Terms Of Use

Effective April 1, 2017

Welcome to our online store! PinkModesty.com and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these terms and conditions. Please read them carefully. 

ELECTRONIC COMMUNICATIONS

When you visit PinkModesty.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Pink Modesty or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Pink Modesty, with copyright authorship for this collection by Pink Modesty, and protected by international copyright laws.

TRADE MARKS

Pink Modesty s, trademarks and trade dress may not be used in connection with any product or service that is not Pink Modesty s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Pink Modesty. All other trademarks not owned by Pink Modesty or its subsidiaries 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 Pink Modesty or its subsidiaries.

LICENSE AND SITE ACCESS

Pink Modesty grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Pink Modesty.This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Pink Modesty. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PinkModesty.com and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Pink Modesty s name or trademarks without the express written consent of PinkModesty.com. Any unauthorized use terminates the permission or license granted by PinkModesty.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Pink Modesty so long as the link does not portray Pink Modesty, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any PinkModesty.com logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR MEMBERSHIP ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Pink Modesty and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. PinkModesty.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant PinkModesty.com and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Pink Modesty and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Pink Modesty.com or its associates for all claims resulting from content you supply. PinkModesty.com has the right but not the obligation to monitor and edit or remove any activity or content. Pink Modesty takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

All items purchased from PinkModesty.com are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PRODUCT DESCRIPTIONS

PinkModesty.com and its associates attempt to be as accurate as possible. However, PinkModesty.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by PinkModesty.com itself is not as described, your sole remedy is to return it in unused condition. We make reasonable efforts to display, as accurately as possible, the colors of our products. However, the actual colors you see depend on your monitor or device, and thus we cannot guarantee that the colors of products you see when viewing the Website will be accurate.


DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY Pink Modesty ON AN "AS IS" AND "AS AVAILABLE" BASIS. Pink Modesty MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Pink Modesty DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Pink Modesty DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Pink Modesty ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Pink Modesty WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 

APPLICABLE LAW

By visiting Pink Modesty, you agree that the laws of the state of California,U.S.A, 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 Pink Modesty or its associates.

DISPUTES

Any dispute relating in any way to your visit to PinkModesty.com or to products you purchase through PinkModesty.com shall be submitted to confidential arbitration in California,U.S.A, except that, to the extent you have in any manner violated or threatened to violate Pink Modesty's intellectual property rights, PinkModesty.com may seek injunctive or other appropriate relief in any state or federal court in the state of California,U.S.A, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators 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 under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to PinkModesty.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

General Legal

Our Website operates Pink Modesty is Powered by Shopify and we do not represent or warrant that our Website will be available at all times, or that your use of the Website will be uninterrupted or error-free. We are not responsible for your ability to access the Website or for matters beyond our control. This Policy will be governed by and construed in accordance with the laws of the State of California, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to any use of the Website will be filed only in the state or federal courts located in Los Angeles County, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless PinkModesty.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

GENERAL CONDITIONS

To the fullest extent permitted by law, we reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

To the fullest extent permitted by law, we are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. To the fullest extent permitted by law, we reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

To the fullest extent permitted by law, we shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Links To Other Websites And Information About Other Products And Services

 Links found on this Website may let you leave our Website and go to sites operated by parties other than the Company. The linked sites are often not under the control of the Company and we are not responsible for the contents of any linked site or any link contained in a linked site that are not owned and operated by the Company, or any changes or updates to such sites. Such links by this Website to sites maintained by third parties do not constitute an endorsement, guaranty, or warranty by the Company, or any of its affiliates, of any third party or their content, nor the existence of a partnership, joint venture, agency, or other relationship between the Company, or any of its affiliates, and any linked third party or their content. The Company does not assume any responsibility or liability for the actions, products, content and/or information of these and other third parties and/or their websites. You should carefully review their privacy statements and other conditions of use.

Entire Agreement

 This Agreement, our PrivacyPolicy and Terms Of Use, and all other policies posted on the Website contain the entire agreement between you and the Company with respect to this Website and your purchases through the Website. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to this Website. Any rights not expressly granted herein are reserved.

Indemnity

 You agree to indemnify and hold Company, its subsidiaries and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising from your breach of this Agreement and/or any activity under your account.

Charity Donation

Pink Modesty Donates 10% of all sales to a charity of your choice at check out if desired.You just have to select the one you want.10% is deducted from your sale purchase when you select the charity of choice.

 QUESTIONS

Questions regarding our Conditions of Usage, Privacy Policy, or other policy-related material can be directed to our support staff by clicking on the "Contact Us" link in the side menu. Or you can email us at: CustomerService@pinkmodesty.me