Terms of Service

NOTE: This site is located in the United States of America, and U.S. Laws Will Apply

ACCEPTANCE OF TERMS THROUGH USE

By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein. If you do not agree to these Terms of Use ("Terms") please do not use this site. The True Fabrications, Inc. d.b.a. Pinky Up (“Pink Up”) web Site (pinkyuptea.com, pinkyupretail.myshopify.com) ("Sites") reserves the right to change these Terms, and your continued use of the Sites constitutes agreement to all such changes. Please check the Terms periodically for changes.

LICENSE FOR USE OF THIS WEBSITE

All right, title and interest in this Web site and any content contained herein is the exclusive property of Pinky Up, except as otherwise expressly stated to you in writing. Subject to your compliance with these Terms, Pink Up grants you a non-exclusive, non-transferable license to make personal and non-commercial use of the Sites. 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 without express written consent from Pinky Up You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from this Web site, except for the purposes expressly provided herein, without Pinky Up's prior written approval. You may not use any meta tags or any other "hidden text" utilizing Pinky Up's name or trademarks without the express written consent of Pinky Up. Any unauthorized use terminates the permission or license granted by Pinky Up You are granted a limited, revocable, and nonexclusive right to create a hyperlink(s) to the home page(s) of the Sites so long as the link does not portray Pinky Up, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.

Unauthorized use of this Web site and or any Pinky Up systems, including, but not limited to, unauthorized entry into Pinky Up systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use this Web site in any manner that could damage, disable, overburden, or impair any Pinky Up Sites or service or interfere with any other party's use and enjoyment of any Pinky Up Sites or service. You may not attempt to gain unauthorized access to any Pinky Up Sites or service, computer systems or networks connected to any Pinky Up Sites or service, through hacking, password mining or any other means. You agree that you will not engage in any activities related to this Web site that are contrary to applicable laws or regulations.

Pinky Up reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this Web site and to suspend and/or deny access to this Web site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on this Web site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and Pink Up does not undertake any obligation or responsibility to update or amend any such information. Pinky Up may discontinue or change any product or service described in or offered on this Web site at any time.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

The information, products and services on this Web site are provided on an "AS IS," and "AS AVAILABLE" basis. Pinky Up does not warrant the information or services provided herein or your use of this Web site generally, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. Pinky Up will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via the Sites. Although the information provided to you on the Sites is obtained or compiled from sources we believe to be reliable, Pinky Up cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Neither Pinky Up, nor any of its affiliates, directors, officers or employees, nor any third party vendor, will be liable or responsible for any loss or damage incurred 1) in the event of any failure or interruption of the Sites; 2) resulting from any act or omission of any party involved in making the Sites, the data contained herein, or the products or services offered on the Sites available to you; 3) or from any other cause relating to your access to, inability to access, or use of the Sites or these materials, whether or not the circumstances giving rise to such cause may have been within the control of Pink Up or of any vendor providing software or services.

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 Pinky Up or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Pinky Up and protected by U.S. and international copyright laws. All software used on this site is the property of Pinky Up or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

Pink Up and all associated logos and other trademarks referenced herein are either registered trademarks or common law trademarks of Pinky Up in the United States of America.

The names of other companies and marks used on third-party products or services mentioned herein may be registered or common law trademarks or service marks of their respective companies and/or owners.

You are prohibited from using any marks for any purpose including, but not limited to use as meta tags on other pages or sites on the World Wide Web without the written permission of Pinky Up or such third party, which may own the marks.

If you copy or download any information or software from the Sites, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.

LINKS

The Sites may contain links to third party websites. These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Pinky Up of any information contained in any third party website. In no event shall Pinky Up be responsible for the information contained on that website or your use of or inability to use such website. You should also be aware that the terms and conditions of such site and the site's privacy policy may be different from those applicable to your use of the Sites.

COOKIES AND CLEAR GIFS

We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use "cookies" and "clear gifs" to obtain certain types of information when your Web browser accesses one of our Sites, or when you are provided the opportunity to complete surveys, participate in a sweepstakes or other incentives, or open or respond to any e-mail transmissions for us.

Briefly, "cookies" are small files that we transfer to your computer's hard drive or your web browser memory to enable our systems to recognize your browser and to provide convenience and other features to you, such as recognizing you as an existing customer or previous Site visitor. "Clear gifs" are tiny graphics with a unique identifier, similar in function to cookies, and may be used to track the online movements of web users or to let us know if you have opened an email that we sent you.

You are always free to decline our cookies if your browser permits, although in that case you may not be able to participate in our surveys or incentives, purchase products, or take advantage of certain useful features of the Sites.

SMS COMMUNICATIONS

Consent: By providing your mobile phone number to Pinky Up, you consent to receive SMS messages from us. These messages may include order updates, promotions, and important information related to your account.

Message Frequency: Pinky Up will send SMS messages to the mobile phone number provided by you. Message frequency may vary, and you can opt out at any time by following the instructions in the SMS messages.

Message and Data Rates: Standard message and data rates may apply to SMS messages sent by Pinky Up. Check with your mobile service provider for details on applicable charges.

Opting Out: To stop receiving SMS messages from Pinky Up, reply with "STOP" to the received message. You may also contact our customer support to opt out.

Privacy: We respect your privacy, and the information you provide for SMS communications will be used in accordance with our Privacy Policy.

Security: Pinky Up will take reasonable measures to ensure the security and confidentiality of SMS communications. However, we cannot guarantee the security of SMS messages transmitted over cellular networks.

Termination of SMS Service

Pinky Up reserves the right to modify, suspend, or terminate SMS communications at any time, for any reason, and without notice.

ORDERS AND PRICING

By placing an order on our Site, you agree to provide accurate and complete information. Pinky Up reserves the right to cancel or refuse any orders at our discretion.  Prices on the Site are subject to change without notice. Pinky Up is not responsible for typographical errors regarding pricing or product descriptions.

TERMS OF PAYMENT

You may purchase certain products or services on the Sites. In ordering products through the Sites or otherwise, you agree to provide only true, accurate, current and complete information. You hereby certify that any email account you provide to Pinky Up is registered to you. You agree that your placement of an electronic order on the Site is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required. Pinky Up shall have the right to bar your access to and use of the Sites if it has reasonable grounds to believe that you have provided false, inaccurate, not current, or incomplete information.

At the time you place your order, you may have been offered and agreed to purchase the product or service at a price that is not consistent with other customers. Your cost (which includes applicable sales tax) is the amount you agreed to pay at the time of purchase.

to pay at the time of purchase. To qualify for promotional discounts, you may be required to enter a coupon code prior to completing your order, and certain products or payment options may not be eligible. Rules and restrictions are disclosed at the time promotional offers are presented. By participating in the promotion, you are agreeing to the rules and restrictions associated with the promotion. For questions regarding promotional offers, including rules and restrictions, please contact Pinky Up at help@pinkyup.com.

Please note that this policy applies only to products sold and shipped by Pinky Up.

SHIPPING AND DELIVERY

Pinky Up ships products to locations within the United States and internationally. Shipping costs and delivery times may vary. Please refer to our Shipping Policy for more details.

While we make every effort to ensure timely delivery, Pinky Up is not responsible for delays or issues arising from the shipping carrier.

INTERNATIONAL USE

The Sites are controlled and operated by Pinky Up from its headquarters in Seattle, Washington, United States of America. If you access the Sites from a location outside the United States of America, you do so on your own initiative and are responsible for compliance with all applicable laws of your jurisdiction. Pinky Up makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.

LIMITATION OF LIABILITY

PINKY UP SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, ATTORNEY FEES, OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA AND THE LIKE) ARISING OUT OF THIS PRIVACY POLICY OR YOUR USE OF, OR INABILITY TO USE OR ACCESS THE SITE OR ANY CONTENT PROVIDED ON THE SITE OR DOWNLOADED FROM THE SITE, OR ANY DELAY IN USE OR ACCESS TO THE SITE OR CONTENT PROVIDED ON THE SITE OR ANY CLAIM ARISING FROM OR RELATING TO ERRORS, OMISSIONS OR INACCURACIES IN THE CONTENT PROVIDED ON THE SITES OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF PINKY UP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G. INABILITY TO ACCESS INTERNET SERVICE PROVIDER) UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. PINKY UP CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITES.

WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW PROVISION SET FORTH HEREIN, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. THEREFORE THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, PINKY UP'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL APPLY TO EVERY FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, AND SHALL SURVIVE ANY BREACH OF THE TERMS OR ANY AGREEMENT, OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THE TERMS OR AN AGREEMENT OR ANY EXCLUSIVE REMEDY.

IN NO EVENT SHALL PINKY LIABILITY EXCEED $50.00.

JURISDICTION

These Terms, as well as the Privacy Policy for the Sites, and any dispute that may arise between you and Pinky Up, shall be governed by and construed in accordance with the laws of the State of Washington, U.S.A., without regard to conflict of laws principles. You consent to the exclusive jurisdiction and venue in the courts of King County, Washington, U.S.A. for any all disputes arising out of or relating to the Privacy Policy, Terms of Use and/or the Sites.

Unless otherwise specified herein, these Terms and the Sites’ Privacy Policy constitute written agreements between you and Pinky Up with respect to the Sites and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Pinky Up with respect to this site. A printed version, and of any electronic notices pertaining to the same, shall be admissible in an judicial or administrative proceeding to the same extent, and subject to the same restrictions, as any other contract, document or record originally in printed form.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

If you have any concerns about privacy at Pinky Up, please contact us with a thorough description, and we will try to resolve it.

Pinky Up
Attn: Legal Department
1055 N 38^thStreet
Seattle, WA 98103

These Terms of Use were last modified on September 30, 2020.