Terms & Conditions - Legal
AGREEMENT BETWEEN USER AND www.pinkpearlinc.com
Welcome to www.pinkpearlinc.com. The www.pinkpearlinc.com website (the "Site") is comprised of various web pages operated by Pink Pearl, LLC ("Pink Pearl, LLC"). www.pinkpearlinc.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.pinkpearlinc.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.pinkpearlinc.com is an E-Commerce Site.
Pink Pearl's website is utilized to purchase specific herbal blends created solely by Pink Pearl. These herbal blends are used by women for yoni steaming.
The terms “we,” “us,” and “our” refer to Pink Pearl, LLC. The term the “Site” refers to www.www.pinkpearlinc.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site. The web content, videos, and photos and all information on the Site including but not limited to newsletters, e-courses, events and e-books refer to the “Service”.
Use of www.pinkpearlinc.com, including all materials presented herein and all online services provided by Pink Pearl, LLC, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Visiting www.pinkpearlinc.com or sending emails to Pink Pearl, LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
USE OF THE SITE & SERVICE
Pink Pearl does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may not access or use www.pinkpearlinc.com. Access of or the use of this Site, constitutes that you have the requisite power and authority to enter into these Terms and Conditions.
Information provided on the Site is subject to change. Pink Pearl, LLC makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Pink Pearl, LLC disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Pink Pearl, LLC will always be accurate, correct, and up to date.
You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
LAWFUL PURPOSES/INTELLECTUAL PROPERTY
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Pink Pearl, LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Pink Pearl, LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Pink Pearl, LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Pink Pearl, LLC or our licensors except as expressly authorized by these Terms.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the materials, and that the use or display of the materials will not violate any laws, rules, regulations, or rights of third parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to Pink Pearl, LLC. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Pink Pearl, LLC remains yours to the extent that you have any legal claims therein. You agree to hold Pink Pearl, LLC harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
The Service is controlled, operated and administered by Pink Pearl from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Pink Pearl Content accessed through www.pinkpearlinc.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
TERMINATION/ACCESS RESTRICTION OR REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. Pink Pearl, LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of South Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in South Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Pink Pearl, LLC as a result of this agreement or use of the Site. Pink Pearl, LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Pink Pearl, LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Pink Pearl, LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Pink Pearl, LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Pink Pearl, LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.
CANCELLATIONS, REFUNDS & RETURNS
We handle refunds and cancellations on a case-by-case basis with the ultimate objective of satisfying the customers. We stand by our goods and services and want customers to be satisfied with them. We’ll always do our best to take care of customers. We do our best on maintaining a "treat other's how you want to be treated" philosophy. Due to the nature of our products, we have a no refund policy for products that have been confirmed as delivered by the USPS or other shipping agency. We will do our absolute best to mediate every concern.
We endeavor to describe the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PINK PEARL, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
www.pinkpearlinc.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Pink Pearl, LLC and Pink Pearl, LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Pink Pearl, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Pink Pearl, LLC of the site or any association with its operators.
Certain services made available via www.pinkpearlinc.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.pinkpearlinc.com domain, you hereby acknowledge and consent that Pink Pearl, LLC may share such information and data with any third party with whom Pink Pearl, LLC has a contractual relationship to provide the requested product, service or functionality on behalf of www.pinkpearlinc.com users and customers.
You agree to indemnify, defend and hold harmless Pink Pearl, LLC its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Pink Pearl, LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Pink Pearl in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties within Dorchester County, South Carolina. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
CLASS ACTION WAIVER
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Pink Pearl agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
All notices, requests, demands, and other communications under this agreement shall be made in writing and properly addressed as follows:
Pink Pearl, LLC
6650 Rivers Ave Ste 105 #61093
North Charleston, SC 29406-4829
GOVERNING LAW; VENUE; MEDIATION
This agreement shall be construed in accordance with, and governed by, the laws of the State of South Carolina as applied to contracts that are executed and performed entirely in South Carolina. The exclusive venue for any arbitration or court proceeding based on or arising out of this agreement shall be Dorchester County, South Carolina. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this agreement by mediation, which shall be conducted under the then current mediation procedures of The Alternative Dispute Resolution Rules or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
- Statements made by Pink Pearl, LLC have not been evaluated by the Food and Drug Administration (FDA). 2. Information regarding the use of Pink Pearl Yoni Steam Herbs is not intended to diagnose, treat, cure, or prevent any disease, and is not intended to substitute for advice given by a holistic healthcare provider, physician, pharmacist, or other licensed health-care professional that diagnoses and treats medical conditions. 3. Pink Pearl, LLC does not guarantee any specific outcome as a result of using the Pink Pearl Yoni Steam Herbs, as everybody is different and will respond to this herbal treatment in its unique way. 4. Users of the Pink Pearl Yoni Steam Herbs agree to follow the instructions outlined on the product packaging to avoid injury, assuming the risk inherent in applying botanicals and steam to sensitive skin. 5. In no event shall Pink Pearl, LLC be liable for any direct, indirect, punitive, incidental or special consequential damages whatsoever arising out of or connected with the use or misuse of our products.
Please see also the page labeled “Cautions” for further information.
CHANGES TO TERMS
Pink Pearl, LLC reserves the right, in its sole discretion, to change the Terms under which www.pinkpearlinc.com is offered. The most current version of the Terms will supersede all previous versions. Such changes are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these changes. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions. Pink Pearl, LLC encourages you to periodically review the Terms to stay informed of our updates.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Pink Pearl, LLC welcomes your questions or comments regarding the Terms:
Pink Pearl, LLC
6650 Rivers Ave Ste 105 #61093
North Charleston, SC 29406-4829
Email Address: firstname.lastname@example.org
Telephone number: (843) 410-9495
These Terms and Conditions are Effective as of April 20, 2018