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Terms and Conditions

TERMS AND CONDITIONS


Please read these terms and conditions of use carefully before using the site.

Mountain Echo Productions, LLC maintains this site for your personal entertainment, information, education, and communication. Please feel free to browse the site; provided, however, that by accessing and browsing this site, you acknowledge and agree, without qualification or limitation, to be bound by these terms and conditions of use (the "Terms"). If you do not agree to the Terms, please do not use flatlandersgiftshop.com. We reserve the right, at our discretion, to change, alter, modify, add, or remove any of the Terms at any time. Please check the Terms periodically for changes. Your continued use of flatlandersgiftshop.com following a modification to the terms will signify your acceptance of such modifications. 1. You can download materials from flatlandersgiftshop.com for your noncommercial, personal use, provided that you retain all copyright and other proprietary notices on such materials. No material from flatlandersgiftshop.com, or any other site owned, operated, licensed, or controlled by Mountain Echo Productions, LLC may be copied, reproduced, republished, posted, transmitted, or distributed in any way, for public or commercial purposes. Use of the materials for any other purpose is a violation of Mountain Echo Productions, LLC' copyright and other proprietary rights. 2. You should assume that all information or materials you see or read on flatlandersgiftshop.com are copyrighted unless otherwise noted and, therefore, may not be used except as provided for in these Terms or in the text of the site without the written permission of Mountain Echo Productions, LLC. Mountain Echo Productions, LLC neither represents nor warrants that your use of materials displayed on the site will not infringe upon the rights of third parties not owned by or affiliated with Mountain Echo Productions, LLC. 3. Images of people, places and things displayed on flatlandersgiftshop.com are either the property of, or used with permissions by, Mountain Echo Productions, LLC. You are prohibited from using these images unless such use is specifically permitted by these Terms or the specific language of the site. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. 4. While Mountain Echo Productions, LLC uses reasonable efforts to include accurate and timely information on flatlandersgiftshop.com, Mountain Echo Productions, LLC makes no representations or warranties as to the accuracy of such information. Mountain Echo Productions, LLC assumes no liability or responsibility for any errors or omissions in the content of the site. 5. Mountain Echo Productions, LLC is pleased to hear from its guests and customers and welcomes your comments regarding various Mountain Echo Productions, LLC products and services, including flatlandersgiftshop.com. We value your feedback and request that you be specific in your comments on our products and services to insure that we will be better able to serve you in the future. Nevertheless, if you transmit any communications, materials, ideas, suggestions, or submissions, including, but not limited to, creative suggestions, ideas, notes, drawings, concepts, business proposals, or other information (collectively, the "Communications"), the Communications shall be deemed non-confidential and nonproprietary (even if you mark them "confidential" or "proprietary"). Any such Communications shall become the property of Mountain Echo Productions, LLC and may be used for any purpose, including, but not limited to, reproduction, disclosure, publication, broadcast and posting. Furthermore, Mountain Echo Productions, LLC is free to use any ideas, concepts, know-how, or techniques contained in any Communications you send to the site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing commercial products using or based upon such information, without compensation to the provider of the Communications. 6. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on flatlandersgiftshop.com are registered and unregistered Trademarks of Mountain Echo Productions, LLC and others. Nothing contained on the site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site without the written permission of Mountain Echo Productions, LLC or such third party that may own the Trademarks displayed on the site. Your use of the Trademarks displayed on the site, or any other content on the site, except as provided in these Terms, is strictly prohibited. You are also advised that Mountain Echo Productions, LLC will aggressively enforce its intellectual property rights to the fullest extent of the law. 7. THE MATERIALS ON OR FROM flatlandersgiftshop.com ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Mountain Echo Productions, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding exclusions of implied warranties. Mountain Echo Productions, LLC does not represent nor warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. By use of flatlandersgiftshop.com, you assume the entire cost of all necessary servicing, repair, or correction. Mountain Echo Productions, LLC assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in flatlandersgiftshop.com or your downloading of any information, materials, data, text, images, video, or audio from the site. 8. Under no circumstances, including, but not limited to, negligence, shall Mountain Echo Productions, LLC be liable for any special or consequential damages that result from the use of, or the inability to use, the information or materials on or from this site. In no event shall Mountain Echo Productions, LLC' total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you for accessing flatlandersgiftshop.com. 9. You hereby agree to indemnify, defend and hold Mountain Echo Productions, LLC and its affiliated companies, and all officers, directors, owners, agents, affiliates, licensers and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach of these Terms by you. You shall use your best efforts to cooperate with Mountain Echo Productions, LLC in the defense of any claim; provided, however, that Mountain Echo Productions, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. 10.Unless otherwise specified herein, the information and materials on flatlandersgiftshop.com are presented solely for the purpose of promoting products or services of Mountain Echo Productions, LLC, which are available in the United States, its territories, possessions, and protectorates. This site is maintained and operated by Mountain Echo Productions, LLC from its office in Weirsdale, Florida of the United States of America. Mountain Echo Productions, LLC makes no representation that the products or services promoted on flatlandersgiftshop.com are available in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. No software from this site may be downloaded or otherwise exported or reexported into (or to a national or resident of) any countries that are subject to U.S. export restrictions. By downloading or using software from this site, you represent and warrant that you are not located in, under the control of, or a national or resident of any country that is subject to U.S. export restrictions. 11.These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all Mountain Echo Productions, LLC site(s) and all related documentation and all copies thereof. These terms may be terminated by Mountain Echo Productions, LLC, in Mountain Echo Productions, LLC' sole discretion, at any time and with no notice thereof. Upon notification of such termination, you must destroy all materials obtained from this site or any other Mountain Echo Productions, LLC site(s) and all copies thereof. 12.These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in Nashville, Tennessee. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties. If you would like to contact Mountain Echo Productions, LLC, please contact us at 16439 SE 138th Terrace
Weirsdale, FL 32195.

CREDIT CARDS


We currently accept the following credit cards: Visa, MasterCard, American Express, and Discover. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order. Your credit card will be billed upon shipment of your order.

LINKS


This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we're not responsible for the operation of or content located on or through any such site.

MULTIPLE PRODUCT ORDERS


For a multiple product order, we will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.

ORDER ACCEPTANCE POLICY


Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Store reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.

OTHER CONDITIONS


These Conditions will supersede any terms and/or conditions you include with any purchase order, regardless of whether Store. signs them or not. We reserve the right to make changes to this site and these Conditions at any time.

OUT-OF-STOCK PRODUCTS


We will ship your product as it becomes available. Usually, products ship the same day if ordered by 11:00AM, or by the next business day if your order is received after this time and for orders received on Saturday, Sunday or any major holiday. However, there may be times when the product you have ordered is out-of-stock which will delay fulfilling your order. We will keep you informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. You may cancel your order at any time prior to shipping.

PRIVACY


We keep your personal information private and secure. When you make a purchase from our site, you provide your name, email address, credit card information, address, phone number, and a password. We use this information to process your orders, to keep you updated on your orders and to personalize your shopping experience. Our secure servers protect your information using advanced encryption techniques and firewall technology. To keep you informed about our latest offers, we may notify you of current promotions, specials and new additions to the Store site. You may unsubscribe from our newsletters by following the unsubscribe instructions in any email you receive from us. When entering any of our contests or prize drawings, you provide your name, email address and mailing address. If you win, we will send the prize to the address entered and notify you by email. When you enter a contest or drawing you are also included in our newsletter list to receive notice of promotions, specials and new additions to the Store site. You may unsubscribe from this news list by following the unsubscribe instructions in any email received. We use "cookies" to keep track of your current shopping session to personalize your experience and so that you may retrieve your shopping cart at any time.

PRIVACY ON OTHER WEB SITES


Other sites accessible through our site have their own privacy policies and data collection practices. Please consult each site's privacy policy. Our Store is not responsible for the actions of third parties.

RETURNS


We will gladly accept the return of products that are defective due to defects in manufacturing and/or workmanship for 30 days from the date of purchase. Fulfillment mistakes that we make resulting in the shipment of incorrect product to you will also be accepted for return 30 days from the date of purchase.

SHIPPING POLICY


Shipping Time -- Please allow 2-4 business days to prepare your order for shipment. Orders are not processed or shipped on Saturday or Sunday, except by prior arrangement. We cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by the Store or other parties only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability.

TAXES


Our Store shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the same state. For orders shipped to other states, you are solely responsible for all sales taxes or other taxes.

TYPOGRAPHICAL ERRORS


In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Our Store shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Our Store shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Our Store shall immediately issue a credit to your credit card account in the amount of the incorrect price.