Terms and Conditions of Use
The name “the Company” refers to Mountain Man Nut & Fruit Co.
For additional policies, read Acceptable Use Policy
By accessing or using any areas of our website you are bound by the terms and conditions set forth below, as well as the terms of our Acceptable Use Policy and our website Privacy Statement. If you do not accept these terms and conditions, you may not access or use this website. We retain the right to modify these terms and conditions at any time by posting new terms and conditions on this page.
Many portions of this website are available for public viewing and use. You must register or enter into a separate agreement with The Company to access other portions of this website. Subject to the terms and conditions set forth on this page, our Acceptable Use Policy and our Privacy Statement, and the terms and conditions of any license or other agreement pursuant to which you use our products or services, The Company grants you permission to do the following: (i) view and use for intended purposes those portions of this website to which we have granted you access; (ii) make one complete, unaltered electronic copy and/or one complete, unaltered paper copy of any page on this website to which we have granted you access, provided you retain all copyright, trademark and other proprietary rights notices and that you use it solely for personal or internal business purposes and do not distribute or republish it; (iii) obtain our products and signup for our services, subject to payment of all applicable charges and agreement to the terms and conditions of any license agreement or other agreement associated with those products and services; and (iv) use the discussion forums, contact lists and e-mail links to which you have been granted access to interact with The Company and other users of our products and services in ways that do not violate our Acceptable Use Policy. Any other use of this website or its contents is prohibited without first obtaining written permission from The Company.
Unfortunately, we have no control over packages once they leave our warehouse and are delivered to recipients, especially with the growing thefts of parcels on front porches. Please make sure the address is correct and the recipient will be home to receive the parcel. If you or the recipient have issues with receiving packages, possibly leave it on a back step or on the side of the house or behind a fence/gate.
This website contains text, data, software, photographs, graphics, videos, music, sounds and other information and material that is protected by state, national and international law pertaining to copyrights, trademarks, trade secrets, and other proprietary rights. Unless indicated otherwise, all of this content is the property of The Company and/or its licensors or affiliates, and The Company and its licensors and affiliates reserve all rights with respect to this website’s content, including, without limitation, all rights to copy, display, distribute, transmit, modify, remove, and create derivative works of it.
Trademarks, product names, company names and logos appearing on this website are the property of their respective owners. You must obtain permission from those owners before copying or using their trademarks, product names, company names or logos.
You may make referential links to any of the publicly accessible pages on this website that are not password protected, subject to review and termination by us at any time and for any reason. Please be aware that we continually update and revise our website. We cannot guarantee that each page to which you may provide a link will remain available or that its content will remain the same.
You may not link to our website in any way that might lead others to believe that our website or any of its contents were created or are operated or offered by you or any party other than The Company.
You may not use any of The Company's trade names, trademarks or any of the textual content of our website as metatags in your own website, unless we have granted you a license explicitly permitting you to do so.
Whenever you communicate with The Company or others using this website, including its forums and e-mail links, your communications are nonconfidential. The Company is free to use all submissions, ideas and feedback contained in your communications in any manner that is consistent with our Privacy Statement, including, but not limited to, incorporating your suggestions into our product and service offerings without any financial or other obligation to you.
If any of the products or services available to you on this website requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You may be asked to choose a username and/or password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify The Company immediately of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by The Company or another 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.
The Company is not responsible for any opinions, advice or statements made by third parties. Except as required by law, we have no obligation to monitor users’ postings to our forums or to remove or retain forum content, although we reserve the right to do so.
Third parties may develop or provide tools, skins or other software applications or components, materials, data, content or other products or services for use with our products or services, some of which may be accessible on or via this website. The Company makes no representation or warranty with respect to the quality, reliability or non-infringement of any third party product, service or material accessible on or via this website. Your rights with respect to third party products, services or data may be subject to the terms and conditions of separate agreements with the third parties providing them.
This website may contain links to third party Web sites. These links are provided solely as a convenience to you. Unless explicitly stated otherwise, they are not intended as a certification or endorsement of the owner of the website, the website’s content, or any products or services available on or via the website. The Company does not control and is not responsible for linked Web sites, or any Web sites (other than our own) that are linked to them.
THIS WEBSITE AND ITS CONTENTS ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. The Company, AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTROLLED OR CONTROLLING ENTITIES, BUSINESS PARTNERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS, LICENSORS AND SUPPLIERS (COLLECTIVELY, "AFFILIATES"), MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ABOUT THIS WEBSITE OR ITS CONTENT, AND THEY DISCLAIM ALL WARRANTIES REGARDING THIS WEBSITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, OR the availability or quality of any products or services AVAILABLE VIA this website (except as may be set forth in any license or other agreement related to those products or services).
EXCEPT AS MAY BE PROVIDED IN A SEPARATE WRITTEN LICENSE OR OTHER AGREEMENT BETWEEN YOU AND THE COMPANY PERTAINING TO THE COMPANY'S PRODUCTS OR SERVICES, Neither The Company nor any of its affiliates will be liable for ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER LOSSES OR damages arising out of or RELATED TO use of this website OR ANY PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THIS WEBSITE, whether as a result of errors, omissions, LOSS OF DATA, defects, viruses, interruptions or delays in operation or transmission, or ANY other cause. THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE LEGAL THEORIES UNDER WHICH RELIEF IS SOUGHT AND EVEN IF THE COMPANY AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF THE LOSSES OR DAMAGES ALLEGEDLY SUFFERED.
IN NO EVENT WILL THE COMPANY'S AND ITS AFFILIATES’ TOTAL LIABILITY WITH RESPECT TO ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THIS WEBSITE EXCEED THE LOWER OF DIRECT DAMAGES ACTUALLY INCURRED BY YOU OR US $1O.
Some jurisdictions limit the exclusion OF DAMAGES or limitation of liability, so the above exclusions AND limitations may not apply to you. IF any part of the exclusions of DAMAGES OR LIMITATION OF liability set forth above is unenforceable under applicable law, THE COMPANY AND its AFFILIATES' AGGREGATE LIABILITY will BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
This website is controlled and operated by The Company from its offices within the United States. The Company makes no representation that the products, services and other materials available through this website are appropriate or available for use in other countries, and access to them from countries where their contents or use is illegal is prohibited.
The terms and conditions contained on this page apply generally to your access to and use of this website and our products and services. Some of these terms and conditions may be modified or superseded by expressly designated legal notices located on other pages of this website or by the terms and conditions of the licenses or other agreements pursuant to which you obtain our products or services. A specific provision in any of those notices, licenses or agreements that addresses the same subject matter as a provision on this page overrides the provision on this page.
No delay or failure to take any action or exercise any right that The Company may take or exercise pursuant to these terms and conditions or applicable law will constitute a waiver of that action or right by The Company.
Any litigation arising out of or related to your access to or use of this website will be brought only in the United States District Court for the District of Colorado, or, if federal subject matter jurisdiction is lacking, then in the Colorado state trial court for the division and county in which The Company's or its successor’s or assign’s principal office in Colorado is then located. By accessing or using this website, you submit to the personal jurisdiction of these courts and waive all objections to placing venue exclusively before them. The prevailing party in any litigation will be entitled, in addition to any other relief granted to it, to recover reasonable attorney's fees, expenses and costs incurred in connection with the litigation.
The terms and conditions contained on this page will be governed by and interpreted in accordance with the laws of Colorado, USA, without regard to any of its choice of law rules that might lead to application of the law of another jurisdiction. If any of the terms or conditions contained on this page are determined to be invalid or unenforceable by a court of competent jurisdiction, then the remaining terms and conditions will remain in full force and effect, and the invalid or unenforceable term or condition will be deemed superseded by a valid, enforceable term or condition that matches the practical effect of the original provision as closely as possible. These terms and conditions set forth our entire agreement with you related to your use of this website, and they prevail over any other communications we may have regarding its use, with the exception of an agreement signed by an authorized representative of The Company that explicitly authorizes a use which is inconsistent with these terms and conditions.