With regard to services, we may not specifically notify you of any proposed changes to the service and it is recommended that you periodically review the website. Your use of the service after such changes have been posted constitutes your acceptance of all changes.
The Service is being offered only to natural persons age eighteen (18) years or older and legal entities whose authorized principals are age eighteen (18) years or older. By accepting the terms of this Agreement, you hereby represent and warrant that you are a natural person or authorized representative of a legal entity and that you are 18 years or older.
, which also applies to your visit and use of Pacific Mountain.
OWNERSHIP AND COPYRIGHT
The Pacific Mountain web site with all design and content, including text, graphics, logos, icons, images, artwork, audio and video clips and software belongs exclusively to Pacific Mountain, its affiliated corporate entities or its suppliers. The collection, arrangement, and assembly of all such text, graphics, button icons, images and software belong exclusively to Pacific Mountain
Every material included in this web site is property of Pacific Mountain (or is used under license to Pacific Mountain) and is protected by United States and International copyright laws.
REVIEWS AND COMMENTS
Anything that you submit to Pacific Mountain (including ideas, reviews, comments and suggestions) automatically become the sole and exclusive property of Pacific Mountain and will be treated as non-confidential and non-proprietary. Pacific Mountain, will have the royalty-free, irrevocable and transferable right to use, copy, distribute, display, adapt and create derivative works from such submissions.
You may not use a false email address, impersonate any person, or otherwise mislead us as to the origin of any comment or suggestion.
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 Pacific Mountain account or password.
The account user is responsible for the veracity and accuracy of all the data and information submitted in any way to Pacific Mountain and to maintain and promptly update the Registration Data, and any information you provide, to keep it accurate, current and complete. The account user (and not Pacific Mountain) is responsible for any possible problem or harm resulting from incorrect or inaccurate data or information submitting. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website.
The account user is responsible for the correct use of the account and the data and information submitted. Incorrect use of Pacific Mountain account may result in the suspension or cancellation of the Pacific Mountain account.
We reserve the right to stop accepting credit cards from one or more issuers for any reason. If the card expires, you close your account, your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise us at once.
You may be required to give us a valid credit card number when paying for goods. You shall only provide us with information regarding a credit card for which you are the registered owner and, under no circumstances shall you provide us with any billing or payment information (including any credit card information) for any person or entity other than yourself. Fraud transactions may attract criminal penalties.
TRADEMARKS AND SERVICE MARKS
Pacific Mountain and other logos, service or trade names used on Pacific Mountain are registered trademarks, registered service mark, trademarks or service marks of Pacific Mountain, its affiliated corporate entities or its suppliers. The use of any Pacific Mountain trademark or service mark is prohibited without the prior written consent of Pacific Mountain
Shipping and Billing Address Disclaimer
Please make sure you provide a valid, correctly inputted shipping and billing address when ordering. In the event we cannot validate an address, Pacific Mountain will place the order on hold and contact the buyer to confirm or correct their address. Pacific Mountain is not responsible for delaying shipments if shipping corrections need to be made. Pacific Mountain is not responsible for any fees that may be incurred from delaying shipments (e.g. a customer pays for 3 Day expedited shipping, but put the wrong shipping address. Pacific Mountain will hold the order despite being an expedited package, and wait to confirm the address with the customer to ensure the item ships safely and securely). It is the buyer's sole responsibility to provide the correct shipping and billing address. If the package has already shipped, but has an incorrect shipping and/or billing address, it is the responsibility of the buyer to pay the cost to intercept and re-routing the package or pay return shipping expenses to mail the item back to our return facility.
Fraudulent Flagged Orders
Pacific Mountain reserves the right to hold and do not ship fraudulent flagged orders. Pacific Mountain is not responsible for delaying shipments if payment authenticity verification is need to be made. Pacific Mountain is not responsible for any fees that may be incurred from delaying shipments. An order may be flagged as fraudulent by our credit card processor, our e-commerce platform or any customer service agent.
RISK OF LOSS
All items purchased from Pacific Mountain are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
WRONG ORDER DELIVERED
Although we check most of the orders we fulfill, on very rare occasions what you received may not be what you ordered. If this happens we will be happy to accept an exchange at no cost for you.
• You can return your purchase for up to 60 days from the purchase date.
• Products must be in the exact conditions you receive them and in the original box.
• Return shipping has absolutely no cost for you. We will provide you with a pre-paid domestic label to return the purchased item(s).
• We do not refund any shipping charges.
DISCLAIMER AND LIMITATION OF LIABILITY
The products offered for sale on Pacific Mountain and the transactions conducted upon and through it are provided to you on an "as is" basis. Pacific Mountain makes no representation of any kind, express or implied, as to the operation of Pacific Mountain or the information, content or products presented on Pacific Mountain. To the extent allowed by law, Pacific Mountain disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, title, quiet enjoyment, data accuracy and systems integration. Pacific Mountain may include inaccuracies, mistakes or typographical errors.
To the extent allowed by law, Pacific Mountain will not be liable for any damages of any kind arising from your use of Pacific Mountain including, but not limited to, indirect, incidental, punitive, exemplary, special or consequential damages. To the extent allowed by law, the total liability of Pacific Mountain to you for any damages (regardless of reason the therefore) will not exceed the total amount of money actually paid by you during the six (6) weeks immediately before the act giving rise to the alleged responsibility of Pacific Mountain
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, Pacific Mountain will have the right to refuse or cancel any orders placed for such product whether or not the order has been confirmed and whether or not your credit card, debit card or other payment method has been charged. If you were charged for the purchase and your order is cancelled, Pacific Mountain will issue a credit to you in the amount of the charge.
Pacific Mountain attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using.
Also Pacific Mountain 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 Pacific Mountain itself is not as described, your sole remedy is to return it in unused condition.
Pacific Mountain may contain links to other sites that are owned and operated by other parties. Pacific Mountain is not responsible for the operation of or content located on any such other site.
The remedy of Pacific Mountain at law for any actual or threatened breach of these terms and conditions would be inadequate and Pacific Mountain will be entitled to specific performance or injunctive relief, or both, in addition to any damages that Pacific Mountain is legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees. No right or remedy of Pacific Mountain shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses. No waiver by Pacific Mountain of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
TERMINATION OF USAGE
Any such action shall not affect any rights and obligations arising prior thereto.
The laws of the State of California will govern these terms and conditions without giving effect to any principles of conflicts of laws.
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.
Any dispute or claim between you and us arising out of or relating to the service provided or goods sold in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Los Angeles, California and shall be conducted in English. The arbitrator's decision shall follow the plain meaning of the relevant documents, and shall be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. YOU (CUSTOMER) ACKNOWLEDGE THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL. FURTHERMORE, IF YOU THREATEN AND/OR INSTITUTE ANY LITIGATION AGAINST US (INSTEAD OF ARBITRATING ANY DISPUTE), YOU SHALL BE RESPONSIBLE FOR PAYMENT OF ANY AND ALL LEGAL AND OTHER EXPENSES INCURRED BY US IN CONNECTION WITH SUCH THREATENED OR ACTUAL LITIGATION.