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TERMS OF SERVICE
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OVERVIEW
By visiting this site pthelmets.com and/or purchasing
merchandise, you engage in our "Service" and
agree to be bound by the following terms and conditions
("Terms of Service", "Terms"),
including those additional terms and conditions and
policies referenced herein and/or available by
hyperlink. These Terms of Service apply to all users of
the site, including without limitation users who are
browsers, vendors, customers, merchants, and/or
contributors of content and as such you are defined in
any regard as a "user" of this site.
By accessing or using any part of the site, you agree
to be bound by these Terms of Service. If these Terms of
Service are considered an offer, acceptance is expressly
limited to these Terms of Service.
Any new features or tools which are added to the
current store shall also be subject to the Terms of
Service. You can review the most current version of the
Terms of Service at any time on this page. We reserve
the right to update, change or replace any part of these
Terms of Service by posting updates and/or changes to
our website. It is your responsibility to check this
page periodically for changes. Your continued use of or
access to the website following the posting of any
changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent
that you are at least the age of majority in your state
or province of residence, or that you are the age of
majority in your state or province of residence and you
have given us your consent to allow any of your minor
dependents to use this site.
You may not use our products for any illegal or
unauthorized purpose nor may you, in the use of the
Service, violate any laws in your jurisdiction
(including but not limited to copyright laws).
You must not transmit any worms or viruses or any code
of a destructive nature.
A breach or violation of any of the Terms will result in
an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
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.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF
INFORMATION
We are not responsible if information made available
on this site is not accurate, complete or current. 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. 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.
SECTION 4 - MODIFICATIONS TO THE SERVICE, PRICES,
CHARGEBACKS, BREACH
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. We shall not be liable to
you or to any third-party for any modification, price
change, suspension or discontinuance of the Service.
- CHARGEBACKS
User may not file chargebacks to credit card or
financial institutions for any reason. A chargeback
is a claim to your bank, credit card, or financial
institution for merchandise not received, fraud, or
various reasons, in which will charge pthelmets.com
processor a fee for user chargeback filed including
refunding your full payment from your order or
merchandise purchased at pthelmets.com. You agree to
pay all fees, assessments, additional charges,
audits, including attorneys fees for any chargeback
filed. User must contact pthelmets.com for refunds,
returns, or any financial matter concerning your
user account.
- 3rd PARTY VENDORS AND COMPLAINT BOARDS
User will not contact 3rd party organizations to
negotiate or manage solutions against pthelmets.com
for any financial, product, or merchant dispute.
Organizations such as Attorney Generals office in
any state, Better Business Bureau, Collection
Agencies, blogs, Anti Defamation League or any
likeness to such organizations, product review
websites, Google, Bing, or Internet complaint
boards, TrustPilot, or advertisers of such are
prohibited in the use of resolutions, credits,
collections, complaints, reviews of service, or
claims. All complaints, errors, of this agreement,
or any communication of pthelmets.com to user is
confidential and violation of such is considered
BREACH.
- BREACH
User agrees that pthelmets.com copyright data,
trademarks, and written material are valuable and
that the public release, accusation, or posting of
data to the public as defamation, slander, libel or
any term referencing or relating to 4.2 of this
agreement could cause irreparable harm and financial
loss. User agrees data, or material will not be
re-named, re-engineered, or re-produced by user, it’s
affiliates, employees, managers, directors,
individuals by consorting, contractors, subordinate
businesses, parent or junior companies, or by any of
it’s entities owned, leased, or partnered
domestically, or internationally. User will not
sell, purchase, enter contract with, promote,
advertise, display, store, or warehouse any data or
material likened to be, considered, or deemed owner
re-production, re-named, re-branded, or varied from
the original content and will cause BREACH of this
agreement and user will be considered in BREACH for
any violations of this agreement, including future
addendum’s to this agreement.
- BREACH
If a BREACH shall occur by user, or user
organization; organization meaning any business or
operation managed for profit, or non-profit entity
within user company, foundation ran by committee or
individuals, contractors, employees, parent, or
subordinate companies, employed, controlled, owned
or affiliated by user; user agrees to fully
compensate pthelmets.com owners, managers, or
directors as relayed in BREACH, which reserve sole
discretion to deem if monetary damage has occurred
to owner copyright material, brand, trademarks, or
organization, and user agrees any or all judgments
or actions by any court will not impede, disallow,
or supercede owner financial claim as relayed to
user and user agrees to any and all compensation of
claim by pthelmets.com or those designated as
owners, managers, or directors by addendum or any
update to the user.
- BREACH Claim Period.
Upon notification to user of BREACH there will be a
forty five (45) day grace period for user to amend, or
settle with pthelmets.com by removing or adhering to
instruction by pthelmets.com, it's staff or personnel
directed in this endeavor, whether employee or
contractual law firm, and performing removal of BREACH.
Immediately after forty five (45) days, compensation for
BREACH shall be required if removal or damage is deemed
irreparable. Compensation Notification will be mailed
via Courier service, or by electronic means to user
address, place of business, or designated legal counsel.
The compensation required will be USD, (U.S. Dollar) for
irreparable BREACH and user agrees compensation will be
paid to owner of no less than $10,000 (ten thousand)
dollars. Failure to compensate owner for BREACH, within
ten (10) business days from receipt of Compensation
Notification, user agrees that all legal proceedings
shall take place in county or jurisdiction as deemed and
user shall pay for all legal services rendered, charged,
or allotted in settlement of BREACH. Staff or those
directed by managers, directors, or employees of
pthelmets.com deem by what method legal proceedings
shall occur, including by arbitration, or court county
selection. User agrees legal services selected by owner
will be invoiced and charged to user who agrees and
accepts all responsibility for payment of such for a
period not to exceed twelve (12) years from the date of
filing with any legal court, or arbitration proceeding.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available
exclusively online through the website. These products
or services may have limited quantities and are subject
to return or exchange only according to our Return
Policy. We cannot guarantee that your computer monitor's
display of any color will be accurate.
We reserve the right, but are 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 anytime without notice, at the
sole discretion of us. We reserve the right to
discontinue any product at any time. Any offer for any
product or service made on this site is void where
prohibited. We do not warrant that the quality of any
products, services, information, or other material
purchased or obtained by you will meet your
expectations, or that any errors in the Service will be
corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT
INFORMATION
We reserve the right to refuse any order you place
with us. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household or per
order. These restrictions may include orders placed by
or under the same customer account, the same credit
card, and/or orders that use the same billing and/or
shipping address. In the event that we make a change to
or cancel an order, we may attempt to notify you by
contacting the e-mail and/or billing address/phone
number provided at the time the order was made. We
reserve the right to limit or prohibit orders that, in
our sole judgment, appear to be placed by dealers,
resellers or distributors.
You agree to provide current, complete and accurate
purchase and account information for all purchases made
at our store. You agree to promptly update your account
and other information, including your email address and
credit card numbers and expiration dates, so that we can
complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools
over which we neither monitor nor have any control nor
input. You acknowledge and agree that we provide access
to such tools "as is" and "as
available" without any warranties, representations
or conditions of any kind and without any endorsement.
We shall have no liability whatsoever arising from or
relating to your use of optional third-party tools.
Any use by you of optional tools offered through the
site is entirely at your own risk and discretion and you
should ensure that you are familiar with and approve of
the terms on which tools are provided by the relevant
third-party provider(s). We may also, in the future,
offer new services and/or features through the website
(including, the release of new tools and resources).
Such new features and/or services shall also be subject
to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available via
our Service may include materials from third-parties.
Third-party links on this site may direct you to
third-party websites that are not affiliated with us. We
are not responsible for examining or evaluating the
content or accuracy and we do not warrant and will not
have any liability or responsibility for any third-party
materials or websites, or for any other materials,
products, or services of third-parties. We are not
liable for any harm or damages related to the purchase
or use of goods, services, resources, content, or any
other transactions made in connection with any
third-party websites. Please review carefully the
third-party's policies and practices and make sure you
understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding
third-party products should be directed to the
third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER
SUBMISSIONS
If, at our request, you send certain specific
submissions (for example contest entries) or without a
request from us you send creative ideas, suggestions,
proposals, plans, or other materials, whether online, by
email, by postal mail, or otherwise (collectively,
'comments'), you agree that we may, at any time, without
restriction, edit, copy, publish, distribute, translate
and otherwise use in any medium any comments that you
forward to us. We are and shall be under no obligation
(1) to maintain any comments in confidence; (2) to pay
compensation for any comments; or (3) to respond to any
comments. We may, but have no obligation to, monitor,
edit or remove content that we determine in our sole
discretion are unlawful, offensive, threatening,
libelous, defamatory, pornographic, obscene or otherwise
objectionable or violates any party’s intellectual
property or these Terms of Service.
You agree that your comments will not violate any
right of any third-party, including copyright,
trademark, privacy, personality or other personal or
proprietary right. You further agree that your comments
will not contain libelous or otherwise unlawful, abusive
or obscene material, or contain any computer virus or
other malware that could in any way affect the operation
of the Service or any related website. You may not use a
false e-mail address, pretend to be someone other than
yourself, or otherwise mislead us or third-parties as to
the origin of any comments. You are solely responsible
for any comments you make and their accuracy. We take no
responsibility and assume no liability for any comments
posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the
store is governed by our Privacy Policy.
SECTION 11 - 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.
Information on this site has no obligation to update,
amend or clarify information in the Service or on any
related website, including without limitation pricing
information. 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.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the
Terms of Service, you are prohibited from using the site
or its content: (a) for any unlawful purpose; (b) to
solicit others to perform or participate in any unlawful
acts; (c) to violate any international, federal,
provincial or state regulations, rules, laws, or local
ordinances; (d) to infringe upon or violate our
intellectual property rights or the intellectual
property rights of others; (e) to harass, abuse, insult,
harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation,
religion, ethnicity, race, age, national origin, or
disability; (f) to submit false or misleading
information; (g) 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; (h) to collect or track the
personal information of others; (i) to spam, phish,
pharm, pretext, spider, crawl, or scrape; (j) for any
obscene or immoral purpose; or (k) to interfere with or
circumvent the security features of the Service or any
related website, other websites, or the Internet.
Reserve the right to terminate your use of the Service
or any related website for violating any of the
prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF
LIABILITY
Use of this site does not guarantee, represent or
warrant that your use of service will be uninterrupted,
timely, secure or error-free. There is no warranty that
results may be obtained from the use of the service will
be accurate or reliable. You agree that from time to
time we may remove the service for indefinite periods of
time or cancel the service at any time, without notice
to you. You expressly agree that your use of, or
inability to use, the service is at your sole risk. The
service and all products and services delivered to you
through the service are, except as expressly stated,
provided 'as is' and 'as available' for your use,
without any representation, warranties or conditions of
any kind, either express or implied, including all
implied warranties or conditions of merchantability,
merchantable quality, fitness for a particular purpose,
durability, title, and non-infringement.
In no case shall pthelmets.com, our directors, managers,
officers, employees, affiliates, agents, contractors,
interns, suppliers, service providers or licensors be
liable for any injury, loss, claim, or any direct,
indirect, incidental, punitive, special, or
consequential damages of any kind, including, without
limitation lost profits, lost revenue, lost savings,
loss of data, replacement costs, or any similar damages,
whether based in contract, tort (including negligence),
strict liability or otherwise, arising from your use of
any of the service or any products procured using the
service, or for any other claim related in any way to
your use of the service or any product, including, but
not limited to, any errors or omissions in any content,
or any loss or damage of any kind incurred as a result
of the use of the service or any content or product
posted, transmitted, or otherwise made available via the
service, even if advised of their possibility. Some
states or jurisdictions do not allow the exclusion or
the limitation of liability for consequential or
incidental damages, in such states or jurisdictions, our
liability shall be limited to the maximum extent
permitted by law as enforced by this terms of service.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless
pthelmets.com, subsidiaries, our directors, managers,
officers, employees, affiliates, agents, contractors,
interns, suppliers, service providers or 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 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.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of
Service 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 of Service, such
determination shall not affect the validity and
enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties
incurred prior to the termination date shall survive the
termination of this agreement for all purposes. These
Terms of Service are effective unless and until
terminated by pthelmets.com. You may terminate these
Terms of Service at any time by notifying us that you no
longer wish to use our Services, or when you cease using
our site. If in our sole judgment you fail, or we
suspect that you have failed, to comply with any term or
provision of these Terms of Service, we also may
terminate this agreement at any time without notice and
you will remain liable for all amounts due up to and
including the date of termination; and/or accordingly
may deny you access to our Services (or any part
thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure to exercise or enforce any right or
provision of these Terms of Service shall not constitute
a waiver of such right or provision. These Terms of
Service and any policies or operating rules posted on
this site or in respect to the Service constitutes the
entire agreement and understanding between you and your
use of pthelmets.com and govern your use of the Service,
superseding any prior or contemporaneous agreements,
communications and proposals, whether oral or written,
between you and pthelmets.com it's employees, managers,
directors, or staff, including, but not limited to, any
prior versions of the Terms of Service. Any ambiguities
in the interpretation of these Terms of Service shall
not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements
whereby we provide you Services shall be governed by and
construed in accordance with the laws of the state
elected by consent.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms
of Service at any time at this page.
Reserve the right, at sole discretion, to update, change
or replace any part of these Terms of Service by posting
updates and changes to pthelmets.com. It is your
responsibility to check this website periodically for
changes. Your continued use of or access to this website
or the Service following the posting of any changes to
these Terms of Service constitutes acceptance of those
changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent
to us at service@pthelmets.com.
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PRIVACY
What information do we collect?
We collect information from you when you register on our site or place an order.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
; To personalize your experience (your information helps us to better respond to your individual needs)
; To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)
; To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
; To process transactions
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
; To send periodic emails
The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Database to be only accessed by those authorized with special access rights to our systems, and are required to?keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.)
may be stored up to 60 days or longer on our servers.
Do we use cookies?
Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information
We use cookies to help us remember and process the items in your shopping cart and understand and save your preferences for future visits.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
California Online Privacy Protection Act Compliance
Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
Childrens Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
Online Privacy Policy Only
This online privacy policy applies only to information collected through our website and not to information collected offline.
Your Consent
By using our site, you consent to our online privacy policy.
Changes to our Privacy Policy
If we decide to change our privacy policy, we will post those changes on this page.
This policy was last modified on
6-2-2021
Contacting Us
If there are any questions regarding this privacy policy you may contact us
by email at service@pthelmets.com.
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