This website is operated by New Hampshire Baskets. Throughout the site, the terms
“we”, “us” and “our” refer to New Hampshire Baskets. New Hampshire Baskets offers
this website, 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.
By visiting our site and/ or purchasing
something from us, you engage in our “Service” and agree to be bound by the
following terms and conditions (“Terms of Service”, “Terms”), including those
additional terms and conditions and policies referenced herein and/or
available by hyperlink. These Terms of Service apply to all users of the site,
including without limitation users who are browsers, vendors, customers,
merchants, and/ or contributors of content.
Please read these Terms of Service
carefully before accessing or using our website. By accessing or using any
part of the site, you agree to be bound by these Terms of Service. If you do
not agree to all the terms and conditions of this agreement, then you may not
access the website or use any Services. If these Terms of Service are
considered an offer, acceptance is expressly limited to these Terms of
Service.
Any new
features or tools which are added to the current store shall also be subject
to the Terms of Service. You can review the most current version of the Terms
of Service at any time on this page. We reserve the right to update, change or
replace any part of these Terms of Service by posting updates and/or changes
to our website. It is your responsibility to check this page periodically for
changes. Your continued use of or access to the website following the posting
of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
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 this site.
You may not use our
products for any illegal or unauthorized purpose nor may you, in the use of
the Service, 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 will result in an immediate
termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone
for any reason at any time.
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.
You agree not to reproduce, duplicate,
copy, sell, resell or exploit any portion of the Service, use of the Service,
or access to the Service or any contact on the website through which the
Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and
will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made
available on this site is not accurate, complete or current. The material on
this site is provided for general information only and should not be relied
upon or used as the sole basis for making decisions without consulting
primary, more accurate, more complete or more timely sources of information.
Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical
information, necessarily, is not current and is provided for your reference
only. We reserve the right to modify the contents of this site at any time,
but we have no obligation to update any information on our site. You agree
that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change
without notice.
We reserve the right at any time to
modify or discontinue the Service (or any part or content thereof) without
notice at any time.
We shall not be liable to you
or to any third-party for any modification, price change, suspension or
discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or Services may be available
exclusively online through the website. These products or Services may have
limited quantities and are subject to return or exchange only according to our
Refund Policy: see FAQs in the footer of our website for details.
We have made every effort to display as accurately as possible the colors
and images of our products that appear at the store. We cannot guarantee that
your computer monitor's 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 the sole discretion of us. 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 Service
will be corrected.
SECTION 6 - 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.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party
tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and
“as available” without any warranties, representations or conditions of any
kind and without any endorsement. We shall have no liability whatsoever
arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at
your own risk and discretion and you should ensure that you are familiar with
and approve of the terms on which tools are provided by the relevant
third-party provider(s).
We may also, in the
future, offer new Services and/or features through the website (including the
release of new tools and resources). Such new features and/or Services shall
also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available
via our Service may include materials from third parties. 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 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, 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. Complaints, claims, concerns, or questions regarding third-party
products should be directed to the third-party.
SECTION 9 - 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 to be 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 copyright, trademark, privacy, personality 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 Service 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 10 - PERSONAL INFORMATION
Your submission of personal information through
the store is governed by our Privacy Policy, which can be viewed here if you
click the link in the footer of our website.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site
or in the Service 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 Service or on
any related website is inaccurate at any time without prior notice (including
after you have submitted your order).
We undertake
no obligation to update, amend or clarify information in the Service or on any
related website, including without limitation, pricing information, except as
required by law. No specified update or refresh date applied in the Service or
on any related website, should be taken to indicate that all information in
the Service or on any related website has been modified or updated.
SECTION 12 - 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 Service 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 Service or any related website, other websites, or
the Internet. We reserve the right to terminate your use of the Service or any
related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that
your use of our Service will be uninterrupted, timely, secure or
error-free.
We do not warrant that the results that
may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite
periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at
your sole risk. The Service and all products and Services delivered to you
through the Service 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 New Hampshire Baskets, our directors, officers, employees,
affiliates, agents, contractors, interns, suppliers, Service providers or
licensors 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 Service or any products procured using the Service, or for
any other claim related in any way to your use of the Service 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 Service or
any content (or product) posted, transmitted, or otherwise made available via
the Service, 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.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless
New Hampshire Baskets and our parent, subsidiaries, affiliates, partners,
officers, directors, agents, contractors, licensors, Service providers,
subcontractors, suppliers, interns and employees, harmless from any claim or
demand, including reasonable attorneys’ 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.
SECTION 15 - 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 16 - TERMINATION
The obligations and liabilities of the parties
incurred prior to the termination date shall survive the termination of this
agreement for all purposes.
These Terms of Service
are effective unless and until terminated by either you or us. You may
terminate these Terms of Service at any time by notifying us that you no
longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to
comply with any term or provision of these Terms of Service, we also may
terminate this agreement at any time without notice and you will remain liable
for all amounts due up to and including the date of termination; and/or
accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - 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
Service constitutes the entire agreement and understanding between you and us
and governs your use of the Service, 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 18 - 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 of the USA.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the
Terms of Service at any time at this page.
We
reserve the right, at our sole discretion, to update, change or replace any
part of these Terms of Service by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes. Your
continued use of or access to our website or the Service following the posting
of any changes to these Terms of Service constitutes acceptance of those
changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be
sent to us by email. A link to our contact information is provided in the
footer of our website.