Terms of Service:
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by Mountains & Skye’s, acceptance is expressly limited to these terms.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
1. Mountains & Skye’s
• Description. Mountains & Skye’s is a product based business.
• Prohibited Uses. When using MountainsandSkye.com, you agree not to:
◦ Publish material or engage in activity that is illegal under applicable law.
◦ Disclose the sensitive personal information of others.
◦ Send spam or bulk unsolicited messages.
◦ Interfere with, disrupt, or attack any service or network.
◦ Distribute material that is or enables malware, spyware, adware, or other malicious code.
◦ You may not use MountainsandSkye.com to substantially replicate products or services offered by Mountains & Skye.
• Payment, Exchanges and Refunds. Currently purchases placed on MountainsandSkye.com are processed through PayPal. Additional processing options may be added in the future. Exchanges and refunds are determined on a case by case basis. For most current information visit Order & Shipping Info.
2. Responsibility of Visitors.
Mountains & Skye does not represent or imply that it endorses the material posted in comments, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Mountains & Skye disclaims any responsibility for any harm resulting from the use by visitors, or from any downloading by those visitors of content there posted.
3. Copyright Infringement and DMCA Policy.
As Mountains & Skye asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by MountainsandSkye.com violates your copyright, you are encouraged to notify Mountains & Skye in accordance with Mountains & Skye’s Digital Millennium Copyright Act (“DMCA”) Policy. Mountains & Skye will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Mountains & Skye will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Mountains & Skye or others. In the case of such termination, Mountains & Skye will have no obligation to provide a refund of any amounts previously paid to Mountains & Skye.
4. Intellectual Property.
This Agreement does not transfer from Mountains & Skye to you any Mountains & Skye or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Mountains & Skye. Mountains & Skye, Mountains & Skye logo, and all other trademarks, service marks, graphics and logos used in connection with MountainsandSkye.com or our Services, are trademarks or registered trademarks of Mountains & Skye or Mountains & Skye’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Mountains & Skye or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Mountains & Skye may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your WordPress.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
7. Disclaimer of Warranties.
Our Services are provided “as is.” Mountains & Skye and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Mountains & Skye nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
8. Limitation of Liability.
In no event will Mountains & Skye, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Mountains & Skye under this agreement during the twelve (12) month period prior to the cause of action. Mountains & Skye shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
9. General Representation and Warranty.
10. US Economic Sanctions.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Mountains & Skye reserve the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless Mountains & Skye, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between Mountains & Skye and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Mountains & Skye, or by the posting by Mountains & Skye of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Oregon, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Oregon. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Oregon, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Mountains & Skye may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.