We are Pampa Furniture, Inc., a California corporation (“Pampa Furniture”, “Company”, “We”, “Our”, and “Us”). We manufacture and sell home furnishings and accent pieces. We operate the website www.pampafurniturela.com (the “Website”). Our principal place of business is located at 7973 Beverly Blvd.
1.2 When we refer to “we”, “us” or “our”, we mean Pampa Furniture. When we refer to “you” or “your” we mean you, the person accessing or using our Website.
- Our Website
2.1 Our Website is made available free of charge. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period. We may update the Website and/or change the content on it at any time.
2.3 WE DO NOT GUARANTEE THAT THE WEBSITE, OR ANY CONTENT ON IT, WILL BE FREE FROM ERRORS OR OMISSIONS. WE USE REASONABLE EFFORTS TO INCLUDE ONLY ACCURATE AND UP-TO-DATE INFORMATION ON THE WEBSITE; HOWEVER, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, CONCERNING SUCH INFORMATION.
2.4 The Website and the content on it are provided for shopping, general information and entertainment purposes only.
- Our Rights
3.1 We are the owner or licensee of all intellectual property rights in the Website and its content, the Pampa Furniture name and mark, and Pampa Furniture product names, images and packaging. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
3.3 No part of the Website, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.
3.4 Any communications or materials you send to us through the Website by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of your order if you use the Website to purchase Pampa Furniture products from us). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.
- Change To Or Termination of Terms.
We may change these Terms from time to time. We may notify you of such changes by any reasonable means, including by posting a revised version of these Terms. If you object to such changes, your sole recourse shall be to stop using the Website. Your continued use of the Website following notice of any such changes shall indicate your acknowledgement and acceptance of such changes and agreement to be bound.
We may provide links to other websites or resources for your convenience only, and such links do not signify or imply that we endorse such website or resource or its contents over which we have no control and which we do not monitor. You use those links at your own risk and should apply a reasonable level of caution and discretion in doing so. You agree that we shall have no responsibility or liability for any information, software or materials found at any other website or resource.
- Exclusive Remedy and Limitation of Liability
7.1.1 death or personal injury caused by our negligence;
7.1.2 fraud or fraudulent misrepresentation; and
7.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
7.2 THE WEBSITE IS MADE AVAILABLE “AS IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO OUR WEBSITE OR ANY CONTENT ON IT, WHETHER EXPRESS OR IMPLIED.
7.3 WE WILL NOT BE LIABLE TO ANY USER FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:
7.3.1 USE OF, OR INABILITY TO USE, OUR WEBSITE; OR
7.3.2 USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON OUR WEBSITE.
7.4 WE ASSUME NO RESPONSIBILITY FOR THE CONTENT OF WEBSITES LINKED ON OUR WEBSITE. SUCH LINKS SHOULD NOT BE INTERPRETED AS ENDORSEMENT BY US OF THOSE LINKED WEBSITES. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THEM.
7.5 Different limitations and exclusions of liability will apply to liability arising as a result of the sale of any Pampa Furniture products by us to you. These are set out in our Terms and Conditions of Sale.
8.1 We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platforms in order to access our Website, and we recommend that you use your own virus protection software.
8.2 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offense under the Computer Misuse Act of 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
- Purchasing Products From Us
9.1. If you use the Website to purchase products from us, our Terms and Conditions of Sale and Return Policy will apply to your purchase. Please take the time to read our Terms and Conditions of Sale and Return Policy as they include important information and terms. If you do not accept our Terms and Conditions of Sale, you are not permitted to purchase products from us through the Website.
- Your Personal Information
- Social Media Links
11.1 This Website contains links to the Company’s social media accounts. Please review the terms of those sites and apps before using them.
- Prohibited Uses
- Integration & Severability.
- No Waiver.
- Location And Governing Law.
These Terms are governed by the laws of the State of California. You and we both agree that, subject to the arbitration provisions of Section 18, the courts located in the City and County of Los Angeles, State of California will have exclusive jurisdiction of any disputes.
- Disputes and Arbitration.
PLEASE READ THIS SECTION CAREFULLY—IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
18.3.1 Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com;
18.3.2 Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: your local JAMS office or to JAMS, 1925 Century Park East Suite 1400, Los Angeles, CA 90067; and
18.3.3 Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If travelling to Los Angeles, California is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and, in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this agreement shall be held in the United States in the City and County of Los Angeles, state of California under California law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
18.5 NO CLASS ACTIONS. You and Company may only resolve disputes between you and Company on an individual basis and neither you nor Company may bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed against the other party.
18.6 THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
- Separate Terms and Conditions.
- Contacting Us
Thank you for visiting our Website.