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Terms and Conditions

By accessing this site or by placing an order with America West Drilling Supply through any means you accept these terms of use.  Please read this agreement carefully before accessing this website.  By accessing the site, or by placing an order through any means, you agree to be bound by the terms and conditions below.  If you do not wish to be bound by these terms and conditions, you may not access or use this site or place an order through any means.

THE NOTICES ON THIS PAGE ARE SUBJECT TO CHANGE WITHOUT NOTICE.  YOU MUST REVISIT THIS PAGE OFTEN TO LEARN OF CHANGES.

Your use of this site or you placing an order through any means following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed.

All the content on this site is Copyright 2004-2017 America West Drilling Supply. All rights reserved.

Website Usage Restrictions

You may access and view the content appearing on this Website for personal, non-commercial use only! You may download and/or copy portions of the content for personal, non-commercial use only, provided that you a) retain all copyright, trademark or other proprietary notices contained on the content, b) do not modify or alter the content in any way, and c) do not make content available to any third party.  America West Drilling Supply reserves complete title and full intellectual property rights in any content that you download from this Website.

You agree to use this Website only for lawful purposes.  The following are included, but not limited to, in strictly prohibited actions: i) misrepresenting the identity of a user; ii) tampering in any way with this Website; and iii) conducting any type of fraudulent activity.

Links to Third Party Sites

Please understand that when you access another website through this one, America West Drilling Supply can accept no responsibility for your experience with the site.  Links to other sites are provided for convenience only.  You need to make your own decisions regarding your interactions or communications with any other web site.

Communications with America West Drilling Supply

We welcome your comments regarding this site.  However, comments, feedback, notes, messages, ideas, suggestions, or other communications transmitted to America West Drilling Supply will be treated as non-confidential and non-proprietary.  All communications to America West Drilling Supply become the exclusive property of America West Drilling Supply and you agree that by transmitting any communication you relinquish all rights and interests in same.  America West Drilling Supply shall be free to reproduce, use, disclose, and distribute these communications to third parties without restriction. America West Drilling Supply shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information.  Therefore, America West Drilling Supply discourages you from transmitting information that you do not wish to assign to America West Drilling Supply, including confidential information or creative ideas.  Furthermore, you will take all responsibility for the content of your communication and warrant that it does not violate any law, statute, ordinance or regulation or the intellectual property rights of third parties.  You agree that America West Drilling Supply may copy all or part of your communication in any response(s) it makes to you.

Proprietary Rights

All product names, logos, trademarks, as well as other marks and trade names on this Website are the properties of America West Drilling Supply, or their respective owners.  You may not use, reproduce, copy or manipulate such logos in any manner without the prior written consent of the owner.

The entire contents of this Website, including but not limited to text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information, and software (collectively, “Content”) are subject to copyright, trademark, or other proprietary rights or licenses held by America West Drilling Supply or a America West Drilling Supply affiliate or by third parties who have licensed their rights to America West Drilling Supply.  All content is copyrighted as a collective work under the U.S. and international copyright laws and America West Drilling Supply owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement and selection of such Content or this Website.  Except as provided in this agreement, you may not distribute, publish, transmit, reuse, repost, “and frame” the Content in any manner or sell or attempt to sell the Content.

Accuracy and Content

America West Drilling Supply is working hard to ensure that the information provided on the America West Drilling Supply site or in any America West Drilling Supply catalog or advertisement is accurate and up-to-date but due to the risk that the information may be compromised by software or procedural errors, America West Drilling Supply does not guarantee the accuracy or completeness of the information provided on this site or in any America West Drilling Supply catalog or advertisement.  America West Drilling Supply reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).  Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability.  Photos may vary. Pricing and shipping & handling rates are subject to change without notice. We apologize for any inconvenience this may cause you.

America West Drilling Supply does not warrant the accuracy, integrity or completeness of the content provided in this Website or in any America West Drilling Supply catalog or advertisement, including any advice or other similar information obtained by you from us though this Website or in any America West Drilling Supply catalog or advertisement.  America West Drilling Supply makes no representation that the content provided in this Website or in any America West Drilling Supply catalog or advertisement is applicable or appropriate for use in locations outside the United States.

No Warranties; Limitation of Liability for Website, America West Drilling Supply catalog or any type of America West Drilling Supply advertisement

In no event shall America West Drilling Supply, its Directors, Officers, Employees, Affiliates, Successors, or Assigns or Other Representatives be liable, whether in contract, warranty, tort (including negligence-whether active, passive or imputed), product liability, strict liability, or other theory, to you, or any other person or entity for any damages (including, without limitation, any direct, indirect, incidental, special, exemplary, punitive or consequential damages) arising out of or in connection with any use of, inability to use, or results of use of, this Website, America West Drilling Supply catalog or any type of America West Drilling Supply advertisement or any content on this Website, America West Drilling Supply catalog or any type of America West Drilling Supply advertisement, even if America West Drilling Supply or its Representative has been advised of the possibility of such damages.  If you are dissatisfied with this Website, America West Drilling Supply catalog or any type of America West Drilling Supply advertisement and the content contained therein or these Terms and Conditions, your sole and exclusive remedy is to discontinue use of this Website, America West Drilling Supply catalog or any type of America West Drilling Supply advertisement. If any portion of this limitation is found to be invalid or unenforceable for any reason, then America West Drilling Supply’s total liability to you shall in no event exceed one hundred United States dollars (US$100.00).  Some states do not allow the exclusion and limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

No Warranties; Limitation of Liability for Merchandise

All merchandise listed in this Website, America West Drilling Supply catalog or any type of America West Drilling Supply advertisement are “as is” (to the extent allowed by law) and, unless otherwise specifically noted, are without warranties of any type, express or implied. America West Drilling Supply disclaims all warranties, including, but not limited to, the Implied Warranty of Merchantability and the Implied Warranty of Fitness, for a particular purpose.

America West Drilling Supply disclaims any liability for product defect claims that are due to product misuse, improper product selection and/or misapplication and any description, picture or other information communicated does not express or imply a warranty that the products are merchantable or fit for a particular purpose.  Any liability for consequential, incidental, special, exemplary, or punitive damages is expressly disclaimed.  America West Drilling Supply’s liability in all events is limited to, and shall not exceed, the purchase price paid for the product that gives rise to any liability.

Personal Account

If you use this site, you are responsible for maintaining the confidentiality of your account 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.

Shipping - Risk of Loss

All items purchased from America West Drilling Supply are made pursuant to a shipment contract.  This means the risk of loss and title for such items pass to you upon our delivery to the carrier.  America West Drilling Supply is not responsible or liable for any damage arising from shipment.

Return Policy

America West Drilling Supply retains the exclusive and sole right as to whether an item may be returned, exchanged or order cancelled.  America West Drilling Supply thus encourages customers to use caution when placing an order, as once placed the order cannot be cancelled, nor the item returned or exchanged unless America West Drilling Supply expressly consents.

In order to obtain a refund or exchange, prior approval must be given by America West Drilling Supply. Please call (800) 800-8444 or (775) 355-1199 (7AM-5PM, PST, Monday through Friday).

Generally, America West Drilling Supply will consider returns within thirty (30) days of purchase.  Refunds are for the cost of product only; shipping and handling charges are not refundable.

America West Drilling Supply cannot accept returns of “drop shipped” items directly from the factory to you.

At America West Drilling Supply's sole discretion, America West Drilling Supply may impose a twenty percent (20%) restocking fee on items returned.  Returns of "Factory Shipped" items will be subject to a 20% restocking fee.

Privacy

Please click here to visit our Privacy Policy page.

Severability

The Terms and Conditions constitute the entire agreement between you and America West Drilling Supply with respect to this Website, America West Drilling Supply catalog or any type of America West Drilling Supply advertisement. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and America West Drilling Supply with respect to this Website, America West Drilling Supply catalog or any type of America West Drilling Supply advertisement.  No modification of the Terms and Conditions shall be effective unless it is authorized in writing by America West Drilling Supply.   If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.  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.

Choice of Law

By use of this Website, America West Drilling Supply catalog or any type of America West Drilling Supply advertisement, you agree that the laws of the State of  Nevada, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and America West Drilling Supply or its affiliates.