Conditions of Use

Downing and Sons LLC, d/b/a downingandsons.com, referred to as "Service Provider," provides its website (the "Website") features and services to you when you visit or shop at DowningandSons.com subject to the following conditions.

By using DowningandSons.com, you agree to these conditions. Please read them carefully:

PRIVACY
Please review our Privacy Policy, which also governs your use of the Website.

COPYRIGHT
All content made available on the Website, including but not limited to text, images, and logos, are the property of Downing and Sons or its respective suppliers and protected by United States and international copyright laws.

PRICING ERRORS
Service Provider cannot confirm the price of an item until you place your order. In the event of a pricing error, Service Provider may refuse or cancel any orders placed for that item. Service Provider will notify you of any cancellations. Prices and availability are subject to change without notice.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNLESS OTHERWISE SPECIFIED IN WRITING, SERVICE PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS MADE AVAILABLE TO YOU THROUGHOUT THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, SERVICE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SERVICE PROVIDER DOES NOT WARRANT THAT THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, SERVICE PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE THE WEBSITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. IN NO EVENT SHALL SERVICE PROVIDER'S LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL SALE AMOUNT TRANSACTED BETWEEN THE PARTIES.

UNDEFINED TERMS
Terms that are not specifically defined in the Agreement shall be interpreted as set forth in the Alabama Uniform Commercial Code.

DISPUTES
Any dispute or claim relating in any way to your use of Service Provider’s website, or to any products or services sold or distributed by Service Provider shall be resolved by binding arbitration rather than in court. The Federal Arbitration Act and federal arbitration law shall apply to this agreement. 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 arbitration we each waive any right to a jury trial.

VENUE AND APPLICABLE LAW
By using the Website you agree to be bound by these terms. You agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Alabama (without respect to principles of conflicts of law), will govern these Conditions of Use and any dispute of any sort that might arise between you and Service Provider. You further agree that the Parties shall submit to jurisdiction and venue in the State of Alabama in any legal or arbitration proceeding necessary to interpret or enforce this Agreement or any part of this Agreement.