At Appalachian Evergreens™, Inc. we strive to protect your privacy, your rights and to protect your personal information. We have set forth the following statement to detail the use of any such information we collect from you and therein your legal rights regarding the collected information.
Web Customer Accounts
A user of any age is welcome to browse our website content and product selection. You must be 18 years of age or older in order to create and/or manage a customer account. In order to purchase products/services from our web site and in order to access, interact and use specific features of our web site, you may be required to create and maintain a customer account. Your name and contact information are required to create an account, and a valid credit card number, billing address and related billing details will be required to complete a purchase with our company. When registering for an account, you must (i) provide truthful and legally accurate contact and payment details, and (ii) you must update such information as necessary to keep your registered information current and accurate. Establishing an account with Appalachian Evergreens (appevergreens.com), you represent and warrant you have the right and are authorized to provide the information you provide when registering and creating your customer account with us. You as the user are responsible for creating and maintaining a secure password for your user account, and you are responsible for confidentially maintaining this password and all account information as well as any access to any computer(s) where you access your account. Any and all activity which originates via your customer account and password will be your responsibility.
Product Reviews and General Online Conduct
You agree not to transmit to Appalachian Evergreens any information or post, email, or otherwise make available User Content that: (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way; (ii) is pornographic or depicts a human being engaged in actual sexual conduct; (iii) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) impersonates any person or entity, including, but not limited to, an Appalachian Evergreens employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; (v) that includes personal or identifying information about another person without that person’s explicit consent; (vi) is false, deceptive, misleading, or deceitful; (vii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement; (ix) constitutes or contains any form of advertising or solicitation if posted in areas of the website which is not designated for such purposes or emailed to Appalachian Evergreens users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests; (x) advertises any illegal service; (xi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xii) disrupts the normal flow of dialogue with an excessive amount of User Content (flooding attack) to the website, or that otherwise negatively affects other users’ ability to use the website; (xiii) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of User Content transmitted through the website.
Additionally, you agree not to: (i) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; (ii) “stalk” or otherwise harass anyone through the website; (iii) collect personal data about other users for commercial or unlawful purposes; (iv) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the website; (v) post irrelevant User Content, repeatedly post the same or similar User Content or otherwise impose an unreasonable loads on our infrastructure; (vi) post any deceptive events; or (vii) attempt to gain unauthorized access to Appalachian Evergreens computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the website.
Appalachian Evergreens may remove any User Content at any time for any reason and Appalachian Evergreens may terminate your access to your customer account, account history and/or your access to the website (or sub sites) at any time for violation of these terms of use or any other reason.
Third Party User Content
You understand that all User Content posted on, transmitted through, or linked from the website, is the sole responsibility of the person from whom such User Content originated.. You understand that Appalachian Evergreens does not control, and is not responsible for User Content made available through the website and that by using the website, you may be exposed to User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Appalachian Evergreens expressly disclaims any liability for such third party statements and User Content. Furthermore, the website and User Content available through the website may contain links to other websites, which are completely independent of The North Face. Appalachian Evergreens makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk.
You agree that you must evaluate, and bear all risks associated with, the use of any User Content, that you may not rely on said User Content, and that under no circumstances will Appalachian Evergreens be liable in any way for any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise made available via the website. You acknowledge that Appalachian Evergreens does not pre-screen or approve User Content, but that Appalachian Evergreens shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any User Content for any reason.
Your interactions with organizations, events and/or individuals found on or through the website are solely between you and such organizations and/or individuals. Appalachian Evergreens expressly disclaims any liability for such organizations, events or individuals.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF APPALACHIAN EVERGREENS WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. APPALACHIAN EVERGREENS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, APPALACHIAN EVERGREENS DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATION ON LIABILITY AND INDEMNITY OF APPALACHIAN EVERGREENS
UNDER NO CIRCUMSTANCES SHALL APPALACHIAN EVERGREENS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF APPALACHIAN EVERGREENS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF APPALACHIAN EVERGREENS WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold Appalachian Evergreens, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of User Content you submit, post or make available through the website, your third party event, website or organization, your use of the website, your violation of the terms of use, your breach of any of the representations and warranties herein, or your violation of any rights of another.
Confidentiality
Certain areas on this website may contain Appalachian Evergreens confidential information. A valid user name and password are required to access those areas. Access by unauthorized persons, and unauthorized use or disclosure of Appalachian Evergreens confidential information, may be a violation of Appalachian Evergreens’ rights and are strictly prohibited. By accessing Appalachian Evergreens confidential information, you agree to keep this information confidential. You also agree to treat this confidential information with a standard of care which is of at least as high a standard as that which you apply to your most confidential information and to only disclose it within your company to employees with a “need to know” who are instructed and agree not to disclose the information and not to use the information for any purpose not permitted.
Compliance with Applicable Laws; Export Control Laws
This website is operated, in whole or in part, from the United States . User access to this website is governed by all applicable federal, state and local laws. All information available on the website is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. All Appalachian Evergreens products and publications are commercial in nature. Appalachian Evergreens does not make any representations regarding the legality of access to or use of this website or the information contained therein from other countries. Access in countries where the information contained herein or the products sold through this website are illegal is prohibited. Users who access this website from outside of the United States do so at their own risk and are responsible for compliance with applicable US export and local country laws. By using this website, regardless of where you live in the world, you consent to have your personal data transferred to and processed and collected in the United States in compliance with the privacy policy.
Appalachian Evergreens Online Privacy Policy
Appalachian Evergreens respects your privacy. When you visit Appalachian Evergreens website, you may provide information to us and we may collect website interaction information through the use of cookies. The information collected by us includes information that you give us to, for example, make product purchases, request information or communications, register to join the website, email lists, forums, blogs, etc., register for events, participate in promotions, contests or other marketing activities and that information collected may include name, address, city, state, telephone, email, credit card number, age and gender.
A cookie is a small data file that certain websites write to your hard drive. A cookie file can contain information such as a user ID that the site uses to track the pages you visit, but the only personal information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites. Some parts of this site use cookies to track user traffic patterns and/or to provide access such as shopping online. Appalachian Evergreens does not share this information or sell it to any third party.
If you prefer not to receive cookies on this website, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser. You do not need to have cookies turned on to browse the website; however, you will not be able to shop our online store without receiving a cookie.
Appalachian Evergreens uses the individual identifying information in order to personalize your experience on our website, send you communications that you consent to receive, either electronically or otherwise and for purposes of online shopping in accordance with this privacy policy. For example, we may use the information we collect to administer purchases and customer service on the website; improve and maintain the website; send you marketing information including events and promotions; customize your shopping or browsing experience; administer surveys and promotions. We only send you information when you have agreed to receive such information through an opt-in or opt-out process; however, you may receive information from us at any time specific to customer service issues.
We collect information about gift recipients (i.e., ship to addresses) to fulfill the gift purchase, respond to customer service inquiries and for analysis purposes only. If you choose to use our invitation tools or mobile services to invite or contact friends through our website, we will ask you for information needed to send the invitation, such as your friends’ email addresses, your email address, your Facebook account, other contact lists (e.g., Gmail, Twitter, Hotmail, and Yahoo) or your mobile phone and your friend’s mobile phone.
Appalachian Evergreens does not make individual identifying information available to third parties, including business partners, for marketing purposes without your affirmative consent to such sharing of information; however, we may transfer collected information between Appalachian Evergreens and third party contracted service providers who use that information only to conduct Appalachian Evergreens business. For example, a third party may handle Appalachian Evergreens credit card processing, shipping, data management, email distribution, market research, information analysis, and promotions management. We may also share your information to administer a website feature (e.g. video download or event registration) and in that case you will be given the option to opt out of the feature if you do not want your information shared. All credit card transactions are secure.
We may disclose specific information when required by law, regulation or government agency including law enforcement. We may share information to prevent illegal uses of the website or violations of the terms of use, or defend ourselves against third-party claims. We may also share information with companies assisting in fraud protection, counterfeiting or investigation.
We do not knowingly collect or solicit personal information from children under 18 years of age.
