TERMS OF SERVICE

Terms of Service

Effective Date: June 1, 2023

Introduction

Welcome to PNOY STORE LLC, we operate a network of websites and a mobile application serving multiple cities in the United States. By visiting our website, using our mobile app, and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to these Terms of Service (hereafter referred to as the "Terms"), along with the terms and conditions as stated in our Privacy Policy or other documents or articles from our website or mobile app, which is incorporated herein by reference.

Section 1. Modification

We reserve the right to change the Terms from time to time without notice to you. You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified Terms.

Section 2. Acceptable Use

By visiting our websites and mobile application and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter, referred to as "Services"), you agree to use these Services only for the purposes intended as permitted by (a) the Terms, and (b) all applicable laws, regulations, and generally accepted online practices or guidelines. In addition:

  1. You Provide Information to Pnoy Store LLC. In order to access our Services, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Services. You agree that any information you provide will always be accurate, correct, and up to date.
  2. Your Account Login. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Services. Accordingly, you are responsible for all activities that occur under your account(s).
  3. Accessing Our Services. Accessing (or attempting to access) any of our Services by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Services through any automated, unethical or unconventional means.
  4. Do Not Interfere with or Disrupt Our Services. Engaging in any activity that disrupts or interferes with our Services, including the servers and/or networks to which our Services are located or connected, is strictly prohibited.
  5. Additional Prohibitions. Attempting to or engaging in an act to copy, duplicate, reproduce, sell, trade, scrape, reverse engineer, or resell our Services is strictly prohibited.
  6. Your Unauthorized Activities Have Consequences. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
  7. User-Generated Content. Pnoy Store LLC may provide various open communication tools on our websites and mobile application, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our websites and mobile application, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
    1. is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language.
    2. infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party.
    3. contains any type of unauthorized or unsolicited advertising.
    4. impersonates any person or entity, including any Pnoy Store LLC employees or representatives.

Section 3. Customer Experience & Restrictions

  1. Placing an Order. Orders must be confirmed before the cutoff time. Available delivery dates and delivery fees will be shown during the ordering process. You may modify or cancel orders via the "Order Detail or Cart" section before the cutoff time, or by contacting our Customer Service Department at staff@pnoystore.com .
  2. Price. The prices displayed through our website may differ from the prices offered by other sellers for the same products and may not be the lowest prices available. Pnoy Store LLC reserves the right to change prices at any time, and to limit your order or the quantity of a product you may order. If certain products are not priced correctly, we may cancel orders for the products. We will contact you immediately and will issue you a refund for the products.
  3. Availability. To provide you the freshest products, we receive goods every day, and products are prepared and packed close to delivery time. On occasion, we may experience disruptions in our supply chain including shortages and quality control concerns. As a result, certain products may become unavailable immediately before the scheduled delivery date. In such circumstances, you'll receive a system notification, and see the unavailable item marked as "Out of Stock" on the invoice. However, in the case of missing items that occur during the delivery or transit Pnoy Store LLC is not going to be held liable and we are not going to issue replacements and/or refunds for those missing items. You can contact  staff@pnoystore.com for real time updates of items that are available.
  4. Availability (Marketplace). Pnoy Store Marketplace (Marketplace) display products offered by our suppliers. Pnoy Store does not have direct control over the supply and availability of products offered by our suppliers. As a result, certain products become unavailable immediately before the scheduled delivery date. In such event, those products will appear as “Out of Stock” and your cart will be updated in real time and you will be notified of the item/items that is/are out of stock.
  5. Cancellations. Before the cutoff time which is 48 hours, you may cancel orders via the "My Account" section. We will charge a fee for cancellations made after the cutoff time. The cancellation fee equals the total amount of the restaurant food and any other items that cannot be resold due to the late cancellation.
  6. Payments. Payments for products or services on Pnoy Store LLC may be made through an authorized and unexpired payment card. Pnoy Store LLC reserves the right to cancel or amend any order in the event of an expired, fraudulent, or otherwise suspicious payment method.
  7. Account Suspension. Pnoy Store LLC reserves the right to close or suspend any account in the event that the account is associated with an expired, fraudulent, or otherwise suspicious payment method, and any abusive use of our Services, or violation of breach of these Terms.
  8. Delivery of Marketplace Products. Marketplace Products are products purchased through the Marketplace, whether alcohol, non-alcoholic, or otherwise. Marketplace Products will be delivered through a third-party courier unaffiliated with Pnoy Store LLC. These couriers have a direct relationship with the suppliers. The range for delivery time shall be provided to you at checkout. A tracking link will be sent to an email account designated by you to track the status of the delivery. Based on the type of courier, your presence to accept the Products may or may not be required. Pnoy Store LLC’s sole responsibility with respect to the delivery of Products shall be to communicate with the suppliers to deliver the Product(s), or in the event that the Product is not delivered, providing a refund to you after reasonable investigation. Notwithstanding the foregoing, Pnoy Store LLC disclaims any liability for any damages to the Product during delivery. In any such event, you agree to contact the courier directly. In the event, that you input the wrong address and the Product is successfully delivered to that address, you are responsible for that shipment without refund. Please be careful and input the correct address in each order.
    • Delivery Delays. In the event of severe traffic, accidents, weather, or other matters that may cause a material delay to delivery, please review the tracking link.
    • Delivery Fees & Gratuities. The fees for delivery shall be as provided on our website. This fee may include assessments for special handling concerns or other costs for your order. This is not a gratuity for delivery personnel.
    • Package Theft. In the event of theft of the Product before or after delivery, you will need to reach out to the courier to discuss remedies. Pnoy Store LLC disclaims responsibility or liability of any such theft.
    • Delivery Temperature Controls. For certain perishable products, we recommend that you, upon receipt, refrigerate or freeze such products as soon as you receive the order. Some minimal degree of melt or thawing may occur depending on the temperature and conditions of your delivery address.
  9. Delivery of Non-Alcoholic Products. We do not require your presence for delivery of non-alcoholic products. We will deliver to the address you designate and will leave the package at your door, yard, locker, mailroom, or leasing office. Our delivery personnel follow a designated route and cannot stop to inspect, verify, redirect, delay, or adjust your delivery. In the event we are unable to deliver your package (e.g., incorrect address/missing apartment number, building, floor, or unit number; no access code, call box number, or buzzer information; no safe drop-off place to protect the package from theft or bad weather) we will attempt to contact you. If we agree on an alternate location and/or time for the re-delivery, a redelivery fee may apply. If we can't reach you after multiple attempts, or if we are unable to re-deliver the order for any reason, the order will be canceled resulting in a cancellation fee charged to you. In the event you input the wrong address and we successfully deliver to the provided address, you are responsible for that shipment without refund. Please be careful and input the correct address into each order.
    • Delivery Time. We make every effort to deliver on the day you select. If for any reason, we are unable to deliver on the day you select, we may contact you to reschedule your delivery at our cost. At this time, we are unable to confirm a specific delivery time or window due to overwhelming demand. For restaurant dinner deliveries, we make every effort to deliver before a stated deadline noted on our product page.
    • Delivery Delays. In the event of severe traffic, accidents, weather, or other matters that may cause a material delay to deliver, we will contact you with an update via text and/or email.
    • Delivery Fees & Gratuities. We reserve the right to add a delivery fee in the event of redelivery, special handling concerns, or other costs for your order. This is not a gratuity for delivery personnel. If you wish, you may also give the delivery driver a gratuity.
    • Package Theft. You will be solely responsible for the products left at your delivery address. Pnoy Store LLC will not offer refunds for any theft claims.
    • Delivery Temperature Controls. We do our best to keep all of our products at or beyond the minimum recommended or required temperature thresholds. Upon receipt, we recommend you refrigerate or freeze perishable products as soon as you receive the order. Some minimal degree of melt or thawing may occur depending on the temperature and conditions of your delivery address.
    • Offering. Mail-Order products may include various offerings, including seasonal and dry items. Mail-Order products may also include frozen or refrigerated items ("Cold Chain Product"). A Cold Chain Product will be identified as "cold pack required" on the product description page or checkout page and delivered through extra packaging to stay cold during transit.
    • Delivery Dates. Delivery will be made Monday – Friday for most addresses, provided that some addresses may be excluded from delivery on Mondays. We will endeavor to have deliveries made on the scheduled delivery date as provided on your account.
    • Delivery Time. Delivery time may vary as we are utilizing a third-party courier.
    • Delivery Fees & Gratuities. These fees are cumulative based on the Products and aggregate retail-value of deliveries in a single day. We reserve the right to add additional delivery fee in the event of redelivery, special handling concerns, or other costs for your order. This is not a gratuity for delivery personnel. If you wish, you may also give the delivery driver a gratuity.
  10. Delivery of Alcoholic Products. We require the presence of an individual 21 years of age or older to deliver alcohol. The recipient must also present a non-expired valid government-issued photo ID showing his or her birthdate, picture, and expiration date at the time of delivery. We will deliver to the address you designate. Our delivery personnel follow a designated route and cannot stop to inspect, verify, redirect, delay, or adjust your delivery. In the event we are unable to deliver your package (e.g., incorrect address/missing apartment number, building, floor, or unit number; no access code, call box number, or buzzer information; no individual to receive package; no individual with a valid government-issued photo ID) we will attempt to contact you. If we agree on an alternate location and/or time for the re-delivery, a redelivery fee may apply. If we can't reach you after multiple attempts, or if we are unable to re-deliver the order for any reason, the order will be canceled and returned to our warehouse and we may charge you a cancellation fee. In the event you input the wrong address and we successfully deliver to that address, you are responsible for that shipment without refund. Please be careful and input the correct address into each order.
    • Delivery Delays. In the event of severe traffic, accidents, weather, or other matters that may cause a material delay to deliver, we will contact you with an update via text and/or email.
    • Delivery Fees & Gratuities. We reserve the right to add a delivery fee in the event of redelivery, special handling concerns, or other costs for your order. This is not a gratuity for delivery personnel. If you wish, you may also give the delivery driver a gratuity.
  11. Your Orders. You will receive a text message and/or email with a link to your invoice when your order is delivered. You may access your orders through your account in the "My Account" section. If you order through the Marketplace, you will receive an email with a tracking link that shows the status of the delivery.
  12. Returns & Refunds. Due to the COVID-19 Pandemic in 2020 and the nature of our products (perishable products) Pnoy Store LLC can no longer provide returns and refunds to prevent any transmission of viruses. In other words, ALL SALES ARE FINAL.
  13. Restaurant To-Go Orders. Customers can choose their own entrees from a pre-selected menu of items from one of Pnoy Store LLC restaurant partners ("Restaurant To-Go Orders") in offered jurisdictions. Restaurant To-Go Orders are subject to these additional terms and conditions, which are subject to change from time to time:
    • Availability. Restaurant To-Go Orders are available daily in limited quantities from restaurants selected by Pnoy Store LLC.
    • Delivery. Customers may request Restaurant To-Go Orders to be delivered instead of picked up.
      1. On-Demand Delivery Time ("RTG On-Demand"). Restaurant To-Go Orders will be delivered on the same day that you place your order as provided on the platform after you place your order. Delivery time is an estimate and any instructions or maps shown to you is not a guarantee of the exact time of delivery due to traffic conditions or other circumstances.
      2. Scheduled Delivery Time ("RTG Schedule"). Restaurant To-Go Orders will be delivered for lunch orders or dinner orders. Delivery time for lunch orders will likely be between 9:00 AM to 1:30 PM, and delivery time for dinner orders will likely be between 2:30 PM to 7:30 PM; however, delivery time will ultimately be determined by availability and is not guaranteed due to traffic conditions or other unforeseen circumstances.
      3. Delivery Fees. Restaurant To-Go Orders under $55 are subject to a $9.95 delivery charge. Restaurant To-Go Orders are delivered free of charge if the total value exceeds $55 from one or each restaurant. However, depending on your delivery area determined by zip code, some Restaurant To-Go Orders in the Jersey City area are delivered free of charge only if the total value exceeds $86 from one or each restaurant.
        1. NOTE: Restaurant To-Go Orders from each separate restaurant are delivered separately and have their own free delivery minimum.
      4. On-Demand Delivery Service Fee. You will be charged a service fee of 10% of the total cost of the items (excluding tax).
      5. On-Demand Delivery Order Cut-Off. Restaurant To-Go Orders for On-Demand Delivery Time may not be cancelled or adjusted after the restaurant has confirmed the order.
      6. Scheduled Delivery Order Cut-Off. Restaurant To-Go Orders for Scheduled Delivery Time may not be cancelled or adjusted after a certain time before the delivery date as provided below:
        1. Northern New Jersey area lunch order: 8:00 PM the day before the delivery date.
        2. Northern New Jersey area dinner order: 3:00 PM the day before the delivery date.
        3. New York are lunch order 8:00 PM the day before delivery date.
        4. New York area dinner order: 3:00 PM the day before the delivery date.
    • Pickup. Customers may request to pick up Restaurant To-Go Orders instead of being delivered.
      1. Pickup Time. Customers will be provided a 30-minute or an hour window (for a different day pickup) or (b) an ETA for pickup (for same-day pickup) to pick up the order at the restaurant (the "Pickup Window") depending on availability from the restaurant. Customers who do not cancel the Restaurant To-Go Order based on the applicable Pickup Order Cut-Off time or do not pick up the order based on the chosen Pickup Window are not eligible for refund.
      2. Pickup Fees. Customers will not be charged any additional fees for choosing pickup for Restaurant To-Go Orders.
      3. Pickup Order Cut-Off. Restaurant To-Go Orders for scheduled pickup may not be cancelled or adjusted after 10:00 AM of the pickup. Restaurant To-Go Orders for same-day pickup may not be cancelled or adjusted after the restaurant has confirmed the order.
    • No Combination with Other Orders. Restaurant To-Go Orders are ordered and delivered separately from restaurant partners and cannot be combined with any other orders (e.g., grocery, other bundle orders).
    • Coupons. Coupons can be applied to Restaurant To-Go Orders but may not be combined with any other promotions or discounts.
  14. Hot Dish Bundles. Customers can choose pre-selected entree bundles with no substitutions from one of Pnoy Store LLC restaurant partners ("Hot Dish Bundles"). Hot Dish Bundles are subject to these additional terms and conditions, which are subject to change from time to time:
    • Availability. Hot Dish Bundles are available daily in limited quantities from restaurants selected by Pnoy Store LLC.
    • Delivery. Hot Dish Bundles will be delivered between the hours of 3:00 PM to 6:30 PM.
    • Delivery Fees. Hot Dish Bundles under $55 are subject to a $9.95 delivery charge. Hot Dish Bundles are delivered free of charge if the total value exceeds $100. However, depending on your delivery area determined by zip code, some Hot Dish Bundles in the Jersey City Area are delivered free of charge only if the total value exceeds $68.
    • Delivery Order Cut-Off. Hot Dish Bundles may not be cancelled or adjusted after 1:00 PM the day before the delivery date.
    • No Combination with Other Orders. Hot Dish Bundles are ordered and delivered separately from restaurant partners and cannot be combined with any other orders (e.g., grocery, other bundle orders).
    • Coupons. Coupons can be applied to Hot Dish Bundles but may not be combined with any other promotions or discounts.
  15. Deli Bundles. Customers can choose pre-selected refrigerated or frozen product bundles in the form of cold restaurant food, raw seafood, or desserts ("Deli Bundles"). Deli Bundles are subject to these additional terms and conditions, which are subject to change from time to time:
    • Availability. Deli Bundles are available daily in limited quantities from restaurants selected by Pnoy Store LLC.
    • Delivery. Deli Bundles will be delivered between the hours of 9:30 AM to 8:00 PM.
    • Delivery Fees. Deli Bundles under $55 are subject to a $9.50 delivery charge. Deli Bundles are delivered free of charge if the total value exceeds $55. However, depending on your delivery area determined by zip code, some Deli Bundles in the Jersey City Area are delivered free of charge only if the total value exceeds $68.
    • Delivery Order Cut-Off. Deli Bundles may not be cancelled or adjusted after 1:00 PM the day before the delivery date.
    • No Combination with Other Orders. Deli Bundles are ordered and delivered separately from and cannot be combined with any other orders (e.g., grocery, other bundle orders).
    • Coupons. Coupons can be applied to Deli Bundles but may not be combined with any other promotions or discounts.
    • Fresh Seafood Deliveries. Upon delivery, raw seafood is guaranteed to be fresh, not live. Seafood advertised as "live" is always packed alive at the point of shipment but in some cases, may not remain alive upon or after delivery.

 

Section 4. Promotions & Discounts

Pnoy Store LLC, at its sole discretion, reserves the right to offer promotions and discounts with different features and different rates to our users, and may modify, suspend, terminate, or cancel any promotions or discounts at any time without notice and for any or no reason. A promotion or discount cannot be transferred or resold, cannot be used for non-qualifying or past orders, may be limited to specific products, may be subject to additional terms and conditions, and may be limited or rescinded. Only 1 coupon can be used per order per person.

Abuse of any promotion or discount, including the use of multiple accounts associated with the same customer or group of customers, is a violation of our policy, and will result in order cancellation in addition to suspension or termination of the account. For example, if Pnoy Store LLC finds that users are creating duplicate accounts to use limited promotions or coupons multiple times, Pnoy Store LLC reserves the right to cancel or void the order and close the customer’s account.

Promotions and discounts do not apply to purchases from the Marketplace unless the terms of such promotion and discount explicitly state that it applies.

Section 5. Third-Parties

Pnoy Store LLC may allow you to purchase, receive, or use products, content, information, offers, and services from certain third parties. When Pnoy Store LLC makes these third-party services or products available or partners with them on advertising campaigns, Pnoy Store LLC acts only as the link between you and such third-parties and should not be interpreted as an endorsement. Except as provided herein with respect to the Marketplace, you agree that Pnoy Store LLC does not assume responsibility and will have no liability for the purchase, payment, warranty, delivery, or maintenance, and refunds of any of these third-party products or services.

Section 6. Push Notifications, Telephone Calls, and Text Messages

You agree that Pnoy Store LLC may send you sales and marketing communications, such as by email, app-based push notification through the Pnoy Store LLC app, or text messages. You can opt out of receiving Pnoy Store LLC sales and marketing communications at any time by following the unsubscribe instructions in those messages. This will not affect subsequent subscriptions and if your opt-in is limited to certain types of emails, the opt-out will also be limited. Similarly, you can limit your receipt of push notifications by adjusting the settings of your mobile device. You may be given the opportunity to opt in to Pnoy Store LLC message programs which provide updates regarding product and service information/availability, marketing messages, and promotional offers. These marketing messages may be autodialed, prerecorded or promotional and may be delivered via voice or text. You may opt out of receiving text messages at any time by replying "STOP" to the message. You may receive one confirming text. Message and data rates may apply. You may opt out of any voice telephone message program by following the directions provided during the telephone call.

Section 7. Licensing Rights

  1. Pnoy Store LLC Content & Partner Content. Our Services, including the product descriptions, texts, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein, are owned by or licensed to Pnoy Store LLC and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Pnoy Store LLC and our licensors reserve all rights in and to our Services. Pnoy Store LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use our Services for your own personal use; however such license does not include the right to (a) sell or resell any aspect of our Services to any third party or otherwise use our Services for any commercial purposes; (b) copy, reproduce, distribute, publicly perform or publicly display any aspect of the Services, except as expressly permitted by us or our licensors; (c) modify the Services, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services; or (d) use our Services other than for their intended purposes. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and may result in account suspension, termination or civil lawsuit.
  2. User Generated Content. Our Services may allow you and other users to create, post, store or share content, including messages, text, product reviews, photos, videos, audio and other materials (collectively, "User Content"). Except for the license grant below, as between you and Pnoy Store LLC, you retain all rights in and to your User Content. You grant Pnoy Store LLC a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, create derivative works from, distribute, publicly perform and publicly display your User Content, including any name, username or likeness provided in connection with your User Content, via the Services and through all media formats and channels now known or later developed without compensation to you. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason. You represent and warrant that you have all necessary rights to grant us the rights granted under this Section.
  3. Your Feedback. Pnoy Store LLC is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Services, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Services. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.

 

Section 8. Disclaimers

The Services are provided on an "as is" and "as available" basis, without warranties, representations or endorsements of any kind. To the fullest extent permitted under applicable law, Pnoy Store LLC disclaims all warranties of any kind, express, implied, statutory or otherwise (including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, any warranty for information, data, data processing services or uninterrupted access or use). Pnoy Store LLC does not warrant that the Services will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Services will be free of viruses or other harmful components. Pnoy Store LLC does not make any representations or warranties regarding the access or use of, or the results of the use of, the content on the Services (including all descriptions, images, references, features, specifications, information, data, products, and prices/availability of products described or depicted on the Services or services offered through the Services) in terms of its availability, usefulness, completeness, correctness, accuracy, reliability, validity, suitability, timeliness, correct sequencing, or otherwise. Applicable law may not allow the exclusion of implied warranties, so some or all of these disclaimers may not apply to you.

Section 9. Limitation of Liability

To the fullest extent permitted under applicable law, under no circumstances (other than injury to the person in the case of consumer goods) shall Pnoy Store LLC be liable for any consequential, incidental, special, punitive, exemplary, or indirect damages, or any lost profits or lost revenues, resulting from, based on, or arising out of (i) your access or use of, or inability to access or use, the Services; (ii) any transaction conducted through or facilitated by the Services; (iii) any claim attributable to errors, omissions, deficiencies, or other inaccuracies in the Services; (iv) any unauthorized access to, or use, disclosure or alteration of, your transmissions of data including, without limitation, your personal information or payment card information; (v) statements or conduct of any third party on the Services; or (vi) any other matter related to the Services, even if Pnoy Store LLC or a Pnoy Store LLC representative has been advised of the possibility of such damages.

Notwithstanding the foregoing, Pnoy Store LLC's total liability to you (excluding any liability for injury to the person in the case of consumer goods), whether under contract, warranty, tort), product liability, strict liability or any other theory, arising from these Terms or your access to and/or use of the Services for any reason whatsoever shall be limited in the aggregate to the total of all payments you have made to Pnoy Store LLC (if any) during the 30 day period preceding the date of such claim. If you are dissatisfied with any of the Services, or any services provided through any of the Services, your sole and exclusive remedy is to discontinue using the Services.

Section 10. Indemnification

You agree to indemnify and hold harmless Pnoy Store LLC and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such an event, you agree to provide us with such cooperation as is reasonably requested by law and by us.

Section 11. Arbitration Agreement

If you are a Pnoy Store LLC member in the United States (including its possessions and territories), you and Pnoy Store LLC agree that any dispute, claim or controversy arising out of or relating in any way to the Pnoy Store LLC Services, these Terms and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. 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 court. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Pnoy Store LLC are each waiving the right to a trial by jury or to participate in a class action lawsuit. This arbitration provision shall survive termination of this Agreement and the termination of your Pnoy Store LLC membership.

The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the AAA’s office address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.

YOU AND PNOY STORE LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Pnoy Store LLC 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.

Section 12. Governing Law

These Terms and any other matters related to or arising from your use of the Services, shall be governed by and construed in accordance with the laws of the state of New Jersey, without resort to its conflict of law principles.

Section 13. Customer Support

To find more information about our Services, if you need assistance with your account, or have questions about your order, please visit the Pnoy Store LLC Help Center on our website. In the event of any conflict between these Terms and information provided by Customer Service or other portions of our Services, these Terms will take precedence.

Section 14. Survival

If any provision or provisions of these Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

 

 

Section 15. Changes to Terms and Assignment

Pnoy Store LLC may, from time to time, exercises the right to change these Terms. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective three days after posting. Pnoy Store LLC may assign these Terms and any other agreements with you to any affiliated company or to any entity that controls all or substantially all of our businesses or assets related to the applicable Services and/or Pnoy Store LLC.

Section 16. Communication Preferences

We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or payment method, confirmation messages, notices etc.) in electronic form only, to the contact information provided during your account registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Section 17. Dissolution of Company or Mergers & Acquisition

Pnoy Store LLC has the right to sell all its assets including data collected in the event of Mergers & Acquisition or even in the event of the dissolution of the company.

Section 18. PNOY STORE LLC RIGHTS

Pnoy Store LLC has the right to sell products on other platforms, thus by using these platforms prices may vary.