Terms of service
Last updated: May 16, 2019
Please read these WEBSITE TERMS AND CONDITIONS ("Terms", "TERMS AND CONDITIONS") carefully before using the PINEAPPLES AND PALM TREES Website (“Website”) operated by PINEAPPLES AND PALM TREES ("Us", "We", "Our", “Seller”).
Your access to and use of the Website and its services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Website and its services.
By accessing or using this Website and its services you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Website or use its services.
Introduction
These Terms contained herein on this webpage, shall govern your use of this Website, including all pages within this Website. These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all TERMS AND CONDITIONS contained herein, in full. You must not use this Website, if you have any objection to any of these TERMS AND CONDITIONS.
This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.
Applicable Law
By visiting PINEAPPLES AND PALM TREES, you agree that the laws of the state of California, United Sates of America, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and PINEAPPLES AND PALM TREES or its associates.
Privacy
Please review our Privacy Policy, which also governs your visit to our website.
Intellectual Property Rights, License And Website Access
Under these Terms, PINEAPPLES AND PALM TREES and/or its licensors own all rights to the intellectual property and material (“Content”) contained in this Website, and all such rights are reserved. Content shall mean any audio, video, text, images or other material We choose to display on this Website.
PINEAPPLES AND PALM TREES grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of PINEAPPLES AND PALM TREES.
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website,
You are expressly and emphatically restricted from all of the following: publishing any Website material in any media; collecting and using of any product listings, descriptions, or prices; selling, sublicensing and/or otherwise commercializing any Website material; downloading or copying of account information for the benefit of another merchant; using data mining, robots, or similar data gathering and extraction tools; you may not use any meta tags or any other "hidden text" utilizing PINEAPPLES AND PALM TREESs name or trademarks without the express written consent of PINEAPPLES AND PALM TREES publicly performing and/or showing any Website material; using this Website in any way that is, or may be, damaging to this Website; using this Website in any way that impacts user access to this Website; using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity; engaging in any data mining, data harvesting, data extracting or any other similar; activity in relation to this Website, or while using this Website; using this Website to engage in any advertising or marketing; You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PINEAPPLES AND PALM TREES and our associates without express written consent.
Using this Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of PINEAPPLES AND PALM TREES.
Any unauthorized use terminates the permission or license granted by PINEAPPLES AND PALM TREES.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of PINEAPPLES AND PALM TREES so long as the link does not portray PINEAPPLES AND PALM TREES, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
You may not use PINEAPPLES AND PALM TREES logo or other proprietary graphic or trademark as part of the link without express written permission.
Electronic Communications
When you visit PINEAPPLES AND PALM TREES or send e-mails to Us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, text, or by posting notices on this site.
You agree that all agreements, notices, disclosures and other communications that We provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright
All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of PINEAPPLES AND PALM TREES or its content suppliers and protected by international copyright laws.
The compilation of all content on this site is the exclusive property of PINEAPPLES AND PALM TREES, with copyright authorship for this collection by PINEAPPLES AND PALM TREESand protected by international copyright laws.
Trademarks
PINEAPPLES AND PALM may not be used in connection with any product or service that is not PINEAPPLES AND PALM TREES or any company We represent, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discreditsPINEAPPLES AND PALM TREES or any company We represent.
All trademarks not owned by PINEAPPLES AND PALM TREES that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PINEAPPLES AND PALM TREES.
Restrictions
Certain areas of this Website are restricted from access by you and PINEAPPLES AND PALM TREES may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion.
Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
Purchase Price And Terms of Payment
Materials shipped against these Terms shall be invoiced at the price set forth in the Order. Unless otherwise specified on the order, payment of the purchase price shall be at the time.
The purchase price for the products shall include all taxes (if applicable), or other governmental charges due with respect to the purchase.
Buyer shall be responsible for all shipping and insurance costs, unless otherwise stated by Seller.
Reviews, Comments, Emails, And Other Content
Visitors may post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.
PINEAPPLES AND PALM TREES reserves the right, but not the obligation, to remove or edit such content but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant PINEAPPLES AND PALM TREES and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You grant PINEAPPLES AND PALM TREES and its associates the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person or entity, and that you will indemnify PINEAPPLES AND PALM TREES or its associates for all claims resulting from content you supply.
PINEAPPLES AND PALM TREES has the right, but not the obligation, to monitor and edit or remove any activity or content. PINEAPPLES AND PALM TREES takes no responsibility and assumes no liability for any content posted by you or any third party.
Links To Other Web Sites
Our Website may contain links to third-party web sites or services that are not owned or controlled PINEAPPLES AND PALM TREES.
PINEAPPLES AND PALM TREES has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that PINEAPPLES AND PALM TREES shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
No Warranties
This Website is provided “as is,” with all faults, and PINEAPPLES AND PALM TREES makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
Limitation Of Liability
In no event shall PINEAPPLES AND PALM TREES, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and PINEAPPLES AND PALM TREES, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
Indemnification
You hereby indemnify to the fullest extent PINEAPPLES AND PALM TREES from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
Modification Of Terms And Severability
PINEAPPLES AND PALM TREES is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all Terms and conditions governing use of this Website.
Please review our other policies, such as our Refunds, Returns and Exchanges policy, posted on this site. These policies also govern your visit to this Website. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Assignment
PINEAPPLES AND PALM TREES shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Entire Agreement
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between PINEAPPLES AND PALM TREES and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
Governing Law and Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of California, and you submit to the non-exclusive jurisdiction of the state and federal courts located in California for the resolution of any disputes.
Your Membership Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
If you are under 18, you may use our website only with involvement of a parent or guardian. PINEAPPLES AND PALM TREES and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Risk of Loss
All items purchased from PINEAPPLES AND PALM TREES are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.
Product Descriptions
PINEAPPLES AND PALM TREES and its associates attempt to be as accurate as possible. However, PINEAPPLES AND PALM TREES does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by PINEAPPLES AND PALM TREES itself is not as described, your sole remedy is to return it in unused condition.
Disclaimer
Disclaimer of warranties and limitation of liability this site is provided by PINEAPPLES AND PALM TREES on an "as is" and "as available" basis. PINEAPPLES AND PALM TREES makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site.
You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, PINEAPPLES AND PALM TREES disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. PINEAPPLES AND PALM TREES does not warrant that this site, its servers, or e-mail sent from PINEAPPLES AND PALM TREES are free of viruses or other harmful components.
PINEAPPLES AND PALM TREES will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Disputes
Any dispute relating in any way to your visit to PINEAPPLES AND PALM TREES or to products you purchase through PINEAPPLES AND PALM TREES shall be submitted to confidential arbitration in California, United States of America, except that, to the extent you have in any manner violated or threatened to violate PINEAPPLES AND PALM TREES intellectual property rights, PINEAPPLES AND PALM TREES may seek injunctive or other appropriate relief in any state or federal court in the state of California, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Contact Information Questions about the Terms of Service should be sent to support@pineapplesandpalmtrees.net