Terms of Use

1. Introduction
Welcome to PacificaGalleries.com. This site is provided by Global Manufacturing Systems Corporation, dba Pacifica Galleries.com as a service to our customers. Please review the following basic rules that govern your use of the PACIFICAGALLERIES.COM site. (the "Agreement"). Please note that your use of the PACIFICAGALLERIES.COM site (the "Site") constitutes your unconditional agreement to follow and be bound by these Terms of Use. Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to these Terms of Use. PACIFICAGALLERIES.COM reserves the right to update or modify these Terms of Use at any time without prior notice to you. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by these Terms of Use as changed. For this reason, we encourage you to review these Terms of Use whenever you use this Site.
 
2. Use of this Site. 
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of PACIFICAGALLERIES.COM or its suppliers and protected by U.S. and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. PACIFICAGALLERIES.COM is a servicemark of  Global Manufacturing Systems Corporation.  By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. PacificaGalleries.com does not intentionally collect personal information about children under the age of 13. Children under the age of 13 may not use this Site and parents or legal guardians may not agree to these Terms of Use on their behalf. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.

Objectionable Material. You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that PacificaGalleries.com and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable. Sales tax is automatically applied to your order in accordance with state regulations if your shipping address is in California.

3. Privacy Policy.
To help us achieve our goal of providing the highest quality products and services, we use information from our interactions with you and other customers, as well as from other parties. Because we respect your privacy, we have implemented procedures to ensure that your personal information is handled in a safe, secure, and responsible manner.  We have posted this privacy policy in order to explain our information collection practices and the choices you have about the way information is collected and used.

As we continue to develop our Web site and take advantage of advances in technology to improve the services we offer, this privacy policy likely will change. We therefore encourage you to refer to this policy on an ongoing basis so that you understand our current privacy policy.  This Privacy Policy was last updated on January 23, 2006.

The Information We Collect

Generally, you may browse the Web Site without providing any personally identifiable information. However, we may ask you to provide personally identifiable information at various times and places on this Web Site. In some cases, if you choose not to provide us with the requested information, you may not be able to access all of this Web Site or participate in all of its features.

We receive and store any personally identifiable information:

1.  When you enter on the Web Site, whenever you shop online;

2.  through our catalogs, when you place a catalog order;

3.  when you give us in any other way. (For example, we may collect the following personally identifiable information: your name, address, telephone number, driver's license number, birth date, and e-mail address.  If you use a credit card we will also include your account number. );

4.  from your purchases and other interactions with us, (including information we obtain concerning the specific products or services you purchase or use); and

5.  when you register with us as an online customer;

6.  if  you use one of our services, or participate in one of our promotions, drawings, or sweepstakes, (for example, we may ask for additional information, such as  your age, interests or product preferences);

7.  when  you visit this Web Site, our web server may automatically collect anonymous information such as log data and IP addresses. We may use the automatically collected information for a number of purposes, such as improving our site design, product assortments, customer service, and special promotions.

How We Use the Information We Collect

We use the information we collect for various purposes, including:
(a) to complete your purchase transactions;
(b) to keep you informed about the status of your orders;
(c) to provide the services you request;
(d) to identify your product and service preferences, so we can notify you of new or additional products, services, and promotions that might be of interest to you;
(e) to notify you of product recalls or provide other information concerning products you have purchased; and
(f) to improve our merchandise selections, customer service, and overall shopping experience.
(g) to send you our catalogs and other offerings by mail;

Others With Whom We Share Your Information

Service providers: We also may disclose information to outside companies that help us provide the products and services we offer. For example, we may work with an outside company to:
(a) provide fraud prevention;
(b) provide us storage and analysis;
(c) manage a database of customer information;
(d) assist us in distributing e-mails;
(e) assist us with direct marketing and data collection; and
(f) other services designed to assist us in maximizing our business potential. We require that these outside companies agree to keep confidential all information we share with them and to use the information only to perform their obligations in the agreements.

Other companies: We may provide information to carefully selected outside companies when we believe their products or services may be of interest to you.

Compliance with Law: We may provide access to information when legally required to do so, to cooperate with police investigations or other legal proceedings, to protect against misuse or unauthorized use of our Web Site, to limit our legal liability and protect our rights or to protect the rights, property or safety of visitors of this Web Site or the public.

Online Account Registration

To make online shopping faster and easier, you may register with PacificaGalleriess.com. As a registered customer, you only have to enter your shipping addresses and billing information once; they will be securely stored with us for your future use. Using your name and a password of your choice, you may access your account online at any time to add, delete, or change information.  If you are using a public computer, we strongly encourage you to LOG OUT at the conclusion of your session. Your information will still be stored with us but it will not be accessible to anyone else from that computer.

Protecting Your Information

As part of our ongoing commitment to ensure that your shopping experience with PacificaGalleries.com is protected, we will prosecute all unauthorized or fraudulent transactions to the fullest extent allowed by law.

Your Choices Regarding Use of the Information We Collect

If you wish to be removed from the list of customers that receive direct mail or telemarketing calls, please call toll-free at 1-800-464-3185 to have your name removed.

You will receive promotional e-mails from us only if you have asked to receive them. If you do not want to receive email from us you can click on the unsubscribe link and hit send at the bottom of any email communication sent by us. Please allow us 3 business days from when the request was received to complete the removal, as some of our promotions may already have been in process before you submitted your request.

Because customer lists often are prepared well in advance of an offering (sometimes few months before the offer is made), you may continue to receive some offers after you send us a request not to use your information for specified marketing purposes. We appreciate your patience and understanding in giving us time to carry out your request.

Links to Other Sites

While visiting our Web site, you may link to other sites operated by our business partners or other third parties. This does not mean that we endorse these Web sites. We do not make any representations or warranties about any Web site you may access through this Web site. They are independent from us, and we have no control over, or responsibility for, their information or activities.

In addition, our privacy practices may differ from those of these other sites. If you provide personal information at one of those sites, you are subject to the privacy policy of the operator of that site, not our privacy policy. Make sure you understand any Web site's privacy policies before providing personal information.

Cookies and How We Use Them

A "cookie" is a small data file stored by your Web browser on your computer's hard drive. It allows us to recognize your computer (but not specifically who is using it) upon entering our site by associating the identification numbers in the cookie with other customer information you have provided us. That customer information is stored on our secured database.

We use cookies to keep track of what you have in your shopping cart and to remember you when you return to the Web Site. We use this information to improve our site design, product assortments, customer service, and special promotions. You can, of course, disable cookies on your computer by indicating this in the preferences or options menus in your browser. However, it is possible that some parts of our Web Site will not operate correctly if you disable cookies.

We may contract with third parties who may use cookies and collect information on our behalf or provide services such as credit card processing, shipping, promotional services or data management.  These third parties are prohibited by our contract with them from sharing that information with anyone other than us or our authorized agents or affiliates.

Children's Privacy

Protecting children's privacy is important to us. Our Web Site is a general audience site. We do not collect or maintain information from those we actually know are under 13, and no part of our Web Site is targeted to attract anyone under 13. We also do not send email correspondence to anyone who tells us that they are under the age of 13 without their parent's consent. Our online sweepstakes are restricted to entrants who are at least 18 years old.

Children under the age of 13 should always ask their parents or guardians for permission before providing any personal information to anyone online. We urge parents and guardians to participate in their children's online activities and use parental control or other web filtering technology to supervise children's access to the web.

Acceptance

By using this Web Site, you accept the policies set forth in this Privacy Policy.  We'll be happy to provide additional information or answer any questions. Please use the Contact Us page on our website to inquire about any questions you may have.

4. Returns Policy. 
Your complete satisfaction is our goal.  If for any reason you are dissatisfied with your purchase we will replace, exchange, or refund your purchase within 30 days of the of the purchase date.  Please call customer service to request an RMA number and arrange for replacement, exchange, or refund of your purchase. 

 5. Site Security. 
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "spamming," "mailbombing" "crashing;" etc.  (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. PACIFICAGALLERIES.COM will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from PACIFICAGALLERIES.COM on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

 
6. Disclaimer.
THIS SITE IS PROVIDED BY PACIFICAGALLERIES.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. PACIFICAGALLERIES.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PACIFICAGALLERIES.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, PACIFICAGALLERIES.COM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE BY YOUR USE OF THIS SITE THAT PACIFICAGALLERIES.COM AND ITS AFFILIATES AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE, DAMAGE OR LOSS RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THIS SITE. YOUR USE OF THIS SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE SITE.  FURTHEMORE, YOU ACKNOWLEDGE, BY YOUR USE OF THE PACIFICAGALLERIES.COM WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

7. Order Acceptance,  Pricing Information and Colors.
For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order.  If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of  the charge.  Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. We have made every effort to display the colors of our products that appear on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

Our goal is to provide complete, accurate, up-to-date information on our Web site. Unfortunately, it is not possible to ensure that any Web site is completely free of human or technological errors. This site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions -- including after an order has been submitted -- and to change or update information at any time without prior notice. We sincerely apologize for any inconvenience this may cause.

Prices and availability are subject to change without notice. To provide the best possible service to all our customers, we reserve the right to limit order quantities.

PACIFICAGALLERIES.COM cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, PACIFICAGALLERIES.COM shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, PACIFICAGALLERIES.COM may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

8.  Feedback & Submissions. 
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to PACIFICAGALLERIES.COM on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain PACIFICAGALLERIES.COM's property.   Such disclosure, submission or offer of any Comments shall constitute an assignment to PACIFICAGALLERIES.COM of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments.  Thus, PACIFICAGALLERIES.COM will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. PACIFICAGALLERIES.COM will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. PACIFICAGALLERIES.COM shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".   Furthermore,  you grant PACIFICAGALLERIES.COM the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify PACIFICAGALLERIES.COM and its affiliates for all claims resulting from any Comments you submit. PACIFICAGALLERIES.COM and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

9. Termination  and Indemnification.
These Terms of Use are effective unless and until terminated by either you or PACIFICAGALLERIES.COM. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. PACIFICAGALLERIES.COM also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in PACIFICAGALLERIES.COM's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or PACIFICAGALLERIES.COM, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. PACIFICAGALLERIES.COM's right to any Comments shall survive any termination of this Agreement. References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply PACIFICAGALLERIES.COM's endorsement, sponsorship or recommendation of the third party, information, product or service. PACIFICAGALLERIES.COM is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk. You agree to defend, indemnify and hold harmless PACIFICAGALLERIES.COM and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

10. No Confidentiality
Except for information necessary to place an order, we do not want to receive confidential or proprietary information or trade secrets through this Web site. Any information, materials, suggestions, ideas or comments sent to us will be deemed non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission

 
11. Limitation of Liability. 
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL PACIFICAGALLERIES.COM OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE PACIFICAGALLERIES.COM WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PACIFICAGALLERIES.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

12. Disputes
Any dispute relating in any way to your visit to our Web site or to products purchased here shall be submitted to confidential arbitration in San Diego, California. However, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of  California. You consent to exclusive jurisdiction and venue in such courts. Any arbitration under this agreement shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's 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 with respect to this Web site or to products purchased here shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.

13. Copyrights and Trademarks. 
Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by PACIFICAGALLERIES.COM, one of its affiliates or by third parties who have licensed their materials to PACIFICAGALLERIES.COM and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this site is the exclusive property of PACIFICAGALLERIES.COM and is also protected by U.S. and international copyright laws.
PACIFICAGALLERIES.COM and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of PACIFICAGALLERIES.COM's or any third party's intellectual property rights.

The PACIFICAGALLERIES.COM names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Global Manufacturing Systems Corporation. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner

.14. General. 
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of PACIFICAGALLERIES.COM to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit PACIFICAGALLERIES.COM's rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under California law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of California and you consent to the exclusive personal jurisdiction of such courts

© 2005-2006 PacificaGalleries.com.  All Rights Reserved

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