PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND
CONDITIONS (“T&C”) MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THE SITE. BY USING THE
SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE T&C. IF YOU DO NOT ACCEPT THESE T&C,
THEN DO NOT USE THE SITE.
Mosscreekalpacacollection.com (“Site”) is owned by Moss Creek Alpaca Collection and is currently provided free of
charge to users who agree to abide by these T&C. Moss Creek Alpaca Collection reserves the right to change the nature
of this relationship at any time, and to revise these T&C from time to time as Moss Creek Alpaca Collection sees fit.
Users who violate these T&C will have their access canceled and they may permanently be banned from using the Site.
Users should check these T&C periodically. By using the Site after we post changes to these T&C, you agree to accept
those changes, whether or not you actually reviewed them.
USERS/PARTICIPANTS
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.
No person under the age of 13 should use the Site without the consent of their parent or legal guardian. We strongly
encourage all parents and guardians to monitor the Internet use by their children. Use of the Site by any user shall be
deemed to be a representation that the user is 13 years of age or older.
COOKIES
“Cookies” are small encrypted data files (containing references to user ID information supplied by the user and stored on
our secure server) that may write to your hard drive once you have accessed a website. Moss Creek Alpaca Collection
uses cookies to enhance your shopping experience with us. Cookies are used to keep track of your shopping cart and to
save your password so you do not have to reenter it each time you visit the Site. To learn more about how we protect
customer information, please review our Privacy Statement.
COPYRIGHTS, TRADEMARKS & RESTRICTIONS
The material included herein, including site design, text, graphics, and the selection and arrangement thereof are
copyrighted © by Moss Creek Alpaca Collection. ALL RIGHTS RESERVED. Moss Creek Alpaca Collection.com, Moss
Creek Alpaca Collection, all page headers, custom graphics, and custom icons are the property of Moss Creek Alpaca
Collection. All other trademarks, product names, and company names or logos cited herein are the property of their
respective owners.
The Site and all materials on the Site, including, but not limited to, images, illustrations, posts, audio clips and video clips
(the “Materials”) are the property of Moss Creek Alpaca Collection and its affiliates and licensors and are protected from
unauthorized copying and dissemination by copyrights that are owned or licensed by Moss Creek Alpaca Collection and
by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce,
perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any
Materials from the Site (or any other website owned or operated by Moss Creek Alpaca Collection or its subsidiaries or
affiliates) without Moss Creek Alpaca Collection’s prior written permission. However, you may print in hard copy
portions of the Site with the sole intent of placing an order with Moss Creek Alpaca Collection. Printing Materials for
any other reason, or transferring Materials for use on any other website, or the modification, distribution, or republication
of Materials without Moss Creek Alpaca Collection’s prior written permission is strictly prohibited. Any modification of
Materials, or any portion thereof, or use of Materials for any other purpose constitutes an infringement of proprietary
rights of Moss Creek Alpaca Collection or third parties.
LINKS
Moss Creek Alpaca Collection is not responsible for the content of any unaffiliated websites that may be linked to or
from the Site. These links are provided for your convenience only and you access them at your own risk. Any other
website accessed from the Site is independent from Moss Creek Alpaca Collection, and Moss Creek Alpaca Collection
has no control over the content of that other website. In addition, a link to any other website does not imply that Moss
Creek Alpaca Collection endorses or accepts any responsibility for the content or use of such other website. In no event
shall any reference to any third party or third party product or service be construed as an approval or endorsement by
Moss Creek Alpaca Collection of that third party or of any product or service provided by a third party.
PRIVACY ISSUES
Moss Creek Alpaca Collection is concerned about privacy matters for its customers. To learn more about how we protect
customer information, please review our Privacy Statement.
PRODUCT AND SERVICES INFORMATION
We attempt to display all products shown on the Site in an accurate manner, however, because of the technical differences
in the equipment of our customers, we cannot be responsible for photographic differences in size, shape and color of the
products.
The receipt of an email order confirmation is simply recognition that we have received your requested order, and does not
constitute an offer to sell. We reserve the right to limit the quantity of any item sold.
NOTICE AND TAKE DOWN PROCEDURES
If you believe any Materials on the Site infringe your copyright or trademark rights, you may request such Materials be
removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those
procedures, contact Moss Creek Alpaca Collection’s copyright agent (identified below) and provide the following
information: A clear statement identifying the works, or other materials believed to be infringed.
- A statement from the copyright holder or authorized representative that the Materials are believed to be infringing.
- Sufficient information about the location of the allegedly infringing Materials so that Moss Creek Alpaca
Collection can find and verify its existence.
- Your name, telephone number and e–mail address.
- A statement from you under penalty of perjury that the information supplied is accurate, and that you are
authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Moss Creek Alpaca Collection’s agent for notice of copyright issues on the Site can be reached as follows:
Moss Creek Alpaca Collection
301 Westview Dr.
Blue Ridge, GA 30513
Attn: Charles Espersen
(ref: Copyright Infringement)
CONDUCT OF USERS
You agree that you will not: (i) transmit via or through the Site any information, data, text, files, links, software, chat,
communication or other materials that is or which Moss Creek Alpaca Collection considers to be unlawful, harmful,
threatening, abusive, harassing, defamatory, vulgar, obscene, racially or ethnically hateful or otherwise objectionable; (ii)
attempt to transmit any “virus”, “trojan horse” or other software destruction or disruption device; (iii) intentionally or
unintentionally violate any applicable local, state, national or international law, including but not limited to, any
regulations having the force of law while using or accessing the Site or in connection with your use of the Site, in any
manner; and (iv) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of
any person or entity.
INDEMNITY
By using the Site, you agree to indemnify the Moss Creek Alpaca Collection Parties for any and all claims, damages,
losses, liabilities and causes of action (including expenses and attorneys’ fees) incurred by them arising out of or relating to
your breach or alleged breach of these T&C (including without limitation, claims made by third parties for infringement of
intellectual property rights). You agree to cooperate as fully as reasonably required in the defense of any claim. Moss
Creek Alpaca Collection reserves the right to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you.
DISCLAIMER, LIMITATION OF LIABILITY
THE SITE IS PROVIDED BY MOSS CREEK ALPACA COLLECTION ON AN “AS IS” AND “AS AVAILABLE”
BASIS. MOSS CREEK ALPACA COLLECTION MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, AS TO (1) THE OPERATION OF THE SITE, (2) THE QUALITY,
ACCURACY, COMPLETENESS OR VALIDITY OF ANY MATERIALS ON THE SITE, OR THE
INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE, OR (3) WHETHER
THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT
DEFECTS WILL BE CORRECTED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED
WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. MOSS CREEK
ALPACA COLLECTION IS NOT RESPONSIBLE FOR PRINTING OR TYPOGRAPHICAL ERRORS. YOU
EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
THIS SITE MAY ALSO CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, AND
RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. NONE OF THE MOSS
CREEK ALPACA COLLECTION PARTIES REPRESENTS OR ENDORSES THE ACCURACY, TIMELINESS,
OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED,
UPLOADED, OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON
ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION WILL BE AT YOUR SOLE RISK.
NONE OF THE MOSS CREEK ALPACA COLLECTION PARTIES IS RESPONSIBLE OR LIABLE FOR ANY
SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT
FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE INFORMATION CONTAINED ON
THE SITE, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
NO EVENT SHALL THE TOTAL LIABILITY OF THE MOSS CREEK ALPACA COLLECTION PARTIES TO
YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE
SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR
OTHERWISE, EXCEED ONE DOLLAR (US$1.00).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL
OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MIGHT HAVE ADDITIONAL RIGHTS.
TERMINATION
Moss Creek Alpaca Collection may, in its sole discretion, terminate or suspend your access to all or part of the Site, for
any reason, including without limitation, breach of these T&C. In the event these T&C are terminated, the restrictions
regarding Materials appearing on the Site, and the representations and warranties, indemnities, and limitations of liabilities
set forth in these T&C will survive termination. In the event that you are unsatisfied with the services provided by Moss
Creek Alpaca Collection, your sole remedy is to terminate your use of the Site.
JURISDICTION
Moss Creek Alpaca Collection operates the Site from its offices within the United States. Moss Creek Alpaca Collection
makes no representations that content and materials on the Site are legal or appropriate for use from outside the United
States. If you choose to access the Site from other locations, you do so at your own risk and are responsible for
compliance with any and all local laws. You may not use the Site in violation of U.S. export laws and regulations. These
T&C will be governed by and construed in accordance with the laws of Georgia, as it is applied to agreements entered into
and performed therein, and excluding (i) the United Nations Convention on Contracts for the International Sale of Goods;
(ii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iii) the Protocol amending the
1974 Convention, done at Vienna April 11, 1980. Any action brought to enforce these T&C or matters related to the Site
will be brought in either the State or Federal Courts of Georgia; provided, however, that notwithstanding anything
contained in these T&C to the contrary, Moss Creek Alpaca Collection shall have the right to institute judicial
proceedings against you or anyone acting by, through or under you, in order to enforce Moss Creek Alpaca Collection’s
rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. Any claim or
cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises. If
any provision of these T&C is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be
severed from these T&C and the remaining provisions of these T&C will remain in force. These T&C constitute the entire
agreement between you and Moss Creek Alpaca Collection concerning your use of the Site.
COMMENTS, COMPLAINTS AND QUESTIONS
We welcome your feedback about the Site. However, any comments, ideas, notes, messages, suggestions or other
communications sent to the Site shall be and remain the exclusive property of Moss Creek Alpaca Collection, and we may
use all such communications in any manner, including reproducing, disclosing and publishing such communications, all
without compensation to you. Should you have any questions or complaints regarding violations of these T&C, please
contact us.
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