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Terms and Conditions

Mountain Shiba Terms and Conditions Agreement between user and www.mountainshiba.com

Welcome to www.Mountainshiba.com. The website (the "Site") for www.Mountainshiba.com is comprised of various web pages operated by Mountain Shiba, LLC ("Mountain Shiba"). www.mountainshiba.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.mountainshiba.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.Mountainshiba.com is an E-commerce Retail Site

We specialize in the sale of adventure gear and travel products for dogs. We also sell adventure and travel products for humans as well as everyday essentials for outdoor enthusiasts.

Copyright

All content included on this Site, including, but not limited to text, graphics, logos, images, designs, photographs, blog content written exclusively for Mountain Shiba, as well as the compilation thereof, and any software used on the Site, is the property of Mountain Shiba or its suppliers, vendors and/or affiliates and is protected by copyright laws under the State of Florida and United States of America and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, reproduce, distribute, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Mountain Shiba content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and for the sole purpose of placing an order with Mountain Shiba, LLC and purchasing products from Mountain Shiba, LLC through this Site.  It is expressly prohibited that you will make no other use of the content without the express written permission of Mountain Shiba and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Mountain Shiba or our licensors except as expressly authorized by these Terms.

Trademarks

All trademarks, service marks and trade names of Mountain Shiba, LLC and/or Mountain Shiba used in the Site are trademarks or registered trademarks of Mountain Shiba, LLC. All trademarks, service marks and trade names of Red Sesame Collection and/or Red Sesame Marketplace used in the Site are trademarks or registered trademarks of Mountain Shiba, LLC. All trademarks, service marks and trade names of "Adventure & Travel Gear FOR EVERY DOG - Bring your Dog on Your Next Adventure" used in the Site are trademarks or registered trademarks of Mountain Shiba, LLC. All trademarks, service marks and trade names of Paws on Safari used in the Site are trademarks or registered trademarks of Mountain Shiba, LLC.

Electronic Communications

Visiting www.mountainshiba.com or sending emails to Mountain Shiba constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Mountain Shiba is not responsible for third party access to your account that results from theft or misappropriation of your account. Mountain Shiba and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Mountain Shiba does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.mountainshiba.com only with permission of a parent or guardian.

Refund/Exchange Policy

Mountain Shiba is committed to ensure that you are 100% satisfied with your purchase. We take great pride in the products we sell and our goal is to provide you, our customer, with excellent service. For Exchanges and Returns, the customer should adhere to the following guidelines: (a) Product(s) must be returned within 30 days from the date of purchase; (b) returned items must be in the same condition in which they were received, must be unused (not damaged in any way) and include all original packaging and tags; (c) a copy of the completed Returns and Exchanges form must be included with the returned item(s); (d) such form may be download here: Returns & Exchanges; (e) Returned items must be mailed to us at the following address: Mountain Shiba, Attention: Exchanges/Returns, 12973 SW 112 Street, Unit 227, Miami, Florida 33186; (f) we suggest using a shipping method with tracking such as USPS, as we cannot be responsible for lost packages. EXCHANGES: (a) exchanges must be returned within 30 days from the date of purchase; (b) once we receive the returned package, we will process the new order within 3 business days and provide the customer with confirmation via email; (c) the new items will be shipped once we receive the returned items. The customer will be responsible for the return shipping cost, but Mountain Shiba will pay the shipping cost of the exchanged product(s); (d) should an exchange item be out of stock, we will notify the customer immediately via email. RETURNS: (a) returned items must be returned within 30 days from the date of purchase; (b) all refunds will be issued to the credit card used on the original purchase order or to the customer's Paypal account if such purchase was made through Paypal; (c) once we receive a return, we will process the refund (including the original shipping cost) within 3 business days. IMPORTANT INFORMATION: Any product that has a manufacturer defect may be returned within 60 days for a full refund or exchange. A copy of our Returns and Exchanges form may be downloaded here. Such form will need to be included with the returned package.

Links to third party sites/Third party services

www.mountainshiba.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Mountain Shiba and Mountain Shiba is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Mountain Shiba is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mountain Shiba of the site or any association with its operators.

Certain services made available via www.mountainshiba.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.mountainshiba.com domain, you hereby acknowledge and consent that Mountain Shiba may share such information and data with any third party with whom Mountain Shiba has a contractual relationship to provide the requested product, service or functionality on behalf of www.mountainshiba.com users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.mountainshiba.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Mountain Shiba that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

International Users

The Service is controlled, operated and administered by Mountain Shiba from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Mountain Shiba Content accessed through www.mountainshiba.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Mountain Shiba, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Mountain Shiba reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Mountain Shiba in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MOUNTAIN SHIBA, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME

MOUNTAIN SHIBA, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MOUNTAIN SHIBA, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOUNTAIN SHIBA, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MOUNTAIN SHIBA, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction/Governing Law

Mountain Shiba reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida. You hereby consent that federal and state courts located in Florida shall have jurisdiction over any matter and/or dispute arising in connection with this Agreement or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. The parties agree that venue for any matter arising out of this Agreement shall lay in Miami-Dade County, Florida.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mountain Shiba as a result of this agreement or use of the Site. Mountain Shiba's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Mountain Shiba's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Mountain Shiba with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Mountain Shiba with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Mountain Shiba with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Terms of Payment

Payment is due upon placement of your order. We accept Visa, MasterCard, or American Express credit cards as payment, as well as PayPal.  Only Florida residents shall be charged sales tax on their orders at the current sales tax rate. Florida’s general sales tax rate is 6% and can be as high as 7.5% depending on local municipalities. For additional sales tax information please visit www.MyFlorida.com.  For those customers residing outside of Florida, no sales tax is charged.

Changes to Terms

Mountain Shiba reserves the right, in its sole discretion, to change the Terms under which www.mountainshiba.com is offered. The most current version of the Terms will supersede all previous versions. Mountain Shiba encourages you to periodically review the Terms to stay informed of our updates.

Notices

For purposes of this Agreement, all notices shall be in writing and shall be sent via certified mail or overnight delivery service (i.e. Federal Express/UPS). Notices to Mountain Shiba shall be addressed as follows: Mountain Shiba, LLC, 12973 SW 112 Street, Unit 227, Miami, Florida 33186.

Contact Us

Mountain Shiba welcomes your questions or comments regarding the Terms:

Mountain Shiba, LLC

12973 SW 112 Street, Unit 227

Miami, Florida 33186

Email Address:

customerservice@mountainshiba.com

 

Telephone number:

1-855-MT-SHIBA (687-4422)

Effective as of August 18, 2018