Terms & Liability Statement
Welcome to the OVERTHEHILLGIFTS.COM Web Site ("Site"). Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the "Agreement").
1. Acceptable Use
You warrant that you are of sufficient legal age to form legally binding contracts under applicable law, and that you will be responsible for any liability you incur from using this Site.
You may not order from OVERTHEHILLGIFTS.COM using a false name or an invalid credit card. Fraudulent users will be prosecuted to the fullest extent of the law.
You acknowledge that the contents of this Site, including, but limited to, information, data, software, photographs, graphics, and other material (collectively, "Content") on this Site are protected by copyright under both United States and foreign laws. Unauthorized use of the Material may violate copyright, trademark, and other laws.
OVERTHEHILLGIFTS.COM, OVERTHEHILLGIFTS, and OLDER & BOLDER SENIOR STORE are trade and service marks of Older & Bolder Senior Store Company.
All other trademarks, product names, and company names and logos appearing on OVERTHEHILLGIFTS.COM are the intellectual property of their respective owners.
4. Disclaimers and Limitation of Liability
OLDER & BOLDER SENIOR STORE COMPANY (ALSO REFERRED TO AS OVERTHEHILLGIFTS.COM) IS A RETAILER AND DISTRIBUTOR OF GOODS AND PRODUCTS MANUFACTURED BY VARIOUS SUPPLIERS. OVERTHEHILLGIFTS.COM OFFERS AND PROVIDES PRODUCTS ON AN "AS IS" BASIS. CONSUMERS PURCHASE AND USE THESE PRODUCTS AT THEIR OWN RISK. SINCE THESE PRODUCTS ARE NOT MANUFACTURED BY OVERTHEHILLGIFTS.COM, THE COMPANY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND/OR IMPLIED WARRANTIES. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION OF THE PRODUCTS HEREIN. CONSUMERS ARE RESPONSIBLE FOR DETERMINING THE SUITABILITY OF THE USE OF ANY SPECIFIC PRODUCT FOR USE BY ANY INDIVIDUAL, CONSIDERING AGE, MENTAL OR PHYSICAL CONDITION.
IN NO EVENT, SHALL OVERTHEHILLGIFTS.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST OR STOLEN DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE PRODUCTS, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, “YEAR 2000” PROBLEMS, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OVERTHEHILLGIFTS.COM'S AND OVERTHEHILLGIFTS.COM’S RECORDS, PROGRAMS, OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OVERTHEHILLGIFTS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH OVERTHEHILLGIFTS.COM AND OVERTHEHHILLGIFTS. 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.
5. Limitation of Liability
If, notwithstanding the above, OVERTHEHILLGIFTS.COM is found liable for any loss or damage relating to the use of this Site, the aggregate liability for OVERTHEHILLGIFTS.COM to you for all claims shall be limited to a refund on the product ordered.
6. Delivery of OVERTHEHILLGIFTS.COM Orders
OVERTHEHILLGIFTS.COM will use its best efforts to fill your order within the stated time. However, OVERTHEHILLGIFTS.COM is not responsible for any delays beyond OVERTHEHILLGIFTS.COM's reasonable control. If the order is delayed, your sole remedy is refund for the product.
7. Links to other Websites
This Site may contain links to third-party Web sites. These links are provided solely as a convenience for Users and not as an endorsement of the contents on such third-party Web sites. OVERTHEHILLGIFTS.COM and Older & Bolder Senior Store Company are not responsible for the content of linked third-party sites and do not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
You agree to indemnify, defend, and hold harmless OVERTHEHILLGIFTS.COM from and against any and all liability, claims, costs and expenses, including reasonable legal fees and expenses, arising from or related to your use of OVERTHEHILLGIFTS.COM .
This Agreement is governed by the laws of the State of New York, USA, without regard to any conflict of law provisions. You agree to submit to jurisdiction in New York and you further agree that any cause of action arising under this Agreement or resulting from your use of this site will be resolved exclusively by the state and federal courts of the State of New York, County of Yates.
OVERTHEHILLGIFTS.COM makes no representations that materials on this Site are appropriate or available for use in locations outside the United States. If you access the Web Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
If any portion of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.