Terms and Conditions
- When you use this web site, you are automatically agreeing that both your access to the site and your use of it are: Subject to the terms and conditions in this legal notice, which may change at any time without notice. Subject to all applicable laws. Undertaken at your own risk. Please refer to this page frequently to review our current terms and conditions of use.
All Pearly products are copyrighted, and is stamped on the product. The following elements of this web site are the property of Pearly or our suppliers and are protected by United States and international copyright laws: All text, content, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations -- both individually and as they are compiled on the site.
- The trademarks or trade dress of Pearly and our respective affiliates may not be used without our written permission. Trademarks or trade dress include the Pearly and Pearl Ng names and logos, and other graphics, logos, page headers, button icons, scripts, and service names of Pearly's products, services, and programs, and those of our respective affiliates.
- You have permission to electronically copy and print hard copies of pages from this web site solely for personal, non-commercial purposes related to placing an order or shopping with the web site. Unless we give you written permission in advance, any other use of this web site, its content and its information are strictly prohibited.
Errors and Inaccuracies
- Our goal is to provide complete, accurate, up-to-date information on our web site. Unfortunately, it is not possible to ensure that any web site is completely free of human or technological errors. This site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions -- including after an order has been submitted -- and to change or update information at any time without prior notice. Prices and descriptive information or imagery are subject to change without notice. We sincerely apologize for any inconvenience this may cause.
Disclaimer of Liability
- We make no representations or warranties of any kind, whether express or implied, with respect to this web site, its content, or the information available on or through it; they are provided "as is," with all faults. Except as otherwise provided under applicable laws, we and our corporate affiliates, and the directors, officers, employees, agents, contractors, successors and assigns of each, will not be liable for any damages whatsoever arising out of or related to the use of this web site or any other site linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages.
- Except for information necessary to place an order, we do not want to receive confidential or proprietary information or trade secrets through this Web site. Any information, materials, suggestions, ideas or comments sent to us will be deemed non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.
- By visiting this web site, you agree that the laws of the state of Indiana, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and us or any of our affiliates.
- Any dispute relating in any way to your visit to our web site or to products purchased here shall be submitted to confidential arbitration in Indianapolis, Indiana. However, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Indiana. You consent to exclusive jurisdiction and venue in such courts. Any arbitration under this agreement shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration with respect to this web site or to products purchased here shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.
Protecting Your Information
- As part of our ongoing commitment to ensure that your shopping experience with the web site is protected, we will prosecute all unauthorized or fraudulent transactions to the fullest extent allowed by law.
- We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation. We reserve the right, at our sole discretion, to limit the quantity of items purchased or that appear to be placed by dealers, resellers or distributors. In the event that a product is listed at an incorrect price, we shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit card account in the amount of the incorrect price.
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