Agreement between user and Dear Martian,
Welcome to dearmartian.com. Dear Martian is both a producer and retailer of dapper accessories and jewelry. The dearmartian.com website is an E-Commerce domain composed of numerous web pages run by Dear Martian, including but not limited to Dear Martian, LLC. By viewing this site, you are consenting to the “Terms” described in this agreement. We may update this site and these Terms from time to time. Read the following Terms carefully.
Dear Martian reserves the right, to changed the Terms under which the website is offered. We will attempt to notify you via e-mail if changes are made to the Terms in any material way. Continued use of the Site after any occurring changes to the Terms, constitutes your agreement to these changes. Review the Terms periodically to make note of the most recent version. If you do not agree to any of these changes to the Terms, you must immediately stop using the site.
Copyrights & Trademarks
All content comprised on the site, including text, graphics, or code is copyrighted under United States copyright infringement laws; furthermore, is the property of DearMartian.com, DM, Dear Martian, . For non-commercial use and or placing an order from dearmartian.com , it is permissible to display, print, copy portions of this site. Any other use to the reproduction, distribution, display, or transmission of the content viewable on the Site is strictly prohibited, unless given consent by dearmartian.com. Furthermore, you consent not to alter or remove any proprietary notices from materials downloaded from dearmartian.com. Lastly, all trademarks, service marks, trade names of dearmartian.com used on the Site are trademarks or registered trademarks of Dear Martian, LLC.
Both sending e-mails and visiting the Site DearMartian.com constitutes as electronic communications. In doing so, you have agreed with all disclosures, notices, agreements, and other forms of communication that we will provide electronically, satisfy any legal requirement.
You consent to data collected for business purposes by Dear Martian,. Furthermore, you agree that the collection of access and use of communications and other data would not constitutes as violating any rights of privacy, personal rights, or other common laws.Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.User Comments Feedback & Other Submissions
If, at our request, you send certain specific submissions (for example contest entries & reviews) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that DearMartian may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to: maintain any comments in confidence; to pay compensation for any comments; or to respond to any comments.
Dear Martian, may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. Harassment of any kind performed on the site, which includes email, chat, is strictly forbidden.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.Your Account
Using this site and opening an account with us, deem that you are responsible for maintaining the confidentiality of your account, password, and restricting access to your computer. All activities that occur under your account and password, deems the acceptance of responsibility. You are unable to give the account to any other person or entity; and therefore Dear Martian is not responsible for third party access that occur from theft and or misuse of your account. Dear Martian, reserves the right to refuse or cancel service, terminate an accounts, and remove content at our own discretion.
Terms of Sale
Pricing of products have the ability to be mismarked occasionally. By viewing the Site, this does not constitute the right to purchase any featured products. Both products and prices are subjected to change at any time without any notice. We reserve the right to limit quantities of products purchased. We reserve the right to revise, edit, and cancel orders if there were any errors made concerning the price or availability of any item added to your order. If you have already been changed for the purchase and a cancellation has occurred, we will credit the account based on the method of purchase.
Disclaimer of Warranties & Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Dear Martian, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.Accuracy, Completeness, & Timeliness of Information
Dearmartian.com is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Returns & Exchanges
Please view our returns and exchange policy under the FAQ tab for further information.
Credit Card Usage
For payment purposes, it is required to be using a valid credit card, debit card, or paypal account. Separate charges will appear to the price of your order for shipping and handling and any sales tax. Title of products and risk of loss or damage will pass onto the buyer upon shipment of the order via DearMartian. It is your responsibility to comply with applicable laws in regard to use, possession, and sale of any purchased item from our site. You represent and warrant that you have the legal right to use any method of payment utilized in connection with any transaction.
To help further your shopping experience is safe and secure, we use a Secure Socket Layer other known as SSL technology. Furthermore, we take reasonable care, to keep any information of your order and payment secure, however in the absence of negligence we are not liable for any loss you may suffer if a third party infiltrates any data you provided when ordering from our Site.Indemnification
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Jersey, United States
Arbitration of Disputes
Questions about the above Terms of Service should be sent to:
Effective as of 12/13/17
Usage of Personal Information
Once you purchase a product from our store, as part of the buying and selling process, we will collect personal information you enter in such as your name, address, email address, billing and credit card information. Dear Martian, in some instances will collect product reviews, questions, or other information if you provide any when contacting us. When browsing our online store, we automatically receive your computer’s IP address (internet protocol) in order to provide insight that helps us learn about browser and operating system. With your permission via email marketing, we can send you emails on certain updates, notifications, events and blogs. We might also gather other personal and or non-personal information in the future. Dear Martian, may disclose personal information if we are required to by law or to do so if you violate our Terms of Service.
The Dear Martian, store is hosted on Shopify Inc. They produce our online e-commerce platform, which enables us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall. If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service here or Privacy Statement here.
To protect your personal information, Dear Martian, takes reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
Usage of Cookies
Dearmartian.com may use third-party analytics services for example Google Analytics, in order to collect data, cookies, web server logs, in order to analyze the use of our site. This only provides us insight on how to optimize your shopping experience. Cookies enable better efficiency for instance sending information to the server that you have returned to a certain page, cookies help us to recall specific information. It also helps us determine which products or services are most popular, which can be used to deliver unique content and advertising to customers whose have similar interests. On almost all web browsers, you have the ability to decline cookies, however in doing so you might not be able to experience our services to its fullest potential when visiting our site.
Age of Consent
By using Dearmartian.com, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
If for any reason you would like to opt-out from reviewing any notification or updates of certain information; it is possible for users to unsubscribe from receiving any means of communication via Dear Martian. In order to do so, click the unsubscribe link at the bottom of the form of communication or you may do so by emailing us at: email@example.com
If you have any questions, comments or concerns on the Pirvacy Policy above; please contact Dear Martian, at:
Effective as of 12/13/17