Terms and Conditions.
2021
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY-BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITE, SERVICES, INFORMATION OR PRODUCTS AVAILABLE THROUGH THE SITE.
The Pomade Shop provides the services and products available on this website to you subject to the following terms and conditions. By accessing or using our website, you are acknowledging that you have read, understand and agree, without limitation or qualification, to be bound by these terms and conditions. If you access only a portion of this site and thereby bypass this Agreement, your use of this site still binds you to these terms and conditions. For this reason, we encourage you to review these terms and conditions whenever you use this site. If you do not agree with any of these terms and conditions, do not use this website. The Pomade Shop reserves the right to change these terms and conditions at any time without prior notice to you. By accessing this website, you are bound by the most current version of the terms and conditions. For this reason, we encourage you to read these terms and conditions whenever you use this website.
Authorized Users
In order to use the site, you must be at least 18 years of age. You represent that you have read, do understand, and agree to be bound by this Agreement; and you are at least 18 years old. If you do not agree or cannot comply with any of the terms and conditions in this Agreement, please do not attempt to access this site.
The owner of the website is based in the state of New York in the United States. We provide this website for use only by persons located in the United States. We make no claims that the website or any of its content is accessible or appropriate outside of the United States. Access to the website may not be legal by certain persons or in certain countries. If you access the website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Intellectual Property, Copyright, and Trademarks
All content available on this website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, video clips, data compilations and software, and the compilation thereof, is the property of The Pomade Shop and is protected by the United States and international copyright laws. The trademarks, logos and service marks displayed on this website are the registered and unregistered marks of our affiliates in the United States and other countries and are protected by the United States and international trademark laws. All other trademarks not owned by us or by our affiliates that appear on the website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use any trademarks in connection with any product or service without the express permission of The Pomade Shop and/or its affiliate party. The content of this website and the site as a whole is intended solely for personal, non-commercial use; you have a license to view the content of the website in your browser while connected to the internet. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading to your browser. The Pomade Shop retains all its intellectual property rights in any content you download from this website. You may not, without the prior written permission of The Pomade Shop, use any computer code, data-mining software; robots; bots; spiders or other automatic devices, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this site or accessed through this site. You also may not engage in the mass downloading of files from this site, use the computer processing power of this site for purposes other than those permitted above, or flood this site with electronic traffic designed to slow or stop its operation. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the content without first obtaining written permission from The Pomade Shop.
Your Submissions to Us
If you use this website, you are responsible for maintaining the confidentiality of your account and password (if applicable) 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 accessing and using the website on someone else’s behalf, you represent that you have the authority to bind that person as a principal to all the terms and conditions provided herein, and you agree to accept liability for harm caused by any wrongful use of the website resulting from such access or use. We reserve the right to refuse service, terminate accounts or remove or edit content, for any reason, in our sole discretion, without prior notice to you. Please also review our Privacy Policy for how your account information is used. We welcome your comments regarding our website. However, any comments, testimonials, feedback, notes, messages, ideas, suggestions or other communications sent to www.thepomadeshop.com or one of our affiliate websites become the exclusive property of The Pomade Shop. Your submission of any comments shall constitute an assignment of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in the comments. The Pomade Shop will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. Any content you submit is for non-commercial use only. You must provide your actual e-mail address in order to send your content. Any content you submit will be routed through the internet and you understand and acknowledge that you have no expectation of privacy with regard to any content you submit. You represent that you own any content you submit to us.
Hold Harmless
You personally agree to indemnify and hold The Pomade Shop, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, through administrative pretrial, trial, appellate, enforcement and alternative dispute resolution levels, including, but not limited to litigation regarding entitlement to indemnification as well as entitlement and/or quantification of attorneys’ fees and costs made by any third party due to or arising out of content you submit, post, transmit or make available through the website, your use of the website, your connection to the website, your violation of the TERMS OF USE, CONDITIONS AND OF PURCHASE, or your violation of any rights of another person or entity.
Accuracy
We attempt to be as accurate as possible when describing our products, pricing, and availability on this website. However, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, or other content available on the website are 100% accurate, complete, reliable, current or error-free. PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.
Links from the Website
If the website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Orders
All prices are quoted in US Dollars. We may restrict delivery to addresses within the United States and/or to only certain states. We will add shipping and handling fees and applicable sales/use tax. We reserve the right without prior notice to discontinue or change specifications and prices on products and services offered through the website without incurring any obligation to you. Products and services offered on this site are available while supplies last. Descriptions of, or references to, products or services offered by the website do not imply endorsement of that product or service or constitute a warranty by us.
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason and/or to limit the number of items purchased. We may also require additional verification or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card or other method used for payment in the amount of the charge. Please also review our shipping and returns policy before you place an order. We do not sell, rent, or otherwise provide personally-identifiable information to third parties; the only information shared with third parties is that information necessary to process your order. By placing an order, you agree that we may send you service or promotional communications through email, mail and other forms of notice. Generally, we send out a special offer approximately once every three months. The frequency is subject to change.
Disclaimers
Information on this site is provided for informational purposes only. It is not meant to substitute for advice provided by your own physician or other medical professional. If you are pregnant or nursing, please consult with your healthcare provider prior to any use of our products. You should not use the information contained herein for diagnosing or treating a health problem or disease. The products and the claims made about specific products and information contained on or in any product label or packaging on or through this site have not been evaluated by the Food and Drug Administration and are not intended or approved to diagnose, treat, cure, or prevent any disease. Customer reviews and testimonials are provided for informational purposes only. Customer reviews and testimonials reflect the individual reviewer’s results and experiences only. Actual results may vary among users. Our products are for topical use only and should never be consumed. While we make reasonable efforts to provide accurate content throughout the website, we cannot guarantee accuracy. All content, submissions and third-party content are used by users at their own risk. THE WEBSITE, INCLUDING ALL SERVICES, CONTENT, SUBMISSIONS AND THIRD-PARTY CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. THE AFFILIATED ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT, SUBMISSIONS OR THIRD-PARTY CONTENT ON THE WEBSITE. FURTHER, THE POMADE SHOP AND THE AFFILIATED ENTITIES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING, USAGE OR TRADE. THE POMADE SHOP AND THE AFFILIATED ENTITIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY CONTENT, SUBMISSIONS OR THIRD-PARTY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FOREGOING APPLIES TO ANY INFORMATION IN ANY WEBSITES HYPERLINKED TO THE WEBSITE. IN NO EVENT WILL THE POMADE SHOP OR ANY AFFILIATED ENTITY BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES, REGARDLESS OF WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER THE POMADE SHOP NOR ANY OF ITS SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR FROM ANY CONTENT, SUBMISSIONS OR THIRD-PARTY CONTENT POSTED ON THE WEBSITE BY THE POMADE SHOP OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.
Disclaimer-Ingredients, Therapies, Remedies, Food and Drug Administration
THE CONTENT CONTAINED ON THIS WEBSITE FOR SOME OF OUR PERSONAL CARE PRODUCTS MAY CONTAIN INFORMATION ABOUT NUTRITIVE INGREDIENTS, NUTRITIVE PROCESSES AND NUTRITIVE THERAPIES OR REMEDIES, WHICH ARE NOT REGULATED IN THE UNITED STATES BY THE FOOD AND DRUG ADMINISTRATION. SUCH INFORMATION IS INTENDED AS AN INFORMATIONAL AND EDUCATIONAL AID ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT. IT IS NOT A SUBSTITUTE FOR MEDICAL ADVICE, NOR DOES IT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS. WE RECOMMEND SPEAKING WITH YOUR DOCTOR OR PHARMACIST BEFORE CHANGING YOUR PERSONAL CARE REGIMEN. ONLY YOUR DOCTOR, HEALTHCARE PROVIDER OR PHARMACIST CAN PROVIDE YOU WITH ADVICE ON WHAT IS SAFE AND EFFECTIVE FOR YOU.
Notice Regarding Medical Advice
THIS SITE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE SITE MATERIALS, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THIS SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
Patch Test
You agree to perform a double patch test prior to use of any of our products. To patch test a product, apply a small amount to the inner arm and leave for 24 hours. Observe your skin for any reactions. If redness, irritation, or inflammation occur on the skin, discontinue use. If none occur, repeat this process on the neck. Apply a small amount of product on the neck and leave it there for 24 hours. Observe your skin for any reactions. If the area of skin looks healthy and feels great, then you’re good to go!
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