Terms and Conditions
CONDITIONS OF USE
Welcome to our online store! Desert Heartwood and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
When you visit Desert Heartwood or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
LICENSE AND SITE ACCESS
Desert Heartwood grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Desert Heartwood. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Desert Heartwood. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Desert Heartwood and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Desert Heartwoods name or trademarks without the express written consent of Desert Heartwood. Any unauthorized use terminates the permission or license granted by Desert Heartwood. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of Desert Heartwood so long as the link does not portray Desert Heartwood, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Desert Heartwood logo or other proprietary graphic or trademark as part of the link without express written permission. You may not use any content of any form on this website for any purpose without our permission.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Desert Heartwood reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Desert Heartwood and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Desert Heartwood and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Desert Heartwood or its associates for all claims resulting from content you supply. Desert Heartwood has the right but not the obligation to monitor and edit or remove any activity or content. Desert Heartwood takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Desert Heartwood are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Once we have shipped an item, we are not responsible for any damage or loss.
Desert Heartwood and its associates attempt to be as accurate as possible. However, Desert Heartwood does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Desert Heartwood itself is not as described, your sole remedy is to return it in unused condition and whether you receive a refund will be at the discretion of Desert Heartwood.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY DESERT HEARTWOOD ON AN "AS IS" AND "AS AVAILABLE" BASIS. Desert Heartwood MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Desert Heartwood DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DESERT HEARTWOOD DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM DESERT HEARTWOOD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DESERT HEARTWOOD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. 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.
By visiting Desert Heartwood, you agree that the laws of the state of Arizona, USA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Desert Heartwood or its associates.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Return policy, posted on this site. These policies also govern your visit to Desert Heartwood. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.