Please Note:  These Terms of Use contain an exclusive jurisdiction clause, an arbitration clause, indemnification obligations, disclaimers of warranties and limitations of liability.  Please review these Terms of Use in their entirety.

Palmetto Moon Terms of Use

Acceptance of Terms
Welcome to palmettomoonshop.com, a website provided by Palmetto Moon, LLC and the subsidiaries we own or control worldwide (collectively, "Palmetto Moon", PM”, “we”, “us”, “our”)  . Please take a few minutes to review our Terms of Use. The use of ShopPalmettoMoon.com website and/or palmettomoonshop.com (the "Website") and the sale of products and use of the services and information offered on this Website are governed by the terms and conditions set forth below together with all other disclaimers, guidelines, policies, and terms and conditions of sale and/or use appearing on this Website (collectively, the “Terms of Use”). Your (“you”, “your”) use of this Website in any manner, including but not limited to browsing, offering your product reviews, thoughts or ideas, creating a registry or account with us, or making a purchase, constitutes your acknowledgement that you have read the Terms of Use and that you agree to follow and be bound by them. You also acknowledge and agree that any disputes that may arise under these Terms of Use will be governed by the “Dispute Resolution” section set forth below.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN DO NOT ACCESS OR USE THE WEBSITE. BY VIEWING OR USING ALL OR ANY PART OF THE WEBSITE, DOWNLOADING ANY MATERIALS OR BY COMPLETING ANY SUBSCRIPTION OR REGISTRATION PROCESS, AND/OR BY OTHERWISE AGREEING TO THESE TERMS OF USE BY OR THROUGH THE WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE WITHOUT EXCEPTION OR LIMITATION.

Changes
Palmetto Moon (known as "PM") reserves the right, at its sole discretion, to modify or replace any of these Terms of Use at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes. Any amendment to these Terms of Use by you must be agreed to by us in writing. 

Minimum Age of Use
This website is intended for a mature audience. You certify you are of 18 years of age or older when viewing and/or placing an order with ShopPalmettoMoon.com and/or palmettomoonshop.com. If we determine you are under the age of 18 and/or do not meet the minimum age of use, we reserve the option to cancel your order with or without notice. 

Information and Subscriptions
At your election, you may request additional information about PM or subscribe to various information services concerning PM products, services and business. When you do so, the registration process will require you to provide your name, email address and certain additional information about your preferences, such as, for example, your preferred contact method and product markets of interest to you. You may initiate your subscription within your PM account.

Privacy
By agreeing to these Terms of Use, you also agree to our Privacy Policy located at [URL] which is incorporated herein by reference.  Like these Terms of Use, the Privacy Policy is subject to change from time to time.  Your continued use of the website constitutes your acceptance to any changes to the Privacy Policy.

Debit Card Holds
When using a debit card, please be aware that your financial institution may place a hold on your account for an amount that may equal or exceed the purchase amount. PM is not responsible for placing or removing debit holds. Please contact your financial institution if you would like more information.

Rules and Conduct
The Website (including without limitation, any content, documents or other information made available via the Website) is provided only for your personal, non-commercial use. Any unauthorized use of the Website is expressly prohibited.  As a condition of use, you promise not to use the Website for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by PM. You agree to abide by all applicable local, state, national and international laws and regulations.  By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any content (including text, communications, software, images, sounds, data or other information) using any communications service or other service available on or through the Website, that:

• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, obscene, profane or which otherwise violates these Terms of Use;
• infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any party;
• constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
• imposes an unreasonable or disproportionately large load on PM's computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through password mining or otherwise;
• contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of PM's, and/or any third party;
• or harvests or collects any information from the Website;
• or impersonates any person or entity, including any employee or representative of Palmetto Moon.

Palmetto Moon may, at its sole discretion, immediately terminate your access to the Website should your conduct fail to conform strictly with any provision of this section.

Content
Palmetto Moon has no obligation to monitor the Website or any use thereof. However, PM reserves the right at all times and without notice to monitor, review, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental (including law enforcement) request. We do not endorse any information or content contained in the Website submitted by users and we are not liable for any such information posted in the Website, including but not limited to any information posted by or about you.  We reserve the right to take any action with respect to information posted in the Website which we believe is appropriate in our sole discretion, including but not limited to removal.  However, we cannot, nor do we, control the information provided by users which is made available through our Website. By its very nature, other people's information may be offensive, harmful, inaccurate, or in some cases may be mislabeled or deceptively labeled. 

Third Party Websites
This Website may contain links to other sites that are neither owned nor operated by Palmetto Moon, although some such sites may have an affiliation with PM and/or may be service providers of PM (collectively, Third Party Websites). Such links are provided for your convenience only. PM makes no representations whatsoever about any Third Party Websites which you may access through this Website, as PM has no control over the content appearing on such Third Party Websites. Moreover, a link to a Third Party Website does not imply and does not constitute sponsorship, endorsement, approval, or responsibility for the content on, or the use of, such Third Party Website. No rights to use or copy the information on this Website or the Third Party Website is granted or implied. Please note: The terms of use and privacy policies applicable to Third Party Websites may differ significantly from those of PM. You are encouraged to review the applicable privacy policies of such Third Party Websites.

Proprietary Rights
The Website and the content accessible through the Website, and all intellectual property rights included in or associated with the website, including but not limited to patents, copyrights, trademarks and service marks (collectively, "Content"), are owned or licensed by us, and all right, title and interest in and to the service remains with us.  Except as expressly authorized by PM in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such Content. However, you may print or download a reasonable number of copies of the Content at this Website for your internal business purposes; provided, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other Content from this Website to create or compile, directly or indirectly, a collection, database or directory without written permission from PM is prohibited.

Reproducing, copying or distributing any Content, materials or design elements on the Website for any other purpose is strictly prohibited without the express prior written permission of PM. Use of the Content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. Any rights not expressly granted herein are reserved.

User Comments
We welcome your comments about our Website, but please note that by uploading, submitting or otherwise disclosing or distributing content of any kind any including but not limited to, comments, feedback, reviews, photographs, original art, notes, messages, ideas, suggestions, or other communications (collectively “Comments”) at or otherwise through the Website, you:

• grant to Palmetto Moon, its affiliates and their assignees the perpetual, irrevocable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such Comments in any form and for any purpose, including without limitation, any concepts, ideas or know-how embodied therein without restriction and without compensating you in any way;
• represent and warrant to PM that you own or otherwise control all rights to such Comments and that disclosure and use of such Comments by PM (including without limitation, publishing content at the Website) will not infringe or violate the rights of any third party; and acknowledge that the Comments may not be treated confidentially.

FOR THIS REASON, WE ASK THAT YOU NOT SEND US ANY COMMENTS THAT YOU DO NOT WISH TO ASSIGN TO PM, INCLUDING ANY CONFIDENTIAL INFORMATION OR ANY ORIGINAL CREATIVE MATERIALS SUCH AS STORIES, PRODUCT IDEAS, COMPUTER CODE, PHOTOGRAPHS, OR ORIGINAL ARTWORK.

Termination 
We may, in our sole discretion and at any time, discontinue the Website, either in part or in whole, with or without notice and/or we may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. You agree that any termination of your access to the Website may be affected without prior notice, and you agree that we shall not be liable to you or any third-party for any such termination.  If you wish to terminate your account, you may simply discontinue using the Website.

No Warranties 
The material in this Website could include technical inaccuracies or typographical errors, including pricing errors. Certain information is subject to change. Neither PM nor any of its suppliers or providers guarantee the accuracy, correctness, completeness, or timeliness of the services, data, or other information furnished via the Website.  The products (“Products”) provided for sale through the Website are provided “AS IS” without warranty of any kind (unless otherwise set forth in a specific limited warranty provided with the applicable Product) and further provided that Products are subject to our return policies as specified on the Website from time to time.  ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE WEBSITE AND CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (A) THE CONTENT IS TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (B) THE WEBSITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE WEBSITE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE AND BELOW LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability
IN NO EVENT SHALL PM (OR ITS AFFILIATES, LICENSORS AND SUPPLIERS) BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, EVEN IF PM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (D) ANY DAMAGES IN EXCESS OF THE PURCHASE PRICE PAID BY YOU TO PM FOR THE PRODUCT OR SERVICE GIVING RISE TO THE LIABILITY. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN. 

Indemnification
You agree to defend, indemnify, and hold harmless Palmetto Moon, its affiliates and their employees, contractors, officers, directors and representatives from all liabilities, claims, and expenses, including attorneys' fees, resulting from: (i) your use of the Website; (ii) your breach of any provision of these Terms of Use; (iii) the illegality, reliability, appropriateness, originality or copyright of any submission to us; and/or (iv) any intentional wrongdoing by you. PM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with PM in asserting any available defenses.

International Use
PM makes no representation that the Content is appropriate or available for use in locations outside the United States, and accessing the Website is prohibited from territories where such Content is illegal. If you access the Website from other locations, you do so at your own initiative and are responsible for compliance with local laws.

Dispute Resolution 
You recognize that, although the Internet can be accessed from anywhere in the world, the Website is located in the State of South Carolina, United States of America, and that when you access the Website, you are doing so in the State of South Carolina, United States of America. These Terms of Use shall be governed by and construed in accordance with the internal substantive laws of the State of South Carolina without giving effect to any principles of conflict of law and the federal laws of the United States of America. 

You and we agree that any dispute, claim or controversy arising out of or relating in any way to the Website, these Terms of Use or with respect to our products and services, shall be determined by binding arbitration or in small claims court. By agreeing to arbitration, you waive your right to have a judge or jury decide the dispute; arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use.  The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and will be administered by the AAA. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision.

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we  agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

You and PM agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.  These Terms of Use shall be governed by and construed in accordance with the laws of the State of South Carolina, excluding its conflicts of law rules, and the United States of America. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Website shall be in South Carolina, USA, and you further agree and submit to the exercise of personal jurisdiction of the federal and state courts of South Carolina, USA. Use of the Website is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.

Integration and Severability
These Terms of Use, the Privacy Policy and any web pages, PM policies or other documents incorporated by reference, are the entire agreement between you and PM with respect use of this Website, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and PM with respect to this Website (but excluding the use of any software which may be subject to a separate PM end-user license agreement). NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.  If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.

Miscellaneous 
These Terms of Use  are personal to you, and are not assignable, transferable or sub-licensable by you except with PM's prior written consent. PM may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect. Except as otherwise provided herein, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Copyright and Trademark Notices
Unless otherwise indicated, these Terms of Use and all Content provided by PM are Copyright ©2017 Palmetto Moon, LLC and/or its licensors. All rights reserved. Palmetto Moon, LLC and all products and services referenced herein are either trademarks or registered trademarks of PM or their respective brands. The names of actual companies and products mentioned at the Website may be the trademarks of their respective owners.

Copyright Infringement
If you believe a work on the Website constitutes infringement of your copyright or other intellectual property rights, please provide our Designated Agent with a written communication containing the following information:

1. evidence of your authorization to act on behalf of the owner of the copyrighted work;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the alleged infringing material is located on the Website, including where the material is located;
4. your address, telephone number, and email address;
5. 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;
6. 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; and
7. your physical or electronic signature.

Palmetto Moon's Designated Agent for notice of claims of copyright infringement can be reached at: [email protected]. 

Contact 
You may contact Palmetto Moon at the following address:
Palmetto Moon, LLC
1950 Hanahan Road
North Charleston, SC 29406
[email protected]

Terms of Use Version 2.0
Last Updated: October 9, 2017