Pacificcoast.com -- Terms of Use


Last Updated: January 1, 2012

PLEASE READ CAREFULLY

 

Please read these terms of use ("Site Terms") carefully as they apply to your access to, and use of, this web site located at www.pacificcoast.com (the "Site") operated by Pacific Coast Feather Company ("Pacific Coast Feather"). BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW AS WELL AS ANY REFERENCED POLICY AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.

 

We reserve the right to change or modify any of the terms and conditions contained in these Site Terms or any policy of the Site, at any time and in our sole discretion. If we decide to change our Site Terms or a policy, we will post a new version on our site and update the date. Any changes or modification will be effective upon posting of the revisions. Your continued use of this Site following the posting of the changes or modifications will constitute your acceptance of such changes or modifications. You should frequently review these Site Terms (including its date) and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site.

 

Other Policies


To understand how we use information that we collect from the Site, you should refer to our Privacy Policy. Sales of products from the Site are governed by other terms on our Site which describe, among other things, shipping information and our return policy.

 

Copyright and License

 

All copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, graphics, pictures, sound files and other files, and the selection and arrangement ("Materials") thereof are ALL RIGHTS RESERVED Copyright © 1999-2003 Pacific Coast Feather Company and/or its licensors. You are granted a limited, non-sublicensable right to access this Site and print the Materials for your personal, non-commercial, and informational use only. The foregoing license grant does NOT include the right for you to:

 

  • (a) Publish, publicly perform or display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media;
  • (b) Market, sell or make commercial use of the Site or any Materials;
  • (c) Systematic collection and use of any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods;
  • (d) Make derivative uses of the Site or the Materials;
  • (e) Use, frame or utilize framing techniques to enclose any portion of this Site (including the images found at this Site or any text or the layout/design of any page or form contained on a page).

Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Pacific Coast Feather or any third party. Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

 

Trademarks and Service Marks


Pacific Coast Feather Co™, Pacific Coast Feather Company since 1884 and design®, Pacific Coast® Down, Comfort Lock®, Barrier Weave™, Hyperclean®, Eurofeathers®, EuroDown®, FeatherSoft®, SimpleSnap™, CaptureClose™, TrueHold™, Slumber Core™, Embrace®, Down Around®, EuroRest™, QuiltTop™, AllerRest™, AllerRest Fabric™ and our logos are either trademarks, service marks or registered trademarks of Pacific Coast Feather or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission or that of our suppliers or licensors. You may not use any meta tags or any other "hidden text" utilizing Pacific Coast Feather Co™, Pacific Coast Feather Company since 1884 and design®, Pacific Coast® Down, Comfort Lock®, Barrier Weave™, Hyperclean®, Eurofeathers®, EuroDown®, FeatherSoft®, SimpleSnap™, CaptureClose™, TrueHold™, Slumber Core™, Embrace®, Down Around®, EuroRest™, QuiltTop™ or any other name, trademark, or product name of Pacific Coast Feather without our permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Pacific Coast Feather, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Pacific Coast Feather's names or logos mentioned herein are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

 

Submissions


Areas of the Site may permit you to provide feedback or send materials to us, including for use on the Site. You agree that any such materials, including but not limited to, reviews of products or services, comments, suggestions, questions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to us, or postings to or on the Site ("Your Materials"), are non-confidential (provided that personal information provided on non-public areas of the Site is subject to our Privacy Policy) and you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display Your Materials throughout the world in any media now known or hereafter developed, with or without acknowledgment to you, in our sole discretion and without compensation to you. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in Your Materials and that the submission of any such materials to us, irrevocably waives any and all "moral rights" in Your Materials, including the rights of paternity and integrity. You represent and warrant that you have the legal right to submit or post Your Materials on the Site, that Your Materials are accurate, that use of Your Materials does not violate these Site Terms and will not cause injury to any person or entity, and that you will indemnify us against any liability or losses arising out of our use of Your Materials in accordance with these Site Terms.

 

Your Account


In consideration of your use of the Site, you agree to:

  • (a) Provide true, accurate, current and complete information about yourself as prompted by the checkout form for your account information (the "Account Information")
  • (b) Maintain and promptly update the Account Information to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site. You will receive a password and account designation when you have completed the Account Information. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. For more information about how we treat your Account Information, you should refer to our Privacy Policy.

 

 

Links


We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site. The linked sites are not under our control and we are not responsible for their content. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. When leaving this Site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.

 

No Warranties


THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.

WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE WE ATTEMPT TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUS FROM ANY DOWNLOAD.

 

Limited Liability


IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS THEREIN.

 

Applicable Law and Venue


These Site Terms and any transactions thereunder shall be governed by and construed in accordance with the laws of the State of Washington without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in King County, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

 

General Terms


We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.