Terms of Service

Online store terms

By agreeing to these Terms, you confirm that you are at least the age of majority in your state or province of residence. You may not use our products for any illegal or unauthorized purpose, nor may you, in using the service, violate any laws in your jurisdiction. A breach or violation of any of the Terms will result in an immediate termination of your services.

General conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted over various networks. Credit card information is always encrypted during transfer.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service without express written permission from us.

Accuracy of information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only. Any reliance on the material on this site is at your own risk. We may change the contents of this site at any time, but we have no obligation to update any information.

Prices and changes to the service

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the service (or any part of it) at any time without notice. We are not liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.

Products

Certain products may be available exclusively online through the website and may have limited quantities. They are subject to return or exchange only according to our Return Policy.

We have made every effort to display the colors and images of our products as accurately as possible. We cannot guarantee that your screen’s display of any color will be accurate. We reserve the right to limit the sales of our products to any person, region or jurisdiction, and to limit the quantities of any products we offer. All descriptions and prices are subject to change at any time without notice.

Billing and account information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. If we change or cancel an order, we will try to notify you by contacting the email, billing address or phone number provided at the time the order was made.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store, and to promptly update your account and other information so that we can complete your transactions and contact you as needed.

Third-party tools and links

We may provide you with access to third-party tools over which we neither monitor nor have any control. Certain content, products and services available through our service may include materials from third parties. We are not responsible for examining or evaluating the content or accuracy of third-party websites, and we do not warrant and will not have any liability for any third-party materials or websites.

Comments and feedback

If you send us creative ideas, suggestions, proposals or other materials, whether online, by email or otherwise, you agree that we may, at any time and without restriction, edit, copy, publish, distribute and otherwise use them in any medium. We are under no obligation to keep any comments confidential, to pay compensation for any comments, or to respond to any comments.

Personal information

Your submission of personal information through the store is governed by our Privacy Policy.

Prohibited uses

In addition to other prohibitions set out in the Terms, you are prohibited from using the site or its content:

• for any unlawful purpose, or to solicit others to perform or take part in any unlawful acts;
• to violate any international, federal, provincial or state regulations, rules, laws or local ordinances;
• to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate;
• to submit false or misleading information;
• to upload or transmit viruses or any other type of malicious code;
• to collect or track the personal information of others;
• to spam, phish, pharm, pretext, spider, crawl or scrape;
• to interfere with or circumvent the security features of the service or any related website.

Disclaimer of warranties; limitation of liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products delivered to you through it are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind.

In no case shall Desert Nest Co., our directors, employees, affiliates, suppliers or service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind arising from your use of the service or any products bought through it, to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless Desert Nest Co. and our affiliates, partners, officers, employees and suppliers from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.

Severability and termination

If any provision of these Terms is found to be unlawful, void or unenforceable, that provision shall still be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms without affecting the validity of the remaining provisions.

These Terms are effective unless and until terminated by either you or us. You may terminate them at any time by notifying us that you no longer wish to use our services, or when you stop using our site.

Governing law

These Terms and any separate agreements by which we provide you services are governed by and construed in accordance with the laws of the State of California, United States.

Changes to these terms

You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates to our website. Your continued use of the website after any changes are posted means you accept those changes.