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TERMS OF SERVICE

GENERAL OVERVIEW

This website is operated by Alpine Gremlins, LLC (“Alpine Gremlins”, “we” “us” and “our”).  We offer this website (the “Site”), including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here, including those additional terms and conditions and policies that may be referenced herein and/or available by hyperlink (collectively the “Terms of Service”).

When you access, browse, or use this Site, and/or purchase any products or services from the Site, you accept, without limitation or qualification, the Terms of Service. If you do not agree with the Terms of Service, do not use this Site. For good and valuable consideration, the receipt and sufficiency of which are acknowledged, we both agree to the terms and conditions set forth herein.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Site.

We reserve the right, at our discretion, to update, change, modify, add, or replace any part of these Terms of Service by posting updates and/or changes to the Site, at any time, without notice or obligation. As such, please check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

Our store is hosted using WooCommerce.  They provide us with the online e-commerce platform that allows us to sell our products and services to you. Their terms and conditions also apply and it is your responsibility to review them. 

Other Resources
WooCommerce Privacy Policy

SECTION 1 – RESTRICTIONS

You may not use the Site for any illegal or unauthorized purpose nor may you, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.  A breach or violation of any of the Terms of Service will result in an immediate termination of your rights hereunder.

SECTION 2 – YOUR RIGHT TO USE THE SITE AND SITE CONTENT

We grant you a non-exclusive, non-transferable, right to enter, display, and use this Site to view the information provided and to order the products and services offered by Alpine Gremlins and its partners. You agree not to affect/interrupt or to attempt to affect/interrupt the operation of this Site in any manner

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Unless otherwise stated, this Site and the content provided in this Site (“Site Content”), including, but not limited to, the text and images contained on the site and their arrangement are the copyrighted property of Alpine Gremlins and/or third party licensors. (Please note that while the terms Site and Site Content may appear in the Terms of Service together, when either term appears in the Terms of Service without the other, either term shall mean both Site and Site Content.) All trademarks, service marks, and trade names are proprietary and the property of their respective owners including, but not limited to, the trademarks Alpine Gremlins. 

No portion of this Site, including text, images, audio, video or data may be copied, reproduced, republished, transmitted, uploaded, posted or distributed in any way without the prior written consent of Alpine Gremlins, except that you may download, display, and print one copy of the Site Content provided in this Site on any single computer for your personal, non-commercial home use only, provided that (i) you keep intact all copyright, trademark, and other proprietary notices, and (ii) you make no modifications whatsoever to the materials. 

We may change, suspend, or discontinue any aspect of the Site at any time, including the availability of any Site feature, or content. We may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability.

SECTION 3 – PRODUCTS AND SERVICES 

Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.  We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. We cannot guarantee that your display of any color will be accurate.  We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.  We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Site will be corrected. 

SECTION 4 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 5 – THIRD-PARTY LINKS

Certain content, products and services available via our Site may include materials from third-parties (including certain tools and other items we think may be of interest to you).  Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials, tools, or websites, or for any other materials, products, or services of third-parties.  We are not liable for any harm or damages related to the purchase or use of goods, products, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction or use any such goods, products, tools, or services. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 6 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.  

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including without limitation copyright, trademark, privacy, name, image and likeness, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 7 – PERSONAL INFORMATION

Your submission of personal information through the Site is governed by our Privacy Policy. It is your responsibility to review our Privacy Policy.

SECTION 8 – ERRORS, INACCURACIES AND OMISSIONS

We are not responsible if information made available on this Site is not accurate, complete or current. Prices for our products are subject to change without notice.

Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site. For products and services offered through third party services, Alpine Gremlins is not liable for any modification, price change, suspension or discontinuance of any such products or services offered by third parties. We are also not liable for any changes, including but not limited to those listed above, as a result of a change of the third party offering such products or services.

We undertake no obligation to update, amend or clarify information on the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related website, should be taken to indicate that all information on the Site or on any related website has been modified or updated.

SECTION 9 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.

SECTION 10 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of the Site will be uninterrupted, timely, secure or error-free.  We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable.

You agree that from time to time we may remove the Site for indefinite periods of time or cancel the Site at any time, without notice to you.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE AND ANY PRODUCTS OR SERVICES CONTAINED THEREIN IS AT YOUR SOLE RISK. THE SITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED “AS IS” AND ”AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

IN NO CASE SHALL ALPINE GREMLINS, LLC, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SITE OR ANY PRODUCTS PROCURED USING THE SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

The provisions of this paragraph shall survive the termination of this agreement for any reason.

SECTION 11 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Alpine Gremlins, LLC and our affiliates and their respective partners, officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, suppliers, interns successors, and assigns, harmless from any claim or demand, including reasonable attorney’s fees , made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.  This paragraph shall survive the termination of this agreement for any reason.

SECTION 12 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 13- TERMINATION

The Terms of Service are effective until terminated by either party. We may terminate your access to the Site immediately without notice from us if, in our sole discretion, you fail to comply with any term of condition of the Terms of Use. You may terminate this Agreement, immediately without notice to us, at any time by discontinuing your use of the Site, and any materials you have obtained from the Site.  The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the Terms of Service for any reason. 

SECTION 14 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.  These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).  Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 15- GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws and in the state and federal courts of the state of Vermont. . You accept the exclusive personal jurisdiction, and waive any objections to the venue of such courts.   

SECTION 16 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@alpinegremlins.com

DATE: February 23, 2023