Terms and Conditions of Use

Effective Date: March 15, 2024

Welcome to Eagleclaw.com. (the “Website”).  Founded in Denver, Colorado in 1925, the Wright & McGill Co. (“WMC”) also does business Eagle Claw Fishing Tackle Co. (“Eagle Claw”).  We continue to manufacture all our world-famous fishhooks in Denver, Colorado and are extremely proud to be the only brand of fishhooks "Made in the USA!" 

Please review the following terms and conditions ("Terms of Use") that govern your visit to the Website, and your use of the Website and the related products and services available on or through the Website (the "Service(s)").  Eagle Claw reserves the right, at any time, to modify or update the Website and these Terms of Use.  Your access to and use of the Site constitutes your agreement to be bound by these Terms of Use.  If at any time you do not agree to the Terms of Use in this agreement, then you are not authorized to access, browse, or use this Website or its Services.

Please also review our Privacy Policy, as it contains valuable information regarding how we manage the data we collect about you and your personal information.  Additionally, please review the Terms and Conditions of Sale, set forth below, for the terms for any purchase you make from the Site.  Our Privacy Policy and Terms and Conditions of Sale are incorporated into these Terms of Use.

Trademarks, Website Content, and Intellectual Property Rights

The entire content of the Site including, but not limited to, text, design, software, photography, video, graphics, music, sound, and the selection, coordination, arrangement, and enhancement thereof, is protected under the copyright laws of the United States, international treaties and other intellectual property laws and is owned by or licensed to WMC.  All trademarks, service marks and trade names are owned or licensed by WMC.

No right, title, or interest in any of the information, material, or other Content of the Website or Services is granted to you under any circumstances, and WMC reserves and retains all intellectual property rights in and to the Website, Services, and their Content. Linking to the Website or any of its Content is prohibited without the prior written permission of WMC.

Except as expressly noted herein, you may not reproduce, publish, transmit, distribute, display, modify, sell, or exploit in any way, any of the Content, the Website or Services. Unauthorized use or copying (including electronic copying or downloading) of the Website, Services and Content without WMC’s express written consent is expressly prohibited by law.

Opinions, advice, statements, testimonials, reviews, offers or other information or content made available on the Website or through our Services, but not directly by us, are those of their respective authors and Anglers, and should not necessarily be relied upon. Such authors and anglers are solely responsible for such content.

Disclaimer of Warranties and Limitation of Liabilities

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL USE OF THE WEBSITE AND SERVICES, ANY INFORMATION, CONTENT, PRODUCTS, OR SERVICES CONTAINED AT OR PROVIDED THROUGH OR PURCHASED FROM THE WEBSITE OR SERVICES, AND ANY FUNCTIONALITY OR SOFTWARE OR PROGRAMMING CONTAINED AT OR PROVIDED THROUGH THE WEBSITE OR SERVICES, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT GUARANTEE OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY, PROMISE OR GUARANTEE OF ANY KIND THAT (A) OPERATION OF THE WEBSITE AND SERVICES WILL BE CONTINUOUS, TIMELY, UNINTERRUPTED, SECURE, OR THAT THE WEBSITE OR ITS SERVER ARE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL EFFECTS; (B) THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, PRODUCTS OR SERVICES WILL BE EFFECTIVE, TYPICAL, ACCURATE OR RELIABLE; AND (D) THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. YOUR USE OF THE WEBSITE, PRODUCTS AND SERVICES IS AT YOUR OWN RISK. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE WHEN USING THE WEBSITE AND SERVICES.

FURTHER, WITHOUT LIMITING THE FOREGOING, ALL INFORMATION PROVIDED ON THE WEBSITE AND SERVICES IS WITHOUT WARRANTY AS TO ITS COMPLETENESS, TIMELINESS, ACCURACY, SUITABILITY OR AUTHENTICITY. YOU SHOULD CONDUCT YOUR OWN DUE DILIGENCE AS TO THE TRUTH, ACCURACY, COMPLETENESS, AND CONTINUING VALIDITY OF ANY INFORMATION SET FORTH IN OR REFERENCED ON THE WEBSITE OR SERVICES. LIKEWISE, WMC DOES NOT WARRANT THE ACCURACY OF ANY THIRD-PARTY CONTENT CONTAINED WITHIN OR REFERRED TO ON THE WEBSITE OR SERVICES, INCLUDING ANY LINKS TO THIRD PARTY WEBSITES. WMC IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY IN WHOLE OR IN PART TO YOU.

UNDER NO CIRCUMSTANCES OR LEGAL THEORY SHALL WMC OR ITS AGENTS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, MANAGERS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, DISTRIBUTORS, VENDORS, ATTORNEYS OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER BASED UPON OR ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR SERVICES, OR ANY MATERIALS ON THE WEBSITE OR SERVICES, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND SERVICES.

WITHOUT LIMITING THE FOREGOING, THE LIABILITY OF WMC FOR ANY DAMAGE OF ANY KIND, DIRECT OR INDIRECT, ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES, ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES OBTAINED AT OR FROM THE WEBSITE OR SERVICES, OR OTHERWISE RELATING TO YOUR USE OF THE WEBSITE, PRODUCTS OR SERVICES, SHALL NOT EXCEED THE DOLLAR AMOUNT PAID BY YOU, IF ANY, TO WMC FOR USE OF THE WEBSITE, PRODUCTS OR SERVICES. BY USING ANY PRODUCT(S), YOU ACKNOWLEDGE AND AGREE THAT YOU ARE FULLY RESPONSIBLE FOR ANY POTENTIAL EFFECTS, PROPER HANDLING AND PROPER USAGE OF SUCH PRODUCT(S), AND YOU ACKNOWLEDGE AND ASSUME ANY RISKS THAT MAY COME THEREWITH, INCLUDING, WITHOUT LIMITATION, ANY PHYSICAL INJURIES, HEALTH EFFECTS, ALLERGIC REACTIONS, PHYSIOLOGICAL CHANGES AND EFFECTS, BODY REACTIONS, AND ANY LOSS OR DAMAGES THAT MAY OCCUR THEREAFTER.

THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL: (I) ONLY APPLY TO THE EXTENT PERMITTED BY LAW, AND (II) NOT APPLY TO (A) LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND (B) DEATH OR BODILY INJURY RESULTING FROM OUR ACTS OR OMISSIONS.

Indemnity

You agree to indemnify WMC and its officers, directors, employees, agents, distributors, partners and affiliates from and against any and all third-party claims, demands, liabilities, costs, or expenses, including without limitation reasonable attorney fees that arise from your misuse of the Site, including, but not limited to, your violation of these Terms of Use.

Permitted Use of the Site

You may use the Site solely for your own personal, non-commercial use. You may download or print portions of the content of the Site, but not any sizable portion of the content and not for republication or other distribution. You may use such downloads/print copies only for your own personal, non-commercial use, and you may not remove the copyright and/or other proprietary notices located on any such content.

Your use of the Site must be in accordance with all applicable laws. You do not acquire any ownership rights in the Site or any portions of its content, nor any license to the Site or any portions of its content.

Prohibited Uses of Site

WMC imposes certain restrictions on your permissible use of the Website and Services. You are prohibited from violating or attempting to violate any security features of the Website and Services including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Website, or any associated system, service or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website, overloading, "flooding," "spamming," "mail bombing" or "crashing"; (d) using the Website or Services to send unsolicited email including, without limitation, promotions or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or post using the Website or Services; (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by WMC in providing the Website or Services; or (g) engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website or Services, or which, as determined by us, may harm WMC or users of the Website or Services. Any violation of system or network security may subject you to civil and/or criminal liability. Without limiting the foregoing, you may not use "bots," spiders or intelligent agent software (or similar technologies) for any purposes other than accessing publicly posted portions of the Website and Services and only for purposes consistent with this Agreement. You may not circumvent any access or use restrictions, data encryption or content protection related to the Website or Services. You may not data mine the Website or in any way cause harm to the Website or Services.

External Links

This Site may contain links to Third party Sites on the Internet that are operated by other entities. WMC is not responsible for the content, advertising, products, or other materials made available on or through any Linked Site. Further, the presence of a Linked Site does not constitute an endorsement by WMC of the content of the Linked Site, nor any association with its operators. The links to these Linked Sites are for your convenience only, and you access them at your own risk. Linked Sites are likely to have their own Terms of Use and Privacy Policy, and you are responsible for reading them to ensure your own compliance. WMC shall not be held responsible or liable, directly, or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with such Linked Sites.

WMC has no control over third parties or any links they provide to the Site. If a third-party links to the Site, such linking does not imply any sponsorship or endorsement of the linking web site by Eagle Claw, or by any group or individual affiliated with the company. No web sites that link to the Site may contain content that is distasteful, offensive and/or controversial, breach any laws or regulations.

Governing Law

These Terms of Use shall be governed by, and construed and enforced in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of laws, except that the federal law of the United States of America shall apply to questions regarding the validity, infringement or enforceability of United States federal patent, copyright and trademark rights relating in any way to these Terms of Use or the Site.

You expressly agree that exclusive jurisdiction for any dispute with WMC, or in any way relating to your use of the Site or these Terms and Conditions, lies in the courts of the State Colorado located in Denver, County, Colorado, and you further agree and expressly consent to the exercise of personal jurisdiction of such courts in connection with any such dispute including any claim involving WMC. These Terms and Conditions are governed by the laws of the State of Colorado, without respect to its conflict of laws principles.

Termination

WMC may terminate or suspend your right to use the Site, any services provided on the Site, and/or the license to use WMC's goods or services as obtained through the Site, at any time. Your right to use the Site, any services provided on the Site, and/or the license to use WMC's goods or services as obtained through the Site shall terminate immediately and automatically if you should breach any of these Terms and Conditions.

Purchasing from Wright & McGill

REGISTRATION, PASSWORD, AND SECURITY

You can purchase our Products as a guest or register your information for future purchases by completing WMC’s registration process.  Registration is not required to place an Order.  As part of the registration process you must provide us with current, complete, and accurate information as prompted by the applicable registration form and provide a password and a username. You are entirely responsible for maintaining the confidentiality of your password, username, and account information, and for all activities that occur under your account. You agree to notify WMC immediately of any unauthorized use of your account or any other breach of security.  WMC will not be liable for any loss that you may incur because of someone else using your password, username, or account, either with or without your knowledge. However, you may be held liable for losses incurred by WMC or a third party due to someone else using your account or password. You may not use anyone else’s account at any time without the permission of the account holder and any actions you take using someone else’s account shall be binding upon both you and that account holder. While WMC strives to protect the personal information and privacy of its users, your use of the Site to transmit or store personally identifiable information is at your own risk.

Orders

WMC reserves the right to refuse any order placed on the Site. WMC may, in its sole and absolute discretion, limit or cancel quantities of any order for any reason. In the event WMC changes or cancels your order, we will attempt to notify you by sending you an e-mail and/or contacting you via the information provided at the time your order was made.  Any items not available or backordered will automatically be cancelled.

By purchasing or ordering any knife you represent that you are 18 years of age or older and agree that you will take full responsibility for compliance with all applicable federal, state, and local laws, regulations, and other restrictions.

Product Pricing and Availability

Prices are quoted in U.S. dollars and are subject to change at any time.  Discounts are usually limited time offers and may not be combined with any other offers. WMC makes no representations as to how long a limited-time offer will be available or whether and for how long the product was sold at the manufacturer's suggested retail price prior to any discount being offered. We reserve the right to limit the quantities of any products or services that we offer through the Website at our sole discretion.

Payment Options

All prices are in US Currency.

We accept the following forms of payment on our site:

• PayPal
• Credit cards issued in the United States:
• Visa
• MasterCard
• American Express
• Discover

We do not accept the following forms of payment on our site:

• Cash
• Personal checks
• Traveler’s cheques
• C.O.D.
• Layaway plan
• Non-U.S. Credit Cards

Only one credit card may be used per transaction.

Delivery and Shipping Terms

Orders are usually processed within 24 hours and shipped out within 48 hours. We do not guarantee same day processing or shipping. We process and ship orders Monday-Friday, excluding holidays.

Standard Ground Shipping – Estimated Arrival in 2-10 Business Days. (Ground shipping not available for Alaska & Hawaii.)

We do not ship to Post Offices Boxes. Expedited shipping options require a physical address for delivery. Unfortunately, we are unable to ship to APO/FPO addresses at this time.

Eagle Claw currently only ships online orders to locations inside the United States.

Refund and Return Policy

Returns (US only, all 50 states)

Contact the Eagle Claw Fishing team for instructions on how to return an item and to request a refund. Contact information is listed below.

Email: info@eagleclaw.com

Phone: (720) 941-8723

Mailing Address:

Eagle Claw Fishing Tackle

ATTN: Factory Store Returns

4245 E 46^th Ave

Denver CO 80216

Return Policy

Returns are accepted within 30 days of receiving your order if the item[s] are returned in the original condition with tags. Anything returned after 30 days of delivery will not be eligible for a refund. A refund will be issued once we receive returned items. Any items that are damaged or used when we receive them are not eligible for a refund and will be shipped back to you at your expense.

Returns are credited to the original payment method unless received more than 30 days after the purchase date.