Terms and Conditions of Service
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are the age of majority in your state or province of residence and you have given us your consent to use this site. You may not use our products for any illegal or unauthorized purpose or, in using the Service, violate the laws of your jurisdiction (including, without limitation, copyright laws). It is not necessary to transmit any worms or viruses or code of a destructive nature. A violation of any of the Terms will result in legal termination.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse our services to anyone for any reason at any time. Credit card information is always encrypted when being transferred over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service or access to the Service or any contact on the website through which the service is provided, without express written permission from us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information made available on this site is not accurate, complete or up to date. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not up-to-date and is provided for reference only. We reserve the right to change the contents of this site at any time, but we are under no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - CHANGES TO THE SERVICE AND PRICES
The prices of our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension or termination of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Some products or services may only be available online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our return policy. We have made every effort to display the colors and images of our products that appear in the shop as accurately as possible. We cannot guarantee that your computer monitor display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We can exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions or product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any time. We do not warrant that the quality of any products, services, information or other material purchased or obtained from you will meet your expectations or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order placed with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed from the same customer account, on the same credit card, and/or orders using the same billing and/or shipping address. In the event we make a change or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time of the order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by retailers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary. Please see our returns policy for more details.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third party tools over which we have no control or input. You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis without warranties, representations or conditions of any kind and without any endorsement. We assume no liability arising out of or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and agree to the terms under which the tools are provided by the relevant third party providers. We may also in the future offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services will also be subject to these Terms of Service.
SECTION 8 - THIRD PARTY LINKS
Certain content, products, and services available through our Service may include materials from third parties. Third party links on this Site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability for any third-party materials or Web sites, or for any other third-party materials, products or services. We are not responsible for any damages or harm related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third party websites. Please review the policies and practices of third parties carefully and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to the third party.
SECTION 9 - COMMENTS, RESPONSES AND OTHER USER SUBMISSIONS
If you wish to send us creative ideas, suggestions, proposals, plans or other materials, whether online, by email, mail or otherwise (collectively, comments), you agree that we may, at any time, without limitation, edit, publish, distribute, translate and otherwise use the comments in confidence; pay compensation for any comments; and respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine to be offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party's intellectual property or these Terms of Service. You agree to your comments, including copyright, trademark, privacy, personality or other personal or proprietary rights. You may not be able to use any software or related software that may affect the operation of the Service or any related websites. You may not use fake email addresses, pretend to be someone else, or otherwise mislead us or third parties as to the origin of any comments. We assume no responsibility or liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS AND OMISSIONS
Occasionally there may be information on our website or in the Service that contains errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without notice (including after you have submitted your order). We assume no obligation to update, change or clarify any information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or update date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been changed or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions set forth in the Terms of Service, you may not use the Site or its content: (a) for any unlawful purpose; (b) solicit others to perform or participate in any unlawful act; (c) violate any international, federal, provincial or state regulation, standard, law or ordinance; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to provide false or misleading information (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Service or any related websites, other websites or the Internet; (h) to harvest or track personal information about any third party; (i) to spam, phish, pharm, pretend, spider, search by indexing or scrap; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Service or any related websites, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violation of these prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant, represent or guarantee that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice. You expressly agree that your use or inability to use the service is at your sole risk. The service and all products and services provided to you through the service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representations, warranties or conditions of any kind, express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement. In no event shall POCHLY, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, lost data, replacement costs or similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising out of your use of the service or products purchased through the service, or for any other claim related in any way to your use of the service or any products, including, without limitation, errors or omissions in content, or any loss or damage of any kind incurred as a result of your use of the service or any content (or products) posted, transmitted, or otherwise made available through the service, even if advised of the possibility thereof. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless POCHLY and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - LEGAL
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law and the unenforceable portion shall be deemed severed from these Terms of Service, such determination not affecting the validity and enforceability of any remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the date of termination shall survive the termination of this Agreement for all purposes. These Terms of Service are effective unless and until terminated by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you stop using our Site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any operating policies or rules posted by us on this Site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Service). Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 - CHANGES TO THE TERMS OF SERVICE
You may review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service by posting updates and modifications on our website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Additional questions about the Terms of Service may be sent to firstname.lastname@example.org.