Conditions of Use
Welcome to our online store! PALOMAR ENGINEERS, INC. and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully. ?
PRIVACY
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit PALOMAR ENGINEERS, INC. or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of PALOMAR ENGINEERS, INC. or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of PALOMAR ENGINEERS, INC., with copyright authorship for this collection by PALOMAR ENGINEERS, INC., and protected by international copyright laws.
Copyright Infringement and DMCA Policy. If you believe that material located on or linked to by Palomar-Engineers.com violates your copyright, you are encouraged to notify PALOMAR ENGINEERS, INC. in accordance with the Digital Millennium Copyright Act (“DMCA”). PALOMAR ENGINEERS, INC. will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
TRADE MARKS
PALOMAR ENGINEERS, INC.s trademarks and trade dress may not be used in connection with any product or service that is not PALOMAR ENGINEERS, INC.s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PALOMAR ENGINEERS, INC.. All other trademarks not owned by PALOMAR ENGINEERS, INC. or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PALOMAR ENGINEERS, INC. or its subsidiaries.
INTELLECTUAL PROPERTY
This Agreement does not transfer from PALOMAR ENGINEERS, INC. to you any PALOMAR ENGINEERS, INC. or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with PALOMAR ENGINEERS, INC. PALOMAR ENGINEERS, INC. the PALOMAR ENGINEERS, INC. logo, and all other trademarks, service marks, graphics and logos used in connection with Palomar-Engineers.com, or the Website are trademarks or registered trademarks of PALOMAR ENGINEERS, INC. or PALOMAR ENGINEERS, INC.s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any PALOMAR ENGINEERS, INC. or third-party trademarks.
CHANGES
PALOMAR ENGINEERS, INC. reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. PALOMAR ENGINEERS, INC. may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
LICENSE AND SITE ACCESS
PALOMAR ENGINEERS, INC. grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of PALOMAR ENGINEERS, INC.. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of PALOMAR ENGINEERS, INC.. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PALOMAR ENGINEERS, INC. and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing PALOMAR ENGINEERS, INC.s name or trademarks without the express written consent of PALOMAR ENGINEERS, INC.. Any unauthorized use terminates the permission or license granted by PALOMAR ENGINEERS, INC.. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of PALOMAR ENGINEERS, INC. so long as the link does not portray PALOMAR ENGINEERS, INC., its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any PALOMAR ENGINEERS, INC. logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you create a customer account on the PALOMAR ENGINEERS, INC. website (https://palomar-engineers.com), you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You must immediately notify PALOMAR ENGINEERS, INC. of any unauthorized uses of your account or any other breaches of security. PALOMAR ENGINEERS, INC. will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. If you are under 18, you may use our website only with involvement of a parent or guardian. PALOMAR ENGINEERS, INC. and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. PALOMAR ENGINEERS, INC. reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant PALOMAR ENGINEERS, INC. and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant PALOMAR ENGINEERS, INC. and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify PALOMAR ENGINEERS, INC. or its associates for all claims resulting from content you supply. PALOMAR ENGINEERS, INC. has the right but not the obligation to monitor and edit or remove any activity or content. PALOMAR ENGINEERS, INC. takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from PALOMAR ENGINEERS, INC. are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Loss of package in countries outside of the United States is the responsibility of the BUYER.
PRODUCT DESCRIPTIONS
PALOMAR ENGINEERS, INC. and its associates attempt to be as accurate as possible. However, PALOMAR ENGINEERS, INC. does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by PALOMAR ENGINEERS, INC. itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY PALOMAR ENGINEERS, INC. ON AN “AS IS” AND “AS AVAILABLE” BASIS. PALOMAR ENGINEERS, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PALOMAR ENGINEERS, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PALOMAR ENGINEERS, INC. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM PALOMAR ENGINEERS, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PALOMAR ENGINEERS, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
LIMITATION OF LIABILITY
In no event will PALOMAR ENGINEERS, INC., its officers and employees, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use or loss or corruption of data. PALOMAR ENGINEERS, INC. , its officers and employees, shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
APPLICABLE LAW
By visiting PALOMAR ENGINEERS, INC., you agree that the laws of the state of CALIFORNIA, USA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and PALOMAR ENGINEERS, INC. or its associates.
GENERAL REPRESENTATION and WARRANTY
You represent and warrant that (i) your use of the Website will be in strict accordance with the PALOMAR ENGINEERS, INC. Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data or products exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
INDEMNIFICATION
You agree to indemnify and hold harmless PALOMAR ENGINEERS, INC., its officers and employees, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including damages and attorneys’ fees, arising out of your use of the Website and/or PALOMAR ENGINEERS, INC. products, including but not limited to your violation of this Agreement.
DISPUTES
Any dispute relating in any way to your visit to PALOMAR ENGINEERS, INC. or to products you purchase through PALOMAR ENGINEERS, INC. shall be submitted to confidential arbitration in CALIFORNIA, USA, except that, to the extent you have in any manner violated or threatened to violate PALOMAR ENGINEERS, INC.s intellectual property rights, PALOMAR ENGINEERS, INC. may seek injunctive or other appropriate relief in any state or federal court in the state of CALIFORNIA, USA, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall 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 shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to PALOMAR ENGINEERS, INC.. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. 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.
MISCELLANEOUS
This Agreement constitutes the entire agreement between PALOMAR ENGINEERS, INC. and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of PALOMAR ENGINEERS, INC., or by the posting by PALOMAR ENGINEERS, INC. of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; PALOMAR ENGINEERS, INC. may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
QUESTIONS:
Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the “Contact Us” link in the side menu. Or you can email us at: sales@PALOMAR-ENGINEERS.COM