Terms of service

PLEASE READ CAREFULLY. YOU ARE ACKNOWLEDGING AND ACCEPTING THE TERMS AND CONDITIONS OF USE SET FORTH BELOW BY USING THIS WEBSITE AND THAT ANY ACCESS OR USE IS UNDERTAKEN AT THE USER’S OWN RISK. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT PRIOR NOTICE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT THE WEBSITE.

DISCLAIMER AND LIMITATION OF LIABILITY.
EXCEPT AS OTHERWISE PROVIDED, THIS WEBSITE, ITS CONTENTS AND ITS PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND ON AN “AS AVAILABLE” BASIS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND/OR THE SERVICES INCLUDED ON THIS WEBSITE. TO THE FULL EXTENT PERMISSIBLE, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT WARRANT THAT YOUR USE OF THIS WEBSITE WILL BE ERROR FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, LOSS, DAMAGE (WHETHER ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER BASED UPON, OR RESULTING FROM, YOUR USE OF THIS WEBSITE, OR ANY INFORMATION, MATERIALS OR SERVICES PROVIDED ON THIS WEBSITE. NO ORAL STATEMENTS OR ADVICE OR WRITTEN INFORMATION GIVEN BY PMI Logistics (THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, CONTRACTORS, SUCCESSORS, VENDORS, PROVIDERS, ASSIGNS, SUBSIDIARIES OR AFFILIATED COMPANIES (hereinafter “Pro-Mart Industries”) SHALL CREATE A WARRANTY.

PRO-MART INDUSTRIES IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

OWNERSHIP
This website is owned and operated by Pro-Mart Industries. All information, including all graphics, photographs, graphics, text, videos, software and all other materials on this website is our property or the property of licensors. You do not, by using this website, acquire any ownership interest or rights to any content on this website.

ACCURACY OF INFORMATION
We provide the most accurate information on this website as possible. However, we do not warrant that product descriptions or other content on this website is accurate, complete, reliable, current or error-free. Your sole remedy for the purchase of any product from this website is to return it in its unused condition in accordance with the contract of sale.

Although we have tried to accurately display the colors of products, the actual colors of items displayed may depend on your monitor and may not be accurate. Pro-Mart Industries does not and cannot guarantee that your monitor’s display of color will be accurate. Merchandise availability on our websites is not guaranteed as it may be low in stock. The website may contain typographical errors or inaccuracies and may not be complete or current. Errors will be corrected when discovered. Pro-Mart Industries reserves the right to correct, update or change the information at any time without further notice.

All descriptions, images, content, specifications, products and prices described or depicted are subject to change at any time without notice. Certain measurements, weights, and other descriptions may be approximate and are provided as a convenience only.

Purchases and Shipping:
All products purchased from or via this website are transported and delivered to you by an independent carrier not affiliated with, or controlled by, us. Except as otherwise set forth herein, the risk of loss for and title to merchandise purchased on the website passes to you upon delivery to the carrier. Once we have delivered the merchandise to the carrier. It is your responsibility to file any claim(s) with the carrier for damaged and/or lost shipments.

Pricing Issues:
Check the offer disclaimers carefully. Sometimes only specific colors or sizes are offered at reduced prices. Please note that there are certain items where discounts do not apply.

Contract Information:
No contract will exist between you and us for the sale of any product or service unless and until we accept your purchase by email confirming your purchase, issue you a confirmation code and ship any applicable products to you. No action by Pro-Mart Industries prior to shipment will constitute acceptance.

Sales Tax:
You will be charged sales tax as required by law. Any purchases by customers in California will include sales tax prevailing rate for that county and/or city.

Disputes:
We are ready and willing to assist you and address any concerns or problems you may have with a product. If we are unable to resolve your issues, problems or concerns, by using this website, you are unconditionally agreeing that any and all claims relating to your access or use of our websites, including all disputes arising out of, or related to, any products or services purchased from Pro-Mart Industries through our websites will be resolved entirely through binding individual arbitration, rather than in court. You may also assert individual claims in small claims court if your claims otherwise qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

In an arbitration, there is no judge or jury, no class actions, and a court’s ability to review of an arbitration award is limited. An arbitrator can award the same damages, on an individual basis, as you could obtain in court, including injunctive and declaratory relief or statutory damages.

To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to our registered agent. You agree that the arbitration will be conducted by the Judicial Arbitration and Mediation Services (“JAMS”), jamsadr.com, 1.800.352.5267. You can contact JAMS to find out more information on how to begin an arbitration proceeding.

We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

IN USING THIS WEBSITE, YOU ARE AGREEING THAT YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN AN ACTION IN COURT, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM OR ACTION. YOU ARE ALSO AGREEING THAT YOUR RIGHT TO ENGAGE IN DISCOVERY MAY BE LIMITED AS PROVIDED BY THE JAMS RULES AND THAT THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF MAY BE LIMITED. OTHER RIGHTS THAT YOU OR PRO-MART INDUSTRIES WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Trademarks and Copyrights:
The trademarks, logos, and service marks on this website, are registered and unregistered trademarks of Pro-Mart Industries, its affiliates and subsidiaries are the property of their respective owners. Nothing in this website grants to you any license or right to use any trademark, logos or service marks displayed on this website without the written permission of the owner. Your use or misuse of the trademarks, logos or service marks on this website, or any other content on this website, is strictly prohibited without express written consent.

By using this website, you acknowledge that the website contains information, data, software, photographs, videos, typefaces, graphics, music, sounds, and other material protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms. You may not modify, remove, delete, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content on this website. Except as permitted by law, you may not upload, post, reproduce, or distribute in any way the information, data, photographs, graphics or other content protected by copyright or other proprietary right, without obtaining permission of the owner.

Electronic Communications Notice:
By using this website, you are consenting to receive communications from us electronically, either by email or by posting notices on this website. 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. You agree that we may send email to you for the purpose of advising you of changes or additions to this website, about any of our products or services, or for such other purposes as we deem appropriate.

Personal Information:
We collect the personal data provided by you in ordering, responding to a survey, or other forms, or by email, including but not limited to your name, address, phone number or email address, the items you purchase, method of payment and payment information, billing and shipping address and contact information. We will use personally identifiable information provided to fulfill the purpose for which such information was provided, as described in our Privacy Policy, and as disclosed at the time the visitor information is requested. Please visit our Privacy Policy for more information. This website is not intended for children under thirteen years of age.

User Comments, Feedback and other Submissions:
We welcome your comments, feedback, photos, videos and other information you submit on the website as long as the content complies with these terms and conditions. All comments, reviews, feedback, suggestions, ideas, images, photographs, video and audio clips, graphics, tags, material, information and other submissions toPro-Mart Industries shall be and remain the property of Pro-Mart Industries. By submitting any such materials, comments, photographs, etc., you are assigning all worldwide rights, titles and interests in all copyrights and other intellectual properties to those submissions and Pro-Mart Industries will exclusively own all rights, titles and interests in the submissions and will be able to use it, without restriction. By submitting any comments, posts, hashtags, reviews, feedback, suggestions, ideas, images, photographs, video and audio clips, graphics, tags, material, information and other submissions, you are waiving any claim of confidentiality, any right of payment or compensation, and any right of credit or ownership.

You welcome to post to out blog and to hashtag or tag our items in your photographs subject to the provisions of these terms and conditions. In doing so, you are providing us with permission and authorizing us to repost those photographs and use them, without charge, and without restriction and are waiving any claim of confidentiality, any right of payment and any right of credit or ownership.

Pro-Mart Industries does not want to receive any proprietary, confidential or trade secret information. Any information you provide to Pro-Mart Industries will be deemed to be non-confidential. You agree and warrant that all comments, reviews, feedback, suggestions, ideas, images, photographs, video and audio clips, graphics, tags, material, information and other submissions by you to the website will not violate any rights of any third party, including copyright, trademark, privacy, proprietary, trade secret or other personal or proprietary right(s). You further agree and warrant that any and all comments, reviews, feedback, suggestions, ideas, images, photographs, video and audio clips, graphics, tags, material, information and other submissions by you will not be and will not contain libelous or otherwise unlawful, abusive, obscene, discriminatory, harassing, retaliatory or otherwise objectionable material and that you are and shall remain solely responsible for any and all submissions to the website. You agree that Pro-Mart Industries may use and/or disclose information about your demographics and use of the website in any manner that does not reveal your identity. By participating in website sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that Pro-Mart Industries may use your information for marketing and promotional purposes, including your photograph.

International Access:
This website may be accessed from countries other than the United States. This website may contain products or references to products that are not available outside of the United States and there is no implied or express promise or representation that such products will be made available outside the United States. If you access and use this website outside the United States you are responsible for complying with your local laws and regulations. By using the website you consent to all the use, collection, transfer and processing of your personally identifiable information in the United States.

Links to this website:
Creating or maintaining any link from another website to any page on this website without our prior written permission is prohibited. Running or displaying this website or any material displayed on this website on another website without our prior written permission is prohibited. Any permitted links to this website must comply with the terms and conditions of our permission as well as all applicable laws, rule and regulations.

Links to other websites:
Our website or mobile application may provide links to other Internet websites, content or videos (embedded or direct links) maintained by third parties. We are not responsible for the websites, content, or videos accessed via the links, and we have not reviewed the privacy practices of those third parties. We encourage you to review the privacy practices of those third parties

Revisions to these terms and conditions:
We may revise these Terms and Conditions at any time and from time to time by updating this posting. If you do not agree to any of these terms or any future terms, do not use this website.

Indemnification:
You agree to defend, indemnify, and hold harmless PMI Logistics and their respective directors, officers, employees, shareholders, agents, owners, licensors, licensees, subsidiaries, assigns and affiliated companies against all claims, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising out of a breach of these Terms and Conditions by you and/or your activities in connection with this website or any services related to this website. We may participate in the defense of any claim.

No Waiver:
No waiver or, or delay in enforcing, any provision or any breach of these terms and conditions by Pro-Mart Industries and shall be deemed a waiver of any other provision or breach of the same or any other provision. No action designed to minimize or prevent liability to Pro-Mart Industries shall be deemed a waiver of any provision or breach of these terms and conditions.

Ability to Sever:
If any provision in these terms and conditions are held to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.

Choice of Law:
These terms and conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Complete Agreement:
These terms and conditions contain the entire agreement between you and us with respect to this website and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to this website.

SMS/MMS mobile message marketing program terms and conditions:
PMI Logistics (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”).  By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below.  This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In:
The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program.  By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us.  While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. 


User Opt Out: 
If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program.  You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out.  You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: 
If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number.  You understand and agree that your agreement to do so is a material part of these terms and conditions.

You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number.  This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description:
Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of  [DESCRIBE COMPANY’S GOODS/SERVICE OFFERINGS – THIS SHOULD BE BROAD AND GENERAL TO ENCOMPASS AND TYPE OF MESSAGE YOU MAY SEND. MESSAGES OUTSIDE OF THIS SCOPE MAY NOT BE ALLOWED UNDER THE TCPA].

Cost and Frequency:
Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions:
For support regarding the Program, text “HELP” to the number you received messages from or email us at [COMPANY’S CUSTOMER SERVICE EMAIL ADDRESS].  Please note that the use of this email address is not an acceptable method of opting out of the program.  Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure:
The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty:
The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements:
You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: 
You may not use of engage with the Platform if you are under thirteen (13) years of age.  If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so.  By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction.  By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content:
You acknowledge and agree to not send any prohibited content over the Platform.

Prohibited content includes but not limited too:

• Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity
• Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age
• Pirated computer programs, viruses, worms, Trojan horses, or other harmful code
• Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received
• Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act)
• Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent

Dispute Resolution:
In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Irvine, CA before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which [COMPANY NAME]’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute.  If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”).  The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract.  The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.  Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right.  If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceable shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction.  If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial.  This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous:
You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.