Welcome to the online shopping of America’s Alpaca. America’s Alpaca and www. americasalpaca.com are owned and operated by the Alpaca Fiber Cooperative of North America, Inc. (“AFCNA”).
PURCHASES – The complete purchase policy for this site, http://www.americasalpaca.com, can be found at www.americasalpaca.com/purchase.html. This policy is included in this Agreement by this reference to the same legal effect as if set forth in this Agreement in its entirety.
ELECTRONIC COMMUNICATIONS – When you visit this website or send e-mails to AFCNA, you are communicating with AFCNA electronically. You agree to receive communications from AFCNA electronically. AFCNA will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that AFCNA provides to you electronically satisfy any legal requirement that such communications be in writing.
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 AFCNA 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 AFCNA and protected by U.S. and international copyright laws. All software used on this site is the property of AFCNA or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS – America’s Alpaca, Extreme Alpaca, Alpaca…Pure Luxury, boxed double alpaca logo, and other marks and logos displayed on this site (“Trademarks”) are trademarks or trade dress of AFCNA. Trademarks may not be used in connection with any product or service that is not AFCNA’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AFCNA. All other trademarks not owned by AFCNA that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AFCNA.
LICENSE AND SITE ACCESS – AFCNA grants you a limited and nonexclusive license to access and make personal use of this sitebut not to download (other than page caching) or modify it, or any portion of it, except with express written and signed consent of AFCNA. 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 and signed consent of AFCNA. 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 America’s Alpaca and our affiliates without express written and signed consent. You may not use any meta tags or any other “hidden text” utilizing AFCNA’s name or trademarks without the express written and signed consent of AFCNA. Any unauthorized use terminates the rights and license granted by AFCNA in this paragraph. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this America’s Alpaca website so long as the link does not portray AFCNA, America’s Alpaca, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter in the sole discretion of AFCNA. You may not use any AFCNA logo or other proprietary graphic or trademark as part of the link without express written and signed permission. Active members in good standing of AFCNA are authorized to use the AFCNA logo graphic (link to graphic) as part of their Internet and/or print promotional material for the sole purpose of signifying their membership, participation in, and support of AFCNA . All rights and licenses granted in this paragraph by AFCNA are not assignable by you and may be terminated without notice at any time and for any reason by AFCNA in its sole discretion.
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. AFCNA does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18 years of age, you may use this site only with involvement of a parent or guardian. AFCNA and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders without notice 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. Posted content may not contain advertisements or solicitations of any form or manner. AFCNA reserves the right (but not the obligation) in its sole discretion to remove or edit without notice such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant AFCNA 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 AFCNA 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 AFCNA or its affiliates for all claims resulting from content you supply. AFCNA has the right but not the obligation to monitor and edit or remove any activity or content. AFCNA takes no responsibility and assumes no liability for any content posted by you or any third party. COPYRIGHT COMPLAINTS – AFCNA and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow the NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT set forth in this Agreement.
TITLE AND RISK OF LOSS – All items purchased from this site are purchased pursuant to a shipment contract. This means that the risk of loss and damage and title for such items pass to you upon AFCNA delivery to the carrier. PRODUCT DESCRIPTIONS – AFCNA and its affiliates attempt to be as accurate as possible. However, AFCNA does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a product offered on www..AmericasAlpaca.com itself is not as described, your exclusive remedy is to return it in unused condition and in its original packaging to AFCNA in accordance with the RETURNS LIMITED WARRANTY provisions of this Agreement. No restocking fee will be charged, however. PRICING – Despite AFCNA’s best efforts, a small number of the items in this site may be miss priced. If AFCNA discovers a miss pricing, your exclusive remedy is that AFCNA will do one of the following: If an item’s correct price is lower than the stated price, AFCNA will charge the lower amount and ship you the item. If an item’s correct price is higher than the stated price, AFCNA will, at its option, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY – THIS SITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED BY AFCNA ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT FOR THE WARRANTIES SET FORTH IN THIS AGREEMENT, AFCNA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OF THIS SITE AND THE INFORMATION, CONTENT, MATERIALS, AND PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR — USE OF, visiting at and shopping at THIS SITE IS AT YOUR SOLE RISK. EXCEPT FOR THE WARRANTIES SET FORTH IN THIS AGREEMENT, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AFCNA DISCLAIMS AND YOU WAIVE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AFCNA DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM WWW.AmericasAlpaca.com ARE FREE OF VIR– USES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL AFCNA BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE ARISING FROM THE — USE OF, visiting at and shopping at THIS SITE OR FROM THE MATERIALS AND PRODUCTS ON THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL AFCNA BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITITIVE DAMAGES ARISING FROM THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. 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. SITE POLICIES, MODIFICATION, AND SEVERABILITY – AFCNA reserve the right to make changes to this site and the products and services set forth on it, its policies, and this Agreement at any time and without notice of any kind or nature. If any of the provisions of this Agreement shall be deemed invalid, void, or for any reason unenforceable, those provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. OUR ADDRESS AND CONTACT INFORMATION: Alpaca Fiber Cooperative of North America, Inc. P.O. Box 349 Decatur, TN 37322 United States of America AFCNA’s homepage on the Internet is located at: www.afcna.com You may contact AFCNA by e-mail: firstname.lastname@example.org You may contact AFCNA by phone at: 1-877-859-0172
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT – If you believe that your work has been copied in a way that constitutes copyright infringement, please provide AFCNA the written information specified below. Please note that this procedure is exclusively for notifying AFCNA and its affiliates that you believe your copyrighted material has been infringed. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located on the site; Your address, telephone number, and e-mail address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. For notice of claims of copyright infringement on its site, AFCNA can be reached at its address set forth in this Agreement.
RETURNS: All sales are final on any items that are on sale or clearance. No returns or credits can be given on these items. Wholesale Customer Returns – Any wholesale customer may return (with shipping prepaid) any purchased product that is in unused condition and in its original packaging. . A restocking fee, 20% of the purchase price of the product being returned, will be charged. Returns within 30 days of purchase, purchase price cash refunds will be made. Returns after 30 days of purchase, purchase price store credit will be provided. No credits or refunds for shipping and handling charges will be made. Clearance, sale or discontinued items may not be returned to AFCNA after 30 days of purchase. This is the wholesale customer’s exclusive remedy. Retail Customer Returns – Any retail customer may return within 30 days of purchase any purchased product that is in unused condition and in its original packaging. A full refund of the purchase price (not including shipping and handling charges) will be made. This is the retail customer’s exclusive remedy. Return Procedure – No refunds or credits will be made for returned products under this Agreement unless customer follows this procedure. Customers wishing to return a product must call 1-877-859-0172 and speak to a customer service agent. Customers will have to explain the reason for return and give information about the returned product and contact information. Then, customers must ship the product being returned (shipping charges prepaid) to: Alpaca Fiber Cooperative of North America, Inc. 17494 State Hwy 58 N (Use PO Box 349 instead if shipping by US Post Office) Decatur, TN 37322
DISPUTE RESOLUTION – AFCNA’s customer service representative will handle disputes arising from this site. AFCNA’s customer service representative will promptly correct any errors. Please use contact information set forth in ADDRESS AND CONTACT INFORMATION section of this Agreement. Any dispute or disagreement arising from this site or this Agreement may at AFCNA’s sole option be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and the award rendered by the arbitrators may be entered in any court of law having jurisdiction. This arbitration shall be held in a city selected by AFCNA at its sole discretion.
DATA COLLECTION – When visiting websites, certain information about you and your computer can sometimes be collected. This section explains what information AFCNA may collect, and how it may be used. AFCNA collects the following information about users of, visitors to and shoppers at this site: user.name data user.home-info data user.business-info data dynamic.clickstream data dynamic.http data dynamic.clientevents data dynamic.searchtext data dynamic.interactionrecord data dynamic.cookies data dynamic.miscdata data AFCNA collects this information for the following purposes: Completion and Support of Current Activity Website and System Administration Research and Development Affirmative Customization Contacting Visitors for Marketing of Services or Products Contacting Visitors for Marketing of Services or Products Via Telephone Collecting your address information will allow us to process orders
COOKIES – Cookies are a technology that can be used to provide you with tailored information from a website. A cookie is an element of data that a website can send to your browser, which may then store it on your system. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it.
ENTIRE AGREEMENT, AMENDMENTS AND GOVERNING LAW – This AGREEMENT contains all of the conditions, terms and agreements between AFCNA and you relative to using, visiting and/or shopping at this site and to the content, materials, information and products on this website and is the entire agreement between AFCNA and you. No changes or amendments to this Agreement shall be effective unless in writing signed in blue ink by AFCNA or authored by AFCNA . . This Agreement and all rights of AFCNA and you relative to this Agreement shall be governed by the laws of the State of Tennessee and the laws of the United States of America, without giving effect to conflict of laws rules. A printed version of any AFCNA notice in electronic form or of this Agreement shall be evidence of these documents and admissible in judicial and other legal proceedings involving these documents or the use of this site to the same extent as original printed records and documents maintained by AFCNA. END OF TERMS OF — USE & SALE AGREEMENT