Terms of Use & Conditions

 

Last Updated:  February, 16, 2019

1. Introduction

 

Welcome to the family of websites and applications provided by The Pink Buffalo.  These Terms of Use govern your access to and use of all The Pink Buffalo Sites.  By using the The Pink Buffalo Sites, you affirm that you are of legal age to enter into these Terms of Use, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Use.  If you violate or do not agree to these Terms of Use, then your access to and use of the The Pink Buffalo Sites is unauthorized.  Additional terms and conditions apply to some services offered on the The Pink Buffalo Sites (e.g., Gift Cards).  Those terms and conditions can be found where the relevant service is offered on the The Pink Buffalo Sites and are incorporated into these Terms of Use by reference.

DEFINED TERMS:  In these Terms of Use:

 

  • When we say “The Pink Buffalo,” we mean The Pink Buffalo, LLC. We also refer to The Pink Buffalo as “we,” “us” and “our.”  But when we say “The Pink Buffalo,” we mean The Pink Buffalo and its affiliates; its and their suppliers, vendors, contractors, and licensors; and its and their directors, officers, employees, and agents. 
  • When we say “The Pink Buffalo Sites,” we mean www.pinkbuffaloboutique.com, www.pinkbrandreps.com, and all related functionality, services, and Content offered by or for The Pink Buffalo on or through www.pinkbuffaloboutique.com and www.pinkbrandreps.com or the systems, servers, and networks used to make the The Pink Buffalo Sites available.
  • When we say “you” or “your” we mean any user (like you!) of any The Pink Buffalo Site.
  • When we say “Terms of Use,” we mean these Terms of Use and all other terms and policies posted by The Pink Buffalo on the The Pink Buffalo Sites (and any updates by The Pink Buffalo to these Terms of Use and those terms and policies).
  • A few other key terms used in these Terms of Use:
  • When we say “Content,” we mean merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials.)
  • When we say “Ideas,” we mean ideas, concepts, feedback, and know-how that you make available in connection with the The Pink Buffalo Sites.
  • When we say “make available,” we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the The Pink Buffalo Sites administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with the The Pink Buffalo Sites through the tools offered by such social media platforms).
  • When we say “Materials,” we mean Content that The Pink Buffalo Entities make available on or through the The Pink Buffalo Sites, including In Store Now information.

 

IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 19 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.  THIS MEANS THAT YOU AND THE PINK BUFFALO ARE EACH GIVING UP OUR RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.

UPDATES:  We may update these Terms of Use from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms of Use through the The Pink Buffalo Sites.   By continuing to use or access any of the The Pink Buffalo Sites after we post any changes, you accept the updated Terms of Use.  The “Last Updated” legend above indicates when these Terms of Use were last changed.

 


 

2. Your Use of the The Pink Buffalo Sites

 

You certify that the Content you provide on or through the The Pink Buffalo Sites is accurate and that the information you provide on or through the The Pink Buffalo Sites is complete.  You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN.  The Pink Buffalo is not responsible for any losses arising out of the unauthorized use of your account.  You agree that The Pink Buffalo does not have any responsibility if you lose or share access to your device.  Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the The Pink Buffalo Sites.  You agree that The Pink Buffalo is not a party to any such agreement, nor is The Pink Buffalo responsible for the content, accuracy, or unavailability of any method used for payment.  Your account may be restricted or terminated for any reason, at our sole discretion.  Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the The Pink Buffalo Sites or any portion of the The Pink Buffalo Sites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the The Pink Buffalo Sites or any portion of the The Pink Buffalo Sites.

 

  • In connection with the The Pink Buffalo Sites, you will not:
  • Make available any Content through or in connection with the The Pink Buffalo Sites that is or may be in violation of the content guidelines set forth in Section 3.C (Prohibited Content) below. 
  • Make available through or in connection with the The Pink Buffalo Sites any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
  • Use the The Pink Buffalo Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
  • Harvest or collect information about users of the The Pink Buffalo Sites.
  • Interfere with or disrupt the operation of the The Pink Buffalo Sites or the systems, servers, or networks used to make the The Pink Buffalo Sites available, including by hacking or defacing any portion of the The Pink Buffalo Sites; or violate any requirement, procedure or policy of such servers or networks.
  • Restrict or inhibit any other person from using the The Pink Buffalo Sites.
  • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the The Pink Buffalo Sites except as expressly authorized in these Terms of Use, without The Pink Buffalo’s express prior written consent.
  • Reverse engineer, decompile, or disassemble any portion of the The Pink Buffalo Sites, except where such restriction is expressly prohibited by applicable law.
  • Remove any copyright, trademark, or other proprietary rights notice from the The Pink Buffalo Sites.
  • Frame or mirror any portion of the The Pink Buffalo Sites, or otherwise incorporate any portion of the The Pink Buffalo Sites into any product or service, unless you obtain The Pink Buffalo’s express prior written consent to do so.
  • Systematically download and store any Materials.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the The Pink Buffalo Sites, without The Pink Buffalo’s express prior written consent.
  • Cause injury to any person or entity.
  • Violate any law, rule, or regulation, or these Terms of Use.
  • You will not use the The Pink Buffalo Sites or The Pink Buffalo’s name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a The Pink Buffalo trademark, logo, URL, or product name without The Pink Buffalo’s written consent;
  • You will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Use.

 


 

3. Content and Ideas

 

A.     Submitting Content and Ideas

The Pink Buffalo provides functionality that enables users to make available Content and Ideas in connection with the The Pink Buffalo Sites.  Any text in Content should be written in English.  You acknowledge and agree that you are responsible for all Content and Ideas you make available in connection with any The Pink Buffalo Site.  You represent and warrant that (1) you have the authority to grant the rights in such Content and Ideas as set forth in these Terms of Use, including in Section 3(B) below; and (2) such Content and Ideas, and the use of such Content and Ideas, will not violate any term of these Terms of Use.  This means you will be responsible for the legality, the accuracy, the appropriateness, the originality, and your rights in any such Content and Ideas.  

B.     The Pink Buffalo’s Rights to Use Content and Ideas

You grant to The Pink Buffalo a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed.  You further agree that The Pink Buffalo is free to use any Ideas for any purpose.  The Pink Buffalo may sublicense its rights in Content and Ideas through multiple tiers of sublicenses.  The Pink Buffalo is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea.  You grant to The Pink Buffalo the right to use any name associated with any Content or Idea that you make available to The Pink Buffalo, although The Pink Buffalo has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.  

 

C.     Prohibited Content

You agree that you will not make available Content in connection with the The Pink Buffalo Sites that:

 

  • is false, fraudulent, inaccurate, or misleading;
  • contains your full name(s), or any other confidential personally identifiable information of yourself or others;
  • violates any local, state, federal, or international laws or is otherwise tortious;
  • is protected by or would infringe on the rights of others (including The Pink Buffalo), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
  • is obscene, indecent, pornographic, or otherwise objectionable;
  • is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by The Pink Buffalo in its sole discretion;
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
  • is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
  • contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from The Pink Buffalo;
  • contains or relates to chain letters or pyramid schemes;
  • impersonates another business, person, or entity, including The Pink Buffalo, its related entities, employees, and agents;
  • violates any policy posted on the The Pink Buffalo Sites; or
  • is intended to cause harm, damage, disable, or otherwise interfere with the The Pink Buffalo Sites or our partners.

 


 

4. Monitoring by The Pink Buffalo

 

The Pink Buffalo will have the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyze Content, and any use of and access to the The Pink Buffalo Sites, including to determine compliance with these Terms of Use and any other operating rules that may be established by The Pink Buffalo from time to time.  The Pink Buffalo will also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any Content made available through, the The Pink Buffalo Sites, for any reason, including violation of these Terms of Use, whether for legal or other reasons.  Despite this right of ours, you are solely responsible for any Content you make available, and you agree to indemnify The Pink Buffalo for all claims resulting from any Content you make available.

 


 

5. Materials Available on the The Pink Buffalo Sites

 

The Pink Buffalo and its suppliers and licensors may make available various Materials.  The Materials are for educational and informational purposes only, and errors may appear from time to time.  Before you act in reliance on any Materials, you should confirm any facts that are important to your decision.  The The Pink Buffalo Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials.  If you find an error or notice something that does not look quite right on the The Pink Buffalo Sites, we would appreciate it if you let us know by contacting us at https://www.pinkbuffaloboutique.com/contact-us/.  (Your feedback is a big part of what helps The Pink Buffalo to get better at helping you!)

 


 

6. Merchandise

 

The Sites may make available listings, descriptions, and images of goods and services (collectively, “Products”).  Such Products may be made available by us or by third parties.  We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites).  Such information and the availability of any Product are subject to change at any time without notice.

We have made efforts to accurately display the attributes of Products, including the applicable colors.  However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect actual product color or finish.  In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.

We sell Products for children’s use; however, these Products are intended for sale to adults.  

The Pink Buffalo has no liability to you for content on the The Pink Buffalo Sites that you find to be offensive, indecent, or objectionable.  Certain videos, movies, TV programs, video games, computer games, and other Products are labeled with age restrictions or are intended for individuals of certain ages or “mature audiences” only.  By ordering an age restricted item, you certify that you satisfy the age restrictions.

The Pink Buffalo is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including any The Pink Buffalo Entity, Marketplace Retailer (as defined below in Section 16.A), our advertisers, or other third parties to whose sites we link.  While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on The Pink Buffalo Sites, including the product description, country of origin, nutrition, ingredient, allergen, and other information.  Always read labels, warnings, directions, and other information provided with the product before using or consuming the product.  For additional information about a product, please contact the manufacturer. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return), in accordance with The Pink Buffalo’s return policy.  It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.  
 

 


 

7. Third Party Sites

 

References on The Pink Buffalo Sites to any names, marks, products, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services.  The Pink Buffalo is not responsible for the content of any third-party linked site or any link contained in a linked site, including any third-party social media or mobile app platform with which the The Pink Buffalo Sites operate or otherwise interact, nor is The Pink Buffalo responsible for the acts or omissions of any operator of any such site or platform.  Your use of any such third-party site or platform is at your own risk, and will be governed by such third party's terms and policies (including its privacy policy).
 

 


 

8. Placing an Order

 

A. Order Acceptance and Billing

 

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us.  All billing information you provide to us must be truthful and accurate.  Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order.  Prior to accepting an order we may also request additional information from you.  Verification of information may be required prior to the acknowledgment or completion of any purchase.  We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.  If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.  We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order.  The Pink Buffalo may request a pre-authorization for some orders placed online with a credit or debit card.  This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period.  Your card issuer determines the length of time the pre-authorization is held.  We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

 

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes.  You will not be charged for most orders until the order has shipped.  Some exceptions (when you will be charged at the time your order is placed) are: (i) orders or preorders paid for with a Gift Card, eGift Card, or PayPal account; and (ii) orders paid using the in-store “Cash” payment method.

The Pink Buffalo reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied.  The Pink Buffalo also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers.  For purposes of these Terms of Use, “reselling” will be defined as purchasing or intending to purchase any Product(s) from The Pink Buffalo for the purpose of engaging in a commercial sale of the same Product(s) to a third party.

 

B. Pricing Information; Availability

 

The Pink Buffalo cannot confirm the price or availability of an item until after your order is placed.  Pricing or availability errors may occur on the The Pink Buffalo Sites or through Marketplace Retailers.  The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product.  The Pink Buffalo reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from The Pink Buffalo.  The Pink Buffalo may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.  Pricing for products may be different on the The Pink Buffalo Sites or from prices available in The Pink Buffalo stores or on The Pink Buffalo Apps.

 

C. Promotional Codes

 

Promotional codes are limited in nature and may expire or be discontinued with or without notice.  Promotional codes are void where prohibited by law.  Promotional codes may not be copied, sold, or otherwise transferred.  They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice.  We reserve the right in our discretion to impose conditions on the offering of any promotional code.

D. Gift Cards

 

The risk of loss and title to any gift cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.  

 


 

9. Shipping and Delivery

 

Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the The Pink Buffalo Sites.  All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.

 

Delivery of Products purchased from the The Pink Buffalo Sites to addresses outside the United States is currently not available.  

 


 

10. Export Policy

 

You acknowledge that (a) goods licensed or sold on the The Pink Buffalo Sites, and (b) any software or technology purchased, downloaded, or used from the The Pink Buffalo Sites, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received, and you agree to comply with all applicable laws.  You agree, represent, and warrant that no Materials will be accessed from, downloaded in, released in, carried to, transferred to, transshipped through, exported to, or re-exported (collectively “transferred”) to any territory (or national resident thereof), person, entity, or organization to which such Materials could not be transferred directly from the United States or by a U.S. person without a license, including without limitation to any person on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. 
 

 


 

11. Intellectual Property

 

The The Pink Buffalo Sites and all Materials, and all copyrights, trademarks, trade dress, and other intellectual property rights there (collectively, the “IP”) are owned or controlled by or licensed to The Pink Buffalo, and are protected by U.S. and international trademark, copyright, and other intellectual property laws.  Materials are licensed (not sold) to end users.  Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by The Pink Buffalo to use the The Pink Buffalo Sites, you may access, view, download, and print the Materials for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, or other proprietary designations contained on all Materials; (2) do not modify or alter the Materials in any way; and (3) do not provide or make available the Materials to any third party in a commercial manner.  In addition, subject to your compliance with these Terms of Use, and solely for so long as you are permitted by The Pink Buffalo to use the The Pink Buffalo Apps, we permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the The Pink Buffalo Apps on a mobile device that you own or control, solely for your personal, non-commercial use.  If you fail to comply with any of the terms or conditions of these Terms of Use, you must immediately cease using the The Pink Buffalo Apps and remove (that is, uninstall and delete) the The Pink Buffalo Apps from your mobile device.

 

No license, right, title, or interest in the The Pink Buffalo Sites or any Materials is transferred to you as a result of your use of the The Pink Buffalo Sites or your accessing, viewing, downloading, or printing of the Materials.  You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the The Pink Buffalo Sites.  The The Pink Buffalo Sites and Materials may be used only as a personal shopping resource.  Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the The Pink Buffalo Sites and the Materials is strictly prohibited.  The compilation (meaning the collection, arrangement, and assembly) of the The Pink Buffalo Sites and Materials is the exclusive property of The Pink Buffalo and is also protected by U.S. and international copyright laws.

THE PINK BUFFALO names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the The Pink Buffalo Sites are trademarks or trade dress of The Pink Buffalo in the U.S. and other countries.  All other marks are the property of their respective companies.
 

 


 

12. Procedure for Making a Claim of Copyright Infringement

 

We respect the intellectual property of others.  If you believe that your work has been copied and is accessible on the The Pink Buffalo Sites in a way that constitutes copyright infringement, please contact us at https://www.pinkbuffaloboutique.com/contact-us/
 

 


 

13. Privacy

 

If you purchase an item on www.pinkbuffaloboutique.com, we will store your contact information (such as cell phone, email, address). We will not share your information; however, we will add you to our text and email distribution lists. You can unsubscribe at anytime from those lists by following the instructions in the text or emails.
 

 


 

14. Third-Party Software & Licensing Notices

 

The The Pink Buffalo Sites may include certain third-party technologies and open source materials (collectively, “Third-Party Technology”).  
 

 


 

15. Promotions

 

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the The Pink Buffalo Sites may be governed by rules that are separate from these Terms of Use. 

 


 

 

 

16. Disclaimer of Warranties

 

THE THE PINK BUFFALO SITES, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE THE PINK BUFFALO SITES, ARE PROVIDED BY THE PINK BUFFALO ON AN “AS IS” AND “AS AVAILABLE” BASIS.  NO THE PINK BUFFALO ENTITY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE THE PINK BUFFALO SITES OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE THE PINK BUFFALO SITES.  TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE THE PINK BUFFALO ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  WITHOUT LIMITING THE FOREGOING, THE THE PINK BUFFALO ENTITIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE THE PINK BUFFALO SITES.  YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE THE PINK BUFFALO SITES IS AT YOUR SOLE RISK.  THIS SECTION 17 DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM THAT IS SOLD BY THE PINK BUFFALO TO YOU THROUGH THE THE PINK BUFFALO SITES.  THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE THE PINK BUFFALO SITES AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE THE PINK BUFFALO SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES.  YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO THE PINK BUFFALO ENTITY IS RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE THE PINK BUFFALO SITES.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
 

 


 

17. Limitation of Liability

 

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THE PINK BUFFALO WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE THE PINK BUFFALO SITES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF A THE PINK BUFFALO ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.  TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.  SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO THE PINK BUFFALO ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE THE PINK BUFFALO SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO THE PINK BUFFALO ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY MARKETPLACE RETAILER), SHOPPER, OR OTHER USER OF THE THE PINK BUFFALO SITES.

 


 

18. Indemnification

 

You agree to defend (at The Pink Buffalo’s option), indemnify, and hold the The Pink Buffalo Entities harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the The Pink Buffalo Sites or any breach by you of these Terms of Use.  The Pink Buffalo reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with The Pink Buffalo if and as requested by The Pink Buffalo in the defense and settlement of such matter.
 

 


 

19. Disputes & Arbitration; Applicable Law

 

PLEASE READ THIS SECTION CAREFULLY.  IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.  Using or accessing the The Pink Buffalo Sites constitutes your acceptance of this Arbitration provision.  Please read it carefully as it provides that you and The Pink Buffalo will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.

 

All legal matters shall be governed by the laws of the State of Arkansas, without giving effect to any conflict of laws principles. Any dispute, controversy or claim arising out of, relating to or in connection with this Contract, including the breach, termination or validity thereof, shall be finally resolved by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Mediation Procedures. The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate.

 

The parties agree to arbitrate solely on an individual basis, and that this agreement does not permit representative, class or collective arbitration or any claims brought as a plaintiff or class member in any representative, class or collective arbitration proceeding. The tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative, class or collective proceeding. In the event the prohibition on representative, class or collective arbitration is deemed invalid or unenforceable, then the entire agreement to arbitrate will be null and void.

 

The award rendered by the arbitrator shall be final, non-reviewable, non-appealable and binding on the parties and may be entered and enforced in any court having jurisdiction and any court where a party or its assets is located. There shall be one arbitrator agreed to by the parties within twenty (20) days of receipt by respondent of the request for arbitration or in default thereof appointed by the AAA in accordance with its Commercial Rules. The exclusive seat or place of arbitration shall be Benton County, Arkansas. The arbitrator will have no authority to award punitive damages, consequential damages, or liquidated damages.

 

This agreement to arbitrate shall be enforceable under and subject to the Federal Arbitration Act. The Federal Arbitration Act will apply even though this Contract provides that it is governed by, and construed in accordance with, the law of the State of Arkansas. Each party shall pay its, her or his own expenses of arbitration and attorneys’ fees, and the fees and expenses of the arbitrator and the arbitration proceeding shall be equally shared by the parties.

 

If you opt out of this agreement to arbitrate as provided above, or in the event the prohibition on representative, class or collective arbitration is deemed invalid or unenforceable, the parties agree the exclusive venue for any lawsuit arising out of, relating to or in connection with this Contract shall be only the Circuit Court of Benton County, Arkansas or the District Court of Benton County Arkansas, and the parties hereby consent to and agree to submit themselves to personal jurisdiction in said Courts. The parties waive: (i) all defenses to venue and personal jurisdiction in said Courts; and (ii) all defenses alleging that said Courts are inconvenient forums.

ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND THE PINK BUFFALO, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT THE PINK BUFFALO AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY.  YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.  

 


 

20. Termination

 

These Terms of Use are effective unless and until terminated by either you or The Pink Buffalo.  You may terminate these Terms of Use at any time, provided that you discontinue any further use of the The Pink Buffalo Sites.  We also may terminate these Terms of Use at any time and may do so immediately without notice, and deny you access to the The Pink Buffalo Sites, if in our sole discretion you fail to comply with any term or provision of these Terms of Use.  Upon any termination of these Terms of Use by either you or The Pink Buffalo, you must promptly destroy all Materials and other Content downloaded or otherwise obtained from the The Pink Buffalo Sites, as well as all copies of such Content, whether made under these Terms of Use or otherwise.  The following sections will survive any termination of these Terms of Use: “Your Use of the The Pink Buffalo Sites,” “Content and Ideas,” “Monitoring by The Pink Buffalo,” “Materials Available on the The Pink Buffalo Sites,” “Merchandise,” “Third Party Sites,” “Placing an Order with The Pink Buffalo,” “Shipping and Delivery,” “Export Policy,” “Intellectual Property” (excluding the rights granted to you in that Section), “Privacy,” “Third-Party Software & Licensing Notices,” “Indemnification,” “Termination,” “Disclaimer of Warranties,” “Limitation of Liability,” “Disputes & Arbitration,” and “General”.
 

 


 

21. General

 

These Terms of Use represent the complete agreement and understanding between you and The Pink Buffalo and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use.  These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and The Pink Buffalo.  Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section.  If any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use will remain in full force and effect.  The failure of The Pink Buffalo to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit The Pink Buffalo's rights with respect to such breach or any subsequent breaches.  You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent.  We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction.  Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.”  Notices to you (including notices of changes to this these Terms of Use) may be made via posting to the The Pink Buffalo Sites or by e-mail (including in each case via links), or by regular mail.  Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
 

 


 

22. Filtering

 

This is to notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.  Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers.  Please note that we do not endorse any of the products or services listed on such site.
 

 


 

23. How to Contact Us

 

If you have any questions or comments, please contact us at https://www.pinkbuffaloboutique.com/contact-us/

Last updated on February 16, 2019  

 

 

 

Brand Rep Terms & Conditions

 

Miscellaneous

  • Share your coupon code with your social media followers (10% off). This is how we know to pay you! You can choose whatever code you want for this (you don’t have to use your first name).
  • If someone does not use your 10% off code, you will not receive any commission on that sale. We are unable to add a coupon code after the sale is complete.
  • We are allowed to share/use any of the pictures that you post related to The Pink Buffalo on our social media platforms or on our website.
  • Do not post your coupon code in the comments section of our social media posts. This is not fair to the other Brand Reps that you grab sales off the main page.

  • Payment: You will be paid as an independent contractor (you will not be an employee of The Pink Buffalo)      

  • Taxes: The Pink Buffalo will not withhold any income or FICA taxes from any payments to you. You are responsible for paying all applicable state, federal, and local income taxes (this is a standard practice for all independent contractors). If you make more than the IRS threshold (currently $600 per year), then we will send you a 1099-MISC.

  • Insurance: The Pink Buffalo does not provide workman's compensation or unemployment insurance.

  • Benefits: As an independent contractor, you are not eligible for and have no claim to medical benefits, profit sharing, vacation pay, sick pay, retirement plans, or any other benefits.

  • Working hours: As an independent contractor, you set your own work hours and schedule for your business.

  • Working relationship: You are not required to contract exclusively with The Pink Buffalo. You are free to work for and/or contract with other persons, retailers or companies.

  • Work location: You provide your own work location, materials and equipment.

  • Age of Majority: All Brand Reps must have reached the age of majority, usually eighteen (18) years of age, in the jurisdiction in which they reside. Any Ambassador found to be in violation at present or at the time of sign up is subject to termination.

  • The Pink Buffalo has the right to cancel this Contract for any reason at any time.

  • You have the right to cancel this Contract for any reason at any time.

Intended Audience/Use

The Pink Buffalo provides the Contract to you subject to these Terms & Conditions. These Terms & Conditions may be updated by The Pink Buffalo from time to time without notice to you. You can review the most current version at: www.pinkbrandreps.com. Each Ambassador has the responsibility to read, understand, and adhere to the Terms & Conditions, and ensure that he or she is aware of and operating under the most current version.

The Terms & Conditions are effective as of the date first displayed online and govern the way an Ambassador conducts business with the Company, other Ambassadors, and Customers. The governing definitions are capitalized and found in Appendix A. Any interpretation, clarification or exception to these Terms & Conditions, in order to be binding, must be in writing and signed by an authorized officer of the Company. Any deviation(s) by the Company from the Terms & Conditions with one Ambassador does not waive the Company’s right to enforce any such provision(s) with that same Ambassador or any other Ambassador.

By continuing to be a Brand Rep after any update to the Terms & Conditions is first displayed online, you are agreeing to the updated Terms & Conditions. Although not required to do so, the Company may email various notices to Brand Reps, including, but not limited to, notice of updates to the Terms & Conditions. If you unsubscribe from the Company’s email list, you will not receive any such notices. However, each and every Brand Rep is subject to the updated Terms & Conditions as of the date first displayed online, regardless of whether the Company sends or the Brand Rep receives notice thereof.

Ambassador Agreement

By signing up to be an Ambassador, you acknowledge that you have read and understand and consent to abide and be bound by the Contract, these Terms & Conditions, and any subsequent amendments. The Company may amend any part of the Terms & Conditions from time to time. Notice of any amendment will be published at www.pinkbrandreps.com. It is the responsibility of all Ambassadors to regularly review the most recently published Terms & Conditions, located at www.pinkbrandreps.com or other Company websites. The Company will also provide a copy of its most current Contract upon the Ambassador’s request.

 

Online Only Relationship

You are an internet-based “Online Ambassador” only. Do not conduct any physical marketing or business in your City, County, Region or State. Your online audience should be a broad audience across the United States and should not target any specific City, County, Region or State.  

 

Becoming an Ambassador

Age of Majority. All Ambassadors must have reached the age of majority, usually eighteen (18) years of age, in the jurisdiction in which they reside. Any Ambassador found to be in violation at present or at the time of sign up is subject to termination.

 

If the Company determines that the Contract contains inaccurate or false information, it may immediately terminate an Ambassador or declare the Contract null and void from its beginning. Further, it is the obligation of the Ambassador to report to the Company, on an ongoing basis, any changes which affect the accuracy of the Contract.

 

Term

The Contract shall continue until terminated by either you or the Company. The Company has the right to terminate the Contract for any reason at any time. You have the right to terminate the Contract for any reason at any time. The Company may terminate this Contract by sending a text or email to the phone number or email address you have provided. Such termination shall be effective upon transmission regardless of whether you receive the text or email.

 

Communication from The Pink Buffalo

You have provided the Company with your contact information. You agree to receive communication from the Company via text message, email and any other communication methods. You certify that for the phone number and email that you provided: A) you are the account holder and consent to enroll or have account holder's consent to enroll and B) you are age 18 or older.  We use a subscription service to send this communication. There is no charge for this service, but your service provider's message and data rates may apply. The texts will be sent via automated technology.

 

Obligations of an Ambassador

1. Compliance. An Ambassador shall comply at all times with the Contract and most recent Terms & Conditions, as well as local, state, and country laws.

2. Independent Contractor. An Ambassador is an independent contractor and is responsible for his or her own expenses, decisions, taxes, actions, and verbal and/or written statements.

3. An Ambassador shall not represent himself or herself as an agent, employee, partner, or joint venture with the Company. An Ambassador shall not make purchases or enter into any transactions or contracts in the Company’s name.

4. An Ambassador’s work hours, business expenditures, and business plans are not dictated by the Company. An Ambassador shall make no printed or verbal representations, which state or imply otherwise.

5. An Ambassador is fully responsible for all of his or her actions and all verbal and/or written statements which are not expressly contained in official Company materials. The Ambassador agrees to indemnify the Company against all claims, actions, lawsuits, damages, or other expenses, including attorneys’ fees, arising from any actions taken and any verbal and/or written statements made by the Ambassador that are outside the scope of the Contract. This provision shall survive the termination of the Contract.

6. Payment: You will be paid as an independent contractor (you will not be an employee of The Pink Buffalo). You will receive 10% commission on each sale (excluding sales taxes) that is generated with your personal coupon code. If someone does not use your 10% off code at checkout, you will not receive any commission on that sale. We are unable to apply coupon codes to customers after the order is placed.

7. Taxes: The Pink Buffalo will not withhold any income or FICA taxes from any payments to you. You are responsible for paying all applicable state, federal, and local income taxes (this is a standard practice for all independent contractors). If you make more than the IRS threshold (currently $600 per year), then we will send you a 1099-MISC.

8. Insurance: The Pink Buffalo does not provide workman's compensation or unemployment insurance.

9. Benefits: You are not eligible for and have no claim to medical benefits, profit sharing, vacation pay, sick pay, retirement plans, or any other benefits.

10. Content: We are allowed to share/use any of the pictures that you post related to The Pink Buffalo on our social media platforms or on our website.

11. Don’t Do’s: Do not post your coupon code in the comments section of our social media posts. This is not fair to the other Ambassadors that you grab sales off the main page.

 

Use of “Pink Buffalo Independent Ambassador” in Advertising

If an Ambassador selects a business title, the title must clearly state that the Ambassador is a “Pink Buffalo Independent Ambassador.” An Ambassador’s title may not imply that the Ambassador is an employee or agent of the Company. Each time the Company’s logo or name is used in writing and in relation to the Ambassador, the Ambassador must identify herself or himself as a “Pink Buffalo Independent Ambassador.”

APPENDIX A
The following defined terms apply throughout the Contract:

Ambassador: A person currently authorized by the Company to operate an Ambassadorship.

Company: The Pink Buffalo LLC, an Arkansas limited liability company, or any lawful assignee, successor, subsidiary, or affiliate regardless of geographic location.

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