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General Terms & Conditions

Terms of Use

DISCLAIMER / LEGAL STATEMENT
TERMS AND CONDITIONS OF USE OF THIS INTERNET SITE

By using this site you agree to the following terms and conditions:

1. USE RESTRICTIONS TAT Enterprises Inc, and Garden of the Gods Trading Post, Manitou Outpost, Mountain High Sportswear, and or Navajo Gallery and Gifts  maintains this internet website. Reproduction or modification of any information contained in this site is prohibited without the express written consent of Garden of the Gods Trading Post, Manitou Outpost, Mountain High Sportswear, and or Navajo Gallery and Gifts.  Garden of the Gods Trading Post and or Manitou Outpost makes no representations that the information contained in this site is appropriate, available or permissible for use in all locations. 

2. LIMITATION OF LIABILITY DISCLAIMER In all circumstances Garden of the Gods Trading Post, Manitou Outpost, Mountain High Sportswear, and or Navajo Gallery and Gifts maximum liability is limited to the purchase price of the products sold.  Garden of the Gods Trading Post and or Manitou Outpost shall not, under any circumstances, be liable upon a claim or actions in contract, tort, indemnity or contribution, or other claims related to the products it sells which exceeds this liability limit.  Garden of the Gods Trading Post and or Manitou Outpost shall not be liable for third party claims for damages against the customer, or for malfunction, delays, interruption of service, loss of business, loss or damage to exemplary damages, whether or not Garden of the Gods Trading Post and or Manitou Outpost is apprised of the possibility of such claims or damages.

3. RIGHT TO CHANGE OR MODIFY Garden of the Gods Trading Post, Manitou Outpost, Mountain High Sportswear, and or Navajo Gallery and Gifts reserves the right to change, modify and/or withdraw the information, products or services in this site at any time without notice.

4. GOVERNING LAW AND JURISDICTION Any dispute arising out of or related to these Terms and Conditions or the sales transaction betweenGarden of the Gods Trading Post, Manitou Outpost, Mountain High Sportswear, and or Navajo Gallery and Gifts and Customer shall be governed by the laws of the State of Colorado, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Garden of the Gods Trading Post, Manitou Outpost, Mountain High Sportswear, and or Navajo Gallery and Gifts and Customer consent to the exclusive jurisdiction and the venue of the State Courts of the State of Colorado, El Paso County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Garden of the Gods Trading Post, Manitou Outpost, Mountain High Sportswear, and or Navajo Gallery and Gifts that is more than one year after the date of the applicable invoice.

5. SEVERABILITY If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Colorado law.

6. WAIVER The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

7. ENTIRE AGREEMENT These terms and conditions, together with the Garden of the Gods Trading Post, Manitou Outpost, Mountain High Sportswear,and or Navajo Gallery and Gifts invoice respecting the products ordered by Customer, are the complete and exclusive agreement between Garden of the Gods Trading Post, Manitou Outpost, Mountain High Sportswear, and or Navajo Gallery and Gifts and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications betweenGarden of the Gods Trading Post, Manitou Outpost, Mountain High Sportswear, and or Navajo Gallery and Gifts and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.

8. COPYRIGHT All content included on this site is the property of Garden of the Gods Trading Post, Manitou Outpost, Mountain High Sportswear, and or Navajo Gallery and Gifts or their content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on this site is the exclusive property of Garden of the Gods Trading Post and or Manitou Outpost protected by U.S. and international copyright laws. The content and software on this site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the content on this site is strictly prohibited.

9. RIGHT OF REFUSAL We reserve the right to limit quantities and to reject orders at our discretion.