Terms and Conditions
- BY ENTERING THIS SITE YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.
2. BY ENTERING THIS SITE YOU ACKNOWLEDGE AND AGREE THAT THIS SITE WILL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. IF YOU USE THIS SITE FROM OTHER LOCATIONS YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS. HIGH DESERT FOOD FESTIVAL MAKES NO REPRESENTATIONS THAT THE MATERIALS CONTAINED WITHIN THIS SITE ARE APPROPRIATE FOR LOCATIONS OUTSIDE THE UNITED STATES. ANY AND ALL INFORMATION CONTAINED IN THIS SITE, INCLUDING BUT NOT LIMITED TO INFORMATION REGARDING PRODUCTS AND SERVICES, APPLIES ONLY TO THOSE PROVIDED OR OFFERED WITHIN THE UNITED STATES.
3. High Desert Food Festival is the copyright owner of this site and no portion of this site, including but not limited to the text, images, audio or video, may be used in any manner, or for any purpose, without High Desert Food Festival express written permission, except as provided for herein. Without in any way waiving any of the foregoing rights, you may download one copy of the material on this site for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark or other proprietary notices. Modification or use of the material on this site for any other purposes violates High Desert Food Festival legal rights.
4. By entering this site you acknowledge and agree that your use is at your own risk and that none of the parties involved in creating, producing, or delivering this site is liable for any direct, incidental, consequential, indirect, or punitive damages, or any other losses, costs, or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, through the access to, use of, or browsing of this site or through your downloading of any materials, data, text, images, video or audio from this site, including but not limited to anything caused by any viruses, bugs, human action or inaction or any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections.
5. Although the specifications, features, illustrations, equipment and other information contained in the site are based upon up-to-date information, and while High Desert Food Festival makes all reasonable efforts to ensure that all material on this site is correct, accuracy cannot be guaranteed and High Desert Food Festival makes no warranties or representations as to its accuracy. All content information and materials contained in this site are provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
6. Do not post on this site, or transmit to this site, any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other material which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, promote the excessive or irresponsible consumption of alcohol, or otherwise violate any law or regulation. Notwithstanding the fact that High Desert Food Festival or other parties involved in creating, producing, or delivering this site, may monitor or review transmissions, posting, discussions, or chats, High Desert Food Festival and all parties involved in creating, producing or delivering this site, assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.
7. By entering this site you acknowledge and agree that any communication or material you transmit to this site or High Desert Food Festival, in any manner and for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to High Desert Food Festival may be used by High Desert Food Festival anywhere, anytime, and for any reason whatsoever.
8. By entering this site you acknowledge and agree that any name, logo, trademark, or servicemark contained on this site is owned or licensed by High Desert Food Festival and may not be used by you without prior written approval. High Desert Food Festival will aggressively enforce its intellectual property rights to the full extent of the law. Sound, graphics, charts, text, video, information, or images of places or people are either the property of High Desert Food Festival or used on this site with permission. Your use of any of these materials is prohibited unless specifically provided for on the site. Any unauthorized use of these materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy, and publicity rights.
9. Although this site may be linked to other sites, High Desert Food Festival is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering this site you acknowledge and agree that High Desert Food Festival has not reviewed all the sites linked to this site and is not responsible for the content of any off-site pages or any other site linked to this site. Your linking to any other off-site pages or other sites is at your own risk.
10. High Desert Food Festival reserves the right to revise this legal information at any time and for any reason and reserves the right to make changes at any time, without notice or obligation, to any of the information contained on this site. By entering this site you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the site to review these terms and conditions.
11. Sponsor: High Desert Food Festival.
All prices shown are in U.S. Dollars ($) and include applicable taxes, fees and charges, except as otherwise noted. All prices are subject to change due to imposition of taxes or other charges by governmental authorities. Other charges may be incurred that are not included in the quoted price.
Vendors Deposits and Payments
Payments must be made by credit card for internet sales. Accepted forms of payment are American Express®, MasterCard®, Discover® Card and Visa®.
A deposit of 100% or payment in full is required for the initial booking. The credit card used for deposit will automatically be charged upon acceptance.
If you prefer to pay the balance using an alternate credit card, please contact our office (760-647-5127) or the credit card used for deposit will be charged.
If an attempt is made to charge the credit card that was provided for payment and the charge is declined, then your reservation will be canceled.
Pricing of Components in the Package
We are not able to disclose the pricing of the components within the package.
Discounted lots and/or Free lots
Should a food and/or general vendor fail to attend the event for its entire duration, he or she or them agree to pay the full original cost of the spot offered at discounted price and/or free of charge and authorizes Website to charge the credit card on file the full original cost of the lot. Furthermore, the food and/or general vendor agrees that we are not required to provide any refund or other compensation whatsoever.
All purchased tickets and coupons are non-transferable and non-refundable.
Applicable Law and Responsibility
Both parties agree that all claims, disputes and matters whatsoever arising under or in connection with your booking and these policies and procedures shall be governed by the laws of the State of California (without regard to conflict of laws) and shall be litigated, if at all, in and before a court located in San Bernardino County, California, USA, to the exclusion of the courts of any other state or country. All proceedings to resolve or litigate a dispute in any forum shall be conducted on an individual basis between the parties and neither party shall seek to have any such action heard as a class action, private attorney general action or in any representative capacity. High Desert Food Festival is not responsible for any error or omission. High Desert Food Festival shall not be responsible or liable in any way for any loss, injury (including personal injury), or any damage caused or arising in connection with customer’s travel or other services or products provided through High Desert Food Festival, including but not limited to, any transportation, accommodations, attractions, meals, or other services, due to any acts of God, weather, strikes, acts of Government or other authorities, wars, civil disturbances, hijacks, thefts, or any other circumstances beyond our control. Upon a deposit for, and/or purchase of a ticket/s and/or coupon/s, or through an electronic acknowledgment of acceptance of these terms, the user accepts and agrees to these terms and conditions. This agreement constitutes the final, complete and exclusive understanding between the parties with respect to its subject matter and supersedes all prior or contemporaneous agreements in regard thereto. If either party commences legal action to interpret or enforce the terms of this agreement, the prevailing party in such action shall be entitled to recover reasonable attorneys’ fees and costs, including, without limitation, those costs incurred at the trial and appellate levels and in any bankruptcy, reorganization, insolvency or similar proceeding. The parties have not relied upon any promises, warranties or undertakings other than those expressly set forth in this agreement. If any provision of this agreement is deemed to be invalid or unenforceable by any court of competent jurisdiction, then the balance of this agreement shall remain enforceable, and such invalid or unenforceable provision shall be enforced by such court to the maximum possible extent.
Any and all disputes, claims, and causes of action arising out of or connected with this contract or the use of any event SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. This contract is made in the state in which the event is located and shall be governed exclusively by the substantive laws of such event state without giving effect to any conflict-of-laws rules requiring the application of the substantive law of any other jurisdiction, and except for California residents venue shall solely and exclusively be in a federal or state court located in such park state, and both parties hereby submit to the sole and exclusive personal jurisdiction of said courts and irrevocably waive any and all rights to object to such jurisdiction; provided, however, that for multi-state memberships, this contract is made in the state of California and shall be governed exclusively by the substantive laws of the state of California without giving effect to any conflict-of-laws rules requiring the application of the substantive law of any other jurisdiction. If any provision of this contract is deemed to be invalid or unenforceable by any court of competent jurisdiction, then the balance of this contract shall remain enforceable, and such invalid or unenforceable provision shall be enforced by such court to the maximum possible extent. I understand and agree that any electronic signature shall have the same force and effect as a written signature.
TICKETS AND COUPONS ARE NON-TRANSFERABLE, NON-REFUNDABLE, AND MAY BE REVOKED FOR MISUSE.
I ACCEPT THE TERMS OF THIS CONTRACT. I ACKNOWLEDGE RECEIPT OF THIS CONTRACT. I ACKNOWLEDGE THAT I HAVE RECEIVED, READ, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS.