Terms of service

Effective Date: July 7, 2025

These Terms of Service ("Terms") govern your use of the website operated by THREE NATIONS CAPITAL, LLC, doing business as Americana Flagpoles ("Company", "we", "our", or "us"). By accessing or using our website or services, you agree to be bound by these Terms.

The following are terms of a legal agreement between you and Americana Flagpoles. By visiting and/or using this web site, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. We currently only ship and sell products within the United States. Orders placed for international delivery will be canceled and refunded If you do not agree to these terms, please do not use this web site. This website is intended for users who are 18 years of age or older. By using this website, you represent that you meet this age requirement. You agree to use the website only for lawful purposes and in accordance with these Terms. For our Products Policy, please go to www.americanaflagpoles.com/pages/product-policies-page.

Modification of our Terms and Conditions

The Company reserves the right, at any time, to (i) change the terms of the Terms and/or any Rules, (ii) change the Services, including eliminating or discontinuing any content or feature of the Services, changing the terms of eligibility, restricting the hours of availability, or limiting the amount of use permitted by the User, or (iii) change any fees or charges for use of the Services, including instituting new or increased fees or charges for the use of the Services or any features, contests, products or services offered through use of the Services. The most current version of these Terms will be posted on the Websites. You shall be responsible for reviewing and becoming familiar with any such modifications. If a revision to the Terms, in our sole discretion, is material, we will notify you by contacting you through the email address associated with your Account. Use of the Services by you after any modification to the Terms constitutes your acceptance of the Terms of Use as modified. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Websites

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Websites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites, or the entire Websites. You are responsible for making all arrangements necessary for you to have access to the Websites and ensuring that all persons who access the Websites through your internet connection are aware of these Terms of Use and comply with them. You are responsible for maintaining the confidentiality of your login credentials.

Intellectual Property

The Websites and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not use our intellectual property without the prior written permission of AMERICANA FLAGPOLES.

These Terms of Use permit you to use the Websites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Websites. You must not:

Modify copies of any materials from the Websites.

Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Websites.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Websites in breach of the Terms of Use, your right to use the Websites will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Websites or any content on the Websites is transferred to you, and all rights not expressly granted are reserved by AMERICANA FLAGPOLES. Any use of the Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and in our discretion, terminate your right to use our Websites (or any part thereof) if you infringe the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact us and include the following information:

A physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner;

Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this Websites are covered by a single notification, a representative list of such works);

Identification of the material that is claimed to be infringing or the subject of infringing activity;

Information reasonably sufficient to allow us to locate the material on our Websites;

Your name, mailing address, telephone number and email address;

A statement by you 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

A statement by you that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices of claims of copyright infringement with respect to this Websites should be sent to:

Americana Flagpoles LLC.

1207 Delaware Ave Ste 1974

Wilmington, De 19806

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. All legal disputes must be resolved and governed by the laws of the state of Delaware.

No Waiver

Any action or inaction taken by Americana Flagpoles relative to any dispute or claim does not waive Americana Flagpoles’ rights to act to any fashion in subsequent situations regardless of similarity.

Disclaimers

Our products should be installed and used according to manufacturer instructions and local safety guidelines. Americana Flagpoles is not responsible for damage or injury resulting from improper installation or use.

Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITES LINKED TO IT. YOUR USE OF THE WEBSITES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER AMERICANA FLAGPOLES NOR ANY PERSON ASSOCIATED WITH AMERICANA FLAGPOLES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER AMERICANA FLAGPOLES NOR ANYONE ASSOCIATED WITH AMERICANA FLAGPOLES REPRESENTS OR WARRANTS THAT THE WEBSITES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

AMERICANA FLAGPOLES PROVIDES SERVICES ON AN AS IS AND AS AVAILABLE BASIS. AMERICANA FLAGPOLES MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES OR THE OPERATION OF THE WEBSITES OR THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS INCLUDED IN WEBSITES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR AS TO THE CORRECTNESS, ACCURACY, TIMELINESS OR RELIABILITY OF THE INFORMATION, CONTENT OR MATERIALS PROVIDED THROUGH THE SERVICES OR THE WEBSITES. ANY CONTENT, WHETHER PUBLICLY POSTED OR PRIVATELY TRANSMITTED, IS THE SOLE RESPONSIBILITY OF THE MEMBER WHO ORIGINATED SUCH CONTENT. AMERICANA FLAGPOLES SHALL HAVE NO LIABILITY FOR THE TRUTH, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION MADE AVAILABLE THROUGH THE WEBSITES OR FOR ERRORS, MISTAKES OR OMISSIONS IN THAT INFORMATION OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. MEMBER EXPRESSLY AGREES THAT MEMBER IS USING THE SERVICES AND THE WEBSITES, AND RELYING ON ANY CONTENT OR MATERIALS POSTED OR OBTAINED VIA THE WEBSITES OR SERVICES, AT MEMBER’S SOLE RISK.

TO THE FULLEST EXTENT PROVIDED BY LAW, AMERICANA FLAGPOLES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL AMERICANA FLAGPOLES, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, INVESTORS, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE WEBSITES OR SUCH OTHER SITES,OR FOR ANY LOSSES OR DAMAGES OF ANY KIND TO MEMBER, ANOTHER MEMBER OR ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) THAT MAY ARISE OR RESULT FROM MEMBER’S, ANOTHER MEMBER’S OR A THIRD PARTY’S USE OR ACCESS TO, OR INABILITY TO USE OR ACCESS, THE WEBSITES OR THE SERVICES, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY EVEN IF THE AMERICANA FLAGPOLES PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HOWEVER, IF NOT WITHSTANDING THE FOREGOING DISCLAIMER, A COURT DETERMINES THAT AMERICANA FLAGPOLES PARTY IS LIABLE FOR LOSSES OR DAMAGES, SUCH AMERICANA FLAGPOLES PARTY’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID TO AMERICANA FLAGPOLES BY THE MEMBER(S) CLAIMING LOSS OR DAMAGE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

AS A CONDITION TO YOUR ACCESS TO AND USE OF THE AMERICANA FLAGPOLES WEBSITES, YOU HEREBY WAIVE AND RELEASE ANY AND ALL CLAIMS, DAMAGES, CAUSES OF ACTION OR SUITS OF ANY KIND OR NATURE WHATSOEVER, WHICH YOU MIGHT HAVE AGAINST AMERICANA FLAGPOLES, ARISING OUT OF OR RELATING IN ANY WAY FROM YOUR USE OF THE WEBSITES OR THE SERVICES. YOU UNDERSTAND THAT THIS RELEASE IS NOT INTENDED AS AN ATTEMPTED RELEASE OF CLAIMS OF GROSS NEGLIGENCE OR INTENTIONAL ACTS.YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY AND THAT YOU ARE WAIVING ANY RIGHT THAT YOU MAY HAVE TO BRING A LEGAL ACTION TO ASSERT A CLAIM, CAUSE OF ACTION, SUIT OF ANY KIND OR NATURE WHATSOEVER AGAINST AMERICANA FLAGPOLES ARISING OUT OF AMERICANA FLAGPOLES’S OWN NEGLIGENCE.

Indemnification

You agree to indemnify, defend, and hold harmless Americana Flagpoles and its officers, directors, employees, investors, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Site or your breach of these Terms of Use, including but not limited to the content you submit or make available through the Site.

Modifications

We may update these Terms at any time. Changes will be posted on this page with an updated effective date. Continued use of our website constitutes acceptance of the revised Terms.

For questions about these Terms, please contact us at support@americanaflagpoles.com.

Main menu

Terms of service

Your cart -