Public Choice Design DISCLAIMER
Your Use of the Public Choice Design Sites
You certify that the Content you provide on or through the Public Choice Design Sites is accurate and that the information you provide on or through the Public Choice Design Sites is complete. You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN. Public Choice Design is not responsible for any losses arising out of the unauthorized use of your account. You agree that Public Choice Design does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the Public Choice Design Sites. You agree that Public Choice Design is not a party to any such agreement, nor is Public Choice Design responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the Public Choice Design Sites or any portion of the Public Choice Design Sites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the Public Choice Design Sites or any portion of the Public Choice Design Sites.
- In connection with the Public Choice Design Sites, you will not:
- Be able to make available any Content through or in connection with the Public Choice Design Sites.
- Make available through or in connection with the Public Choice Design Sites any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
- Use the Public Choice Design Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or collect information about users of the Public Choice Design Sites.
- Interfere with or disrupt the operation of the Public Choice Design Sites or the systems, servers, or networks used to make the Public Choice Design Sites available, including by hacking or defacing any portion of the Public Choice Design Sites; or violate any requirement, procedure or policy of such servers or networks.
- Restrict or inhibit any other person from using the Public Choice Design Sites.
- Reverse engineer, decompile, or disassemble any portion of the Public Choice Design Sites, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark, or other proprietary rights notice from the Public Choice Design Sites.
- Frame or mirror any portion of the Public Choice Design Sites, or otherwise incorporate any portion of the Public Choice Design Sites into any product or service, unless you obtain Public Choice Design’s express prior written consent to do so.
- Systematically download and store any Materials.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the Public Choice Design Sites, without Public Choice Design’s express prior written consent.
- Cause injury to any person or entity.
- You will not use the Public Choice Design Sites or Public Choice Design’s name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a Public Choice Design trademark, logo, URL, or product name without Public Choice Design’s written consent;
Content and Ideas
Prohibited Contentyou agree that you will not make available Content in connection with the Public Choice Design Sites that:
- Is false, fraudulent, inaccurate, or misleading;
- Contains your full name(s), or any other confidential personally identifiable information of yourself or others;
- Violates any local, state, federal, or international laws or is otherwise tortious;
- Is protected by or would infringe on the rights of others (including Public Choice Design), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
- Is obscene, indecent, pornographic, or otherwise objectionable;
- Is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Public Choice Design in its sole discretion;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- Is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
- Contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from Public Choice Design;
- Contains or relates to chain letters or pyramid schemes;
- Impersonates another business, person, or entity, including Public Choice Design, its related entities, employees, and agents;
- Violates any policy posted on the Public Choice Design Sites; or
- Is intended to cause harm, damage, disable, or otherwise interfere with the Public Choice Design Sites or our partners.
Monitoring by Public Choice Design
The Sites may make available listings, descriptions, and images of goods and services (collectively, “Products”). Such Products may be made available by us or by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites). Such information and the availability of any Product are subject to change at any time without notice.
We have made efforts to accurately display the attributes of Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.
We sell Products for children’s use; however, these Products are intended for sale to adults.
Public Choice Design has no liability to you for content on the Public Choice Design Sites that you find to be offensive, indecent, or objectionable. Certain videos, movies, TV programs, video games, computer games, and other Products are labeled with age restrictions or are intended for individuals of certain ages or “mature audiences” only. By ordering an age restricted item, you certify that you satisfy the age restrictions.
Public Choice Design is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including any Public Choice Design Entity our advertisers, or other third parties to whose sites we link. While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on Public Choice Design Sites, including the product description, country of origin, nutrition, ingredient, allergen, and other information. Always read labels, warnings, directions, and other information provided with the product before using or consuming the product. For additional information about a product, please contact the manufacturer. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return), in accordance with Public Choice Design’s return policy. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.
Third Party Sites
Placing an Order
Order Acceptance and Billing
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes. You will not be charged for most orders until the order has shipped. Some exceptions (when you will be charged at the time your order is placed) are: (I) orders or preorders paid for with a Credit Card, or PayPal account.
Pricing Information; Availability
Public Choice Design cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the Public Choice Design Sites. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. Public Choice Design reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Public Choice Design. Public Choice Design may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the Public Choice Design Sites or from prices available in Public Choice Design stores or on Public Choice Design Apps.
Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.
Shipping and Delivery
Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Public Choice Design Sites. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.
Delivery of Products purchased from the Public Choice Design Sites to addresses outside the United States is limited. Some Products also have restricted delivery within the United States as local deliveries. Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products.
You acknowledge that (a) goods licensed or sold on the Public Choice Design Sites, and (b) any software or technology purchased, downloaded, or used from the Public Choice Design Sites, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received, and you agree to comply with all applicable laws. You agree, represent, and warrant that no Materials will be accessed from, downloaded in, released in, carried to, transferred to, transshipped through, exported to, or re-exported (collectively “transferred”) to any territory (or national resident thereof), person, entity, or organization to which such Materials could not be transferred directly from the United States or by a U.S. person without a license, including without limitation to any person on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List.
No license, right, title, or interest in the Public Choice Design Sites or any Materials is transferred to you as a result of your use of the Public Choice Design Sites or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the Public Choice Design Sites. The Public Choice Design Sites and Materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Public Choice Design Sites and the Materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the Public Choice Design Sites and Materials is the exclusive property of Public Choice Design and is also protected by U.S. and international copyright laws.
Public Choice Design, the PublicChoiceDesign.COM names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Public Choice Design Sites are trademarks or trade dress of Public Choice Design in the U.S. and other countries. All other marks are the property of their respective companies.
Third-Party Software & Licensing Notices
Terms Applicable to Special Public Choice Design Services
- Public Choice Design Public Choice Design operates an online program on the Public Choice Design Sites (available at http://www.PublicChoiceDesign.com/) which enables s to sell their products alongside Public Choice Design products and, once an order is placed, to ship such s’ products directly to the customer (the “Public Choice Design ”). Any use of the Public Choice Design is subject to the following additional terms:
- When we say “ ,” we mean any entity or that sells goods or services in the Public Choice Design through the Public Choice Design Sites, uses any order processing, fulfillment, shipping, or other services related to the Public Choice Design provided by or for Public Choice Design, or uses any platform, portal, web service, application, interface, or other tool provided by or for Public Choice Design in connection with the Public Choice Design .
- To the fullest extent provided by applicable law, Public Choice Design has no responsibility or liability for any or their products.
Disclaimer of Warranties
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, Public Choice Design WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE Public Choice Design SITES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF A Public Choice Design ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO Public Choice Design ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE Public Choice Design SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO Public Choice Design ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY ), SHOPPER, OR OTHER USER OF THE Public Choice Design SITES.
Disputes & Arbitration; Applicable Law
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the Public Choice Design Sites constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and Public Choice Design will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.
How to Contact Us
Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.