Last updated: 03-28-2021
This Agreement, sets forth the terms of use (“Terms of Use”) of the Mountain Tops Boutique website located at “https://mountaintopsboutique.com” (this “Site”), which is owned by Nancy Normandeau (“us”, “we”). Please read this page carefully before using this Site. By accessing or using this Site in any way, you (“User” or “you”) agree to be bound by these Terms and Conditions. These Terms and Conditions govern your use of the Website, both as a casual visitor and as a registered User. If you do not agree to these Terms of Use, you should immediately cease all usage of the Website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at the Website. Your continued use of the Website after amendments are posted constitutes an acknowledgement and acceptance of this Agreement as modified.
Description of Services
Mountaintopsboutique.com is an internet site that sells natural skin care products and provides information about these products and their ingredients.
Content Management
All contents of this Site are the property of Mountain Tops Boutique. All rights reserved. This Site contains copyrighted material, trademarks, service marks, logos, trade dress and other proprietary content, including but not limited to text, excepts from a book, photographs, buttons, images, video and graphics, and the entire selection, coordination, arrangement and “look and feel” of this Site and the content are copyrighted as a collective work under United States copyright laws (collectively, the “Content”). Except as provided in these Terms, you may not use, modify, republish, frame, license, transfer, post, transmit, create derivative works from, or otherwise exploit any Content from this Site, in whole or in part, without the express permission of Nancy Normandeau/Mountain Tops Boutique.
Reproduction, distribution, republication, and/or retransmission of material contained within this website is prohibited without prior written consent of Nancy Normandeau/Mountain Tops Boutique. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited. Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of Mountain Tops Boutique’s intellectual property rights.
Medical Advice
We do not provide medical advice. You must not rely on the information on this website as an alternative to medical advice from your doctor or other professional healthcare provider. If you have any specific questions about any medical matter you should consult your doctor or other professional healthcare provider. If you think you may be suffering from any medical condition you should seek immediate medical attention. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this website.
The information and materials made available on this website have been prepared by Mountain Tops Boutique for general informational purposes only and should not be construed as medical advice on any subject matter, or to answer specific medical problems you may have. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate medical or other professional advice on the particular facts and circumstances at issue from a doctor licensed in the recipient’s state. The content of this website contains general information and may not reflect current medical developments. Mountain Tops Boutique expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this website.
While we try to ensure the accuracy of the information on this website, we cannot guarantee that all of the information is accurate or complete. You should be aware that medicine is constantly changing and varies by circumstance. Therefore, information on a given medical or medical issue may not be current or apply to your particular situation. You should not act or refrain from acting upon this information without seeking the advice of professional doctor in your geographical area. Viewing and use of any of the information on this site does not create a doctor-patient relationship between you and Mountain Tops Boutique or Nancy Normandeau.
WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN.
WE DO NOT IN ANY WAY ENDORSE ANY INDIVIDUAL DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.
Modifications and Interruption to Services
We reserve the right to modify or discontinue these Products and Services with or without notice to you. We shall not be liable to User or any third party should we exercise its right to modify or discontinue the Products or Services herein. User acknowledges and accepts that we do not guarantee continuous, uninterrupted or secure access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Pricing
Price and availability information on this Site are subject to change without notice.
Product Availability
We make every effort to keep our website inventory as accurate as possible, there may be an occasion where the website inventory is inaccurate. Orders will be filled in the order in which they were received. If we cannot fulfill your order, you will be notified and promptly refunded for the sale.
Order Acceptance Policy
Mountain Tops 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. Your receipt of an electronic order confirmation from Mountain Tops, Paypal or our credit card processor does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.
Returns
Due to the nature of the products we sell, they are not returnable.
Shipping
We only ship within the continental United States at this time.
Taxes
Our store will automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the same state where Mountain Tops holds a presence (Vermont). For orders shipped to other areas, you (the shopper) are solely responsible for any sales taxes and/or other taxes that may apply.
Online Payments
The Company allows customers to make payments for products and services via an online portal. We have engaged third-party service providers to perform many of the services related to payment processing, including card processing, identity verification, fraud analysis and regulatory compliance.
The Company partners with Square and PayPal to facilitate card payments for customers. We may share your personal or transactional information with this third-party service provider when it is necessary to process payments. Information about PayPal can be found at:
PayPal.com. Information about Square can be found at: Square.com.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
User Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access this Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
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, Mountain Tops shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Mountain Tops shall also 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, Mountain Tops will issue a refund to your card in the amount of the incorrect price.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
External Links
As a convenience to you, Mountain Tops Boutique may provide links to web sites and access to content, products and services of third parties, including without limitation, Mountain Tops Boutique affiliates and strategic partners and other entities (“Linked Sites”). You should refer to the separate terms of use, privacy policies, and other notices posted on the linked sites before you use them. Some of those links contain trackable cookies, which means that website owner will know that their website has shown up in your website browser more than once. And they may know that you visited this website before you visited their website.
Mountain Tops Boutique does not author, edit or monitor these linked sites, and is not responsible or liable for (a) the availability of or content provided on such linked sites, nor does inclusion of any link imply endorsement of the linked sites by Mountain Tops Boutique or vice versa; (b) third party content accessible through such linked sites; (c) any loss or damage whatsoever you may incur from dealing with any linked site; or (d) your dealings with any third parties found on or through this Site, the payment for and delivery of goods if any, or any terms, conditions, warranties, or representations associated with such dealings. You bear all risk associated with the use of such linked sites, third party services, and your correspondence or business dealings with third parties found on or through this Site.
No Warranties
Mountain Tops Boutique makes no representation of any kind regarding this Site, Content or any portion thereof, WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. MOUNTAIN TOPS BOURIQUE EXPRESSLY DISCLAIMS 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, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
Without prejudice to the generality of the foregoing paragraph, Mountain Tops Boutique does not warrant that this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading.
Limitations of Liability
Mountain Tops Boutique will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
IN NO EVENT SHALL Mountain Tops Boutique BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THIS SITE, EVEN IF MOUNTAIN TOPS BOUTIQUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Without limiting the generality of the foregoing, under no circumstances shall Mountain Tops Boutique or any other party involved in creating, producing, or distributing this Site be liable for any direct, indirect, incidental, special or consequential damages or loss of profits, good will, use, data or other intangible losses (even if advised of the possibility of such damages) that result from (a) any delay, failure, interruption or corruption of this Site or any data or information transmitted in connection with the use of this Site; (b) personal injury or death caused by your use or misuse of this Site; (c) the cost of procurement of substitute goods and services resulting from your use of any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from this Site; (d) unauthorized access to or alteration of your transmissions or data; and (e) any other matter relating to our Site. You hereby acknowledge that this paragraph shall apply to all nutraceuticals, products, and services available through this Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law.
Notwithstanding the above, Mountain Tops Boutique sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from us through this Site.
In accordance with the 1996 Communications and Decency Act, Section 230, we are also not liable for comments user of this website leave as comments. While we will certainly delete comments that don’t adhere to our personal standards.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
UNENFORCEABLE PROVISIONS
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Governing Law
Use of this Site is governed by https://mountaintopsboutique.com and the laws of the United States of America. Any claim related to the Site and any product purchased through this Site shall be brought in a federal or state court within one (1) year after the claim arises. Users of this Site consent to the jurisdiction and venue of such courts as the most convenient and appropriate for the resolution of disputes concerning this Site.
Acknowledgement
You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.
CHANGES TO OUR TERMS OF USE
Mountain Tops Boutique may change these Terms from time to time. Please review these Terms periodically for any updates or changes. Your continued use of this Site following the posting of any updates or changes to these Terms constitutes your acceptance of such changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your exclusive recourse is to immediately terminate use of this Site.
Mountain Tops Boutique also reserves the right to modify or terminate your access to the Site (or portions of this Site) at any time, temporarily or permanently, with or without notice to you. Mountain Tops Boutique may also impose limits on certain features, services or all of this Site without notice or liability. You acknowledge and agree that Mountain Tops Boutique will not be liable to you or any third party in the event that Mountain Tops Boutique exercises its right to modify or terminate access to this Site or portions of this Site.