TERMS & CONDITIONS

Welcome to the Pacific Minerals Group website.
You accept and agree to these Terms of Use (the “Terms”) when you visit or shop at the Site, whether you access the Site through a personal computer, mobile device or any other technology, so please read the Terms carefully. We may modify the Terms from time to time, effective upon posting to the Site. Your access to or use of the Site at any time constitutes acceptance of the Terms in effect at that time.

Privacy

Our Privacy Policy also governs your access to and use of the Site and information you provide or we collect on or through the Site, and is incorporated into these Terms by reference. Please review the Privacy Policy to learn about information we collect and how we use and disclose such information. The Site is not directed at children, and Pacific Minerals Group will not knowingly collect personally identifiable information from any child under age 13.

Trademarks

Pacific Minerals Group and other names and logos used for Pacific Minerals Group or its products or services are Pacific Minerals Group’ trademarks in the United States and other countries. Pacific Minerals Group’ trademarks may not be used without Pacific Minerals Group’ prior written permission, including, without limitation, for or in connection with any product or service or in any manner that could cause potential confusion among customers or that disparages Pacific Minerals Group or its products or services. Trademarks and trade names on the Site that are not owned by Pacific Minerals Group are the property of third parties, who may or may not be affiliated with Pacific Minerals Group.

Copyright

All content on the Site, including, without limitation, the text, graphics, images, audio, video, logos and icons, and the compilation and layout of content on the Site, is the property of Pacific Minerals Group and protected under United States and international copyright laws. Software used on the Site is the property of Pacific Minerals Group or its software vendors and is protected under United States and international copyright laws.

Access and Use of the Site

Pacific Minerals Group grants you a limited, non-exclusive license to access and use the Site and to download and print a single copy of the Site content solely for your personal, non-commercial use and provided that you do not delete or modify any copyright or other proprietary notice. Any other copying, use, distribution, transmission or modification of the Site’s content, including, without limitation, collection or use of product descriptions or prices, use of data mining or similar tools or framing of any Site content is subject to Pacific Minerals Group’ prior written consent. You may link to the Site for non-commercial purposes only or as otherwise specifically agreed in writing by Pacific Minerals Group, provided that such link does not disparage or defame Pacific Minerals Group or its products or services, and that you remove any such link upon demand by Pacific Minerals Group. You agree not to use the Site in any manner that would (a) adversely affect the Site’s resources or the availability of the Site to others; (b) violate any local, state, national or international law; or (c) delete or modify any content on the Site. Pacific Minerals Group does not sell products to children, but to adults who can make purchases with a credit card or other permitted method of payment. If you are under 18, you may access and use the Site only under the supervision of a parent or guardian.

Submissions

Product reviews, comments and other content posted or submitted by you or third parties (“Submissions”) may be available on or through the Site. You acknowledge that such third party Submissions are not endorsed by Pacific Minerals Group and do not reflect the opinion, recommendation or advice of Pacific Minerals Group in any manner, and agree that Pacific Minerals Group is not responsible for, and has no liability in connection with, the Submissions. If you believe that any content on the Site violates these Terms, any law or any right of a third party, let us know.

You agree that any Submissions you provide will not be illegal, obscene, invasive of privacy, threatening, defamatory, infringe any copyright, trademark or other proprietary right or contain any virus, corrupt data, advertisement or other commercial solicitation or “spam.” You also agree not to use any false e-mail address, impersonate any person or otherwise mislead as to the origin of any Submission.

You grant Pacific Minerals Group an irrevocable, worldwide, nonexclusive, royalty-free, perpetual and fully sub-licensable and transferable right, but not the obligation, to (a) use, distribute, display, modify and otherwise use any Submissions you post or submit, in any media now known or hereafter developed; and (b) use the name and any other personal information that you post or submit in connection with a Submission, in Pacific Minerals Group’ discretion.
You warrant that you own or control all of the rights in and to your Submissions and that use of your Submissions does not violate these Terms and will not cause damage or injury to any person or entity. You agree to indemnify Pacific Minerals Group for all claims resulting from or in connection with your Submissions.

Pacific Minerals Group has the right, but not the obligation, to monitor and modify or remove any content or materials on the Site. Pacific Minerals Group is not responsible for, and assumes no liability for, any Submissions or other content posted by you or any third party.

Electronic Communication

By accessing or visiting the Site, registering for the Pacific Minerals Group newsletter, sending an e-mail to Pacific Minerals Group or otherwise communicating with Pacific Minerals Group through the Site, you are communicating with Pacific Minerals Group electronically, and you agree to receive electronic communication from Pacific Minerals Group, by e-mail and by posting to the Site. You agree that any electronic communication from Pacific Minerals Group satisfies any legal requirements that such communication must be in writing. You also agree that any communications or materials that you provide to Pacific Minerals Group or the Site, by posting to the Site, e-mail or otherwise, are and will be treated as non-confidential and non-proprietary and that Pacific Minerals Group shall have the perpetual, royalty-free, worldwide right, but not the obligation, to copy, disclose, transmit, publish, modify and otherwise use anything you post or transmit.

Copyright Complaints

If you believe any content on the Site infringes your copyright interest, please provide the Pacific Minerals Group Copyright Agent with the following information in writing:
A description of the copyrighted work that you believe is infringed, including an assertion that you either own such copyright interest, or are the authorized agent of the owner.
A description of where the allegedly infringing content is located on the Site.
Your address, telephone number and e-mail address.
Your statement that you have a good-faith belief that the use of the identified content is not authorized by the copyright owner, its agent or by law.
Your statement, made under penalty of perjury, that all information provided by you in the notice is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

Pacific Minerals Group’ Copyright Agent for notices of claims of infringement on the Site can be reached as follows:
Pacific Minerals Group, LLC
55515 Dunn Road
Baker, CA 92309

Products

Pacific Minerals Group uses reasonable efforts to ensure that product descriptions are accurate and complete. However, Pacific Minerals Group does not warrant that any product description or other content on the Site is accurate, complete, current or without error. If a product is not as described on the Site, your sole remedy is to return the product in an unused, undamaged condition.

Links

The Site may include links to sites owned or operated by third parties. Links are provided as a convenience to visitors and do not constitute an endorsement of any third-party site, product or service or indicate any affiliation with the owner or operator of such sites. Pacific Minerals Group is not responsible for the content of any third-party site or for the practices of its owner or operator.

Disclaimer of Warranties/Limitation of Liability

THE SITE AND ALL CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PACIFIC MINERALS GROUP DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE IS MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE OR ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PACIFIC MINERALS GROUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT-ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PACIFIC MINERALS GROUP DOES NOT WARRANT THAT THE SITE OR THE CONTENT, PRODUCTS OR SERVICES ON OR MADE AVAILABLE THROUGH THE SITE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT WILL PACIFIC MINERALS GROUP BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, ITS SOFTWARE OR CONTENT OR ANY OTHER MATTER RELATING TO THE SITE OR CONTENT, EVEN IF PACIFIC MINERALS GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
BECAUSE SOME STATES DO NOT ALLOW LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, Protech Mineral’s LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

General

The Site is controlled and operated by Pacific Minerals Group, LLC from its headquarters in Victorville, CA, USA. Pacific Minerals Group makes no representation that any content on the Site is appropriate or available for use in other locations. You are solely responsible for ensuring that your access to and use of the Site complies with all applicable laws of your jurisdiction. Pacific Minerals Group reserves the right, in its sole discretion, to terminate your access to the Site, or to discontinue the Site, in whole or in part, at any time and without notice.

These Terms, as they may be amended from time to time, set forth the entire understanding of you and Pacific Minerals Group as to the subject matter hereof. If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid or unenforceable, the remainder of the Terms shall remain in full force and effect and all provisions shall be enforced to the fullest extent permitted by law. Any waiver of any provision of these Terms must be in writing and shall not constitute a continuing waiver or a waiver of any other provision. A printed version of these Terms and of any notice given in electronic form shall be admissible in arbitration or in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Dispute Resolution & Applicable Law

In the event that our Customer Service team is unable to resolve your concern, any disputes arising out of your purchase or these Terms will be resolved entirely through binding individual arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to this agreement.

Note: There is no judge or jury in arbitration, no class action, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow these Terms as a court would.
We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA OR JAMS RULES AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR PACIFIC MINERALS GROUP WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Applicable Law

The law applicable to the interpretation and construction of these Terms shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of California, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to purchases, including all disputes, will be governed by the laws of the United States and by the laws of the State of California.

General Terms

We reserve the right to make changes to these Terms at any time and will provide notice of such changes if or as required by law. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.