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Terms of Service

Terms and Conditions

Agreement between User and PPTX


Welcome to Prickly Pear TX website. The PPTX website (the “Site”) is comprised of various web pages operated by Prickly Pear TX (“PPTX”). Our site is offered to you conditioned on  your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of our site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.


Prickly Pear TX is an E-Commerce Site. We offer professionally printed one of a kind graphic tees and other related items. We offer retail and wholesale. 


PRIVACY

Your use of our site is subject to PPTX’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. 


ELECTRONIC COMMUNICATIONS

Visiting our site or sending emails to PPTX constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.


YOUR 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. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that PPTX is not responsible for third party access to your account that results from theft or misappropriation of your account. PPTX and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.


CHILDREN UNDER THIRTEEN

PPTX does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 19, you may use our PPTX only with the permission of a parent or guardian.


CANCELLATION/REFUND POLICY

We do not offer cash or refunds, store credit only! Returns must be processed within 14 days of purchase. All holiday items and sale items are final. ALL RETURNS MUST INCLUDE: your name, number, and email address inside the package along with order number so that we can find your order and send you store credit. Please do not ship back ANY item without appropriate information. If your item is damaged, please make sure that you include photos of the item and the box (if it was damaged in transit) this is the only way that we can get a refund from USPS or UPS.


LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES

PPTX may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of PPTX and PPTX is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. PPTX is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PPTX of the site or any association with its operators.


NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY

You are granted a non-exclusive, non-transferable, revocable license to access and use PPTX website strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to PPTX that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the site. 


All content included as part of the Service, such as text, graphics, logos, images, tee designs, as well as the compilation thereof, and any software used on the Site, is the property of PPTX or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.


You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. PPTX content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of PPTX and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of PPTX or our licensors except as expressly authorized by these Terms. 


INTERNATIONAL USERS

The Service is controlled, operated, and administered by PPTX from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with local laws. You agree that you will not use the PPTX content access through our site in any country or in any manner prohibited by any applicable laws, restrictions or regulations. 


INDEMNIFICATION

You agree to indemnify, defend and hold harmless PPTX, its offers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms to this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. PPTX reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with PPTX in asserting any available defenses. 


CLASS ACTION WAIVER

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and PPTX agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. 


LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PRICKLY PEAR TX AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.


PRICKLY PEAR TX AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PRICKLY PEAR TX AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDED ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PRICKLY PEART TX AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PRICKLY PEAR TX OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.  


TERMINATION/ACCESS RESTRICTION

PPTX reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limit, this section.


You agree that no joint venture, partnership, employment, or agency relationship exists between you and PPTX as result of this agreement or use of the Site. PPTX’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of PPTX’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by PPTX with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. 


Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and PPTX with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and PPTX with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. 


CHANGES TO TERMS

PPTX reserves the right, in its sole discretion, to change the Terms under which it is offered. THe most current version of the Terms will supersede all previous versions. PPTX encourages you to periodically review the Terms to stay informed of our updates.


CONTACT US

PPTX welcomes your questions or comments regarding the Terms:

Prickly Pear TX

Merkel, TX 

pricklypeartx@gmail.com


Effective as of July, 15, 2016