Terms of service

TERMS OF SERVICE

www.thepinkcase.com

Last updated: 22nd November 2024

1. Introduction

Welcome to ThePinkCase.com, the digital home of The Pink Case LLC ("The Pink Case", "we", "us", or "our"). We provide access to our website and sell our products subject to the following terms and conditions.

By accessing and using this website, including purchasing products, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms"). These Terms govern your access to and use of ThePinkCase.com and any related services provided by The Pink Case LLC.

If you do not agree with any part of these Terms, you must immediately discontinue your use of this website.

2. Acceptance of Terms

Your access to and use of our website constitutes your acceptance of these Terms and any changes or modifications made by The Pink Case LLC. Such changes may be made without prior notice, although we will strive to provide reasonable notice wherever feasible. Your continued use of ThePinkCase.com after any changes signifies your acceptance of these updates. You are encouraged to review the Terms periodically to ensure that you are aware of our latest updates.

3. User Eligibility

The use of The Pink Case LLC and its products is intended only for persons who are 18 years of age or older. By agreeing to these Terms, you represent and warrant that you are at least 18 years old, have the legal capacity to enter into binding contracts, and are fully able and competent to satisfy the conditions, obligations, affirmations, representations, and warranties set forth in these Terms.

It is your responsibility to ensure that you are legally allowed to purchase our products in your jurisdiction. The Pink Case LLC is not responsible for verifying the eligibility or legal status of its clients and does not assume liability for any misrepresentation regarding a user's age or legal ability to purchase products.

If you are under 18 years old, you must not use this website, register for an account, or make purchases. You must verify your age at the time of purchase and ensure compliance with this policy.

4. Account Registration and Security

To access certain features of our website, you may be required to create an account. In registering an account, you agree to:

  • Provide accurate, current, and complete information about yourself as may be prompted by any registration forms on the website ("Registration Data").
  • Maintain the security of your password and identification.
  • Maintain and promptly update the Registration Data, and any other information you provide to The Pink Case LLC, to keep it accurate, current, and complete.
  • Accept all risks of unauthorized access to the Registration Data and any other information you provide to The Pink Case LLC.

You are responsible for safeguarding your password and other account details and are fully responsible for all activities that occur under your account, whether or not you have authorized such activities. The Pink Case LLC will not be liable for any losses caused by any unauthorized use of your account.

5. Privacy and Data Protection

Your privacy is very important to us. We have developed a Privacy Policy in order to inform you of our practices with respect to the collection, use, and disclosure of personal information. You can find our Privacy Policy on our website, which is incorporated by reference into these Terms. By using our website, you consent to the data practices prescribed in the Privacy Policy.

6. Intellectual Property Rights

All content present on ThePinkCase.com, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of The Pink Case LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of The Pink Case LLC and protected by U.S. and international copyright laws.

All trademarks not owned by The Pink Case LLC that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Pink Case LLC.

7. Product and Service Information

We make every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

The Pink Case LLC reserves the right, but is not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.

8. Pricing and Payments

All prices displayed on ThePinkCase.com are quoted in U.S. dollars. We reserve the right to adjust prices as we deem necessary. The Pink Case LLC accepts various forms of payment, including credit cards and digital wallets. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store.

Prices for our products are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the service.

9. Promotions and Offers

From time to time, The Pink Case LLC may offer promotions or other incentives, which may be governed by terms and conditions separate from or in addition to these Terms. If the rules for a promotion conflict with these Terms, the promotion’s rules will apply.

10. Shipping and Delivery

The Pink Case LLC ships to addresses within the USA currently, and may take international orders in the near future. Please refer to our Shipping, Return and Refund policy for more information on this section.

11. Returns, and Refunds

Please refer to our Shipping, Return and Refund policy for more information on this section.

12. Dispute Resolution

In the event of a dispute, we strive to provide a fair and rapid resolution. We encourage you to contact us directly to seek a resolution via email at info@thepinkcase.com. If we are unable to resolve the dispute, we agree to binding arbitration under the rules of the American Arbitration Association. Arbitration shall be conducted in Texas, USA.

13. Limitations of Liability

The Pink Case LLC shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if The Pink Case LLC has been advised of the possibility of such damages), resulting from the use or the inability to use the product(s) or service(s) or any misuse of the product(s) or service(s) in a manner not in accordance with their intended use.

14. User Conduct and Prohibitions

You agree to use ThePinkCase.com only for lawful purposes and in compliance with these Terms. You are prohibited from using the site or its content:

  • For any unlawful purpose.
  • To solicit others to perform or participate in any unlawful acts.
  • To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances.
  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
  • To submit false or misleading information.
  • To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet.
  • To collect or track the personal information of others.
  • To spam, phish, pharm, pretext, spider, crawl, or scrape.
  • For any obscene or immoral purpose.
  • To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

15. Third-Party Links and Content

ThePinkCase.com may contain links to third-party websites or services that are not owned or controlled by The Pink Case LLC. The Pink Case LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that The Pink Case LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.

16. Indemnification

You agree to indemnify, defend, and hold harmless The Pink Case LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

17. Modifications to the Service and Terms

The Pink Case LLC reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

We may also revise these Terms of Service from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons. The most current version will always be posted on our website. By continuing to use our website and/or services after these revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

18. Termination and Suspension

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

19. Feedback and User Submissions

Any feedback you provide at this site shall be deemed to be non-confidential. The Pink Case LLC shall be free to use such information on an unrestricted basis. Furthermore, by submitting feedback and/or proposals to The Pink Case LLC through our contact or feedback webpages, you acknowledge and agree that: (a) your submissions do not contain confidential or proprietary information; (b) The Pink Case LLC is not under any obligation of confidentiality, express or implied, with respect to the submissions; (c) The Pink Case LLC shall be entitled to use or disclose (or choose not to use or disclose) such submissions for any purpose, in any way, in any media worldwide; (d) The Pink Case LLC may have something similar to the submissions already under consideration or in development; (e) your submissions automatically become the property of The Pink Case LLC without any obligation of The Pink Case LLC to you; and (f) you are not entitled to any compensation or reimbursement of any kind from The Pink Case LLC under any circumstances.

20. Accessibility

The Pink Case LLC is committed to facilitating the accessibility and usability of its Web site, ThePinkCase.com, for all people with disabilities. Working with a retained accessibility consultant, The Pink Case LLC will be implementing over time the relevant portions of the World Wide Web Consortium’s Web Content Accessibility Guidelines 2.1 Level AA (WCAG 2.1 AA) as its web accessibility standard or other standards to the extent required by the Americans with Disabilities Act ("ADA"). Our website will be tested on a periodic basis with assistive technology such as screen readers and screen magnifiers, and with users with disabilities who use these technologies.

21. Force Majeure

Neither party shall be liable for any failure to perform its obligations where such failure results from any cause beyond the party's reasonable control, including, but not limited to, mechanical, electronic, or communications failure or degradation (including "line-noise" interference). These causes will include but are not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

22. Entire Agreement

These Terms, together with any amendments and any additional agreements you may enter into with The Pink Case LLC in connection with our products or services, shall constitute the entire agreement between you and The Pink Case LLC concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

23. Severability

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

24. No Waiver

The failure of The Pink Case LLC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waivers of any terms, provisions, or conditions of these Terms must be made in writing to be effective.

25. Contact Information

For any questions or inquiries regarding these Terms or the services provided by The Pink Case LLC, please contact us at:

The Pink Case LLC
Email: info@thepinkcase.com