota. You hereby irrevocably and unconditionally waive and agree not to plead, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of venue or the convenience of the forum of any action with respect to these Terms & Conditions or fisherandbaker.com in the United States District Court, District of Minnesota, for Hennepin County of Minnesota and the state District Court of the State of Minnesota located in Hennepin County, Minnesota. You and Fisher and Baker, LLC agree that a final judgment in any proceeding so brought shall be conclusive and may be enforced by a suit on the judgment or in any other manner provided by law or in equity. These Terms & Conditions will be governed by and construed and enforced in accordance with the laws of the State of Minnesota as they apply to a contract made and performed in Minnesota, notwithstanding any conflict of law principles of the law of Minnesota. These Terms & Conditions will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

 

FORCE MAJEURE

Fisher and Baker, LLC will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Fisher and Baker, LLC's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

 

CHANGES TO TERMS & CONDITIONS

You can review the most current version of the Terms & Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes. If any change to this Terms & Conditions is not acceptable to you, your sole remedy is to cease accessing, browsing, and otherwise using the website or the Service.

 

CONTACT INFORMATION

Questions about these Terms & Conditions should be sent to us at info@fisherandbaker.com.