PJ Grace Terms of Service
Welcome to PJ Grace!
1. Your relationship with PJ Grace.
1.1 Your use of this site, www.pjgrace.com (the “Site”), and your purchase of products through the Site (the “Products”), is subject to the terms of a legal agreement between you and PJ Grace. “PJ Grace” means Patricia Jean Grace LLC, a California limited liability company. This document explains how the agreement is made up, and sets out the terms of that agreement.
1.2 Unless otherwise agreed in writing with PJ Grace, your agreement with PJ Grace will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Terms”. Your agreement with PJ Grace will also include the terms of any other written agreements between you and PJ Grace that incorporate these Terms by reference.
1.3 For purposes of these Terms:
“PJ Grace” means Patricia Jean Grace LLC, a California limited liability company.
“You” means any user of the Site, including any purchaser of Products.
2. Accepting and Amending the Terms.
2.1 In order to use the Site, you must first agree to the Terms. You may not use the Site if you do not accept the Terms.
2.2 You can accept the Terms by any of the following:
(a) Clicking to accept or agree to the Terms, where this option is made available to you by PJ Grace in the user interface.
(b) Clicking to accept or agree to another contract between you and PJ Grace that incorporates these Terms by reference.
(c) Actually using the Site. In this case, you understand and agree that PJ Grace will treat your use of the Site as acceptance of the Terms from that point onwards.
(a) You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to use the Site and to accept these Terms. If you are under the age of 18 (or the applicable age of majority in your jurisdiction) but are at least 13 years of age, you may use the Site only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms. If you are less than 13 years of age, you may not use the Site at all.
(b) By using the Site, you represent and warrant that you satisfy these requirements and have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein.
2.4 PJ GRACE MAY AMEND THESE TERMS AT ANY TIME BY POSTING THE AMENDED TERMS ON THE SITE. EXCEPT AS STATED ELSEWHERE IN THESE TERMS, ALL AMENDED TERMS SHALL BE EFFECTIVE WHEN YOU CLICK TO ACCEPT THE AMENDED TERMS OR AUTOMATICALLY FIFTEEN (15) DAYS AFTER THEY ARE INITIALLY POSTED, WHICHEVER IS SOONER. BY CONTINUING TO USE THE SERVICES AFTER THESE AMENDED TERMS TAKE EFFECT, OR BY CLICKING TO ACCEPT OR AGREE TO THE AMENDED TERMS, YOU CONSENT TO THESE CHANGES.
2.5 Before you continue, you should print off or save a local copy of the Terms for your records.
3. Purchasing & Shipping.
3.1 Risk of loss for any Products that you purchase from PJ Grace will pass to you upon our delivery to the carrier. Standard shipping is via FEDEX ground service. Shipping rates will populate when you place your order in the PJ Grace shopping cart. We currently ship to the United States. For international destinations, please contact email@example.com for shipping rates. At this time, we do not ship to more than one address per order.
3.2 PJ Grace charges sales tax on sales of the Products as required by law.
3.3 We attempt to be as accurate as possible when describing our products but we do not warrant that descriptions, colors, or any other content are accurate, complete, reliable, current, or error-free.
4. Return Policy.
4.1. If you are not completely satisfied with your purchase or gift for any reason you may return it within 30 days of purchase. We will gladly replace your item or provide you with a credit towards the purchase of any other PJ Grace product. Please return merchandise packed in its original shipping box. Be sure to insure your package for the full value of the merchandise. Only items purchased on the Site may be accepted for return or exchange. We will not accept any merchandise purchased from any other vendor, such as a store or spa. Shipping and handling costs will not be refunded.
4.2 If your package is damaged during shipping, save the box and the merchandise and notify us immediately at firstname.lastname@example.org. Please include your order number for the most expedient service. The carrier will inspect and pick up the damaged package and the damaged item will be replaced.
4.3 Before you make a return, please send an email to us at email@example.com. Please be sure to include your name, email address, order number, product name, the reason for your return, and if you would like the item replaced or prefer credit towards the purchase of any other PJ Grace products. For returns, send the unused or damaged merchandise to:
PJ GRACE Returns
856 Page St.
San Francisco, CA 94117
Once we receive your returned item(s), please allow up to 10 business days to process your return and send you email confirmation.
5. Your use of the Site.
5.1 In order to access the Site or purchase Products, you may be required to provide information about yourself (such your name, age, and contact details). You agree that any information you provide to PJ Grace will be accurate, correct and up to date.
5.2 You agree to use the Site only for purposes that are permitted by the Terms and by applicable law (including any laws regarding the export of data or software to and from the United States or other relevant countries).
5.3 You agree not to access (or attempt to access) the Site by any means other than as authorized by PJ Grace. You specifically agree not to access (or attempt to access) the Site through any automated means (including use of scripts or web crawlers).
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site).
5.5 Unless you have been specifically permitted to do so in a separate agreement with PJ Grace, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Site for any purpose.
5.6 You acknowledge and agree that PJ Grace may stop (permanently or temporarily) providing the Site (or any features within the Site) to you or to users generally at PJ Grace’s sole discretion, without prior notice to you. You may stop using the Site at any time. You do not need to specifically inform PJ Grace when you stop using the Site.
5.7 You may find links to other websites or resources on the Site. You acknowledge and agree that PJ Grace is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. PJ Grace will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
6. Your Privacy, Passwords and Account Security.
6.1 You agree and understand that you are responsible for maintaining the confidentiality of any passwords that you use to access the Site and any credit card information or similar payment information that you use to purchase Products. Accordingly, you agree that you will be solely responsible to PJ Grace for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify PJ Grace immediately at firstname.lastname@example.org.
7. Submissions and User Content.
7.1 For purposes of these Terms:
(a) “Content” means and includes all web pages and other information which you may have access to as part of, or through your use of, the Site.
(b) “Submissions” means any ideas, information, ratings, feedback, messages, questions, comments, suggestions, or other data provided by you in connection with the Site.
7.2 All Submissions that are uploaded, published, displayed, transmitted, posted or submitted on, to, or through the Site will be subject to the Terms. This includes (but is not limited to) messages that you send by means of the Site.
7.3 You are solely responsible for the Submissions that you provide. You represent, warrant and agree that, with respect to any Submissions provided by you: (a) You own or otherwise have the right to grant the license set forth below with respect to such Submissions. (b) Such Submissions do not violate the privacy rights, publicity rights, copyrights, intellectual property rights, confidentiality rights, contract rights or any other rights of any person. (c) Such Submissions are true and correct, and are not false or misleading in any way.
7.4 You agree not to upload, post or otherwise transmit Submissions that: (a) are misleading, untruthful, abusive, obscene pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to PJ Grace or other users of the website; (b) include unauthorized disclosure of personal information; (c) violate or infringe upon anyone's intellectual property rights; (d) contain software viruses or any other malicious code; or (e) are contrary to applicable local, federal, or international laws and regulations.
7.5 Any and all Submissions shall be deemed non-confidential. By uploading, publishing, displaying, transmitting, posting or submitting any Submissions, you hereby grant to PJ Grace a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, transferable, sub-licensable right and license to use, modify, publicly perform, publicly display, reproduce, create derivative works of and distribute such Submissions for any purpose whatsoever, and to disclose your first name, first initial of your last name, and your general location (city, state and/or country) in connection with such use. By way of example, but not limitation, PJ Grace may use your Submissions to develop and improve the Site or for purposes of advertising or promotions. PJ Grace shall be free to use anything contained in your Submissions for any purpose whatsoever. This license does not entitle you to any payment from PJ Grace for any reason. PJ Grace is not obligated to publish, display or post any Submissions publicly.
7.6 You understand and agree that all Content provided by third parties (such as other users) is the sole responsibility of the person from which such Content originated. PJ Grace does not guarantee the truthfulness, accuracy or appropriateness of any Content provided by third parties, even if such Content is displayed on the Site.
7.7 PJ Grace has the right (but not the obligation) to edit or remove Submissions or other Content that violate these Terms or that contain third-party commercial advertisements.
8. Proprietary rights.
8.1 You acknowledge and agree that PJ Grace (or PJ Grace’s licensors) own all legal right, title and interest in and to the Site, including any intellectual property rights which subsist in the Site (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
8.2 Unless you have agreed otherwise in writing with PJ Grace, nothing in the Terms gives you a right to use any trade names, trademarks, service marks, logos, domain names, and other distinctive brand features belonging to PJ Grace or PJ Grace’s licensors.
8.3 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site.
8.4 You agree that in using the Site, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
9. EXCLUSION OF WARRANTIES.
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY PJ GRACE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PJ GRACE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PJ GRACE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SITE AND/OR THE PRODUCTS. PJ GRACE DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, OR ELECTRONIC COMMUNICATIONS SENT FROM PJ GRACE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PJ GRACE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PJ GRACE OR THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
10. LIMITATION OF LIABILITY.
10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT PJ GRACE (AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AND LICENSORS) SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF YOUR FAILURE TO PROVIDE PJ GRACE WITH ACCURATE ACCOUNT INFORMATION OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
(C) ANY LOSS OR DAMAGE CAUSED BY HACKERS OR OTHERS WHO GAIN UNAUTHORIZED ACCESS TO OUR NETWORK. ALTHOUGH WE TAKE REASONABLE STEPS TO SAFEGUARD AND PREVENT UNAUTHORIZED ACCESS TO YOUR PERSONALLY IDENTIFIABLE INFORMATION AND SIMILAR DATA, WE CANNOT BE RESPONSIBLE FOR THE ACTS OF THOSE WHO GAIN UNAUTHORIZED ACCESS. YOU ASSUME ALL RISKS, INCLUDING BUT NOT LIMITED TO THE RISK OF IDENTITY THEFT, RELATING THE MAINTENANCE OF YOUR DATA ON OUR NETWORK.
10.2 IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF PJ GRACE (AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, MEMBERS, MANAGERS, AND LICENSORS) TO YOU UNDER ANY CAUSE OF ACTION OR CAUSES OF ACTION EXCEED $10,000.00.
10.3 THE LIMITATIONS ON PJ GRACE’S LIABILITY (AND THE LIABILITY OF PJ GRACE’S OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AND LICENSORS) TO YOU SHALL APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY, OR ANY OTHER BASIS, AND WHETHER OR NOT PJ GRACE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
10.4 THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
11. INDEMNIFICATION. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS PJ GRACE (AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AND LICENSORS) FROM ALL LIABILITIES, CLAIMS, LOSSES, DAMAGES, OBLIGATIONS, COSTS, AND EXPENSES, INCLUDING ATTORNEY'S FEES, THAT ARISE FROM OR RELATE TO (A) YOUR USE OF THE SITE; (B) YOUR VIOLATION OR BREACH OF ANY OF THE TERMS; (C) YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (D) YOUR SUBMISSIONS.
12. Ending your relationship with PJ Grace. PJ Grace may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, which may result in the loss of all information associated with your use of the Site. If you wish to terminate your use of the Site, you may do so at any time. These Terms shall survive termination of your use of the Site.
13. Copyrights and Copyright Agent.
If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement on the Site is Patricia Hannigan, who can be reached as follows:
By Mail: 856 Page Street, San Francisco, CA 94117
By Phone: 415-216-6216
By e-mail: email@example.com
14. Advertisements. PJ Grace may run advertisements and promotions from third parties on the Site. These advertisements and promotions may be targeted to you and other users of the Site based on the content of information stored on the Site, queries made through the Site, or other information. Your correspondence or business dealings with, or participation in promotions of, advertisers other than PJ Grace found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. PJ Grace is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-PJ Grace advertisers on the Site.
15. General legal terms.
15.2 You agree that PJ Grace may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Site.
15.3 You agree that if PJ Grace does not exercise or enforce any legal right or remedy which is contained in the Terms (or which PJ Grace has the benefit of under any applicable law), this will not be taken to be a waiver of PJ Grace’s rights and that those rights or remedies will still be available to PJ Grace.
15.4 If any provision of the Terms is found to be invalid or unenforceable, either in its entirety or by virtue of its scope or application to given circumstances, that provision shall be deemed modified to the minimum extent necessary to render the same valid or as not applicable to the given circumstances, or shall be excised from the Terms, as the situation may require. All terms and conditions of the Terms shall be deemed enforceable to the fullest extent permissible under applicable law, and, when necessary, the court is requested to reform any and all terms and conditions to give them such effect. Unless the context clearly requires otherwise, all references in the Terms to the plural will include the singular, and all references to the singular will include the plural; all references to gender will include the masculine, feminine, and neuter genders; the words "shall," "will," or "agrees" are mandatory, and the word "may" is permissive; the word "or" is not exclusive; the words "includes" and "including" are not limiting; and the words "day" or "days" refer to calendar days. Headings are provided for convenience only and shall not be considered in interpreting the Terms.
15.5 The parties hereby consent to the jurisdiction of the courts of the State of California, and agree that any disputes arising out of or related to these Terms shall be resolved in the State of California, to the exclusion of any other jurisdiction. These Terms shall be governed by and construed in accordance with the internal laws of the State of California, without regard to California’s choice-of-law provisions, and shall be deemed to have been entered into in the City and County of San Francisco, California. The parties hereby stipulate to venue in the Superior Court of California, City and County of San Francisco, or the U.S. District Court for the Northern District of California.
15.6 In the event any party hereto shall bring any action or proceeding against any other party (or permitted assignee) in connection with the Terms, the prevailing party shall be entitled to recover its costs and reasonable attorneys' fees, in addition to any other relief to which that party may be entitled.
15.7 The Terms, and any rights and licenses granted hereunder, may not be assigned or transferred by you without the prior written consent of PJ Grace, but may be assigned by PJ Grace without restriction. The Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
16. Contact Us. If you have questions, comments or need any additional information, please contact us at firstname.lastname@example.org
17. Effective Date. These Terms are effective as of July 18, 2012.