Terms and Conditions
This website http://www.RockyMountainHandmade.com (the “RMH site”) is available free-of-charge. The terms "you", "your", and "yours" refer to anyone accessing, viewing, browsing, visiting or using the RMH site. The terms "RockyMountainHandmade.com", "we", "us", and "our" refer to Rocky Mountain Handmade LLC. We reserve the right to change the nature of the relationship at any time and to revise these Terms and Conditions from time to time. As such, you should check these Terms and Conditions periodically. Your accessing, viewing, browsing and/or using the RMH site after changes to these Terms and Conditions constitutes your acceptance and agreement to those changes are posted, whether or not you actually reviewed them. At the bottom of the page, we will notify you of the date these Terms and Conditions were last updated.
Entering the RMH site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the RMH site.
Please review our Privacy and Security, which also governs visits to the RMH site. To the extent there is a conflict between the terms of the Privacy and Security Policy and the Terms and Conditions, the Terms and Conditions govern.
You acknowledge that the RMH site contains information, data, photographs, typefaces, graphics, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part.
Nothing contained on the RMH site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the RMH site or any information displayed on the RMH site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the RMH site.
Intellectual Property Infringement
We rely on a network of independent artists/Craftspeople, designers, (collectively, "Sellers") who supply the products featured on the RMH site and, drop ship them directly to our customers. In accordance with the Digital Millennium Copyright Act, we are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Content posted on or transmitted through the RMH site, or products featured on the RMH site. If you believe that your intellectual property rights are violated by any Content posted on or transmitted through the RMH site, or products featured on the RMH site, please contact us so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or products.
RockyMountainHandmade.com and other marks which may or may not be designated on the RMH site by a “™” “®” “SM” “LLC” or other similar designation, are registered, pending or unregistered trademarks or service marks of RockyMountainHandmade.com, in the United States. Our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of RockyMountainHandmade.com may not be used in connection with any product or service that is not RockyMountainHandmade.com's. All other trademarks not owned by us that appear on the RMH site are the property of their respective owners.
RockyMountainHandmade.com Site Access
You may not download (other than page caching) or modify the RMH site or any portion of it without our express, prior written consent. That includes: a prohibition on any resale or commercial use of the RMH site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the RMH site or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The RMH site or any portion of the RMH site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of RockyMountainHandmade.com or its Sellers without our express, prior written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express, prior written consent.
If you use the RMH site, you are responsible for maintaining the confidentiality of the information you submit through “My Account” and the corresponding password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under “My Account” or password. We reserve the right to refuse service, terminate accounts and to remove or edit content submitted by you in the “My Account” area of the RMH site.
We are not responsible for the content of any sites that may be linked to or any bulletin board or blog associated with us.
Disclaimers and Limitations of Liability
The RMH site is provided on an "AS IS," "as available" basis. RockyMountainHandmade.com does not warrant that use of the RMH site will be uninterrupted or error-free. RockyMountainHandmade.com, does not warrant the accuracy, integrity, or completeness of the Content provided on the RMH site or the products offered for sale on the RMH site. Further, RockyMountainHandmade.com makes no representation that Content provided on the RMH site is applicable or appropriate for use in locations outside of the United States. RockyMountainHandmade.com specifically disclaims warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by RockyMountainHandmade.com shall create a warranty of any kind. You expressly agree that your access to, viewing of, browsing, visiting or use of the RMH site is at your sole risk.
Under no circumstances shall RockyMountainHandmade.com be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the RMH site, including but not limited to reliance by a user on any information obtained at the RMH site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to RockyMountainHandmade.com records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if an authorized representative of RockyMountainHandmade.com has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, merchandise available through the RMH site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
The products on our RMH site are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.
Your Consent for Notices We Send You
You agree that we have the right to send you certain information in connection with the RMH site. We may send you any other information in electronic form to the e-mail address you specified when you created an account through the site. You may have the right to withdraw your consent under applicable law, but if you do, we may cancel your rights to the RMH site. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the RMH site, you agree that you will have, or have access to, the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the RMH site.
Termination Of Usage
We may terminate your access or suspend your right to access all or part of the RMH site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.
Usage By Minors
The RMH site is not intended for or directed to persons who are minors (typically persons under the age of 18, depending on where you live). Because we cannot prohibit minors from accessing, viewing, browsing, visiting or using the RMH site, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. By registering with the RMH site, purchasing products from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide is not inaccurate, deceptive or misleading.
We require that all purchases be made either (1) by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on where you live), or (2) by minors with the permission of a parent or guardian to purchase items on the RMH site.
If you access the RMH site from anywhere in the United States, you agree that the laws of the State of Colorado, USA, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and RockyMountainHandmade.com.
Site Policies, Modification and Severability
Please review our other policies, such as our Privacy and Security Policy, Return Policy and others, all of which are incorporated herein by the reference and are posted on the RMH site. These policies also govern your visit to the RMH site. We reserve the right to make changes to the RMH site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
How To Order Through the Rocky Mountain Handmade Site
After placing an order, you will receive an email from us acknowledging that we have received your order (“Order Confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order (the “Shipping Confirmation”). A contract with us will only be formed when we send you a Shipping Confirmation (you may receive more than one if your order includes products from more than one Seller). The contract will relate only to those products whose shipment we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other products, which may have been part of your order in a separate Order Confirmation. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the product is no longer available.
Prices and Availability Of Products
Prices and availability of products on the RMH site are subject to change without notice. Errors will be corrected when discovered. Our RMH site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our RMH site may be incorrectly priced.
On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty.
On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available from our Seller’s inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.
Notice To Colorado Residents
You are hereby notified that if you are a Colorado resident, sales or use tax in your state is due on certain purchases made on our RMH site and that the State of Colorado requires Colorado purchasers to file a sales or use tax return for items purchased on the RMH site.
The term shipping or ship includes the commencement of shipping items in an order for multiple purchases or where the item purchased consists of components that must be shipped separately. For example, your order may consist of (1) several different items, (2) a quantity of the same item, or, (3) a single item with several component parts the size of which might require them to be shipped in separate packages. In all such orders, we endeavor to ship out individual packages together so that they arrive at the same time; however, when that is not possible, we commence shipping by shipping individual packages in the order the soonest they are available and conditions permit. In these instances, our notification to you that your order has shipped marks the time when shipping has commenced; it does not mean that all items in the order have shipped at that time.