Terms and Conditions
Terms and Conditions of Use
ELECTRONICALLY. IF YOU DO NOT AGREE, YOU ARE NOT AUTHORIZED TO USE THIS OR ANY OTHER SITES.
Certain sections of the Sites may require you to register. If registration is requested, you agree to provide accurate and complete registration information. During registration, you may be required to provide contact information, including an email address, username, and password. You can select any available username, provided that such username is not an impersonation of another person, a term that is the same or confusingly similar to another person’s trademark, or a term that is offensive in any way. You may, but are not obligated to, use your own name. Montana Mex reserves the right to reject or remove any username. It is your responsibility to inform Montana Mex of any changes to any information you provide. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. Montana Mex does not permit anyone other than you to use the sections requiring registration by using your username or password. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Montana Mex immediately by emailing email@example.com.
Age of Users
How to Order Through the Site
After placing an order, you will receive an email from us acknowledging that we have received your order (an “Order Confirmation”). Please note that your order constitutes an offer to us to buy a product and your receipt of an Order Confirmation does not mean that your order has been accepted. All orders are subject to acceptance by us, and we will confirm such acceptance by sending you an email confirming the shipment of your order (a “Shipping Confirmation”). A contract with us will only be formed when we send you a Shipping Confirmation. The contract will relate only to those products whose shipment we have confirmed in the Shipping 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 in our inventory.
Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered. If a product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error. You agree that credit cards and debit cards are to be charged on the date of inventory reservation for the order, not the date of shipping.
Any statements made about products have not been evaluated by the U.S. Food and Drug Administration, and results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure, or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions, and guidelines. You should always check the ingredients of products to avoid potential allergic reactions. Use of the Sites is not meant to serve as a substitute for professional medical or other advice.
While Montana Mex has tried to accurately display the colors, dimensions, and other characteristics of the products on the Sites, the actual colors and other characteristics you see may depend on your computer, monitor, and/or other variations and may vary accordingly.
We understand that getting your Montana Mex goodies quickly is important to you, so we make every effort to process your orders with lightening speed. Estimated shipping and delivery times are 5-10 days from order placement, depending on the ship to location. Now that you’ve got all the details #avogo at our online store!
Here at montanamex.com you’ll enjoy free returns on all of our sauces, seasonings, oil and apparel. Free returns is only available in the lower 48 United States on items that qualify and meet the minimum purchase requirement.
Intellectual Property Rights
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software or other Site Content is Copyright © 2013 Montana Mex LLC, ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement, and assembly) of all Site Content is the exclusive property of Montana Mex and protected by U.S. and international intellectual property laws. All software used on the Sites is the property of Montana Mex or its software suppliers and is protected by U.S. and international copyright laws.
Postings on the Sites
By using the Sites, you grant Montana Mex an irrevocable, non-exclusive, royalty-free, and perpetual license to use, authorize use of, and have used, throughout the universe and on its behalf, any ideas, expression of ideas, text, graphics, messages, links, data, information, and other materials you submit (collectively, “Postings”) to the Sites. Said license is without restrictions of any kind and without any payment due from Montana Mex or permission or notification to you or any other third party, and includes the right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, perform, and sublicense Postings in any form, medium, or technology now known or hereafter developed.
Montana Mex has no obligation to monitor or screen Postings and is not responsible for the content in any Postings or any content linked to or from such Postings. However, Montana Mex reserves the right, in its sole discretion, to monitor interactive areas, screen Postings, edit Postings, cause Postings not to be posted, published, uploaded or distributed, and to remove Postings, at any time and for any or no reason, in its sole discretion. Postings are not confidential and may or may not be used in Montana Mex’s sole discretion. If you participate in any interactive areas on the Sites, you shall not post, publish, upload, or distribute any Postings which are unlawful or abusive in any way, including, but not limited to, any Postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, either intentionally or unintentionally.
Montana Mex does not represent or warrant that the Sites or Postings will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Montana Mex does not warrant or represent that the Sites or Postings available on or through the Sites will be correct, accurate, timely, or otherwise reliable. Montana Mex may make improvements and/or changes to the features, functionality, Site Content or Postings at any time. Montana Mex does not guarantee that you will have any recourse to edit or delete any Posting you have submitted. You acknowledge that you, not Montana Mex, are responsible for the contents of any Posting you submit.
Use of Site Content; Interactive Services
Montana Mex is not liable for any statements, representations, or other Postings provided by its users in any public forum on the Sites or any third party site, including, without limitation, through any interactive services available on the Sites. Any content, if displayed, is displayed for entertainment and informational purposes only. More generally, content posted via or on the Sites or any third party site, including through any interactive services, is not controlled by Montana Mex. Accordingly, Montana Mex cannot guarantee the accuracy, integrity, or quality of such content or any Postings.
You agree not to circumvent, disable, or otherwise interfere with security-related features of the Sites or features that prevent or restrict use of any Site Content or enforce limitations on use of the Sites or any Site Content. You may not interfere with or disrupt the Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites, including by using any device, software, or routine to bypass robot exclusion headers. Montana Mex reserves all rights not expressly granted in and to any Site Content. When using any interactive services, you may not disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in exchanges.
Limitations on Use
Third Party Content
Third party content, including, without limitation, Postings (“Third Party Content”), or links to third party web sites may appear on the Sites or may be accessible via links from one or more Site. Montana Mex does not monitor, approve, or have any control over any Third Party Content or third party sites, and the inclusion of links to Third Party Content or third party sites does not imply any association or relationship between Montana Mex and such third party. Accordingly, Montana Mex shall not be responsible for and assumes no liability for any infringement, mistake, misstatement of law, defamation, slander, libel, omission, falsehood, obscenity, pornography, or profanity in any Third Party Content. You understand that the information and opinions in any Third Party Content is neither endorsed by nor does it reflect the belief or opinion of Montana Mex.
As part of our order processing procedures, we may screen all orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
Linking to the Sites
Disclaimer; Limitation on Liability
MONTANA MEX IS PROVIDING THE SITES, ALL SITE CONTENT, AND ANY INTERACTIVE SERVICES ON AN “AS-IS, AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AS CONSIDERATION FOR YOUR USE OF THE SITES, YOU AGREE THAT, TO THE EXTENT PERMITTED BY LAW, MONTANA MEX SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFITS, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, MONTANA MEX’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
Governing Law; Jurisdiction
Effective September 2016