Terms Of Service

Welcome to Polomas. By accessing this Site, you agree to be bound by these Terms of Use. We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your use of the Site following any such change constitutes your agreement to follow and be bound by the terms as changed. If at any time you do not agree to these Terms of Use, please do not use this Site.

Notice of Arbitration

These Terms and Conditions contain an arbitration provision and class action waiver that applies to all claims except for claims of intellectual property infringement or those that can be brought in small claims court. Except as otherwise stated under the terms of this agreement, and if you do not opt-out of arbitration as set forth below, you agree that any and all disputes between you and Polomas will be resolved by binding, individual arbitration, and you waive your right to bring or resolve any dispute as, or participate in, a class, consolidated, representative, collective, or private attorney general action or arbitration.

Incorporation of Privacy Policy

Polomas hereby incorporates its Privacy Policy as if fully restated herein. You must review Polomas’s Privacy Policy to understand what personal and personally identifiable information that Polomas may collect from you when you use the Site and how Polomas may use that personal or personally identifiable information.

Accuracy, Completeness, and Timeliness of Information on This Site

The information on the Site may contain typographical errors or inaccuracies and may not be complete or current. Please note that such errors, inaccuracies, or omissions may relate to product description, pricing, product availability, or otherwise. 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. Polomas therefore reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time with or without prior notice (including after you have submitted your order), but we have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site.

Orders, Prohibition on Reselling, and Price

The information on this site does not constitute a binding offer to sell products described on the site 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. You may not purchase any item from this site for resale by you or any other person, and you may not resell any item purchased from this site. The prices displayed on the site are quoted 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.

Site Contents

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, music, and written and other materials that appear as part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress, and/or other forms of intellectual property owned, controlled, and/or used under license or with other legal authority by Polomas. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles, and interests in and to which are owned by Polomas. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the site without the owner’s prior written permission, except as otherwise described herein.

Conduct on the Site

Some features that may be available on this Site require registration. By registering at and in consideration of your use of the site you agree to provide true, accurate, current, and complete information about yourself.

Some features on this site require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft, or unauthorized use of your password, notify Polomas immediately. Polomas may assume that any communications it receives under your password have been made by you unless Polomas receives notice otherwise.

Polomas’s Communications to You

You agree that Polomas may send electronic mail or other communications to you for the purpose of advising you of changes or additions to the Site, about any of Polomas’s products or services, or for such other purpose(s) as Polomas deems appropriate. Please see Polomas’s Privacy Policy.

Colors

We have made efforts to display accurately the colors of products that appear at the Site. However, as the actual colors you see will depend on your monitor and/or other technological circumstances, we cannot and do not guarantee that your monitor’s display of any color will be accurate.

Disclaimer

This site and all contents of the site are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose and any warranties that the materials on the site are noninfringing, as well as warranties implied from a course of performance or course of dealing; that access to the site will be uninterrupted or error-free; that the site will be secure; that the site or the server that makes the site available will be virus-free; or that information on the site will be complete, accurate, or timely. If you download any materials from this site, you do so at your own discretion and risk. You acknowledge, by your use of the site, that your use of the site is at your sole risk, that you assume full responsibility for all costs associated with any loss of data or damage to your computer system, including all necessary servicing or repairs of any equipment you use in connection with your use of our site, and that neither Polomas nor any of its agents or affiliates shall be liable for any damages of any kind related to your use of the site.

Limitation of Liability

You acknowledge and agree that you assume full responsibility for your use of the site. You acknowledge and agree that any information you send or receive during your use of the site may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of the site is at your own risk and that the site is made available to you at no charge. Recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law, neither Polomas nor its affiliates, suppliers, or third-party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential, or other damages arising out of or in any way related to the site, or any other site you access through a link from this site or from any actions we take or fail to take as a result of communications you send to us, or the delay or inability to use the site, or for any information, products, or services advertised in or obtained through the site, Polomas’s removal or deletion of any materials submitted or posted on its site, or otherwise arising out of the use of the site, whether based on contract, tort, strict liability, or otherwise, even if Polomas, its affiliates, or any of its suppliers has been advised of the possibility of damages. This disclaimer applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer viruses, file corruption, communication-line failure, network or system outage, your loss of profits, or theft, destruction, unauthorized access to, alteration of, loss, or use of any record or data, and any other tangible or intangible loss. You specifically acknowledge and agree that neither Polomas nor its suppliers shall be liable for any defamatory, offensive, or illegal conduct of any user of the site. Your sole and exclusive remedy for any of the above claims or any dispute with Polomas is to discontinue your use of the site.

Indemnification

You agree to defend, indemnify and hold harmless Polomas and/or any of its affiliates, owners, employees, and/or agents from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Site or any violation of these Terms of Use. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

Choice of Law and Stipulation to Jurisdiction

You and Polomas agree that any dispute arising out of or related to this Agreement or your use of the Site, including, but not limited to, your purchase of goods through the Site, will be governed by the laws of the State of California, without regard to its conflict of laws rules. Specifically, the validity, interpretation, and performance of this Agreement will not be governed by the United Nations Convention on the International Sale of Goods. Except for claims that may be brought in small claims court, claims of intellectual property infringement, or claims for injunctive relief by either party, you and Polomas agree that any dispute or controversy arising out of, in relation to, or in connection with these Terms and Conditions, your use of any products purchased through the Site, or your use of the Site including, without limitation, any and all disputes, claims (whether in tort, contract, statutory, or otherwise), or disagreements concerning the existence, breach, interpretation, application, or termination of this Agreement, will be resolved by final and binding arbitration pursuant to the Federal Arbitration Act in Anaheim, California or, at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by the American Arbitration Association (“AAA”) under the then in force Commercial Arbitration Rules by one arbitrator appointed in accordance with such rules. Such arbitration will be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of the arbitration hereunder, AAA will appoint the arbitrator.

This arbitration will be conducted in the English language. The decision of the arbitrator will be final and binding on the parties and judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section will prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.

Any dispute resolution proceeding arising out of or related to this Agreement or the purchase or use of products from or through the site, whether in arbitration or otherwise, shall be conducted only on an individual basis and not in a class, consolidated, or representative action, and you and Polomas expressly agree that class action and representative action procedures shall not be asserted in nor apply to any arbitration pursuant to these terms.

Any claims must be brought within one year of each applicable purchase or will otherwise be barred.

Contact

Please send any questions regarding these Terms of Use to: [email protected]