(Last updated February 15, 2011)
Welcome to Path & Pond, Inc. This web site (pathandpond.com) is provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of our web site.
Path & Pond Inc. reserves the right to refuse any order you may place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may also 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 will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. Additionally, all orders placed during regular business hours will be shipped within 48 hours of the date of purchase. Orders placed on Saturday or Sunday will be processed the following business day.
RIGHT TO CHANGE SITES
Path & Pond Inc. reserves the right, at any time in our sole discretion, to: modify, suspend or discontinue our web site or any service, content, feature or product offered through our web site, with or without notice. We reserve the right to charge fees in connection with the use of our web site; modify and/or waive any fees charged in connection with our web site; and/or offer opportunities to some or all users of our web site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our web site, or any content, service, product or feature offered through our web site.
Unless otherwise noted, our web site and all materials on our web site, including text, images, icons, illustrations, photographs, designs, video’s and other materials, and the copyrights, trademarks, and/or other intellectual property in such materials, (collectively, “Contents”) are owned, controlled and/or licensed by Path & Pond Inc. Other trademarks appearing on our web site are the trademarks of Path & Pond Inc. and/or its subsidiaries.
Our web site and its Contents are intended solely for personal, non-commercial use. You may download or copy the contents and other downloadable materials displayed on our web site for your personal use only. No right, title or interest in any downloaded content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), modify, transmit, distribute, publish, display, create derivative works from, sell or exploit in any way any of the contents on our web site.
All products displayed on our web site are quoted in U.S. Dollars.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
Path & Pond Inc. wants to hear from its users and welcomes your comments regarding our products and services. Our company policy does not allow us to accept or to consider proposals, creative ideas, suggestions, plans, or other materials other than those we have specifically requested. The intent of this policy is to avoid the possibility of future misunderstandings when projects or concepts developed by Path & Pond Inc.’s employees and/or agents might seem to be similar to creative works submitted by users. For your own protection, please do not send proposals, creative ideas, suggestions, plans, or other materials for the use of Path & Pond Inc. If at our request (i.e., contest entries) or without a request from us, you send proposals, creative ideas, suggestions, plans, or other materials, via online, email, USPS mail, or otherwise (collectively, "Comments"), you agree that Path & Pond Inc. may, at any time, without restriction, copy, publish, edit, distribute, translate, and otherwise use in any medium any Comments that you forward to Path & Pond Inc. Path & Pond Inc. is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay any compensation for any Comments; or (3) to respond to any Comments. Path & Pond Inc. has the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate the rights of any third party, including trademark, copyright, privacy 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 that could in any way affect the operation of our web site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Path & Pond Inc. or third parties as to the origin of any Comments. You are solely responsible for any Comments you make as well as the accuracy of those Comments. Path & Pond Inc. takes no responsibility and assumes no liability for any Comments posted by you or any third party.
ERRORS, INACCURACIES, AND OMMISSIONS
On occasion, there may be information on our web site that contains errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update any information or cancel orders if any information on the web site is inaccurate at any time without prior notice (including previously submitted orders).
PERSONAL INFORMATION SUBMITTED THROUGH THE SITES
LINKS TO OTHER WEB SITES AND SERVICES
Our web site may contain links to other web sites that are not under the control of Path & Pond Inc. Path & Pond Inc. carries no responsibility and does not constitute our endorsement of any linked web sites to our web site. Links are provided solely for the convenience of our users.
Our web site and all content available on it, is provided on an "as is" basis. It is without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability. You acknowledge, by your use of our web site, that it is solely at your own risk and that you assume full responsibility for all costs associated with any necessary servicing or repairs of any equipment you use in connection with your use of our web site. Furthermore, you acknowledge that Path & Pond Inc. brands shall not be liable for any damages of any kind related to your use of our web site.
You agree to defend, indemnify and hold Path & Pond Inc. and its affiliates harmless from and against any and all claims, proceedings, damages, injuries, losses, liabilities, costs and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from your use of our web site and/or your breach of any representation, warranty, or other provisions of the Terms and Conditions.
Because litigation is costly and time consuming, both you and Path & Pond Inc. agree to the following dispute resolution procedure: In the event of any claim, controversy, action or dispute arising out of or related to any transaction conducted on our web site, or the breach, enforcement, interpretation, or validity of these Terms and Conditions or any part of it ("Dispute"), the party asserting the Dispute will first try to settle such Dispute (in good faith) by providing written notice to the other party (by first class or registered mail) describing the circumstances and facts (to include any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Written notice shall be sent one of two ways:
(1) to Path & Pond Inc. Legal Department, 1052 Melody Lane Ste 210, Roseville, CA 95678 or
(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and Path & Pond Inc. agree that this dispute resolution procedure is absolutely necessary and must be satisfied prior to initiating any litigation or filing any claim against the other party.
These Terms and Conditions shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under these Terms and Conditions shall be resolved exclusively by the state and/or federal courts of the State of California, Placer County and/or the Northern District of California. The waiver of any provision of the Terms and Conditions shall not be considered a waiver of any other provision of Path & Pond Inc.'s right to require strict observance of each of the terms herein. If any provision of these Terms and Conditions is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. These Terms and Conditions constitute the entire agreement between both parties relating to your use of our web site.