By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion 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 by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
INTELLECTUAL PROPERTY OWNERSHIP AND USE
Please be aware that as you visit and navigate the Website, your use of our Website is subject to applicable laws governing ownership and use of intellectual property, including our trademarks and copyrights.
We own all rights in and to the Pemberley Rose trademark and other trademarks and logos that appear on our site. In addition, some other trademarks may appear on our Website that are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates.
All designs, text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations appearing on the website, as well as the software used to create them, are owned by us or used with permission by us and are protected by U.S. and foreign copyright laws. You may electronically copy and/or print “hard copies” from the Website solely for personal, non-commercial purposes related to placing an order or shopping on the Website. Any other use of any content included on the Website, including linking or framing this Website, is strictly prohibited unless you first obtain prior written consent from us or the owner of the material you wish to use.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. 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 current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for 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 shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively 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 as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s 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 may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Nothing on the Website constitutes a binding offer to sell products described on the Website or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. The prices displayed on the Website are quoted in U.S. dollars and must be paid in U.S. dollars. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from 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 approve of the terms on which tools are provided by the relevant third-party provider(s).
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 shall also be subject to these Terms of Service.
Certain content, products and services available via 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 or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical 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 prior notice (including after you have submitted your order). In addition, you acknowledge that the particular technical specifications and settings of your computer and your monitor could affect the accuracy of the display and the colors and look of products shown on the Website.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh 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 modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit 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 will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant 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 to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either 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 case shall Pemberley Rose LLC, 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, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
We make no representations or warranties of any kind, whether express or implied, with respect to this Website, its content, or the information available on or through it; this Website is provided ‘as is’, with all faults. We make no representations or warranties of any kind that the Website will meet your requirements or will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the Website or the server that houses it are free of viruses or bugs or are fully functional, accurate, or reliable.
You agree to indemnify, defend and hold harmless Pemberley Rose LLC 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.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password, regardless of whether such use is authorized by you or not.
We respect the intellectual property rights of others and require that our users do the same. If you believe your work is being used in connection with our Website in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the Website, please notify us by sending an email to the following address: [email protected]
In order for us to better assist you, please include all of the following details:
A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf;
A description of the copyrighted work or other right you claim has been infringed or violated;
Information reasonably sufficient to locate the material in question on the Website;
Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact you;
A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.
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 to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either 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 cease 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 also may 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 accordingly may deny you access to our Services (or any part thereof).
The failure of us 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 policies or operating rules posted by us on this site or in respect to The Service constitutes 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, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to 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 acceptance of those changes.
LIMITATION OF LIABILITY
We will not be liable for any economic losses, damage to property or data, or any loss of goodwill or reputation, or any other special or indirect or consequential losses arising out of your use of the Website. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages.
By visiting pemberleyrose.com, you agree that the laws of the State of California without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between us or any of our affiliates regarding your visit and use of our website.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California Website users are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at [email protected]gov.
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
TYPES OF INFORMATION COLLECTED
We collect two types of information from you: information that specifically identifies you (“Personal Information”) and information that does not identify you as a person (“Non-Personally Identifiable Information”)
We sometimes ask you for certain kinds of Personal Information to provide the services you request. This information includes:
Shopping – Through this website, you will be able to purchase Pemberley Rose products. We ask for information such as your name, billing and shipping address, telephone number, email address and payment card information in order to process your purchase confirm your order and ship the items to you. If you opt receive our emails, we may use your Personal Information to communicate with you about our products, services and promotions.
My Account – You have the ability to create an account with Pemberley Rose, which allows you to shop faster and easier. Using an email address as your user name and password of your choice, you may access your account online at any time to add, delete, or change information. By creating this account, you authorize Pemberley Rose to store your name and email address. Should you elect to do so, you may also include in your ‘My Account’ your telephone number, payment card information, and shipping and billing addresses. If you choose to include such additional information then you are authorizing Pemberley Rose to store such information until such time you elect to change or delete it. Each of these options is for your convenience only. If you ever use a public computer to visit the “My Account” section of our Website, we strongly encourage you to log out at the conclusion of your session. By doing so, although your information will still be stored with us, it will not be accessible to anyone else from that computer.
Email List – When you create an account with Pemberley Rose, you will be given the option to be added to the Pemberley Rose email list. Whether or not you select this option; your Personal Information will never be sold to anyone. Subscriptions to the email list can be cancelled at any time. To be removed from our email list, please email us at [email protected] and include your name and the address in the message, or click the unsubscribe button found at the bottom of the emails we send you.
Purchases – When you place an order, you will be asked to provide your credit card information. Pemberley Rose does not store credit card information unless you choose to include it in your “Account” (see above).
Customer Service – If you call Customer Service, we may ask for information such as your name, email address, mailing address, telephone number, and if you choose to make a purchase, your credit card information. We use this information to assist you and to process your transaction.
Surveys, Sweepstakes and Promotions – On this website, you may be able to participate in surveys, sweepstakes and promotions. If you choose to participate in these promotions, we may request information such as your name, age, email address, mailing address, telephone number and interests or product preferences. This Personal Information is used to enter in to our contests, sweepstakes and promotions. We may use this information to communicate with you about our products, services and promotions, but only if you have given us your consent to do so.
Email to a Friend – You may be able to share certain content from this website with your friends. In order to do so, we may ask for information such as your name, email address, zip code and telephone number. We will not include any other advertisements within the message sent your friends, and we will not collect the emails of any friends to who you share content unless such friends choose to be added to our email list.
NON-PERSONALLY IDENTIFIABLE INFORMATION
We may also use various analytical tools in connection with the Website to collect information about your visit, including the pages you view, the features you use, the links you click, and other actions you take in connection with the Website. This information may include your computer’s Internet protocol (IP) address, your browser type, your operating system, date and time information, and other technical information about your computer. We may also track certain information about the identity of the web site you visited immediately before coming to the Website. This information is collected anonymously, and none of this information is identified with you as an individual or contains any Personal Information.
USE OF YOUR PERSONAL INFORMATION
We use the Personal Information we collect for various purposes, including:
OTHERS WITH WHOM WE MAY SHARE YOUR PERSONAL INFORMATION
Affiliated Companies and Service Providers: We may also disclose your Personal Information to our affiliated companies and to consultants and/or outside companies that help us operate and maintain our Website and provide the products and services we offer. For example, we may work with such consultants and/or outside companies to: (a) manage a database of customer information (b) assist us in distributing emails (c) assist us with direct marketing and data collection (d) provide us with data storage and analysis (e) provide fraud prevent (f) provide customer service by phone and (g) engage in other services designed to assist us in developing, operating and maintaining our Website and maximizing our business potential. We require that our affiliated companies and these consultants and outside companies agree to keep confidential all Personal Information we share with them and to use the Personal Information only to perform their obligations in their agreements with us.
Compliance with Law: We may provide access to your Personal Information when legally required to do so, to cooperate with police investigations or other legal proceedings, to protect against misuse or unauthorized use of our Website, to limit our legal liability and protect our rights, and to protect the rights, property or safety of visitors to this Website and the public.
Transfer of Assets: In addition, if we go through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information will likely be among the assets transferred and will be disclosed during the process of negotiating such business transition, pursuant to a suitable confidentiality order.
LINKS TO OTHER SITES
While visiting our Website, you may link to sites operated by third parties or you may have come to our Website by clicking on a link in another website. This does not mean that we endorse these websites or the goods/services advertised or offered on those websites. We do not make any representations or warranties about any third-party website that you may access through our Website. They are independent from us, and we have no control over, or responsibility for, their information or activities.
We use Secure Socket Layers (SSL), the industry standard in transferring information to process your orders. The SSL encrypts, or translates, your order information into a highly indecipherable code, which is processed immediately. All credit card transactions occur in a secure area of our Website, to protect you from any loss, misuse or alteration of information collected. When you have finished shopping and begin the checkout process, you will move into the secure area of our Website. Once you’ve entered, the page address (URL) will change from http to https, to let you know you are in a secure area. Also, a key or a closed lock will appear in the lower right hand corner of your screen to notify you of this change. You will remain in this secure zone for the entire checkout process.
OPTING OUT OF EMAIL COMMUNCATIONS
You will receive promotional emails from us only if you have asked to receive them. If you do not want to receive e-mails from us you may click on the “unsubscribe” link at the bottom of any email communication sent by us. Please allow us 12 business days from when the request was received to complete the removal, as some of our promotions may already have been in process before you submitted your request.
A common Internet scam known as ‘phishing’ is when you receive an email from what appears to be a legitimate source requesting personal information from you. Please be aware that we will NEVER send you an email requesting you to verify credit card, bank information, or any other Personal Information. If you ever receive an email that appears to be from us requesting such information from you, DO NOT respond to it, and DO NOT click on any links appearing in the email.
CALIFORNIA PRIVACY RIGHTS
Under California Civil Code sections 1798.83 – 1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information we share with third parties or corporate affiliates for those third parties or corporate affiliate’s’ direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a request via email to [email protected] or mail to: Pemberley Rose LLC, 1070 Florence Way, Campbell, CA, 95008. Please allow up to 60 days for a response.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact us by email at [email protected]