Terms and Conditions

Introduction

These Terms and Conditions (“Terms”) govern your access to and use of the websites, mobile applications, and other online products and services (collectively, the “Services”) provided by Pj Mark® Jeans, Cargo Pants, Pants, Cargo Shorts (“Pj Mark,” “we,” “us,” or “our“).

Please read these Terms carefully before using our Services. By using any of the Services, you agree to be bound by these Terms. If you do not accept these Terms, do not access or use the Services. If you access or use the Services on behalf of someone else, you represent that you have the authority to bind that person to these Terms and that person accepts and agrees to be bound by them.

We may periodically change these Terms by posting revised versions on the Site. By continuing to use the Services after any changes become effective, you agree to abide by the revised Terms.

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, MANDATORY ARBITRATION OF DISPUTES, AND A CLASS ACTION WAIVER.

Accounts and Use

You must be at least 18 years old to use the Services. By accessing or using the Services, you represent and warrant that:

You are 18 years of age or older;
All registration information you submit is accurate and truthful;
You will maintain the accuracy of your registration information;
And your use of the Services does not violate any applicable law or regulation.

Your account is personal to you and you cannot transfer your account to anyone else. We do not allow multiple users on the same account.

You are responsible for maintaining the confidentiality of your username and password and agree not to share your credentials with any third party. You are fully responsible for all activities that occur under your username and password, whether or not authorized by you. You must notify us immediately of any breach of security or unauthorized use of your username or password. We will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. However, you could be held liable for losses incurred by Pj Mark or another party due to someone else’s use of your account or password.

By providing your email address, you consent to receive all required notices electronically to that email address. It is your responsibility to update or change your email address should your email address change. You agree that any notices provided to your registered email address constitute notice to you under these Terms.

Privacy Policy

Please review our Privacy Policy to understand our data protection practices regarding personal information provided through use of the Services. The Privacy Policy is incorporated into these Terms by this reference.

Prohibited Conduct

You agree not to:

Use the Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services.
Impersonate any person or entity, including any employee or representative of Pj Mark.
Disclose your password to any third party or allow any third party to access your account.
Use the Services to transmit, distribute, publish or submit any material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; or (vii) promotes illegal or harmful activities or substances.
Use, display, mirror or frame the Services, or any portion thereof, on any other website or other online service.
Systematically download or store content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission.
Remove any copyright, trademark or other proprietary notices from the Services.
Circumvent, disable or otherwise interfere with any security-related features of the Services, including features that prevent or restrict use or copying of content or enforce limitations on use.
Use any data mining, robots or similar data gathering or extraction methods in connection with the Services.
Violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services.
Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
Upload invalid data, viruses, worms, or other software agents through the Services.
Collect or harvest any personally identifiable information from the Services including account names.
Use the Services for any commercial purpose without our express written consent.
Reproduce, modify, adapt, translate, create derivative works from, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Services except as expressly authorized herein.
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any software or other intellectual property underlying the Services.
Remove or destroy any proprietary notices or labels from the Services.

Submissions

Any materials, information, suggestions, ideas, feedback or other communications you provide to us regarding the Services (collectively, “Submissions“), whether via email or otherwise, are and will be non-confidential and become our sole property. We will own exclusive rights to use, reproduce, disclose, publish and distribute your Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You irrevocably waive, and cause to be waived, any claims and assertions of any moral rights or attribution with respect to your Submissions. Do not submit any Submissions unless you are willing to give them up to the public – because that is what will likely happen.

Purchases and Payment

If you wish to purchase any products or services made available through the Services (“Purchases”), additional terms will apply. You will have an opportunity to review and accept any additional terms before completing any Purchase. Please read all additional terms carefully.

We may require you to supply certain information relevant to your Purchase including your name, phone number, and credit card information. You represent and warrant that: (i) you have the legal right to use any credit or debit card utilized in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We will provide price and availability information prior to confirming your order. If the price or availability information is incorrect, we will provide you an opportunity to cancel your order. Pricing for Purchases may vary periodically but will not affect any Purchase you have already made. We reserve the right to refuse or cancel any order prior to shipment. Some situations that may result in your order being cancelled include availability issues, errors in product information, inaccuracies in pricing, payment issues or problems identified by our credit and fraud avoidance department. We may request additional information regarding your order if deemed necessary to accept or fulfill the order.

Payments for Purchases may be made by credit or debit card. You authorize us to charge the full amount of your Purchase plus any applicable fees or taxes to the payment method used at time of Purchase. If taxes apply they may vary based on your location and will be added to the Purchase total.

Descriptions or images of products and services on the Services are intended as a guide only. We aim to ensure that product descriptions are as accurate as possible, but precise accuracy cannot be guaranteed and we are not responsible for any lack of accuracy. To the fullest extent permitted under applicable law, we disclaim any responsibility for errors, inaccuracies or omissions on the Services or in product descriptions.

Availability, delivery policy, return policy and other Purchase terms will be confirmed at time of Purchase via the Services. Purchased items are delivered according to the delivery option selected at Purchase. We are not liable for any delays and product delivery estimates are not guaranteed.

Refunds are permitted under limited conditions and require advance approval from Pj Mark. Please contact us at [email protected] to request a refund. Approved refunds will be credited back to the same payment method used to make the original Purchase.

Copyright and Trademarks

All content and information on the Services, including but not limited to text, software, music, sound, photographs, graphics, logos, buttons and icons is the property of Pj Mark or its content suppliers and is protected by United States and international copyright and trademark laws. The compilation (meaning the selection, arrangement, and organization) of all content and materials on the Services is the exclusive property of Pj Mark and protected by U.S. and international copyright laws.

All trademarks, service marks, trade names, logos and product names are the property of Pj Mark or its affiliates, licensors, sponsors or related entities. Your use of our trademarks, service marks, trade names and logos may be prohibited, except with express written permission from Pj Mark. You must obtain permission from us before using any part of the content or materials on the Services.

License to Use the Services

Pj Mark grants you a limited, non-transferable license to access and make use of the Services and the content and information provided on the Services for your own personal use only. You agree not to download, copy or distribute any portion of the Services or content, except content that you have purchased or that is defined as public domain content. Any unauthorized use of the Services terminates the licenses granted by Pj Mark pursuant to these Terms.

Disclaimer of Warranties

Your use of the services is at your own risk. The services are provided “as is” without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions do not allow the disclaimer of implied warranties, so the above disclaimer may not apply to you.

We do not warrant that any information provided through the services is accurate, reliable or correct; that the services will be available at any particular time or location; that any defects or errors will be corrected; or that the services are free of viruses or other harmful components. Your use of any information provided through the services is solely at your own risk. Some jurisdictions do not allow the disclaimer of implied warranties, so the above disclaimer may not apply to you.

Under no circumstances will we be liable for any loss or damage caused by your reliance on any information provided through the services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information available through the services. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Limitation on Liability

To the fullest extent permitted under applicable law, in no event will pj mark, its affiliates, directors, employees, agents, suppliers or licensors be liable to you or any third party for any indirect, incidental, punitive, special, exemplary or consequential damages arising out of or in connection with your access to, use of or inability to access or use the services. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

In no event shall pj mark’s total liability arising out of or in connection with the services exceed the amounts you have paid to pj mark for use of the services in the twelve (12) month period immediately preceding the event giving rise to the claim.

Indemnification

You will defend, hold harmless and indemnify Pj Mark and its directors, officers, subsidiary companies, employees, agents, shareholders, affiliates, successors and assigns (the “Pj Mark Parties”) from and against any third-party claim and all liabilities, assessments, losses, damages, settlements, penalties, deficiencies, taxes, expenses (including, without limitation, reasonable attorneys’ fees and other legal expenses), and costs arising from or relating to any allegation or third-party legal proceeding to the extent arising out of:

Your misuse of the Services;
Your breach of these Terms;
Your actual or alleged infringement of any intellectual property or other third party right in connection with your Submissions or other information provided via the Services; or
Any damage of any sort incurred by any third party arising out of or relating to the Services.

Termination

We reserve the right to suspend or terminate your account and your access to the Services with or without notice at any time and for any reason, including for violation of these Terms. We reserve the right to refuse service to anyone for any reason at any time. We may issue warnings, suspend or terminate service without prior notice or liability.

Upon termination, all licenses and other rights granted to you in these Terms will cease immediately. Any such termination of the Services will not affect any person or entity who has been granted licenses or rights by you in compliance with these Terms prior to termination by us.

Certain provisions which by their nature should survive termination shall survive termination, including ownership provisions, disclaimers or limitations of liability, indemnity obligations, and governing law provisions.

Governing Law and Forum Selection

These Terms and your access to and use of the Services and any dispute or claim arising out of or relating to them (including non-contractual disputes or claims) shall be governed by and construed in accordance with California law and applicable federal law.

Any legal suit, action or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California.

Mandatory Arbitration and Class Action Waiver

You agree that any dispute or claim relating in any way to these Terms, your use of the Services, or products or services sold, distributed, issued or serviced by Pj Mark will be resolved by binding, individual arbitration rather than in court. This provision applies to claims that arose in the past and claims that may arise in the future. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief as a court and must follow and enforce these Terms as a court would.

Notwithstanding the above, you or we may bring a lawsuit in court to obtain injunctive relief or other equitable relief to protect any party’s intellectual property rights. With respect to individual members of any putative class claim, the arbitrator has the discretion to determine whether class arbitration is appropriate and permitted under this arbitration provision. The validity and scope of the arbitration provision are governed by the Federal Arbitration Act.

You and we each agree that any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not as a class action or other representative action, and you and we each expressly waive the right to file a class action or seek relief on a class basis.

If any court or arbitrator determines that the class action waiver is void or unenforceable for any reason or that arbitration can proceed on a class basis, then this arbitration provision will be deemed null and void in its entirety and the parties will have the right to litigate the dispute in court.

If you have any questions about these Terms, please contact us at [email protected].

Contact Us

If you have any questions about these Terms, please contact us at:

Pj Mark® Jeans, Cargo Pants, Pants, Cargo Shorts
123 Main St.
Anytown, CA 12345
[email protected]