Acceptance of Terms
Minimum Age of Use
This website is intended for a mature audience. You certify you are of 18 years of age or older when viewing and/or placing an order with ShopPalmettoMoon.com and/or PalmettoMoonOnline.com. If we determine you are under the age of 18 and/or do not meet the minimum age of use, we reserve the option to cancel your order with or without notice.
Information and Subscriptions
At your election, you may request additional information about PM or subscribe to various information services concerning PM products, services and business. When you do so, the registration process will require you to provide your name, email address and certain additional information about your preferences, such as, for example, your preferred contact method and product markets of interest to you. You may initiate your subscription within your PM account.
Debit Card Holds
When using a debit card, please be aware that your financial institution may place a hold on your account for an amount that may equal or exceed the purchase amount. PM is not responsible for placing or removing debit holds. Please contact your financial institution if you would like more information.
Rules and Conduct
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
- imposes an unreasonable or disproportionately large load on PM's computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through password mining or otherwise;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of PM's, and/or any third party;
- or harvests or collects any information from the Website;
- or impersonates any person or entity, including any employee or representative of Palmetto Moon.
Palmetto Moon may, at its sole discretion, immediately terminate your access to the Website should your conduct fail to conform strictly with any provision of this section.
Palmetto Moon has no obligation to monitor the Website or any use thereof. However, PM reserves the right at all times and without notice to monitor, review, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental (including law enforcement) request. We do not endorse any information or content contained in the Website submitted by users and we are not liable for any such information posted in the Website, including but not limited to any information posted by or about you. We reserve the right to take any action with respect to information posted in the Website which we believe is appropriate in our sole discretion, including but not limited to removal. However, we cannot, nor do we, control the information provided by users which is made available through our Website. By its very nature, other people's information may be offensive, harmful, inaccurate, or in some cases may be mislabeled or deceptively labeled.
Third Party Websites
The Website and the content accessible through the Website, and all intellectual property rights included in or associated with the website, including but not limited to patents, copyrights, trademarks and service marks (collectively, "Content"), are owned or licensed by us, and all right, title and interest in and to the service remains with us. Except as expressly authorized by PM in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such Content. However, you may print or download a reasonable number of copies of the Content at this Website for your internal business purposes; provided, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other Content from this Website to create or compile, directly or indirectly, a collection, database or directory without written permission from PM is prohibited.
We welcome your comments about our Website, but please note that by uploading, submitting or otherwise disclosing or distributing content of any kind any including but not limited to, comments, feedback, reviews, photographs, original art, notes, messages, ideas, suggestions, or other communications (collectively “Comments”) at or otherwise through the Website, you:
- grant to Palmetto Moon, its affiliates and their assignees the perpetual, irrevocable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such Comments in any form and for any purpose, including without limitation, any concepts, ideas or know-how embodied therein without restriction and without compensating you in any way;
- represent and warrant to PM that you own or otherwise control all rights to such Comments and that disclosure and use of such Comments by PM (including without limitation, publishing content at the Website) will not infringe or violate the rights of any third party; and acknowledge that the Comments may not be treated confidentially.
FOR THIS REASON, WE ASK THAT YOU NOT SEND US ANY COMMENTS THAT YOU DO NOT WISH TO ASSIGN TO PM, INCLUDING ANY CONFIDENTIAL INFORMATION OR ANY ORIGINAL CREATIVE MATERIALS SUCH AS STORIES, PRODUCT IDEAS, COMPUTER CODE, PHOTOGRAPHS, OR ORIGINAL ARTWORK.
We may, in our sole discretion and at any time, discontinue the Website, either in part or in whole, with or without notice and/or we may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. You agree that any termination of your access to the Website may be affected without prior notice, and you agree that we shall not be liable to you or any third-party for any such termination. If you wish to terminate your account, you may simply discontinue using the Website.
The material in this Website could include technical inaccuracies or typographical errors, including pricing errors. Certain information is subject to change. Neither PM nor any of its suppliers or providers guarantee the accuracy, correctness, completeness, or timeliness of the services, data, or other information furnished via the Website. The products (“Products”) provided for sale through the Website are provided “AS IS” without warranty of any kind (unless otherwise set forth in a specific limited warranty provided with the applicable Product) and further provided that Products are subject to our return policies as specified on the Website from time to time. ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE WEBSITE AND CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (A) THE CONTENT IS TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (B) THE WEBSITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE WEBSITE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE AND BELOW LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL PM (OR ITS AFFILIATES, LICENSORS AND SUPPLIERS) BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, EVEN IF PM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (D) ANY DAMAGES IN EXCESS OF THE PURCHASE PRICE PAID BY YOU TO PM FOR THE PRODUCT OR SERVICE GIVING RISE TO THE LIABILITY. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
PM makes no representation that the Content is appropriate or available for use in locations outside the United States, and accessing the Website is prohibited from territories where such Content is illegal. If you access the Website from other locations, you do so at your own initiative and are responsible for compliance with local laws.
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
Integration and Severability
Copyright and Trademark Notices
If you believe a work on the Website constitutes infringement of your copyright or other intellectual property rights, please provide our Designated Agent with a written communication containing the following information:
- evidence of your authorization to act on behalf of the owner of the copyrighted work;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the alleged infringing material is located on the Website, including where the material is located;
- your address, telephone number, and email address;
- 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;
- 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; and
- your physical or electronic signature.
Palmetto Moon's Designated Agent for notice of claims of copyright infringement can be reached at: firstname.lastname@example.org.
You may contact Palmetto Moon at the following address:
Palmetto Moon, LLC
1950 Hanahan Road
North Charleston, SC 29406
Last Updated: October 9, 2017