Terms & Conditions

Terms and conditions

These terms and conditions ("Agreement") set forth the general terms and conditions of your use of the harvest-inn.com website 
("Website" or "Service") and any of its related products and services (collectively, "Services"). This Agreement is legally 
binding between you ("User", "you" or "your") and Harvest Inn Gift Shop ("Harvest Inn Gift Shop", "we", "us" or "our"). 
By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms 
of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you 
have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. 
If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and 
may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and Harvest Inn Gift
Shop, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee 
or charge is due and payable. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted
 and protected with digital signatures, and the Website and Services are also in compliance with PCI vulnerability standards in order 
to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security
 and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy
 of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used
 for the purchase. We reserve the right to change products and product pricing at any time. We also 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.

Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to 
product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or 
omissions, and to change or update information or cancel orders if any information on the Website or Services 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 on the Website including, without limitation, pricing information, except as required by law. No specified update or 
refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or
updated.

Third party services

If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed
 solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no 
representations as to any aspect of such other services, including, without limitation, their content or the manner in which they 
handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any 
claim against Harvest Inn Gift Shop with respect to such other services. Harvest Inn Gift Shop is not liable for any damage or loss 
caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on
 the privacy practices, data security processes or other policies of such other services. You may be required to register for or log 
into such other services on their respective platforms. By enabling any other services, you are expressly permitting Harvest Inn Gift 
Shop to disclose your data as necessary to facilitate the use or enablement of such other service.

Links to other resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or 
indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically
 stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or 
individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, 
and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource 
which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or 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 Website and Services, third party products and services, or the Internet; 
(h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or 
circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right
 to terminate your use of the Website and Services for violating any of the prohibited uses.

Intellectual property rights

"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to 
any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to 
inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including 
all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent 
rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any 
part of the world. This Agreement does not transfer to you any intellectual property owned by Harvest Inn Gift Shop or third parties, 
and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Harvest Inn Gift Shop. 
All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered 
trademarks of Harvest Inn Gift Shop or its licensors. Other trademarks, service marks, graphics and logos used in connection with the 
Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license 
to reproduce or otherwise use any of Harvest Inn Gift Shop or third party trademarks.

Disclaimer of warranty

You agree that such Service is provided on an "as is" and "as available" basis and that your use of the Website and Services is solely
 at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the 
implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services 
will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as 
to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained 
through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded
 or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for 
any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or
 services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No 
advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly
 made herein.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Harvest Inn Gift Shop, its affiliates, directors, officers, 
employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or 
consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on 
business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of 
liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the 
liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent 
permitted by applicable law, the aggregate liability of Harvest Inn Gift Shop and its affiliates, officers, employees, agents, 
suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in 
cash by you to Harvest Inn Gift Shop for the prior one month period prior to the first event or occurrence giving rise to such 
liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its 
essential purpose.

Indemnification

You agree to indemnify and hold Harvest Inn Gift Shop and its affiliates, directors, officers, employees, agents, suppliers and 
licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in 
connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a 
result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the 
substantive and procedural laws of New York, United States without regard to its rules on conflicts or choice of law and, to the 
extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof 
shall be the courts located in New York, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby 
waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on 
Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and amendments

We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of 
an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued 
use of the Website and Services after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and 
Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized 
to access or use the Website and Services.

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, 
you may send an email to [email protected]

This document was last updated on February 18, 2021