Terms and Conditions
Here are the rules
By using PNWMagic.com, you’re agreeing to abide by the Terms & Conditions shown below. So maybe take a minute to see what you’re agreeing to.
Last Updated: October 21, 2019
Welcome to PNWMagic.com! PNWMagic.com and/or its affiliates provide website features and other products and services to you when you visit or shop at the websites operated by PNWMagic.com (including any future site operated by PNWMagic.com, collectively, the “sites”), use PNWMagic.com products or services, use PNWMagic.com applications for mobile, or use software or data provided by PNWMagic.com in connection with any of the foregoing (collectively, together with any use of the sites, “PNWMagic.com Services”). PNWMagic.com provides the PNWMagic.com Services subject to the following conditions.
By using PNWMagic.com Services, you agree to these conditions. Please read them carefully.
We offer a wide range of PNWMagic.com Services, and sometimes additional terms may apply. When you use a PNWMagic.com Service (for example, PNWMagic.com applications for mobile) you also will be subject to the guidelines, terms and agreements applicable to that PNWMagic.com Service (“Service Terms”). If these Terms & Conditions of Use (“Conditions of Use”) are inconsistent with the Service Terms, those Service Terms will control.
When you use any PNWMagic.com Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the sites or through the other PNWMagic.com Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any PNWMagic.com Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of PNWMagic.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any PNWMagic.com Service is the exclusive property of PNWMagic.com and protected by U.S. and international copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any PNWMagic.com Service are trademarks or trade dress of PNWMagic.com in the U.S. and other countries. PNWMagic.com’s trademarks and trade dress may not be used in connection with any product or service that is not PNWMagic.com’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PNWMagic.com. All other trademarks not owned by PNWMagic.com that appear in any PNWMagic.com Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PNWMagic.com.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, PNWMagic.com or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the PNWMagic.com Services. This license does not include any resale or commercial use of any PNWMagic.com Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any PNWMagic.com Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by PNWMagic.com or its licensors, suppliers, publishers, rightsholders, or other content providers. No PNWMagic.com Service, nor any part of any PNWMagic.com Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of PNWMagic.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PNWMagic.com without express written consent. You may not use any meta tags or any other “hidden text” utilizing PNWMagic.com’s name or trademarks without the express written consent of PNWMagic.com. You may not misuse the PNWMagic.com Services. You may use the PNWMagic.com Services only as permitted by law. The licenses granted by PNWMagic.com terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any PNWMagic.com Service, 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. PNWMagic.com does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the PNWMagic.com Services only with involvement of a parent or guardian. PNWMagic.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. PNWMagic.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant PNWMagic.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant PNWMagic.com and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify PNWMagic.com for all claims resulting from content you supply. PNWMagic.com has the right but not the obligation to monitor and edit or remove any activity or content. PNWMagic.com takes no responsibility and assumes no liability for any content posted by you or any third party.
PNWMagic.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us by e-mail at firstname.lastname@example.org.
RISK OF LOSS
All items purchased from PNWMagic.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Some items may not be returnable or refundable. At our discretion, a refund may be issued without requiring a return. In this situation, PNWMagic.com does not take title to the refunded item. PNWMagic.com does not take title to returned items until the item arrives at our fulfillment center.
PNWMagic.com attempts to be as accurate as possible. However, PNWMagic.com does not warrant that product descriptions or other content of any PNWMagic.com Service is accurate, complete, reliable, current, or error-free. If a product offered by PNWMagic.com itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price displayed for products on any PNWMagic.com Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set.
With respect to items sold by PNWMagic.com, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by PNWMagic.com is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We generally do not charge your payment method until after your order has entered the shipping process.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE PNWMAGIC.COM SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PNWMAGIC.COM SERVICES ARE PROVIDED BY PNWMAGIC.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PNWMAGIC.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PNWMAGIC.COM SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PNWMAGIC.COM SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PNWMAGIC.COM SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PNWMAGIC.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PNWMAGIC.COM DOES NOT WARRANT THAT THE PNWMAGIC.COM SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PNWMAGIC.COM SERVICES, PNWMAGIC.COM’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM PNWMAGIC.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PNWMAGIC.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PNWMAGIC.COM SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY PNWMAGIC.COM SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any PNWMagic.com Service, or to any products or services sold or distributed by PNWMagic.com or through the sites will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send an e-mail requesting arbitration and describing your claim to our registered agent at administration(at)pnwmagic.com. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, PNWMagic.com will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any PNWMagic.com Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and PNWMagic.com.
MODIFICATION AND SEVERABILITY
19215 SE 34th St #106
Camas, WA 98607
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PNWMagic.com’s copyright agent with this information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the sites;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
PNWMagic.com’s Copyright Agent for notice of claims of copyright infringement on the sites can be reached as follows:
PNWMagic.com Services LLC
19215 SE 34th St #106
Camas, WA 98607
Please note that this procedure is exclusively for notifying PNWMagic.com that your copyrighted material has been infringed.