Terms of use

JANUARY 2020

These are the terms of use (Terms of Use) for your use of services or features on the site at www.pomelocasa.com (Site) owned and controlled by POMELO CASA (“PC”, “we”, “us” or “our”) whether you are a guest or a registered user. Use of our Site includes accessing, browsing, or registering to use our Site. You may be accessing our Site from a computer or mobile phone or other portable device and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access.

This Site is not designed for and does not collect, use, or disclose personal information from children under the age of 13.

We also like to interact with you on third party sites where we post content or invite your feedback, such as Facebook, Twitter, Instagram and YouTube (Third Party Sites). We do not control these Third Party Sites, and these Terms of Use do not apply to companies that PS does not own or control, or to the actions of people that PC does not employ or manage. You should always check the terms of use posted on Third Party Sites.

POMELO CASA reserves the right to change or modify any of the terms and conditions contained in these Terms of Use from time to time at any time, without notice, and in its sole discretion. If we decide to change these Terms of Use, we will post a new version on the Site and update the date set forth above. Any changes or modifications to these Terms of Use will be effective upon posting of the revisions. Your continued use of the Site following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Site. For this reason, you should frequently review these Terms of Use and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site.

By proceeding to use our Site, you confirm that you accept these Terms of Use and our Privacy Policyand that you agree to comply with them. Please read these Terms of Use carefully before you start to use our Site. We recommend that you print a copy of this for future reference.

If you do not agree to these Terms of Use, you must not use our Site.

THE SECTION BELOW ENTITLED “DISPUTES” CONTAINS PROVISIONS WHICH WAIVE YOUR ABILITY (I) TO HAVE YOUR DISPUTE HEARD BEFORE A JURY AND (II) TO BRING A CLASS ACTION. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Site is Copyright ©2019, POMELO CASA, ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of PC or its affiliates and is protected by U.S. and international copyright laws. All software used on the Site is the property of PC or its software suppliers and is protected by U.S. and international copyright laws. Any use of this Site or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our prior permission in each instance. You may not modify, delete, distribute or post anything on this Site for any purpose.

INTELLECTUAL PROPERTY

POMELO CASA, other trademarks, logos and service marks as well as all page headers, custom graphics and button icons are registered and unregistered service marks, designs, trademarks, and/or trade dress (‘intellectual property’) of PC, our affiliates, our licensors and/or our suppliers and may not be used in connection with any product or service that is not offered by PC in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All intellectual property displayed on our Site are protected by trademark laws in the United Kingdom, France, the United States and internationally. Except in connection with placing an order for merchandise or as required by applicable law, you may not use, reproduce, duplicate, copy, sell, resell, access, modify or otherwise exploit our intellectual property or that of our suppliers without our or their prior written consent.

ACCURACY OF CONTENT

The packaging of our products may vary from that shown. The weights and dimensions of our products are approximate only. We have made every effort to display as accurately as possible the color of the products that appear on the Site. However, as the actual colors you see will depend on your personal computer equipment, we cannot guarantee that your monitor’s display of any color will accurately reflect the color of the merchandise on delivery. To the extent permitted by applicable law, PC disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this Site. We are not responsible for the content of any Third Party Sites. Links appearing on this Site are for your convenience only and are not an endorsement by us of the content, products, services or suppliers connected therewith. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Site or in Third Party Sites.

DAMAGE TO YOUR COMPUTER

POMELO CASA makes every effort to ensure that this Site is free from viruses or defects. However, we cannot guarantee that your use of this Site or any websites accessible through it (including Third Party Sites) won’t cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the Site and screen out anything that may damage it. PC will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this Site.

MOBILE SERVICES

If you access the Sites via your mobile phone, we do not currently charge for this access. Please be aware that your carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply.

LIMITATION OF LIABILITY

The Site and its content and services are presented “AS IS”. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content or services, whether express or implied.

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

We will not be liable to any user for any loss or damage, in contract, warranty or in tort (including negligence) arising under or in connection with:

> use of, or inability to use, our Site; or
> inaccuracies or omissions in any content displayed on our Site.

In particular, we will not be liable in contract, warranty or in tort (including negligence) for:

>  loss of profits, sales, business, or revenue;
>  business interruption;
> loss of anticipated savings;
>  loss of business opportunity, goodwill or reputation; or
>  any indirect, special, incidental or consequential loss or damage.

We only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes. You may not sell or resell any products you purchase or otherwise receive from PC without a signed Wholesale Agreement. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by PC in its sole discretion.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless POMELO CASA (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Site in violation of any term of these Terms of Use; (b) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (c) any claim that any conduct by you caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your use of the Site. This provision is subject to Section 13 below.

PROHIBITED USES

You may use our Site only for lawful purposes. You may not use our Site:
> in any way that breaches any applicable local, national or international law or regulation;
> in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
>to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below;
> to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);
> to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
> to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any content or enforce limitations on use of the Site or the content therein; or
> to interfere with or disrupt the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site, including by using any device, software or routine to bypass robot exclusion headers.

You also agree:
> Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these Terms of Use;
> Not to access without authority, interfere with, damage or disrupt:
– any part of our Site;
– any equipment or network on which our Site is stored;
– any software used in the provision of our Site; or
– any equipment or network or software owned or used by any third party.

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable solicitors’ fees, resulting from any third-party claim, action, or demand resulting from your unlawful use of the Site in violation of these Terms of Use. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

SUBMISSION OF INFORMATION

We welcome your inquiries or feedback on the merchandise you use or might like to purchase. However, it is our policy to decline any unsolicited suggestions or ideas. Any inquiries, feedback, suggestions, ideas or other information you provide to us (‘information’) will be treated as non-confidential and non-proprietary. Subject to our privacy policy, by providing us with any such unsolicited information you hereby grant PC a non-exclusive and royalty-free right to use, reproduce, modify, adapt, publish, sell, assign, translate, transfer, sub-license, create derivative works from, distribute and display the information in any form, media or technology and whether alone or as part of other works. You also agree that your information may not be returned, and we may use your information and any ideas, concepts or know-how contained therein, for any purpose. Furthermore, if you send us any such information you represent and warrant that you own or otherwise are entitled to any and all rights to the information and that your information does not contain or constitute software viruses, commercial solicitation, chain letters, mass mailings or ‘spam’ in any form. You may not impersonate any person or entity or use any false email address or otherwise mislead PC as to the origin of the information submitted and you agree to indemnify PC and hold PC harmless from and against any claims arising from your claims and/or any third party’s claims to any rights in any such information.

USER GENERATED MATERIAL

By submitting ideas, designs, customizations, creative concepts, or any other information (“User Generated Material”) to this Site (or to our accounts on any Third Party Sites), you accept and agree that you assign and / or waive all ownership of and rights (including moral rights) in or to any intellectual property rights and other rights in the User Generated Material to PC. To the extent such transfer is not valid, you grant AS, by submitting the User Generated Material to this Site, a worldwide, non-exclusive, fully paid, perpetual, royalty free license to use, including but not limited to a right to copy, modify, publicly display, distribute and to sublicense (all or parts of), the User Generated Material for any purposes as it deems fit, including but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving this Site or other products or services both online and offline.

All User Generated Material shall be deemed to be non-confidential. PC shall be entitled to use or disclose the User Generated Material in any manner whatsoever, without liability or notice to you. You acknowledge and agree that you shall have no claim against PC or any other party should any User Generated Material created, posted or sent by you be used in the above sense by PC or any part of its group.

You warrant that:
>  you own or are otherwise entitled to any and all rights in any User Generated Material;
>  any User Generated Material is not, and does not contain, material which is offensive, abusive, pornographic, defamatory, blasphemous or unlawful, and does not infringe, or potentially infringe, the rights of a third party or any applicable law including, in particular, any intellectual property rights;
>  any User Generated Material is original and is not copied in whole or in part from any third party;
>  any User Generated Material does not contain or constitute software viruses, commercial solicitation, chain letters, mass mailings or ‘spam’ in any form; and
>  you will not impersonate any person or entity or use any false email address or otherwise mislead us as to the origin of any User Generated Material submitted, and you agree to indemnify us and hold us harmless from and against any claims arising from your claims and/or any third party claims to any rights in any User Generated Material.

You agree that POMELO CASA:

>  does not, and has no obligation to, review the User Generated Material;
>  is not in any manner responsible for User Generated Material;
>  does not guarantee the accuracy, integrity or quality of User Generated Material; and
>  cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Material will not appear on this Site.

Notwithstanding the foregoing, PC reserves the right to moderate all User Generated Material, and to decline the submission of, edit the content of, or remove from this Site, any User Generated Material in its absolute discretion, for example because it infringes the intellectual property rights of a third party, because the content is inappropriate, obscene, or abusive, or for any other reason. PC is under no obligation to inform you of the reasons for such intervention.

NON-WAIVER

No failure to exercise and no delay on the part of PC in exercising any right, remedy, power or privilege of PC under these terms & conditions and no course of dealing between us shall be construed or operate as a waiver, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege on the part of PC.

NOTICE OF RESIDENTS OF NEW JERSEY

Your rights are protected under the Truth-in-Consumer Contract, Warranty and Notice Act and New Jersey law generally. The following provisions in these Terms of Use do not apply to you and are not intended to vary, diminish or alter your rights under New Jersey law: specifically, nothing in these Terms of Use limits, varies, diminishes, affects, or otherwise voids or alters your rights under New Jersey law as they relate to limitations of liability or exculpation (including, but not limited to, limitations on indirect, incidental, special, exemplary, consequential or similar damages), dispute resolution, indemnification, venue or jurisdiction, statutes of limitation or repose periods for bringing claims, plain language requirements, representations and warranties of any type or nature (including, but not limited to conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quite enjoyment, and non-infringement), contract remedies, personal injury, tort and negligence claims, conditions of sale, fee-shifting provisions, waiver of attorney fees and/or costs, and copyright. Your rights regarding these specific provisions will be governed by New Jersey law. In the event of any conflict between these Terms of Use and New Jersey law, New Jersey law will govern.

RESERVATION OF RIGHTS

We reserve the right, at any time, without notice and in its sole discretion, to terminate your license to use the Site and to block or prevent your future access to and use of the Site. POMELO CASA may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any actions by you violate the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of POMELO CASA (and its employees), its users and the public.

QUESTIONS

If you have any questions regarding these terms of use please contact us by email at info@pomelocasa.com or write to us at POMELO CASA, 2690 Locksley Place, Los Angeles, CA 90039

The Site is created and controlled by POMELO CASA in the State of California, U.S.A. As such, the laws of the State of California will govern these Terms of Use, without giving effect to any principles of conflicts of laws. POMELO CASA reserves the right to make changes to the Site and these Terms of Use at any time.

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)

If you believe your work or content has been copied and posted to the Site in a way that constitutes copyright infringement, please provide POMELO CASA with the following written information in accordance with the DMCA:
>  An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
>  A description of the copyrighted work that you claim has been infringed upon;
>  A description of where the material that you claim is infringing is located on the Sites;
>  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;
>  Your name, address, telephone number and email address (if available); and
>  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 are authorized to act on the copyright owner’s behalf.

Our DMCA designated copyright agent for notice of claims of copyright infringement on this Web site is the Managing Director of POMELO CASA, who can be reached as follows:

2690 Locksley Place, Los Angeles, CA 90039

FRAUD PROTECTION PROGRAM

As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

CONSENT TO RECEIVE NOTICES ELECTRONICALLY

You consent to receive any agreements, notices, disclosures and other communications (collectively, Notices) to which these Terms of Use refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at info@pomelocasa.com and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms of Use, including but not limited to the limited licenses set forth herein, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.

GENERAL

You acknowledge and agree that these Terms of Use constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.

DISPUTES

Any claim or dispute between you and POMELO CASA that arises in whole or in part from the Site shall be decided submitted to binding arbitration upon the written request of one party after the service of that request on the other party. The arbitration shall be conducted by a sole arbitrator, regardless of amount in controversy. The arbitration shall be conducted pursuant to the rules of American Arbitration Association (“AAA”). The sole exception is that if the AAA’s rules provide for the appointment of more than one arbitrator (by virtue of amount in controversy or otherwise), the Parties agree to the appointment of just one arbitrator. The cost of the arbitration, excluding legal fees and costs, shall be borne by the losing party or in such proportion as the arbitrator shall decide. The parties shall bear their own legal fees and costs for all claims. The sole and exclusive venue for the arbitration and or any legal dispute, shall be Los Angeles County, California.

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