Terms of Service

Pretty Girl Certified® (“We” or “PGC) is the operator of the website www.prettygirlCertified.com (the “Website”).  This Agreement governs your use of the any platform of PGC and your purchase of any products from Pretty Girl Certified® (the “Products”).  

The Website and Products are offered subject to your acceptance of these Terms and Conditions (“Terms” or “Agreement”).  These Terms constitute a legally binding agreement between you and Pretty Girl Certified, and you should read them carefully. By agreeing to these Terms, you also agree to the Pretty Girl Certified® Privacy Policy, Online Return Policy and Shipping Policy, each of which is reference herein. 

User Obligations

By accessing and/or using the Website, you represent that you are at least eighteen (18) years old or the legal age of majority, whichever is greater, and you are agreeing to these Terms. You also agree to abide by all applicable local, state, and national laws and regulations with respect to your use of the Website. You further represent you shall at all times provide true, accurate, current, and complete information (and updates thereto) when submitting information to Pretty Girl Certified through the Website.  You shall only use the Website as permitted by this Agreement, and you shall not use the Website or the Content for any commercial, political, obscene, illegal, or inappropriate purpose. Pretty Girl Certified reserves the right, in its sole discretion, to terminate your access to the Website for any or no reason. If you register for an account on the Website, you may be required to designate an email address and password, and there may be additional requirements as designated by Pretty Girl Certified® from time to time.  You accept all responsibility concerning your use of the Website, including all activity occurring through your password (and related account access).  You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.

 

 

Purchases through the Website

All purchases made through the website are subject to approval. We may refuse to accept or may cancel any transaction, in our sole discretion, and without liability to you or any third party.  Pretty Girl Certified expressly conditions its acceptance of your order on your agreement to these Terms, and to all additional terms and conditions that are provided to you on the Website that govern your purchase of products.  By ordering Products through the Website, you agree to provide complete and true information required. Pretty Girl Certified reserves the right without prior notice to discontinue or change specifications and prices on Products offered on and outside of the site.  Prices and availability are subject to change without prior notice, and Pretty Girl Certified reserves the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law ). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend, or terminate an event, or promotion at any time without notice (including after an order has been submitted and/or acknowledged).

PGC wants you to be pleased with your purchases from us. If you wish to return a product, please review our Online Return Policy.

 

Sales Tax

Pretty Girl Certified honors each state's guidelines concerning sales and use tax, determined by the destination address of your shipment. As you proceed through checkout and confirm your shipping details, any applicable taxes will be calculated on your total merchandise value.  Additionally, order totals at checkout reflect estimated tax. The actual charge to your payment method will reflect all applicable state, local and county taxes and will be calculated once your order is shipped.

Website Ownership and Content

Proprietary Rights materials including, but not limited to, our logo, images, designs, photographs, videos, audio clips, graphics, button icons, pictures, advertising copy, URLs, and copyrightable material, as well as trademarks, and service marks that belong to either Pretty Girl Certified, its licensors, licensees or other third parties (collectively the “Content”).  The Website and the Content are owned, licensed, or controlled by Pretty Girl Certified, its licensors, and other third parties, and all right, title, interest in and to the Content and the Website are the property of Pretty Girl Certified, its licensors, or certain other third parties and are protected by United States and international copyright, trademark, trade dress, patent or other intellectual property rights and laws to the fullest extent possible.   By using the Website, you are not entitled to and will not receive any ownership or intellectual property or other interest in any item or content on the Website. You agree that Pretty Girl Certified may immediately and, without notice to you, suspend or terminate the availability of the Website, its Content, or the Products without any liability to you or any third party.  

User-Generated Content.

We love to see all your comments, photos and videos. By submitting or uploading your story, comment, photo or video of you, your minor children (“Your Content”) on our website or page, you are authorizing Pretty Girl Certified to use, publish, and otherwise reproduce, modify and distribute Your Content with or without your name or the name of your pet or minor children in perpetuity, worldwide in any and all PGC related media for any lawful purpose. These uses may include, but are not limited to, information, education, promotion or advertising of PGC or its products via the Internet, web sites, mobile apps, and social media. Please do not upload or post any photos or videos of pets other than your own unless you have the owner’s permission. You hereby warrant and covenant that any User-Generated Content you provide does not violate any law or the rights of any third party, and you have full right to grant Pretty Girl Certified the license specified above.

 

Privacy

You understand, acknowledge, and agree that the operation of certain portions of this Website or the receipt of certain information, such as registering or creating an account on this Website, requires the submission, use, and dissemination of certain personally identifiable information.  Please note that by providing your mobile phone number to the Website, you are providing Pretty Girl Certified your electronic signature expressly consenting to be contacted by assist

telephone (including by automated dialing systems, prerecorded messages, SMS and MMS) at the number provided, even if the number you provide is on a corporate, state, or national Do Not Call list.  You understand that your consent is not required to make a purchase.  For a summary of Pretty Girl Certified’s information collection and use.  We do not sell, trade, or share our consumer’s information collected.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THE WEBSITE, AND ALL CONTENT, PRODUCTS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. PRETTY GIRL CERTIFIED DOES NOT WARRANT THAT: (1) THE INFORMATION ON THE WEBSITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THE WEBSITE APP WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL PRETTY GIRL CERTIFIED OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, UNDER ANY CAUSE OF ACTION WHATSOEVER INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OR OTHERWISE, FOR ANY CLAIM, CAUSE OF ACTION, FEE, EXPENSE, COST, OR LOSS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE RETURN POLICY, THE SHIPPING POLICY, THE PRODUCTS, OR YOUR USE OF THE WEBSITE OR ANY PRODUCTS.  NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, THIS DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY DOES NOT APPLY IN NEW JERSEY.

Dispute Resolution by Binding Arbitration and Class Action Waiver

Any dispute relating in any way to your visit to, or use of, the Website, the Products, or any purchase or otherwise related to this Agreement (“Disputes”) shall be submitted to confidential arbitration in Los Angeles, California, USA and shall be governed exclusively by the laws of the State of California, excluding its conflict of law provisions.  If a Dispute arises under this Agreement, you agree to contact us at support@prettygirlCertified. com before formally submitting a Dispute to arbitration, you and Pretty Girl Certified may choose to informally resolve the Dispute.  If any Dispute cannot be resolved informally, you agree that any and all Disputes, other than those filed in small claims court, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you or telephonically. Either you or Pretty Girl Certified may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party.  The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration.  Except as may be required by law as determined by the arbitrator, no party or arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties.  Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of California: (i) any dispute, controversy, or claim relating to or contesting the validity of Pretty Girl Certified’s intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by Pretty Girl Certified against a non-consumer; or (iv) interactions with governmental and regulatory authorities.  You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.

The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement may be joined to an arbitration involving any other party subject to this Agreement, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise.

YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION.  HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.  You shall have thirty (30) days from the date that you purchase a product or provide information to the website to opt-out of this arbitration info@prettygirlCertified.com (email). If more than thirty (30) days have passed from the date that you purchase a product, you are not eligible to opt out of arbitration with respect to claims relating to that product. If more than thirty (30) days have passed from the date that you provide information to the website, you are not eligible to opt out of arbitration with respect to claims relating to the website.

Links to Third Party Websites

Our website contains links to websites owned and operated by third parties. If you use these links you leave our website. These links are provided for your information and convenience only and are not an endorsement by Pretty Girl Certified of the content of such linked websites or third party services. Pretty Girl Certified  expressly disclaims any responsibility and has no control of the content of any linked website and is not responsible for these websites or their content or availability.

Electronic Signatures and Agreements

You acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “PLACE MY ORDER”, “I ACCEPT”, ANY LINK THROUGH WHICH YOU SUBMIT BILLING OR SHIPPING INFORMATION, or such similar links as may be designated by Pretty Girl Certified to accept these terms and conditions, you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”), YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR PRODUCTS OFFERED BY PRETTY GIRL CERTIFIED. Further, you waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non- electronic records, or to payments or the granting of credits by other than electronic means.

California Proposition 65

We make this warning as a result of Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, which requires us to inform citizens in California about exposures to certain chemicals. WARNING: Products sold on this site may contain chemicals known to the State of California to cause cancer, birth defects or other reproductive harm.