This website is owned and operated by Montanna Design (Island Style), LLC (“Montanna Design (Island Style),” “we,” “our,” or “us”). These Terms of Use apply to any Montanna Design (Island Style) website that posts a link to this page (collectively, the “Site”). By accessing the Site, you consent to (i) these Terms of Use (“Terms”), (ii) our collection, use and sharing of your information as described in our Privacy Policy and (iii) any other legal notices, conditions or guidelines located within the Site. If you do not agree to these Terms, our Privacy Policy or any other legal notices, conditions or guidelines location within the Site, please exit our Site. If you have any questions regarding our policies or your use of our Site, please contact us by e-mail at support@islandstylesanibel.com or by mail to: Montanna Design (Island Style)

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE. THEY APPLY TO ALL USERS OF THE SITE, REGARDLESS OF WHETHER THEY CREATE AN ACCOUNT ON THE SITE.

Changing Your Information

You are responsible for ensuring that information you provide in connection with any account you create on the Site is accurate and up to date. You may change or edit your information at our Site by logging into your registered account.

Provision of Services

You agree and acknowledge that Montanna Design (Island Style) is entitled to modify, improve or discontinue any of its services at its discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it. Furthermore, you agree and acknowledge that Montanna Design (Island Style) is entitled to provide services to you through subsidiaries, affiliated entities, or third-party service providers.

Ownership of Site Content

Unless otherwise noted, all photographs, pictures, graphics, and all other images, including digital, printed and video images, and portions thereof, and all content, data, information, news, and all other text and materials, including digital, printed and audio materials, along with the layout and design of the Site and all documentation, data, services, features, products and other content at the Site (collectively, “Site Content”) are protected by the copyright laws of the United States and other jurisdictions. All Site Content is owned by, or licensed to, Montanna Design (Island Style). Site Content may not be reproduced, modified, redistributed or otherwise used in any way without a written license with the applicable Site Content owner.

Use of Site Content

Montanna Design (Island Style) grants you a limited, non-exclusive, non-assignable, non-transferable, revocable license to access and display on your personal computer or mobile device for your own use, but not copy or transfer or broadcast or otherwise use in any way, the Site Content found at this Site for your personal, non-commercial and educational use only. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.

Reservation of Rights

All rights not expressly granted by Montanna Design (Island Style) herein are reserved. Nothing on the Site or in these Terms grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any Site Content or other materials of any third party, or may be construed to mean that Montanna Design (Island Style) has the authority to grant any license on behalf of any third party.

Montanna Design (Island Style) Trademarks

Montanna Design (Island Style) trademarks, including the trademarks “Montanna Design (Island Style),” the logo, all page headers, graphics, images, symbols, trade names and other Montanna Design (Island Style) marks found at the Site are the proprietary property of Montanna Design (Island Style) (collectively the “Marks”). Use of the Marks is strictly prohibited without the prior written consent of Montanna Design (Island Style). YOU MANY NOT USE THE MARKS IN CONNECTION WITH  ANY AUCTION WEBSITE OR ONLINE MARKETPLACE, INCLUDING EBAY, AMAZON OR ANY OF THEIR AFFILIATES’ WEBSITES.

Third Party Trademarks

The trademarks of third parties may also appear on the Site from time to time; you may not use these trademarks without prior written permission of their respective owners. You acknowledge and agree that nothing on the Site grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the these trademarks, nor may anything be construed to mean that Montanna Design (Island Style) has authority to grant any right or license on behalf of any third-party trademark owner.

Restrictions, Limitations and Conditions of Use

Any unauthorized use of our Site or Site Content for any purpose is prohibited. Your rights to this Site are given on the condition that you use the Site in accordance with these Terms. You may not use the Site for any unlawful purpose and you may not:

- access, solicit, collect or use any personally identifying information about any other users of the Site or anyone else;
- restrict or inhibit others from using the Site;
- transmit to or introduce at the Site any viruses, harmful software, or other modifications or changes to the Site or reverse engineer, decompile, disassemble, reverse assemble or modify any Site source or object code or any software or other services or processes accessible through any portion of the Site or Site Content;
- submit, upload, email or otherwise transmit any content or other materials, to or through the Site which (a) is threatening, abusive, defamatory, obscene, vulgar, offensive, or otherwise objectionable, or which may harm minors; (b) infringes or violates the rights of others, or (c) has an advertising, political marketing, promotional or other commercial purpose;
- engage in any activities that interfere with another user’s access to the Site or the proper operation of the Site; or
- distribute or copy any Site Content manually or by using any robot, scraper, crawler, or any other automatic device or process; frame or utilize framing techniques to enclose any Site Content; or use content from our Site in a manner that suggests an unauthorized association with any of our or our licensor’s products, services or brands.

Montanna Design (Island Style) has no obligation to monitor your interaction with the Site, but reserves the right to review or monitor the Site and any user submissions, if permitted, in its sole discretion.

Creating and Terminating Accounts

Some of the features on the Site may require you to register for an account through an online registration process. When you register for an account, you will select login credentials and you agree that: You will not use a username (or e-mail address) used by someone else, that impersonates another person, belongs to another person, violates the intellectual property or other right of any person or entity or that is offensive. You will provide true, accurate, current and complete registration information about yourself during any registration process and will update it as needed to keep it accurate. You will immediately notify us of any unauthorized use of your account, password or username, or any other breach of security; and you will not sell, transfer, or assign your account or any account rights. You are solely responsible for all activities that occur under your account, password and username whether or not you authorize the activity. You are solely responsible for maintaining the confidentiality of your password and for restricting access to your device(s) so that others may not access any password-protected portion of our Site using your name, username, or password. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations in this section. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated or incomplete, or violates these Terms, or any applicable law, we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account, or suspend or otherwise deny you access to it, or its benefits all in our sole discretion, for any reason, and without advance notice or liability.

Links to Other Sites

In using the Site, you may find that Montanna Design (Island Style) provides hyperlinks to one or more third-party websites (the “Linked Sites”). Montanna Design (Island Style) provides these links as a convenience for you and other users, but is not responsible for the content of, or links to and from, the Linked Sites. Your linking to these Linked Sites is at your own risk. We encourage you to read the terms and conditions and privacy policies of the respective Linked Sites, should you choose to visit them since your use of those Linked Sites will be subject to their terms of use and privacy policies. A link from the Site does not imply a relationship with, or endorsement of, the Linked Site(s) or its content, purpose, policies, or business practices by Montanna Design (Island Style).

Contest, Sweepstakes and Other Promotions

From time to time, Montanna Design (Island Style) may conduct promotions on or through the Site, including without ‎limitation, contests, rewards, sweepstakes and other promotions (“Promotions”).  Each Promotion may ‎have additional terms and/or rules of participations (“Promotion Rules”), which will be posted on ‎the Site or otherwise made available to you.  The Promotion Rules for each Promotion in which ‎you participate are deemed incorporated into and form a part of these Terms.  It is your ‎responsibility to read the Promotion Rules to determine whether or not your participation, ‎registration or entry will be valid or restricted, and to determine your participation requirements.‎

Disclaimer, Limitation of Liability, and Indemnification

The materials, Site Content and services offered on the Site are provided “AS IS” and ‎without warranties of any kind. To the fullest extent permissible pursuant to applicable law, we ‎disclaim all warranties, express or implied, including, but not limited to, implied warranties of ‎non-infringement, merchantability and fitness for a particular purpose. We do not warrant that ‎the use of the Site will be uninterrupted or error-free, that defects will be corrected, or that ‎the Site or the server(s) that make it available or any advertised or hyperlinked site are free ‎of viruses or other harmful components or that the Site, server(s), or advertised or ‎Linked Sites will be accessible at all times. We do not warrant or make any representations ‎regarding the use of the Site or any information contained therein, including Site Content, ‎with respect to correctness, accuracy, reliability, graphics, links or otherwise. You assume the ‎entire cost of all necessary servicing, repair or correction to any equipment you use to access ‎the Site. To the extent that applicable law may not allow the exclusion of implied warranties, ‎the above exclusions may not apply to you.‎

Documents, information, graphics and other materials appearing on the Site may include ‎technical inaccuracies, miscalculations, typographical errors, and out-of-date information. Use of ‎such documents, information, graphics or other materials is at your own risk.‎

You waive any and all claims and rights against us and our affiliates, parents, and successors ‎and each of our employees, assignees, officers, agents and directors (the “Montanna Design (Island Style) Parties”) ‎resulting from injury or damage to, or destruction, theft, or loss of, any property, or person, to ‎the maximum extent permitted by applicable law. None of the Montanna Design (Island Style) Parties will be liable to you ‎under any cause of action, for any direct, indirect, special, incidental, consequential, reliance or ‎punitive damages, including loss of profits or business interruption. You hereby agree to ‎indemnify the Montanna Design (Island Style)Parties from and against any and all claims, liabilities, and expenses ‎‎(including reasonable attorneys’ fees), resulting from your use of the Site or any breach of ‎these Terms by you.‎

If you are a consumer, the provisions in these Terms are ‎intended to be only as broad and inclusive ‎as is permitted by the laws of your ‎state of residence. Certain states, like New Jersey, have ‎heightened consumer ‎protection laws that may make certain portions of these Terms ‎inapplicable ‎to you. Specifically, if you are a New Jersey consumer, certain ‎provisions do not limit or waive your ‎rights as a consumer under New Jersey law. The provisions in these Terms are intended to be ‎only as broad ‎and inclusive as is permitted by the laws of the State of New Jersey. No ‎provision of ‎these Terms shall limit or waive your rights as a ‎consumer under the law of your state of residence. ‎In any event, Montanna Design (Island Style) reserves ‎all rights, defenses and permissible limitations under the law of your ‎state of ‎residence.‎

Typographical Errors

In the event that a Montanna Design (Island Style) product is mistakenly listed at an incorrect price on our Site, Montanna Design (Island Style) reserves the right to refuse or cancel any order placed for any product listed at the incorrect price. Montanna Design (Island Style) reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Montanna Design (Island Style) shall issue a credit to your credit card account in the amount of the incorrect price. 

Ability to Accept Terms

You affirm that you are the age of majority in your jurisdiction and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. The Site is not intended for children under the age of eighteen (18). If you are under 18 years of age, then please exit now and do not use this Site.

Geographic Limitations

Montanna Design (Island Style) controls and operates the Site in the United States. If you use our Site from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Site may describe products and services that are available only in the United States (or only parts of it). We reserve the right to limit the availability of our Site and/or the provision of any Site Content, program, product, service, or other feature described or available on our Site to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any Site Content, program, product, service, or other feature that we provide. Further information on your rights regarding personal information collected on the Site are set forth in our Privacy Policy.

Choice of Law and Forum

These Terms will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. Subject to the dispute resolution and arbitration provisions set forth below, you hereby consent and submit to the personal jurisdiction of the state courts located in Naples, Florida and the federal courts located in Naples, Florida. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Any waiver of any provision of these Terms must be in writing signed by an authorized representative of Montanna Design (Island Style) to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future.

IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER THE CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE.

Dispute Resolution; Information Resolution and Formal Resolution by Arbitration / Class Action Waiver

In order to expedite and control the cost of disputes, you and Montanna Design (Island Style) agree that any legal or equitable claim relating to the use of this Site or the purchase of any Montanna Design (Island Style) product from this Site (referred to as a “Claim”) will be resolved as follows:

1. Informal Resolution:

You and Montanna Design (Island Style) will first attempt to resolve any Claim informally. In the event that any dispute between Montanna Design (Island Style) and you arises out of or relates to: (i) these Terms; (ii) the Site; or (iii) the purchase of any products from this Site, you and we agree to try to promptly resolve any such dispute informally. Please send a written notice describing the dispute to support@islandstylesanibel.com.

2. Formal Resolution by Arbitration / Class Action Waiver.

READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. You agree that any dispute, controversy or Claim arising out of or relating to these Terms, your use of the Site, or the purchase of any products from this Site, or the determination of the scope or applicability of arbitration shall be governed as set forth below.

If you and Montanna Design (Island Style) cannot resolve a Claim informally, any Claim asserted by either party will be resolved only by binding arbitration (“Arbitration”). By agreeing to Arbitration, both you and Montanna Design (Island Style) understand and agree that all processes, such as a court action or administrative proceeding, to settle disputes shall be decided by a single arbitrator and that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both you and Montanna Design (Island Style) each agree to settle disputes (except certain small claims as set forth below) only by Arbitration.

ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.

The rules in Arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in these Terms as a court would. The Arbitration will be conduction under the JAMS Streamlined Arbitration Rules Procedures (referred to as the “JAMS Rules”) and under the rules set forth in these Terms. If there is a conflict between JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. You may in Arbitration seek any and all remedies otherwise available to you pursuant to the law of the governing state. If you decide to initiate Arbitration, Montanna Design (Island Style) agrees to pay the Arbitration initiation fee and any additional required deposit required by JAMS to initiate your Arbitration. Montanna Design (Island Style) agrees to pay the costs of the Arbitration proceedings. All other fees, such as attorneys’ fees and expenses of travel to the Arbitration, will be paid in accordance with JAMS Rules. The arbitration will be held at a location in the state of your residence if possible, unless you and Montanna Design (Island Style) both agree to another location or virtual Arbitration. To initiate Arbitration, you or Montanna Design (Island Style) must do the following things:

1. Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.

2. Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: JAMS [to your local JAMS office] .

3. Send one copy of the Demand for Arbitration to the other party.

Special rules in the Arbitration Proceeding.

1. Except for errors of law, the arbitrator’s decision is final and binding on all parties and may be enforced in any Federal or State court that has jurisdiction.

2. The substance of any dispute where public injunctive relief is available shall be decided by the ‎arbitrator. Only if the claimant succeeds on the claim permitting the remedy of a public injunction ‎may such claimant request that a court of competent jurisdiction enter an injunction in conformity ‎with the arbitral award. ‎

3. Neither you nor Montanna Design (Island Style) shall be entitled to join or consolidate claims in Arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity.

THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER.

Accordingly, you and Montanna Design (Island Style) agree that the JAMS Class Action Procedures do not apply to our Arbitration. A court may sever any portion of this dispute resolution provision if it finds such unenforceable, except for the prohibition on class, representative and private attorney general arbitrations. Notwithstanding the obligation to arbitrate all Claims under these Terms, you may assert an individual Claim in small claims court in lieu of Arbitration.

Limited Time to File Claims

You agree that you will assert any Claim arising out of your use of any Montanna Design (Island Style) Site or the purchase of any Montanna Design (Island Style) product from this Site within one (1) year after the Claim arises, or such claim will be barred.

Severability and Enforceability

If any provision or portion of these Terms is held to be illegal, invalid, or unenforceable, in whole or in part, it shall be modified to the minimum extent necessary to correct any deficiencies or replaced with a provision which is as close as is legally permissible to the provision found invalid or unenforceable and shall not affect the legality, validity or enforceability of any other provisions or portions of these Terms.

Termination/Exclusion

We reserve the right, in our sole discretion, to revoke, terminate or suspend any and all privileges associated with accessing the Site for any reason or for no reason whatsoever, including improper use of the Site or failure to comply with these Terms, and to take any other action we deem appropriate.

Provisions relating to Copyrights, Trademarks, Disclaimers, Limitations of Liability, Indemnification, Waiver, Modifications, User-Generated Content, Assignment of Rights, Choice of Law, Jurisdiction, Forum, Dispute Resolution, and Limitations on Time to File Claims, shall survive any termination.

User Suggestions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to Montanna Design (Island Style) through the Site are not confidential and you grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions. Steward shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you.

Changes to Terms

We may revise these Terms at any time, with or without notice, by updating this page, and such revisions will be effective upon posting to this page. Please check these Terms periodically for any changes. Your continued use of the Site following the posting of any revisions to these Terms will mean you accept those changes. We reserve the right to alter, suspend or discontinue any aspect of the Site, including your access to it. Unless explicitly stated, any new features will be subject to these Terms.

General

Montanna Design (Island Style)’ failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms.

We may assign, novate or subcontract any or all of our rights and obligations under these Terms at any time.

If you have any questions or comments on the Site or become aware of misuse of the Site by any person, please contact us at: support@islandstylesanibel.com.

Exclusions and Limitations; Consumer Protection Notice

If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your State or Country of residence. If you are a New Jersey consumer, the terms of Sections entitled Disclaimer, Limitation of Liability, Indemnification; Unauthorized Dealers and Resellers; Links to Other Sites; Disclaimer for User-Generated Content‎; Choice of Law and Forum; Limited Time to File Claims; Severability and Enforceability; and Geographic Limitations do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms as applied to you are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, Montanna Design (Island Style) reserves all rights, defenses and permissible limitations under the law of your state of residence. Notwithstanding the foregoing, nothing in this Section shall modify the Subsection B titled (“B. Formal Resolution by Arbitration / Class Action Waiver) of the Section titled (“Dispute Resolution; Information Resolution and Formal Resolution by Arbitration / Class Action Waiver”).

Entire Agreement

These Terms constitute the entire and exclusive agreement between you and Montanna Design (Island Style) regarding the Site and its use, and supersedes all other agreements, understandings and communications, if any, whether oral or written.

Contact Us

If you have any questions regarding these Terms or your use of our Site, please contact us at by e-mail at support@islandstylesanibel.com or by using the mailing information below:

Montanna Design (Island Style)
2365 Periwinkle Way
Sanibel, Florida 33957