Welcome to the PinksandGreens.com and PGACtive.com websites (the "Sites"). AMD PINKS AND GREENS INC provides services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any of our services (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. We reserve the right to change these Sites and these terms and conditions at any time. Accessing, browsing or otherwise using the site indicates your agreement to all the terms and conditions in this agreement, so please read this agreement carefully before proceeding.
USE OF SITE
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Sites by displaying them on your internet browser only for the purpose of shopping for personal items sold on the Sites and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit these Sites or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Sites or make any use of the Sites for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
You shall not upload to, distribute, or otherwise publish through these Sites any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Content provided on these Sites is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health related condition. Submissions or opinions expressed on these Sites are that of the individual expressing such Submission or opinion and may not reflect our opinions. Product representations expressed on these Sites are that of the vendor and are not made by us.
We may assign you a password and account identification to enable you to access and use certain portions of these Sites. Each time you use a password or identification, you will be deemed to be authorized to access and use the Sites in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Sites. You will be solely responsible for all access to and use of these sites by anyone using the password and identification originally assigned to you whether or not such access to and use of these sites is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of the Sites' security.
All text, graphics, button icons, images, audio clips, and software (collectively, "Content"), belongs exclusively to AMD PINKS AND GREENS INC., or its affiliates. The collection, arrangement, and assembly of all Content on these Sites (the "Compilation") belongs exclusively to AMD PINKS AND GREENS INC. or its affiliates. All software used on these Sites (the "Software") is the property of AMD PINKS AND GREENS INC., its affiliates or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. PINKS AND GREENS, PINKSANDGREENS.COM, and other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of AMD PINKS AND GREENS INC., its affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.
REVIEWS AND COMMENTS
Except as otherwise provided elsewhere in this Agreement or on the Sites, anything that you submit or post to the Sites and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Sites, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on these Sites and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall 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 Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
These Sites may be accessed from countries other than the United States. These Sites may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use these Sites outside the United States you are responsible for complying with your local laws and regulations.
RISK OF LOSS; OTHER TERMS AND CONDITIONS
The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier pursuant to our standard terms and conditions, which you may access here https://store-3uqkp2wrwr.mybigcommerce.com/terms-and-conditions (and on the webpages to which that webpage links).
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
DISCLAIMER AND LIMITATION OF LIABILITY
Except as otherwise provided in the standard terms of sale that govern the sale of each product on this site, a copy of which you may access here https://store-3uqkp2wrwr.mybigcommerce.com/terms-and-conditions (and on the webpages to which that webpage links), these sites, the products offered for sale on it and the transactions conducted through it are provided by us on an "as is" basis. we make no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site except as provided here https://store-3uqkp2wrwr.mybigcommerce.com/terms-and-conditions (and on the webpages to which that webpage links) to the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, noninfringement, title, quiet enjoyment, data accuracy and system integration. this site may include inaccuracies, mistakes or typographical errors. we do not warrant that the content will be uninterrupted or error free.
To the maximum extent permitted by law, we will not be liable for any damages of any kind arising from the use of this site, including, but not limited to indirect, incidental, punitive, exemplary, special or consequential damages. to the maximum extent permitted by applicable law, our total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to us during the month immediately preceding the act allegedly giving rise to our liability.
The Sites may contain links to other websites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such website.
You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.