Last Updated: February _18_ , 2021.
Pollardi Fashion Group and its American flagship Pollardi Fashion LLC, (collectively, "Pollardi" “we,” “us,” or “our”) are pleased to provide their current and prospective customers with the informational website located at www.pollardi.com .
These Terms of Use apply to your use of www.pollardi.com website (or any successor or similar digital property operated by us; or any other services that reference these Terms of Use) (the “Site”), and any other services provided by us (individually or collectively, the “Service”).
Pollardi and its parent, affiliates, and licensees, and their respective officers, directors, employees, members, shareholders, agents, successors, assigns, vendors, retail partners and any other party involved in the creation, operation, production or transmission of the Site or provision of any other Service shall be referred to herein as "Pollardi Parties."
PLEASE REVIEW THESE TERMS OF USE CAREFULLY PRIOR TO USING THE SITE OR ANY OTHER SERVICE. YOUR USE OF ANY SERVICE INDICATES YOUR ACCEPTANCE OF THESE TERMS OF USE. EACH TIME THAT YOU USE A SERVICE, THE CURRENT VERSION OF THESE TERMS OF USE WILL APPLY. WHEN YOU USE A SERVICE, YOU SHOULD CHECK THE DATE OF THESE TERMS OF USE (WHICH APPEARS ABOVE) AND REVIEW ANY CHANGES THAT HAVE BEEN MADE SINCE YOUR LAST VISIT TO THE SITE.
IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SITE OR ANY OTHER POLLARDI SERVICE.
- Site User Eligibility.
The Site is available worldwide and may be operated from various locations both within and outside the United States of America ("USA"). Access to and use of the Site, including functionality and features available on the Site ("Features") and products and services available for purchase through the Site, however, may be inappropriate, prohibited or restricted in countries outside the United States. The Pollardi Parties make no warranty or representations that the Site or the Features are appropriate or available for access/use outside of the USA. If you access/use the Site from outside the USA, you do so at your own risk and are responsible for complying with the laws and regulations of the territory from which you access/use the Site.
Users of all ages are welcome to browse the Site. However, if you are under the age of 13, you should not provide any information about yourself on or through the Site, including, but not limited to, your name, address, email address, phone number and other personal information.
- Use of Site.
The main purpose of the Site is to market Pollardi’s products and services, to provide Site users with the information as to how to purchase such products and services, and to facilitate such purchase. Currently the Site is not intended to sell Pollardi’s products and services directly to Site visitors.
- Establishing an Account.
Users of all ages are welcome to browse the Site, however, you may only establish an account if you are 18 years of age or over. In order to get in touch with Pollardi representative in order to purchase Pollardi’s products/services and in order to access/use some Features on the Site, you may be required to establish and use an account.
When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for your account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account and/or password shall be your responsibility. If you wish to delete your account you should send an email request to sales@pollardi.com
- Information You Provide/Submissions.
Your personal information will be handled in accordance with and subject to the terms of our Privacy Policy. Any other material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments and any other communication or content you transmit or post to the Site or any other Service in any form and in any manner ("User Communications") (i) is and will be considered non-confidential, non-personal and non-proprietary to you or anyone else and (ii) may be disseminated or used by the Pollardi Parties for any purpose without (a) compensation to you or anyone else or (b) acknowledgement of you or anyone else as the source of such User Communications. Therefore, do not transmit or post to the Site or other Service any ideas, materials, suggestions, content or other information you would like to keep confidential or for which you would like or expect acknowledgement or compensation.
- Ownership and Permitted Use of Content.
The Site design and all text, graphics, information, trademarks, service marks, trade names, photographs, advertisements, content, and other material displayed on or that can be downloaded from the Site or any other Service (the "Content") are either the property of, or used with permission by, Pollardi. The ownership of all Content is retained by its owner. You may not (i) modify the information or materials located on the Site or accessible via a Service in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose, including marketing, or (ii) remove, obscure or otherwise deface proprietary notices appearing on any Content, including copyright, trademark and other intellectual property notices.
The Content is protected by copyright, trademark and other laws and international treaty provisions and may not be used except as permitted in these Terms of Use or with the prior written permission of the owner of such Content. Any unauthorized use by you of such Content may subject you to civil and criminal penalties.
- Trademarks.
Certain trademarks, trade names, service marks and logos used or displayed on the Site or any other Service are registered and unregistered trademarks, trade names and service marks of the Pollardi Parties. Other trademarks, trade names and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on the Site or any Service grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the displayed trademarks, trade names, service marks or logos without the written permission of Pollardi, it parent, affiliates, or other related or affiliated parties.
- Availability of Products, Services, Site Content.
All Content, and products and services marketed and advertised on the Site or any other Service, including, but not limited to, prices of such products and services, are subject to change at any time without notice. In addition, any Content, product or service may be discontinued at any time in our sole discretion. The inclusion of any Content, products or services in the Site or other Service at a particular time does not imply or warrant that these products or services will be available at any time.
- Accuracy of Information.
The Pollardi Parties take reasonable efforts to ensure that information on the Site or provided via any other Service is complete, accurate and current. Despite such efforts, however, the information on the Site or made available via a Service may be inaccurate, incomplete or out of date. The Pollardi Parties make efforts to accurately display the attributes of our products and services available for purchase, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The Pollardi Parties make no representation as to the completeness, accuracy or timeliness of any information. For example, products included on the Site may be unavailable, may have different attributes than those listed, or, to the extent permitted by law, may actually carry a different price than that stated on the Site (if any). In addition, we may make changes in information about price and availability without notice. While it is the practice of the Pollardi Parties to confirm orders by email, the receipt of an email order confirmation does not constitute acceptance of an order or confirmation of an offer to sell a product or service. The Pollardi Parties reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. The Pollardi Parties also may require verification of information prior to the acceptance and/or shipment of any order.
- Linking to this Site.
Creating or maintaining any link from another website to any page on this Site without Pollardi's prior written permission is prohibited. Any permitted links to this Site must comply with all applicable laws, rule and regulations.
- Third Party Links.
From time to time, the Site or other Service may contain links to websites that are not governed by these Terms of Use (the "Linked Sites"). All such links are provided solely as a convenience to you. If you use these links, you will leave this Site. The Pollardi Parties are not responsible for any content, materials or other information located on or accessible from any other website. The Pollardi Parties do not endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located on or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this Site, you do so entirely at your own risk. You should review the policies and Terms of Use associated with Linked Sites closely before using, submitting information to such Linked Sites, and allowing children to visit Linked Sites.
- Disclaimer of Warranty.
THE SITE AND ANY OTHER SERVICE PROVIDED BY US ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, POLLARDI AND THE OTHER POLLARDI PARTIES DISCLAIM ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OR CONDITIONS: (i) OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; OR (ii) THAT ACCESS TO OR USE OF THE SITE OR ANY OTHER SERVICE OR ANY PART THEREOF WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR SECURE, OR THAT PROBLEMS WILL BE CORRECTED, EVEN IF POLLARDI OR ANY OTHER POLLARDI PARTY IS ON NOTICE OF SUCH PROBLEMS. YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES, ACCESSED THROUGH USE OF THE SERVICE IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS OF USE APPLICABLE TO THOSE THIRD-PARTY SITES AND RESOURCES.
- Limitations of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE POLLARDI PARTIES BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE ANY SERVICE, OR THE RESULTS THEREFROM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DISCLAIMER OF EXPRESS, IMPLIED OR STATUTORY WARRANTIES AND LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY THE LAWS OF CERTAIN JURISDICTIONS. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
- Termination.
Pollardi reserves the right to suspend or terminate your account (and, subject to applicable laws, delete the profile corresponding to such account and any accompanying content) or your use of the Site or Features or any other Service at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this Site and Features, products and services available on or through the Site, or any other Service at any time without notice. Notwithstanding the foregoing, the provisions of Sections 6, 11, 13 and 14 shall survive such suspension or termination of your account or suspension or termination of the Site by Pollardi.
- Governing Law and Dispute Resolution/Arbitration
Governing Law
To the fullest extent permitted by law, any claim, controversy or dispute arising out of or relating to the Site or any other Service, these terms or any other policies or other terms incorporated herein (including the breach, termination, enforcement, interpretation, enforceability, validity, or rights under any of any of the foregoing) (each, a “Dispute”) will be governed by and construed in accordance with the laws of the State of New York, USA, without regard to its choice of law principles.
Binding Arbitration
To the fullest extent permitted by law, you and Pollardi each agree to submit exclusively to confidential, binding arbitration in the event of a Dispute. The arbitration will be held in New York, New York on an individual basis and not as a class action. In the event that arbitration is not permitted by applicable law: (i) the parties expressly agree that any Dispute will be brought and heard solely and exclusively in the federal or state courts of competent jurisdiction located in New York County, New York and (ii) the parties waive any plea or defense that such courts of are not the appropriate venue or that they are not subject to personal jurisdiction of such courts.
To the fullest extent permitted by law and subject to the terms of the paragraph above regarding New York jurisdiction and venue: (i) you expressly waive any right you may have to arbitrate a dispute as a class action; and (ii) you also expressly waive your right to a jury trial. The arbitration will be administered by JAMS. You may obtain a copy of the rules of JAMS by contacting the organization. Each of us shall agree on one arbitrator to conduct the arbitration. In the event the parties cannot agree on an arbitrator, the arbitrator will be selected in accordance with the JAMS rules. Each party shall be responsible for its own attorney, expert and other fees, unless such fees are awarded by the arbitrator to the prevailing party.
Notwithstanding anything to the contrary in this Section, to the extent either party in any manner has violated or threatened to violate the other party’s intellectual property rights, the non-breaching party may seek injunctive or other appropriate relief in any state or provincial or federal court of competent jurisdiction.
Arbitration Final
The arbitrator’s award is final and binding on all parties. The New York law governs all arbitration under this clause. Any court having jurisdiction may enter judgment on the arbitrator’s award. If any part of this clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. Notwithstanding anything to the contrary contained herein, if the waiver of class action rights contained herein is not enforceable as to any person or persons, such non-enforceability shall apply to such person or persons only, and all other persons shall continue to be governed by the Arbitration Clause.
Giving Up Right of Class Action
As stated above, to the fullest extent permitted by law, these terms provide that all Disputes will be resolved by binding arbitration and not in court or by jury trial. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST THE POLLARDI PARTIES INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN ANY STATE OR PROVINCIAL STATUTE.
Additional Limit on Claims
Except as otherwise prohibited by law, any Dispute must be brought within one (1) year from the date the cause of action arises.
To the extent that any portions of this Section are prohibited by law (please refer to your local laws for any such prohibitions), then such portions shall be modified to the extent possible and necessary to preserve the original intentions of this Section, and the validity or enforceability of the remaining portions of this Section shall not in any way be affected or impaired thereby.
- Miscellaneous
You may not use the Site or any Service to import, export re-import or re-export materials or other content in violation of any applicable laws or regulations including without limitation United States import and export laws and regulations.
If any provision of these terms is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
These Terms of Use and any other policies or other terms incorporated herein, constitute the entire agreement between you and Pollardi relating to your use of the Site or any other Service and the use, handling, and rights to User Information or personal information submitted or provided by you, superseding any other agreement between you and Pollardi with respect to the subject matter hereof. Section headings in these terms are for convenience only and have no legal or contractual effect. If any provision of these terms or any other policies or other terms incorporated herein shall be found to be unenforceable, the other provisions shall still remain in full force and effect.
A printed version of these terms or any other policies or other terms incorporated herein shall be admissible in judicial and administrative proceedings based thereon to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Contact Us.
For issues or questions related to the Site or any other Service or these Terms of Use please send a message to __sales@pollardi.com__ or call us at __+380730099290__.
