Please review and click on 'Accept' below if you agree to the following terms:
GENERAL LEGAL INFORMATION
Disclaimer, Terms and Conditions
This web page sets forth the terms and conditions that govern access and use of this Website.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE WEBSITE, PURCHASE PRODUCTS OFFERED ON THIS WEBSITE AND MUST IMMEDIATELY CEASE SUCH USE. BPG MAY MODIFY THIS DOCUMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON THE POSTING OF SUCH MODIFICATIONS ON THE WEBSITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE WEBSITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED DOCUMENTS.
The provisions of this document are for the benefit of BPG (Black Pearl Goddess), and its officers, directors, employees, members, agents, licensors, suppliers, contractors, attorneys, and any third party information providers to the Website and their respective agents or affiliates. Each of these individuals or entities shall have the right to assert and enforce these provisions directly on its own behalf.
Under no circumstances will BPG, and its officers, directors, employees, agents, licensors, suppliers, contractors, attorneys, and any third party information providers to the Website or their respective agents or affiliates be liable for any loss or damage caused by a user's reliance on information obtained through this Website. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this Website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
THIS WEBSITE (Blackpearlgoddess.com) IS PROVIDED BY BPG ON AN 'AS IS' BASIS. BPG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE, THE INFORMATION, CONTENT INCLUDED OR REFERENCED ON THIS WEBSITE. BPG DOES GUARANTEE ALL MATERIALS, MERCHANDISE, SERVICES OR PRODUCTS SOLD THROUGH THIS WEBSITE. HOWEVER, IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE AND OTHER INFORMATION PROVIDED THROUGH BPG OR ON THE INTERNET GENERALLY. TO THE FULL EXTENT PERMISSIBLE BY LAW, BPG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. BPG WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in, operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. In no event will BPG or any person or entity related to creating, producing, or distributing products, services or information through this Website be liable for any damages. This includes, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use this Website. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to users. In such states, liability is limited to the greatest extent permitted by law.
This Website is created and controlled by BPG in the State of California, USA. As such, the laws of the State of California will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. You agree that any legal action or proceeding between BPG and users for any purpose concerning this Website or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of California, United States.
Any cause of action or claim users may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. BPG reserves the right to make changes to our Website and these disclaimers, terms and conditions at any time.
BLACK PEARL GODDESS (Blackpearlgoddess.com) Trademark
BPG is a trademark of BPG in the United States. BPG's brand name, graphics and logos are trademarks of BPG in the United States. BPG's trademark may not be used in connection with any product or service that is not BPG’s in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits BPG. Any use of BPG's trademark is strictly prohibited without BPG’s express permission. Other product, brand and company names mentioned in this Website may be the trademarks of their respective owners.
Compliance with International Laws
Recognizing the global nature of the Internet, users agree to comply with all local rules including but not limited to, rules about the Internet, data or e-mail transmissions, and privacy laws. Specifically, users agree to comply with all applicable international laws regarding the transmission of technical data exported from the United States or the country in which users reside.
Privacy Statement
BPG respects the privacy of our users. Except as provided below, BPG will not distribute, sell, or lease their name or personal information to any third party. BPG does reserve the right to perform statistical analyses of user behavior and characteristics to measure interest in, and use of, various areas of this Website. This information will be used as a tool to determine the tendencies of our users as well as the number of users that have been exposed to or clicked on various components of the Website. Except with respect to their purchase, request for service or with their permission, BPG reserves the right to release individual Website user information if BPG believes that the Website is being used to commit unlawful acts, if the information is subpoenaed and/or if BPG deems it necessary and/or appropriate to cooperate with law enforcement.
In addition, users should be aware that when they voluntarily disclose personally identifiable information on a bulletin board, review board, on or related to this Website, that the information, along with any substantive information disclosed in the user's communication, can be collected, correlated, and used by third parties which may result in unsolicited messages from other posters or third parties. This information may include, but is not limited to, their name, e-mail address, etc. Such occurrences are beyond the control of BPG.
The content included on this Website, such as photos, site information, texts, graphics, logos, button icons, images, and software is the property of BPG or its content suppliers and protected by U.S.A. and international copyright laws. All rights reserved. The compilation (i.e. collection, arrangement, and assembly) of all content on this Website, including the 'look' and 'feel' of this Website, its color combinations, layout, photography and all other graphical elements, is the exclusive property of BPG and protected by US and international copyright laws. All software used on this Website is the property of BPG or its software suppliers and protected by international copyright laws and U.S.A. Reproduction or storage of materials retrieved from this Website is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C.
All RRP's (Recommended Retail Prices) are approximate valuations based on market research of similar products with comparable quality sold on the internet and retail stores. By no means does BPG guarantee the RRP to any product and cannot be held liable for any fluctuations in market values.
Although our products are comparable in style and quality to certain products and qualities of other competitors, BPG does not represent any of its products to be products of any competitors, nor do we represent that its products are copies. Our products, the description of which reference other designer name brands of others are not fake so-called 'knockoffs' with company trademarks but merely comparable to the referenced designer brands. Any references to any brand names or 'compare to' are made strictly for comparison purposes. Our products are not meant to confuse, dilute or hurt any other party’s designer name, company name or trademarks and as such do not violate any copyright laws nor can our products be serviced by any authorized dealers of such brands. We do not represent our products to be authentic, original, or genuine to any registered designer brand labels of competitors. BPG takes no responsibility for what other persons, businesses, or websites may say or do with these products. By purchasing our products, the buyer agrees not to represent them as genuine or authentic products of our competitors.
We do not sell, nor have we ever sold, imitations of fashion originals, reproductions, exact copies, actual replicas, and certainly not counterfeits of original trademarked or copyrighted products of competitors. None of the items on our Website have designs, designer labels or fashion designer logos which are not the property of or licensed by BPG or its suppliers.
Third Party Transactions and Links
This Website may provide, or third parties may provide, links to non-BPG websites or resources. Because BPG has no control over such websites and resources, BPG is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. BPG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
BPG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with any user's participation, correspondence or business dealings with any third party found on or through this Website, including without limitation any matters regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such interaction.
Free Gift Terms
From time to time, BPG will offer customers a free gift with a minimum purchase. Offers are subject to change, and are displayed on our homepage. To qualify for a full refund for any purchased item that included a gift-with-purchase from BPG, the gift item must be returned with the original purchase.
Causes of action or Claims
Any cause of action or claim a user may have with respect to the BPG Website or BPG must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is automatically barred by the Statute of Limitations.
Trademark or Copyright Complaints
BPG respects the intellectual property of others and asks users to do the same.
If users believe that their work has been copied and is accessible on this Website in a way that constitutes copyright or trademark infringement, users may notify BPG by providing the following information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest;
• A description of the copyrighted work or trademark that users claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work or trademark exists or a copy of the copyrighted work or trademark;
• Identification of the URL or other specific location on the Website where the material that users claim is infringing is located;
• User’s address, telephone number, and e-mail address;
• A statement by the user that the user has a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law;
• A statement by the user made under penalty of perjury, that the above information is accurate and that the user is the copyright owner or authorized to act on the copyright or trademark owner's behalf.
For notice of copyright or trademark infringement on this website, please contact ramona@blackpearlgoddess.com or write to P.O. Box 12686, La Jolla, CA 92039 U.S.A.
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