Conditions of Use
NavajoSpirit.com and its affiliates provide their
services to you subject to the following conditions. If you visit or shop at
NavajoSpirit.com, you accept these conditions. Please read them carefully. In
addition, when you use any current or future NavajoSpirit.com service or visit or
purchase from any business affiliated with NavajoSpirit.com, whether or not
included in the NavajoSpirit.com Web site, you also will be subject to the
guidelines and conditions applicable to such service or business.
PRIVACY
Please review our Privacy Notice, which also governs your visit to
NavajoSpirit.com, to understand our practices.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons,
images, audio clips, digital downloads, data compilations, and software, is the
property of NavajoSpirit.com or its content suppliers and protected by United
States and international copyright laws. The compilation of all content on this
site is the exclusive property of NavajoSpirit.com and protected by U.S. and
international copyright laws. All software used on this site is the property of
NavajoSpirit.com or its software suppliers and protected by United States and
international copyright laws.
LICENSE AND SITE ACCESS
NavajoSpirit.com 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 NavajoSpirit.com. 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 NavajoSpirit.com. 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 NavajoSpirit.com and our
affiliates without express written consent. You may not use any meta tags or
any other "hidden text" utilizing NavajoSpirit.com's name or trademarks without
the express written consent of NavajoSpirit.com. Any unauthorized use
terminates the permission or license granted by NavajoSpirit.com. You are
granted a limited, revocable, and nonexclusive right to create a hyperlink to the
home page of NavajoSpirit.com so long as the link does not portray
NavajoSpirit.com, its affiliates, or their products or services in a false, misleading,
derogatory, or otherwise offensive matter. You may not use any
NavajoSpirit.com logo or other proprietary graphic or trademark as part of the
link without express written permission.
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. NavajoSpirit.com does sell products for children, but it
sells them to adults, who can purchase with a credit card. If you are under 18,
you may use NavajoSpirit.com only with involvement of a parent or guardian.
NavajoSpirit.com and its affiliates reserve the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, 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 content. NavajoSpirit.com
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 NavajoSpirit.com and its affiliates 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 NavajoSpirit.com and its
affiliates 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 NavajoSpirit.com or its affiliates for all claims resulting from content
you supply. NavajoSpirit.com has the right but not the obligation to monitor and
edit or remove any activity or content. NavajoSpirit.com takes no responsibility
and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from NavajoSpirit.com are made pursuant to a shipment
contract. This means that the risk of loss and title for such items pass to you
upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
NavajoSpirit.com and its affiliates attempt to be as accurate as possible.
However, NavajoSpirit.com 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 NavajoSpirit.com itself is not as described, your sole remedy
is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY NavajoSpirit.com ON AN "AS IS" AND "AS
AVAILABLE" BASIS. NavajoSpirit.com 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,
NavajoSpirit.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NavajoSpirit.com DOES NOT WARRANT THAT THIS SITE, ITS
SERVERS, OR E-MAIL SENT FROM NavajoSpirit.com ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. NavajoSpirit.com 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.
APPLICABLE LAW
By visiting NavajoSpirit.com, you agree that the laws of the state of New Mexico,
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
NavajoSpirit.com or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to NavajoSpirit.com or to products
you purchase through NavajoSpirit.com shall be submitted to confidential
arbitration in Gallup, New Mexico, except that, to the extent you have in any
manner violated or threatened to violate NavajoSpirit.com's intellectual property
rights, NavajoSpirit.com may seek injunctive or other appropriate relief in any
state or federal court in the state of New Mexico, and you consent to exclusive
jurisdiction and venue in such courts. Arbitration under this agreement shall be
conducted under the rules then prevailing of the American Arbitration
Association. The arbitrator's award shall be binding and may be entered as a
judgment in any court of competent jurisdiction. To the fullest extent permitted
by applicable law, no arbitration under this Agreement shall be joined to an
arbitration involving any other party subject to this Agreement, whether through
class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern
your visit to NavajoSpirit.com. 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.