Terms and Conditions of Use

Introduction

Welcome to the Montana Mex (“we”, “our”, “us, or “Montana Mex”) web site. These policies, terms, and conditions (“Terms of Use”) govern your use of this web site and its content, as well as the use of any other web sites owned or controlled by Montana Mex (any such sites collectively referred to as the “Sites” or individually as applicable, the “Site”). Please return to this page periodically to review the most current version of these Terms of Use. We reserve the right at any time, in our sole discretion, to change or otherwise modify any provision of these Terms of Use without prior notice, and your continued access or use of this Site signifies your acceptance of any updated or modified Terms of Use.

BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, OUR PRIVACY POLICY1, AND ANY OTHER POLICIES OR USER AGREEMENTS POSTED ON THE SITES FROM TIME TO TIME, WHETHER OR NOT YOU HAVE READ THEM. YOU ALSO AGREE TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US
ELECTRONICALLY. IF YOU DO NOT AGREE, YOU ARE NOT AUTHORIZED TO USE THIS OR ANY OTHER SITES.

Limited License

As a user of the Sites, you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Sites and the content, information, products, and/or services provided on or through the Sites (collectively, “Site Content”) in accordance with these Terms of Use. Montana Mex reserves the right, at any time, without notice, in its sole discretion and for any or no reason, to terminate your license to use the Sites, or any portion thereof, and to block or prevent your access thereto, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, in breach of these Terms of Use, or harmful to the interests of Montana Mex or any third party.

Montana Mex may access, preserve, and disclose your account information and any content you provide if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any content provided by you violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Montana Mex or any third party.

Registration

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 info@montanamex.com.

Age of Users

Children under the age of 13 may not use the Sites, and parents or legal guardians may not agree to these Terms of Use on their behalf. If we become aware that a child under the age of 13 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files.

If you are under the age of 18 but at least 13 years of age, you may use the Sites only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use, be advised that you are fully responsible for the child’s use of the Sites, including all financial charges and legal liability incurred.

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.

Product Purchases

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.

All material and information presented by Montana Mex and all products available on the Sites, including any samples Montana Mex may provide to you, are intended to be used for personal entertainment, educational, or informational purposes only. You may not sell or resell any products you purchase or otherwise receive from Montana Mex. Montana Mex reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by Montana Mex in its sole discretion.

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.

Delivery Policy

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.

Refund Policy

We understand how frustrating it can be to receive a damaged or defective item.

At Montana Mex, we have a policy in place for damaged or defective items. To resolve any issues, please make sure to contact us within 30 days of the delivery date. We offer multiple solutions to make things right for you. To provide a resolution, we may ask for a photo and/or supporting documentation. If we do not receive the requested documentation, we reserve the right to deny a refund or store credit. Please note that we are unable to replace, refund, or provide store credit for any damaged items or orders not received if they are reported more than 30 days after the delivery date.

To get in touch with our customer service representative, simply reach out to us at hello@montanamex.com. We are here to assist you.

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.

Except as expressly provided in these Terms of Use, nothing set forth herein shall be construed as conferring on you or any third party any license or right, by implication, estoppel, or otherwise, under any law (whether common law or statutory law), rule, or regulation including, without limitation, those related to copyright or other intellectual property rights. You agree that the Site Content and the Sites are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and 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.

By submitting Postings to the Sites, you certify and warrant that any Postings: (a) are your original works or that the owner of such works has expressly granted Montana Mex a license for said works with all of the rights granted by you in these Terms of Use; and (b) do not violate and will not violate the rights of any third party, including any right of publicity, right of privacy, copyright, patent, or other intellectual property or proprietary right. You acknowledge and agree that submitting Postings does not create any new or alter any existing relationship between you and Montana Mex, and that the information and opinions in any Postings is neither endorsed by nor does it necessarily reflect the beliefs or opinions of Montana Mex.

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 understand that by using any interactive services, you may be exposed to content that may be offensive, indecent, or objectionable, and Montana Mex shall not be liable for any such content and that the risk of harm or damage from the foregoing rests entirely with you. You may access the Postings and any other Site Content only as permitted under these Terms of Use and the Privacy Policy, and you agree not to engage in the use, copying, or distribution of any Site Content other than as expressly provided herein.

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

Site Content is for your personal use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Sites or any Site Content. Nor may you use any network monitoring or discovery software to determine the Site architecture, or extract information about usage, individual identities, or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy the Sites or any Site Content. You may not use the Sites to transmit any false, misleading, fraudulent, or illegal communications. Any rights not expressly granted in these Terms of Use are reserved to Montana Mex. You may not distribute on or through the Sites, including in any Postings, any material or content containing any advertising, promotion, solicitation for goods, services, or funds, or solicitation for others to become members of any enterprise or organization. The Sites may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Sites is accurate and complies with applicable laws. Montana Mex will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials, or for the acts or omissions of advertisers and sponsors.

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.

Unlawful Activity

Montana Mex reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities. Montana Mex reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including, but not limited to, the right to block access from a particular internet address to the Sites.

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

You may provide links to the Sites, provided that (a) you do not remove or obscure, by framing or otherwise, any portion of the Sites, including any advertisements, these Terms of Use, any intellectual property notice, and other notices, policies, or user agreements on the Sites; (b) you immediately deactivate and discontinue providing links to the Sites if requested by Montana Mex; and (c) Montana Mex may deactivate any link(s) at any time, and for any or no reason, in its sole discretion.

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.

Indemnification

You agree to defend, indemnify and hold harmless Montana Mex (and its officers, directors, agents, subsidiaries, affiliates, employees, and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use or misuse of and access to the Sites; (b) your violation of any provision of these Terms of Use; (c) a breach of your representations set forth above regarding any Postings; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property, or privacy right); or (e) any claim that any content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your use of the Sites.

Governing Law; Jurisdiction

You agree that these Terms of Use are governed by and shall be construed in accordance with the laws of the State of Montana, and any action arising out of or relating to these Terms of Use or your use of any of the Sites shall be decided exclusively by a court of competent jurisdiction located in Montana; and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

Severability; Waiver

These Terms of Use and any supplemental terms, policies, rules, or guidelines posted on the Sites constitute the entire agreement between you and Montana Mex, and supersede all previous written or oral agreements. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such or any other provision, and Montana Mex’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Effective September 2016