Terms of Service
Pearlandjohnny.com respects your privacy. Our Internet site is meant to be a service to you. In order to provide you with the best products, timely information and quality customer service, we record a variety of information from your visit to our site. To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your personal information is collected and used.
What Information We Collect and How We Use It
When you purchase products from Pearlandjohnny.com, we collect your name, address, telephone number, e-mail address and credit card information. First, we use this information to fulfill your order and to communicate with you about your order. In fulfilling your order, we only share your personal information with outside parties to the extent necessary to fulfill your order. Below, please find more information regarding your privacy and what personal information Pearl and Johnny collects from you.
Your First Purchase from Pearlandjohnny.com – Based upon the preferences you select, we will use the information you provide to place you on our e-mail newsletter list to receive e-mail newsletters with recipes, special offers and updates about products and services, unless you deselect the checkbox at checkout giving us permission to do so.
Your Subsequent Purchases from Pearlandjohnny.com – If you have purchased product from Pearlandjohnny.com before, unless you edit your membership account profile or notify us, your subscription status will remain unchanged.
When you send a gift and want it sent directly to the recipient, you will need to submit the recipient’s name and postal address. We use this information to ship the product and confirm delivery.
When you subscribe to our e-mail newsletters, we collect your e-mail address so that we can send you our e-mail newsletters with recipes, special offers and updates about products and services. You can unsubscribe from one or more of our e-mail newsletters at any time by clicking the unsubscribe link at the bottom of any electronic newsletter that you receive from us.
When you send us an e-mail to [email protected], we collect your name and e-mail address and use this to reply to your inquiry. We do not retain your name and email address to be used for any other reasons but to assist you.
Information About Customers and Visitors Shared With Third Parties
We also share information about our customers and visitors with trusted service providers who provide Pearlandjohnny.com with specific services and/or administer activities offered on the Pearlandjohnny.com site.
We also may use non-identifying and aggregate information (as opposed to identifiable individual information) about our customers and/or visitors to better design our website.
Links to/from Other Sites
To enhance your shopping experience, the Pearlandjohnny.com site may have links to other sites on the Internet that are owned by third party vendors and other third parties (External Sites), or you may come to Pearlandjohnny.com from a link from an External Site. These other web sites will have their own rules on privacy that you should review. Pearlandjohnny.com is not responsible for the privacy policies of External Sites.
Pearlandjohnny.com uses a feature of your Internet Web browser called a cookie to assign an identification code to your computer. Cookies are files that your Web browser places on your computer’s hard drive. Cookies do not provide us with access to any credit card information.
Our Commitment to Data Security
Pearl and Johnny wants to ensure the security of your personal and financial information while shopping on our web site. Please be aware that no data transmission over the Internet can be guaranteed as 100% secure, but for this reason we employ strong security measures to protect your personal information to the greatest extent possible. Every page of the Check Out process on the Pearl and Johnny web site uses SSL (Secure Sockets Layer) to transmit your personal information to our servers. SSL is a set of rules followed by computers connected to the Internet. These rules include encryption, which guards against eavesdropping; data integrity, which assures that your communications aren’t tampered with during transmission; and authentication, which verifies that the party actually receiving your communication is who it claims to be. In addition to our SSL technology, we urge you to close your browser window after shopping online to ensure you are logged out of your visit and/or online account. This is especially important when you are sharing a computer, or using a computer with public access.
Notice of Changes
Website Terms & Conditions of Use
This website is operated by Pearl and Johnny, INC. Throughout the site, the terms “we,” “us” and “our” refer to Pearl and Johnny, Inc. (hereinafter “Pearl and Johnny”). Pearl and Johnny offers this website, including, without limitation, all information, tools and services available from this site, all data, content, software, function, and materials set forth herein and available herein (collectively, the “Website”) to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, notices and disclaimers stated herein (collectively, the “Terms and Conditions of Use”). Your use of this Website constitutes your agreement to these Terms and Conditions of Use.
Our Commitment to Privacy
Pearl and Johnny is firmly committed to ensuring online user privacy. We provide this notice to explain our online information-gathering practices and the choices you can make about the way information about you is collected and used. Since your privacy is important to us, Pearl and Johnny takes reasonable precautions to prevent unauthorized access, maintain data accuracy, and ensure the correct use of information. While no security system is absolutely safe, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online and to protect your personally identifiable information from loss, misuse, alteration and destruction.
Pearl and Johnny does, at times, contract with third party service providers to perform certain business functions on our behalf (“Third Party Providers”), including, without limitation, providing online product ordering services, providing emailing and promotional services, providing bill printing and mailing services, processing credit card and other bill payments, providing customer service, providing shipping services for products ordered, managing product orders, surveying and analyzing website activity data, providing marketing assistance, providing search results and links, conducting research, and promoting programs. Such Third Party Providers have access to personal information needed to perform their specific business functions, but may not use it for other purposes.
In some areas of our Website, we require a user ID and password for you to access certain information. Pearl and Johnny will not disclose passwords to third parties, other than such Third Party Providers who need passwords to perform their specific business functions. You are responsible for maintaining the privacy and security of your password, user name, e-mail address and related information.
The Information We Collect
This notice applies to all information collected or submitted on this Website by Pearl and Johnny and its Third Party Providers. Pearl and Johnny does not collect personally identifiable information about you unless you voluntarily provide it. At any time, before you submit, you may opt-out of providing such information by closing this Website. Examples of personally identifiable information which you may provide to us while using our Website include, without limitation:
- E-mail address
- Telephone number
- Account or order number (if you are a current customer)
- Information about your computer and browser
- Zip code
- Credit Card Information
- Shipping and billing addresses
- E-billing and other on-line services information that is linked to you via your password, if you use those services
The Way We Use Information
Aggregate Information (non-personally identifiable). In general, when you visit this Website to read or download information, we collect and store only the following generic information about your visit:
- the IP address (which is a number that is used by computers on the network to identify your computer so that data, such as the web pages you request, can be sent to you) and/or the name of the domain from which you access the Internet (for example, aol.com if you are connecting from an America Online account)
- the date and time of access to our Website
- the path taken through our Website
- the Internet address of the Website which linked directly to our site
This data does not include any personally identifiable information or details.
We use non-identifying and aggregate information about site visitors to measure the number of visitors to the different sections of our site, to help us make our site more useful to visitors, and to assess login performance of the Website.
Personally Identifiable Information. We use the personally identifiable information you provide us to:
- Fulfill your request for various goods
- Help you quickly find and/or receive information about Pearl and Johnny and its products
- Alert you to updated information, products and services
- Provide tailored promotions and offers
- Provide more complete service to you
- Improve the content and performance of our Website
- Answer your questions
We may also collect your email address via cookies and pixels on the Website through the use of trusted third party partners. These partners may also combine your email information with other information they have access to (such as mailing address) so that we may serve relevant marketing offers to you via email and direct mail.
The Way We Share and Disclose Information
Aggregate Information (non-personally identifiable). We share aggregated demographic information about our user base with some third party service providers. This information does not identify individual users. We do not link aggregate user data with personally identifiable information.
Personally Identifiable Information. We share your personally identifiable information with specific employees of Pearl and Johnny who are only permitted to use personally identifiable information within the scope of their employment in connection with the provision of services to you and the fulfillment of your product orders. We do not share your personally identifiable information with third party companies or organizations other than our Third Party Providers who are only permitted to use personally identifiable information for the particular business purposes specified by Pearl and Johnny.
We never sell your personally identifiable information.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process.
Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you with an opportunity to opt-out or otherwise prohibit such unrelated uses.
The Way We Store Information
A cookie is a piece of data stored on your hard drive or in your computer’s memory containing information about your visit. We use session cookies to make it easier for you to navigate our site by allowing you to visit pages within our site without having to input personal information every time you click a link within the site. A session cookie expires 30 days after your last visit. If you reject cookies, you may still use our site, but your ability to use some areas of our site may be limited.
We collect certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to administer the Website, to analyze trends, to track users’ movements around the site and to gather demographic information about our entire user base. We sometimes link this automatically-collected data to personally identifiable information in order to troubleshoot problems and to provide customer support assistance to users of our Website.
For privacy and security reasons, minimal customer-specific information is stored solely for the purpose of user authentication. All information gathered when responding to customer’s requests for samples, catalogs or more information is stored in a secure database.
This Website contains information about specialty foods. We do not intend to gather personal information online from or about children. We encourage all children and teens to seek consent from their parents before providing any information about themselves, their families, or their homes to anyone on the Internet.
There may be times when this Website contains links to other websites which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. Pearl and Johnny is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.
USE OF MATERIALS ON THIS WEBSITE
This Website and the contents of the Website are intended for your personal, noncommercial use unless authorized by Pearl and Johnny, Inc in writing. This Website contains copyrighted material, including, without limitation, page headers, text, software, photographs, drawings, specifications, audio clips, video clips, graphics, illustrations, images, logos, product listings, descriptions, prices, music and sound (collectively, the “Website Content”). In addition, the Website Content is subject to trademark, service mark, trade dress and/or other intellectual property rights and licenses held by Pearl and Johnny.
This Website is also protected by copyright as a collective work, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Except as otherwise provided herein, you may not modify, publish, adapt, transmit, participate in the transfer or sale of, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, copy, modify, distribute, republish, create derivative works from, download or in any way exploit or use any of the Website Content, in whole or in part. In addition, except as otherwise provided herein, you may not download or copy any of the product listings, descriptions, prices or other product information, nor may you frame or utilize framing techniques to enclose any trademark, logo, design, graphic, image, photograph or other Website Content from the Website or use any meta tags or any other hidden text utilizing our names or trademarks. Except as otherwise provided herein, all of the aforementioned activities are strictly prohibited without our express written consent.
Permission is granted to download, print and store selected portions of the Website Content, provided you (1) only use these copies of the Website Content for your own personal, non-commercial use, (2) do not copy or post the Website Content on any network computer or broadcast or otherwise publish the Website Content in print, electronic or any other media, and (3) do not modify or alter the Website Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Pearl and Johnny reserves complete title and full intellectual property rights in all Website Content. Any other use of materials on this Website, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of Pearl and Johnny is strictly prohibited.
You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from your use of the Website Content, and Pearl and Johnny reserves all of its rights and remedies at law and in equity.
Furthermore, you may not use any hardware or software intended to damage or interfere with the proper working of the Website or to surreptitiously intercept any system, data or personal information from the Website. You agree not to interrupt or attempt to interrupt the operation of the Website in any way. Pearl and Johnny reserves the right, in its sole discretion, to limit or terminate your access to or use of the Website at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Pearl and Johnny may be entitled at law or in equity.
When you subscribe to our e-mail newsletters, we collect your e-mail address. We use the email address you provide us to so that we can send you our e-mail communications about various matters such as information about new products and services, and notifications and updates about existing products and services.
When you send us an e-mail to inquire about our products and services, we collect your name and e-mail address and use this to reply to your inquiry. We do not retain your name and email address to be used for any other reasons, but to provide assistance to you, including, without limitation, providing you with promotional information and communicating with you regarding sales and shipment of our products.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE WEBSITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK AND THAT THE WEBSITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PEARL AND JOHNNY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE, OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE WEBSITE, PEARL AND JOHNNY’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT PEARL AND JOHNNY SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH PEARL AND JOHNNY IS TO DISCONTINUE YOUR USE OF THE WEBSITE. YOU AND PEARL AND JOHNNY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT CERTAIN PORTIONS OF THIS WEBSITE ARE PROVIDED TO YOU BY PEARL AND JOHNNY BUT ARE MADE AVAILABLE TO YOU ON SERVERS AND VIA WEB PAGES HOSTED AND MAINTAINED BY THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT THE PROVISION OF THOSE PORTIONS OF THIS WEBSITE TO YOU BY SUCH THIRD PARTIES ARE SOLELY THE RESPONSIBILITY OF SUCH THIRD PARTIES.
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. WE ALSO RESERVE THE RIGHT TO TEMPORARILY SUSPEND OR PERMANENTLY TERMINATE ANY SERVICE, TOOL OR FEATURE CONTAINED ON THIS WEBSITE AT ANY TIME. WITH RESPECT TO YOUR USE OF THIS WEBSITE, PEARL AND JOHNNY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE, AND ANY WARRANTIES THAT MATERIALS ON THE WEBSITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE. IF YOU DOWNLOAD ANY MATERIALS FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PEARL AND JOHNNY OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless Pearl and Johnny and its officers, managers, members, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Website and any violation of these Terms and Conditions of Use. If you cause a technical disruption of the Website or the systems transmitting the Website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Pearl and Johnny reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Pearl and Johnny in the defense of such matter.
JURISDICTION AND APPLICABLE LAW
The laws of Missouri govern these Terms and Conditions of Use and your use of the Website, and you irrevocably consent to the jurisdiction of the state and federal courts located in Missouri for any action arising out of or relating to these Terms and Conditions of Use. We recognize that it is possible for you to obtain access to this Website from any jurisdiction in the world, but we have no practical ability to prevent such access. If any material on this Website, or your use of the Website, is contrary to the laws of the place where you are when you access it, the Website is not intended for you, and we ask you not to use the Website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
CHANGES TO THESE TERMS AND CONDITIONS OF USE
Pearl and Johnny reserves, in its sole discretion, the right to change, modify, add or remove any portion of these Terms and Conditions of Use, in whole or in part, at any time, by posting revised terms on the Website. It is your responsibility to check periodically for any changes we make to the Terms and Conditions of Use. Your continued use of the Website after any changes to the Terms and Conditions of Use or other policies means you accept the changes.
ENTIRE AGREEMENT AND ADMISSIBILITY
These Terms and Conditions of Use constitute the entire agreement and understanding between you and Pearl and Johnny with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms and Conditions of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If any provision of these Terms and Conditions of Use is unlawful, void or unenforceable, the remaining provisions thereof will remain in place.