PumpSuperMarket.com (PSM)

Welcome to PumpSuperMarket.com. Your use of the PSM Site, related PSM services, and PSM products constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein (the “Terms”). You also accept the Terms when you create an account, make a purchase as a guest, or log in to PSM Site. Additional or separate terms may apply to your use of individual services or features available on a PSM Site, such as reviews. References to “you or “your” shall refer to any user accessing viewing, or otherwise interacting with PSM Site. We may make changes to any PSM Site and the Terms. It is your responsibility to review the Terms for updates or changes. If you do not agree with the Terms, you should not use the PSM Sites.

 

 

Use of the PumpSuperMarket.com Site

You may use the PSM Site for your personal, non-commercial use only. You may not use PSM Site if you are under the age of 13. If you are between the ages of 13 and 18, you may use the PSM Site only with the supervision or involvement of a parent or guardian.

 

 

Information and product pictures on PSM Website

We try to be as accurate as possible with the information we present on the PumpSupermarket website. We will make reasonable efforts to accurately display the attributes of the products we sell. We do not warrant that product descriptions, pictures or other content is accurate, complete, or error free and the purchased items are not returnable because of this reason. Product prices offered on the PSM Site may vary from other advertised prices due to varying conditions in different geographic markets. Prices and promotions are subject to change, and may vary from those offered in our stores. We can confirm the availability or price of an item before you place your order. Despite our best efforts, sometimes an item in our catalog may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order. The prices displayed on the PSM Site is quoted in U.S. dollars and are valid and effective only within the United States, and such prices includes free shipping but do not include sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping handling costs.

 

 

Paying for Your Order

Generally, we’ll charge your payment method for an item when we ship the item to you or confirm its availability in store. However, we may preauthorize your order amount with your credit card, credit account, or debit card issuer at the time you place the order, which may have an effect on your available credit line. When you pre-order with a debit card, we’ll debit your card when you place the pre-order. For special delivery items, we’ll charge your payment method when you confirm a delivery time.

 

 

Order Confirmation

While we will use our best efforts to fulfill all orders, PSM cannot guarantee the availability of any particular product displayed on the PSM Site. Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to promptly notify you using the email address you provide to us. If we cancel an order or part of an order that we’ve already charged you for, we’ll refund you the full amount of the canceled portion of the order. We reserve the right to discontinue the sale of any product listed on the PSM Site at any time without notice. In some cases PSM may contact and ask for Picture ID to a Business card for verification purpose.

 

 

Use License

PSM grants your permission to view and use the PSM Site and to print individual pages from the PSM Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth herein. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from the PSM Site.

In addition, as a condition of your use of the PSM Sites, you represent and warrant to PumpSuperMarket that you will not use the PSM Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use the PSM Site. Other than these Terms between you and PSM relating to the sale of products or services to you through the PSM Site, PSM will not enter into any agreement with you or create any obligation to you through this PSM Site and no attempt to create such an agreement or obligation will be effective.

 

 

Trademarks

The trademarks, service marks and logos (collectively the “Marks”) used and displayed on this Site are registered and unregistered Trademarks of PSM. Nothing on this PSM Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Mark displayed on the PSM Sites, without the prior written permission of the Mark owner. PSM aggressively enforces its intellectual property rights to the fullest extent of the law. The name of PumpSuperMarket or the logo of PSM may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this PSM Site, without prior, written permission from PumpSuperMarket. PSM strictly prohibits use of the PSM logo as part of a link to or from any site unless establishment of such a link is approved in advance by PSM in writing. Fair use of PSM Marks requires proper acknowledgment. Other product and company names mentioned on this PSM Site may be the Marks of their respective owners.

 

 

Privacy

We take our commitment to protect your privacy seriously. Your use of the PSM Sites is subject to our Privacy Policy. Please review the policy for more on how we collect and use information.

Links to Third Party Sites

This Site may contain links to sites owned or operated by parties other than PSM or its affiliates. Such links are provided for your reference only. PumpSuperMarket does not control outside sites and is not responsible for their content. PSM’s inclusion of links to an outside site does not imply any endorsement of the material on the site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does the inclusion of the links imply that PSM is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site.

 

 

SMS Messaging

PumpSuperMarket may use SMS messages to communicate with you about your order or related inquiries (the “SMS Service”). This will occur only in response to an SMS message sent by you to us; such messages constitute consent by you to receive responsive SMS messages from us. You can cancel the SMS Service at any time by texting “STOP”. After you send the SMS message “STOP” to us, we will send you a reply SMS message to confirm that you have been unsubscribed. Then, you will no longer receive SMS messages from us. You can also opt out through other mechanisms, such as contacting us here. If you want to join again, just reply with “UNSTOP” to begin receiving messages again. If you have concerns with continuing with the SMS service, you can reply with the keyword “HELP” for more assistance, or you can contact us here. Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, contact your wireless provider. If you have any questions regarding privacy, please read our privacy policy.

We can deliver messages to the following mobile phone carriers:
Major Carriers: AT&T, Verizon Wireless, Sprint, T-Mobile
Minor Carriers: U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation),Thumb Cellular,

Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

 

 

NO WARRANTIES; EXCLUSION OF LIABILITY

WE MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. PUMPSUPERMARKET, SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND -NON-INFRINGEMENT. PSM SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE PSM SITES OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE PSM SITES. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. ANY WARRANTY ON ANY PRODUCT SOLD THROUGH A PSM SITE IS PROVIDED TO PSM OR DIRECTLY TO YOU BY THE MANUFACTURER OF THAT PRODUCT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PSM WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO YOUR USE OF PSM SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH PSM SITE. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH PSM SITE OR PSM GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, RECKLESS OR MALICIOUS MISCONDUCT, OR FRAUD. IN NO EVENT SHALL EITHER PSM, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

 

Contacting Us

If you have any questions about this agreement, please visit our Contact page, or write us at:

[email protected]
Attention: Customer Service
6520 NW 77^th CT
Miami, FL 33166

Although PSM will be able to receive communication provided through this Site (including, without limitation, service requests and other submissions) in most circumstances, PSM does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that internet e-mail typically is not secure.

 

 

Uploaded Content

We welcome your comments regarding this site. However, by submitting any content to PSM (including photos), via the PSM Sites or otherwise, you represent and warrant that:

• you are the sole author and owner of the intellectual property rights thereto;
• all “moral rights” that you may have in such content have been voluntarily waived by you; and
• use of the content you supply does not violate the Terms and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:

• that is known by you to be false, inaccurate or misleading;
• that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
• for which you were compensated or granted any consideration by any third party; or
• that contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold PSM (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant PSM and its authorized third-party service providers a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content (including photos and all data contained or appended to the computer file of such photos) that you submit may be used and shared with authorized third-parties at PSM’s sole discretion. PSM reserves the right to change, condense or delete any content on the PSM Sites that PSM deems, in its sole discretion, to violate these Terms. PSM does not guarantee that you will have any recourse through PSM to edit or delete any content you have submitted. You acknowledge that you, not PSM, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of PSM, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

 

 

Disputes

You agree that this agreement and your use of the PSM Site are governed by the laws of the State of Florida, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Miami-Dade County, Florida, USA in all disputes (a) arising out of, relating to, or concerning the PSM Site and/or these Terms; (b) in which the PSM Site and/or these Terms present is an issue of a material fact; (c) in which the PSM Site and/or these Terms are referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization; (d) arising out of relating to any products or services sold or distributed by PSM whether over the phone, or online; and (e) related to PSM’s advertising, communication, delivery, or sales practices relating to its products and services. Use of the PSM Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms, including without limitation this paragraph and the warranty disclaimers and liability exclusions.

PSM has endeavored to comply with all legal requirements known to it in creating and maintaining the PSM Site, but makes no representation that materials on the PSM Sites are appropriate or available for use in any particular jurisdiction. Use of the Site is unauthorized in any jurisdiction where all or any portion of the PSM Sites may violate any legal requirements and you agree not to access the PSM Sites in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of these Terms is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.

WITH THE PRIOR AGREEMENT OF PUMPSUPERMARKET, ANY CLAIM, DISPUTE OR CONTROVERSY ARISING OUT OF, RELATING TO OR CONCERNING THIS SITE AND/OR THIS AGREEMENT SHALL BE DECIDED BY BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND ANY SUCH ARBITRATION PROCEEDINGS SHALL BE BROUGHT AND HELD IN MIAMI-DADE COUNTY, FLORIDA, USA. CLAIMS MAY ONLY BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PURPORTED REPRESENTATIVE OF ANY CLASS. THE DECISIONS OF THE ARBITRATORS SHALL BE BINDING AND CONCLUSIVE UPON ALL PARTIES INVOLVED AND JUDGMENT UPON ANY AWARD OF THE ARBITRATORS MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. THIS PROVISION SHALL BE SPECIFICALLY ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION.

 

General

You agree that PSM may at any time and without notice change the terms, conditions and notices under which the PSM Sites are offered; however, any change to the terms after your last usage of the PSM Site will not be applied retroactively.

You agree that no joint venture, partnership, employment or agency relationship exists between you and PSM as a result of this agreement or your use of this PSM Site.

PSM’s performance of these Terms is subject to existing laws and legal process and nothing contained in this agreement is in derogation of PSM’s right to comply with law enforcement requests or requirements relating to your use of the PSM Site or information provided to or gathered by PSM with respect to such use.

These Terms, the Privacy Policy, and terms of sale constitute the entire agreement between you and PSM with respect to the PSM Sites. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and PSM with respect to this PSM Site. No modification of this agreement shall be effective unless it is authored by PSM or its affiliates. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by PSM in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms or your use of this PSM Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by PSM in printed form.

PSM also may make employment information available through this PSM Site. PSM is an equal opportunity employer. PSM provides equal employment opportunity to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status or disability. PSM’s policy relates to all phases of employment including recruitment, placement, promotion, training, demotion, transfer, layoff, recall and termination, rates of pay, employee benefits and participation in all company-sponsored employee activities.

THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS OF PSM OR ANY OF ITS AFFILIATES OR AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS SITE AND YOU PARTICULARLY SHOULD NOT MAKE ANY INVESTMENT DECISIONS BASED ON ANY INFORMATION OR MATERIALS IN THIS SITE. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL SUCH INFORMATION AND MATERIALS BEFORE ACTING OR RELYING THEREON OR MAKING ANY INVESTMENT DECISIONS IN CONNECTION THEREWITH. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

 

Termination of Use

We may, in our sole discretion, terminate your account or your use of the PSM Sites at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. We may change, suspend or discontinue all or any aspects of any PSM Sites at any time without prior notice.

Copyrights

This PSM Site and the materials within it are © PumpSuperMarket.com, Viewing or using this PSM Site may create a copy of PSM materials in your computer’s random access memory and/or in your hard drive and/or in your proxy server.

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Warranty Policy