Terms & Conditions

Terms & Conditions

Conditions of Use

Thank you for choosing Mountain Harvest® Gift Baskets. We are an Acmon® Enterprises LLC company. By your visiting, using or shopping at this website or any affiliated Acmon® Enterprises LLC websites you accept the following terms and conditions. Please read them carefully. If you do not agree to these listed terms and conditions, in whole or in part, please do not use this site.

Electronic Communications From Mountain Harvest® to You

In the course of visiting and ordering from this website, you agree to receive electronic communications from us via email. You also agree that our emails to you for the purposes of notices, disclosures, agreements or other communications shall legally satisfy any lawful requirement that such communications be in writing.

Product Descriptions

Although Mountain Harvest® Gift Baskets, Acmon® Enterprises LLC and its affiliates attempt to accurately represent product offerings via descriptions, illustrations or photographs as a reflection of their true nature, we do not warrant that these representations nor other content of this site is accurate, complete, current, error-free or necessarily reliable. On rare occasion should a product be listed with incorrect information, including price, due to product information errors received from our suppliers, we reserve the right to cancel or refuse orders placed at the incorrect price, even though the order may have been confirmed and your credit card charged. However, if your credit card has already been charged for the purchase and we cancel your order, a credit will be immediately issued to your credit card account in the amount of the charge, without penalty. We apologize in advance for any misunderstanding or inconvenience this type of action may cause you.

Disclaimer of Warranties & Limitation of Liability

(Please Read This Section Thoroughly And Carefully)

 

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, EXCEPT AS EXPRESSLY STATED HEREIN. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON OUR SITE, EXCEPT AS EXPRESSLY STATED HEREIN, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

THIS WEBSITE IS MADE AVAILABLE TO YOU ONLY ON “AS IS” AND “AS AVAILABLE” BASISES. THIS WEBSITE’S OWNER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS WEBSITE’S OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. HOWEVER, CERTAIN STATE LAWS 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.

IN ANY CASE, BY YOUR VISITING, MAKING PURCHASES ON OR USING THIS WEBSITE IN ANY MANNER, YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. AND, YOU AGREE THAT IN NO EVENT SHALL Mountain Harvest® GIFT BASKETS, ACMON® ENTERPRISES LLC, OR ITS SUBSIDIARIES OR AFFILIATES, ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES.

Guaranteed Delivery

By “delivery” we mean we will make every effort to attempt delivery on or before the date you designate. Guaranteed Delivery applies only to items which are in stock at the time of order placement and does not apply to any back-ordered items. Mountain Harvest® Gift Baskets reserves the right to change or substitute selected items as defined in our Substitution Policy. The sole remedy for failure to meet the guaranteed delivery time is one $25 Mountain Harvest® Gift Baskets gift certificate per order for which a guaranteed delivery was not made on time.

Customer Privacy

We make every attempt, during your visit to our website and throughout the ordering process, to maintain your privacy. Please review our Privacy & Security Policy regarding our privacy practices.

Protecting Children

Our website is designed for the use of general audiences. We are very serious about and take special care in the protection, safety and privacy of children.  Children under the age of fourteen (14) should always seek permission from their parents or guardians before providing any personal information to anyone online. We appeal to and urge parents and legal guardians or other responsible adults to participate in the online activities of any children in their care and to use appropriate parental control or other web filtering technology to supervise children’s access to the web or use of this site.

Links to Third Party Sites

From time to time, this website may contain links to other websites not operated by us. We have no control over these linked sites and cannot confirm their privacy policies. You acknowledge that the privacy policies on such linked sites may be different from our Privacy & Security Policy. As such, when accessing these linked sites you agree to do so at your own risk. It is important that you always read and are aware of the privacy policy of any site linked to our website, before disclosing any personal information on such a site.

Legal Applications

You agree to comply with all applicable local, state and federal laws, ordinances, regulations and statutes regarding your visiting, purchasing from and, in general, using our website. You acknowledge that we may, at our sole discretion, report actual or perceived violations of the law to law enforcement or appropriate authorities. Should we become aware of any potential or suspected violation of these Conditions of Use or of our Privacy & Security Policy, we may conduct an investigation to determine the type and magnitude of the suspected violation. We reserve the right, as part of an appropriate enforcement action during such an investigation, to suspend services to any customer or other entity being investigated. You agree to cooperate fully with any such investigation and further acknowledge that violations of the above Conditions of Useor the Privacy & Security Policy may be subject to criminal or civil penalties. The Conditions of Use and the relationship between you and Mountain Harvest® Gift Baskets shall be governed by the laws of the State of Oregon, without regard to its conflict of law provisions, and agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Washington, in said state. Any failure of Mountain Harvest® Gift Baskets or Acmon® Enterprises LLC to exercise or enforce any right or provision of the Conditions of Use shall not constitute a waiver of such right or provision. Should any single or multiple provision of the Conditions of Use be found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision; and, the other provisions of the Conditions of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Mountain Harvest® Gift Baskets website or the Conditions of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Copyright & Trademarks

This website and its contents are intended for your personal use. All content on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, is the property of Mountain Harvest® Gift Baskets or its affiliates and is protected by United States and international copyright laws. All software used on this site is the property of StoresOnline Incorporated and is protected by United States and international copyright laws. We use third Party content providers, with permission, who also own copyrights in the content original to them. You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission of your content on the Site.

Copyright Infringement Claims

If you believe that any material or content posted on this site constitutes copyright infringement, please forward the following information to the Copyright Agent below: (1) Your name, address, telephone number, and email address; (2) A description of the copyrighted work that you claim has been infringed; (3) A description of where the alleged infringing material is located; (4) A statement by you that the use under dispute is not authorized by the copyright owner, its agent, or the law; (5) A signature of the person authorized to act on behalf of the owner of the copyright interest; and (6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Copyright Agent: Customer Service

This notice is issued pursuant to the Online Copyright Infringement Liability Limitation Act.

Copyright 2009 Mountain Harvest® Gift Baskets. All rights are reserved that are not expressly granted herein.

CONTACT INFORMATION:

Mountain Harvest® Gift Baskets

Email: CustomerService@MountainHarvestGiftBaskets.com