Terms and Conditions of Use
Otis McAllister website terms and conditions of use
Terms and Conditions

The following Terms and Conditions apply to the use of the Otis McAllister, Inc. Web site, also referred to as OtisMcAllister.com (hereinafter collectively referred to as the "Web Site") as well as all transactions conducted through the site.

Entities

Wherever the name Otis McAllister appears herein, it shall be deemed the same as Otis McAllister, Inc., a California corporation. The term "You" wherever it appears herein shall be deemed as the user of the Web Site.

Legal Notice

All notices from You shall be made by mail, sent to the address we provide on the Web Site, or first class mail to our address at: Otis McAllister, Inc., 160 Pine Street, Suite 350, San Francisco, CA 94111.

Copyright

All content appearing on this Web Site is the property of Otis McAllister, Inc., 160 Pine Street, Suite 350, San Francisco, CA 94111, Copyright © 2010. All rights reserved. As a user, You are authorized only to view, copy, print, and distribute documents on this Web Site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2010 Otis McAllister, Inc. All rights reserved.

Trademark

All brand, product, service, and process names appearing on this Web Site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Otis McAllister, or any of its brands, including, but not limited to, Angelita, Himalayan Pride, La Sirena, Super Lucky Elephant, and/or Village Harvest. Nothing contained herein shall be construed as conferring by implication, estoppels, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Otis McAllister, Inc., or any of its brands, including, but not limited to, Angelita, Himalayan Pride, La Sirena, Super Lucky Elephant, and/or Village Harvest, or any third party, except as expressly granted herein.

Use of Site

This Web Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Web Site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Otis McAllister, Inc., and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Otis McAllister, Inc., or any of its subsidiaries believe that customer conduct violates applicable law or is harmful to the interests of Otis McAllister, Inc., and its subsidiaries.

Consumer Agreement

Shipping and Delivery: Otis McAllister does not ship merchandise directly from this Web Site.

Warranties: The content included in this Web Site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web Site. Otis McAllister makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web Site or content, or the suitability, functionality, or operation of this Web Site or its content. By using this Web Site, You assume the risk that the content on this Web Site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. OTIS MCALLISTER SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL OTIS MCALLISTER BE HELD LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The information and content on this server is provided "as is" with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web Site is provided by the advertiser or manufacturer only, and not by Otis McAllister. The references and descriptions of products or services within the Web Site materials are provided "as is" without any warranty of any kind, either express or implied. Otis McAllister, collectively or individually, are not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web Site or of any of the products or services described hereon. The descriptions of, and references to, products, services and companies on this Web Site are the sole responsibility of the companies providing the information ("advertisers"), and not Otis McAllister. The inclusion of material on this server does not imply any endorsement by Otis McAllister, which makes no warranty of any kind with respect to the subject matter of the server materials advertised. A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although Otis McAllister tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information You are relying upon is correc

Customer Service: Customer service is available as defined on the Contact Us page of this Web Site.

Information that is collected via IP Address, and Cookies is not personally identifiable. However, if You choose to provide Otis McAllister with personally identifiable information, this information may be linked to the data stored in these technologies. In addition, we may share aggregate (not individual) site usage statistics and demographic information with advertisers and other third parties, but this information will not include any personally identifiable information. Personal information about You as an individual will not be provided to any third party without your consent.

Miscellaneous: VOID WHERE PROHIBITED: Although the information on this Web Site is accessible worldwide, not all products or services discussed in this Web Site are available to all persons or in all geographic locations or jurisdictions. Otis McAllister, and advertisers, if any, each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web Site is void where prohibited. GOVERNING LAW: In the event of litigation both parties agree that the Laws of the State of California shall apply and both parties consent to the jurisdiction of the state courts of San Francisco County, California, or in the event of diversity of citizenship, the United States District Court for the District of San Francisco. Both parties expressly waive a trial by jury. MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between You and Otis McAllister with respect to this Web Site. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between You and Otis McAllister with respect to this Web Site. No modification of the Terms and Conditions shall be effective unless it is authorized by Otis McAllister. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.