Terms & Conditions
TERMS AND CONDITIONS
Agreements to Terms of Use: Welcome to http://www.Poshakdallas.com ("Poshak", “Poshak” or the
"Site"). Poshak LLC. and its affiliates provide website features to
you subject to the following Conditions and Terms of Use. We may change,
update, delete or add to these Conditions of Use over time, as permitted by
law. By accessing and using this Site, you agree to these Conditions of Use,
all other policies set forth within this Site, and all changes or modifications
to the foregoing. If you do not agree to these Conditions of Use, such
policies, or any modifications thereto, please do not use this Site. It is your
responsibility to review these Conditions of Use and applicable policies
periodically for changes. Your continued use of the Site following the posting
of changes will mean that you accept and are in full agreement with the
Site, its policies, conditions, and terms.
Privacy Policy: We respect the privacy of our customers and encourage you to read
our Privacy Policy to understand our practices so that you may make an informed
decision about using the Site.
Customer Communications: When you visit Poshak Dallas 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 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. We welcome your comments
and feedback. All communications and comments submitted to Poshak Dallas are
non-confidential. We reserve the right to use any ideas, concepts, comments,
techniques, visuals, suggestions or communications. All comments, feedback,
suggestions and submissions shall be and remain Poshak’s property.
Content: All text, designs,
graphics, logos, page headers, button icons, scripts, service names, manuals,
technical documentation, product information, user interfaces, visual
interfaces, images, photographs, trademarks, sounds, music, and artwork
(collectively, "Content"), including but not limited to the design,
structure, selection, coordination, expression, "look and feel," and
arrangement thereof, contained on the Site is owned, controlled or licensed by
or to Poshak, and is protected by trade dress, copyright, patent and trademark
laws, and various other intellectual property rights and unfair competition laws.
Our content may not be used in connection with any product or service that is
not Poshak’s property, in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits Poshak. All other
trademarks not owned by us 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 us. We at Poshak aggressively enforce our property rights to the
fullest extent of the law.
License and Site Access: You are granted a limited, right to access this Site and print
the Content for your personal, non-commercial, and informational use only. The
foregoing license grant does NOT include the right for you to: 1) publish,
publicly perform or display, or distribute to any third party any Content,
including reproduction on any computer network or broadcast or publications
media; 2) market, sell or make commercial use of this Site or any Content; 3)
systematically collect and use of any data or content including the use of any
data spiders, robots, or similar data gathering, mining or extraction methods;
4) make derivative uses of this Site or the Content; or 5) use, frame or
utilize framing techniques to enclose any portion of this Site (including the
images found at this Site or any text or the layout/design of any page or form
contained on a page).
Your
use of this Site constitutes your agreement and acceptance without modification
of these Conditions of Use. In addition, as a condition of your use of this
Site, you represent and warrant to Poshak that you will not use this Site for
any purpose that is unlawful, immoral or prohibited by these Conditions of Use.
If you do not agree and accept without modification these Conditions of Use, do
not use this Site. Other than this agreement and agreements between you and Poshak
relating to the sale of products or services to you through this Site, Poshak
will not enter into any agreement with you or obligation to you through this
Site and no attempt to create such an agreement or obligation will be
effective. Any unauthorized use terminates the permission or license granted by
Poshak and may violate applicable law including copyright laws, trademark laws
(including trade dress), and communications regulations and statutes. You are
granted a limited, revocable, and nonexclusive right to create a hyperlink to
the home page of Poshak Dallas so long as the link does not portray Poshak, or
its products or services in a false, misleading, derogatory, or otherwise
offensive matter. You may not use any Poshak logo or other proprietary graphic
or trademark as part of the link without express written permission.
Your 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. Poshak sells products for children, but does
not sell products to children. Poshak sells products to adults only, and by
using this Site you are representing that you are 18 years old or older. If you
are under 18, you may use Poshakdallas only with the involvement of a parent or
guardian. Poshak will not be liable for any damages that may result from
misrepresentation of age by a user of our Site. We 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 PacSun.com are made pursuant to a
shipment contract. This means that the risk of loss and title for such items
pass to you upon our delivery to the carrier.
Accuracy, Product Descriptions, and Pricing: Poshak strives to be as accurate as
possible with its product descriptions and pricing information listed on Poshakdallas.
However, Poshak does not warrant that product descriptions, pricing
information, or other content on the Site is accurate, complete, reliable,
current, or error-free. While we will use our best efforts to fulfill all
orders, Poshak cannot guarantee the availability of any particular product
displayed on the Site. Poshak reserves the right to discontinue the sale of any
product listed on the Site at any time without notice. If upon receipt of a
product offered by Poshak you find that it is not as described on the Site,
your sole remedy is to return it in unused condition.
Product
prices offered on this Site may vary from other advertised prices due to
varying conditions in different geographic markets. The prices displayed on
this Site are quoted in U.S. dollars and are valid and effective only within
the United States, and such prices do not include shipping and handling or
sales taxes, if applicable, which will be added to your total invoice price.
You are responsible for the payment of any shipping and handling charges and
state and local sales or use taxes that may apply to your order. Poshak cannot
confirm the price of an item until you order; however, we do not charge your
credit card until after your order has entered the shipping process. Despite
our best efforts, a small number of the items in our catalog may be mispriced.
In the event of a pricing error on an item you have ordered, we will notify you
and await your approval of the corrected price before continuing with your
order.
Choice of Law: Poshak
controls this Site from its offices within the State of Texas. By visiting Poshakdallas,
you agree that the laws of the state of Texas, without regard to principles of
conflict of laws, will govern these Conditions of Use and any dispute of any
sort that might arise between you and Poshak.
SIte Policies, Modifications, and Severability: Please review any other policies posted on
and throughout this website. These policies also govern your visit to the Site.
We reserve the right to make changes to our Site, policies, and these
Conditions of Use at any time. If any of these Conditions of Use 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. No modification of these Conditions of Use shall be
effective unless it is authored by Poshak, or unless it is physically signed in
blue ink by a Poshak officer. Any alleged waiver of any breach of this
agreement shall not be deemed to be a waiver of any future breach.
General: Poshak’s performance
of these Conditions of Use is subject to existing laws and legal process and
nothing contained in this agreement is in derogation of our right to comply
with law enforcement requests or requirements relating to your use of this Site
or information provided to or gathered by Poshak with respect to such use.
These Conditions of Use, including our Privacy Policy, constitute the entire
agreement between you and Poshak with respect to this Site. This agreement
supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between you and Poshak with respect to this Site.
A printed version of these Conditions of Use and/or of any notice given by Poshak
in electronic form shall be admissible in judicial or administrative
proceedings. This can be based upon, relating to, but not limited to, these
Conditions of Use or your use of this Site.
The
section titles in these terms of service are for convenience only and have no
legal or contractual effect.
Contacting And Communictaing WIth Us: If you have any questions about these
Conditions of Use, please call us, or click here. Although Poshak will in most circumstances be able to receive
your e-mail or other information provided through this Site (including, without
limitation, account registrations, orders, and other submissions), Poshak does
not guarantee that it will receive all such e-mail or other information timely
and accurately and shall not be legally obligated to read, act on or respond to
any such e-mail or other information. Be aware that an internet e-mail
typically is not secure.
COPYRIGHT AND TRADEMARK
TRADEMARK: "Poshak" is a registered TRADEMARK protected by
trademark laws of The United States of America. "Poshak'
AND its OPERATING LOGO are both trademarked by The United
States Patent and Trademark Office. Any imitation or
duplication of the entity by use of a name similar to "Poshak" or
duplication of logo will be pursued to the greatest extent by law:(Federal:
up to 15 years in prison and penalties not to exceed $250,000.00).
If
you have any questions about these Conditions of Use, please contact us.
It is advised to read
through the website's privacy policies, regulations, terms of use,
trademarking, and other rules automatically agreed to adhere through the use of
this website and all of its subsidiaries.
Poshak © 2016