Terms & Conditions
TERMS AND CONDITIONS
Customer Communications: When you visit Poshak Dallas or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. We welcome your comments and feedback. All communications and comments submitted to Poshak Dallas are non-confidential. We reserve the right to use any ideas, concepts, comments, techniques, visuals, suggestions or communications. All comments, feedback, suggestions and submissions shall be and remain Poshak’s property.
Content: All text, designs, graphics, logos, page headers, button icons, scripts, service names, manuals, technical documentation, product information, user interfaces, visual interfaces, images, photographs, trademarks, sounds, music, and artwork (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel," and arrangement thereof, contained on the Site is owned, controlled or licensed by or to Poshak, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Our content may not be used in connection with any product or service that is not Poshak’s property, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Poshak. All other trademarks not owned by us that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. We at Poshak aggressively enforce our property rights to the fullest extent of the law.
License and Site Access: You are granted a limited, right to access this Site and print the Content for your personal, non-commercial, and informational use only. The foregoing license grant does NOT include the right for you to: 1) publish, publicly perform or display, or distribute to any third party any Content, including reproduction on any computer network or broadcast or publications media; 2) market, sell or make commercial use of this Site or any Content; 3) systematically collect and use of any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods; 4) make derivative uses of this Site or the Content; or 5) use, frame or utilize framing techniques to enclose any portion of this Site (including the images found at this Site or any text or the layout/design of any page or form contained on a page).
Your use of this Site constitutes your agreement and acceptance without modification of these Conditions of Use. In addition, as a condition of your use of this Site, you represent and warrant to Poshak that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these Conditions of Use. If you do not agree and accept without modification these Conditions of Use, do not use this Site. Other than this agreement and agreements between you and Poshak relating to the sale of products or services to you through this Site, Poshak will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective. Any unauthorized use terminates the permission or license granted by Poshak and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Poshak Dallas so long as the link does not portray Poshak, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Poshak logo or other proprietary graphic or trademark as part of the link without express written permission.
Your Account: If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Poshak sells products for children, but does not sell products to children. Poshak sells products to adults only, and by using this Site you are representing that you are 18 years old or older. If you are under 18, you may use Poshakdallas only with the involvement of a parent or guardian. Poshak will not be liable for any damages that may result from misrepresentation of age by a user of our Site. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Risk of Loss: All items purchased from PacSun.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Accuracy, Product Descriptions, and Pricing: Poshak strives to be as accurate as possible with its product descriptions and pricing information listed on Poshakdallas. However, Poshak does not warrant that product descriptions, pricing information, or other content on the Site is accurate, complete, reliable, current, or error-free. While we will use our best efforts to fulfill all orders, Poshak cannot guarantee the availability of any particular product displayed on the Site. Poshak reserves the right to discontinue the sale of any product listed on the Site at any time without notice. If upon receipt of a product offered by Poshak you find that it is not as described on the Site, your sole remedy is to return it in unused condition.
Product prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets. The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. Poshak cannot confirm the price of an item until you order; however, we do not charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. In the event of a pricing error on an item you have ordered, we will notify you and await your approval of the corrected price before continuing with your order.
Choice of Law: Poshak controls this Site from its offices within the State of Texas. By visiting Poshakdallas, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Poshak.
SIte Policies, Modifications, and Severability: Please review any other policies posted on and throughout this website. These policies also govern your visit to the Site. We reserve the right to make changes to our Site, policies, and these Conditions of Use at any time. If any of these Conditions of Use shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. No modification of these Conditions of Use shall be effective unless it is authored by Poshak, or unless it is physically signed in blue ink by a Poshak officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach.
The section titles in these terms of service are for convenience only and have no legal or contractual effect.
Contacting And Communictaing WIth Us: If you have any questions about these Conditions of Use, please call us, or click here. Although Poshak will in most circumstances be able to receive your e-mail or other information provided through this Site (including, without limitation, account registrations, orders, and other submissions), Poshak does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that an internet e-mail typically is not secure.
COPYRIGHT AND TRADEMARK
TRADEMARK: "Poshak" is a registered TRADEMARK protected by trademark laws of The United States of America. "Poshak' AND its OPERATING LOGO are both trademarked by The United States Patent and Trademark Office. Any imitation or duplication of the entity by use of a name similar to "Poshak" or duplication of logo will be pursued to the greatest extent by law:(Federal: up to 15 years in prison and penalties not to exceed $250,000.00).
If you have any questions about these Conditions of Use, please contact us.
Poshak © 2016