Terms & Conditions
TERMS & CONDITIONS OF USE
1. TERMS OF USE
Welcome to the Palomar Fashion Web Site ('Site'). Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the 'Agreement').
2. DEFINITIONS
Palomarfashion.com is the interactive online service operated by Palomar Fashion (collectively, "The Company") on the World Wide Web of the Internet.
Our postal address is:
Palomar Fashion
651 Palomar St., Suite #A-19
Chula Vista, CA 91911
We can be reached via e-mail at support@palomarfashion.com.
3. GENERAL
We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, our Site from time to time.
4. USE RESTRICTIONS
You understand and accept that all information, data, text, software, music, sound, photographs, graphics, audio, video, message or other material appearing on this Site (collectively, 'Content') are owned by Palomar Fashion. You are expressly prohibited from using any Content without the express written consent of Palomar Fashion. Except as otherwise stated herein, none of the material may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means, without the prior written permission of Palomar Fashion. Permission is hereby granted to display, copy, distribute, and download the materials on this Site solely for personal, non-commercial use provided that you make no modifications to the materials and that all copyright and other proprietary notices contained in the materials are retained. You may not, without Palomar Fashion’s express written permission, 'mirror' any material contained on this Site or any other server. Any permission granted herein terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes.
5. TRADEMARKS
Palomar Fashion is a trademark, service mark, and/or trade name of Palomar Fashion. All other trademarks, service marks, and trade names contained in the Site are the properties of the respective owners. Palomar Fashion disclaims any proprietary interest in trademarks, service marks and trade names other than its own. No use of these marks may be made without the prior written authorization of Palomar Fashion, except as necessary to accurately identify the products or services of Palomar Fashion.
6. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Palomar Fashion on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, 'Comments') shall be and remain Palomar Fashion’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Palomar Fashion of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Palomar Fashion will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Palomar Fashion is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. You agree that Palomar Fashion may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that Palomar Fashion may use your information for marketing and promotional purposes.
7. MONITORING
Palomar Fashion shall have the right, but not the obligation, to monitor the content of the Website, including comments and e-mail, to determine compliance with this Agreement and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, Palomar Fashion shall have the right to remove any material that Palomar Fashion, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
8. USER CONDUCT
The Palomar Fashion Website shall be used for lawful purposes only. Any conduct by you that in Palomar Fashion’s discretion restricts or inhibits any other user from enjoying this Website will not be permitted.
9. PALOMAR FASHION’S COMMUNICATIONS TO YOU
You agree that Palomar Fashion may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Palomar Fashion’s products or services, or for such other purpose(s) as Palomar Fashion deems appropriate.
10. CONTESTS/PROMOTIONS
Any contests or promotions described or posted on this Site shall be governed by the rules regulating such event.
11. PRODUCT INFORMATION
Most Palomar Fashion products displayed at the Site are available at the Palomar Fashion store while supplies last. In some cases, merchandise displayed for sale at the Site may not be available at the Palomar Fashion store. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.
12. COLORS
We have made every effort to display, as accurately as possible, the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
13. LINKS TO OTHER WEB SITES AND SERVICES
To the extent that this Site contains links to outside services and resources, the availability and content of which Palomar Fashion does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
14. DISCLAIMER
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT PALOMAR FASHION SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. PALOMAR FASHION IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR WITH ANY OF PALOMAR FASHION’S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DICONTINUE USING THE WEBSITE.
15. INACCURACY DISCLAIMER
From time to time there may be information on Palomarfashion.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you are not completely satisfied with your Palomarfashion.com purchase, you may return it with your invoice to Palomar Fashion by mail. Please see our Return Policy for details.
16. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Palomar Fashion, its owners, employees, agents, distributors, vendors and related entities from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting or related to you use of the Site.
17. TERMINATION
This Agreement is effective unless and until terminated by either you or Palomar Fashion. You may terminate this Agreement at any time by e-mailing support@palomarfashion.com. Palomar Fashion also may terminate this Agreement at any time and may do so immediately without notice, and accordingly, deny you access to the Site, if in Palomar Fashion’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Palomar Fashion, you must promptly destroy all materials, downloaded or otherwise, obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
18. SEVERABILITY
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms of the Agreement will remain in full force and effect. Additionally, should either party terminate this Agreement, sections 1, 2, 4, 6, 14, 16, 17, 18 and 129of this Agreement shall remain in full force and survive the termination of this Agreement.
19. APPLICABLE LAW
This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts located in San Diego, California.
