These Terms govern your use of the online services provided by this store and its affiliates ("store" "us," or "we"), including websites, mobile applications,
store Content and other services ("Services").
The Services are intended for use by users that are 18 or older (or 13 or older, with the consent and involvement of a
parent or guardian). If you are not the intended audience or you object to these Terms, you may not use our Services. These Terms act as a
binding agreement between you and us, and by accessing any Services in any way, you agree to be bound by all of them, including, but not
limited to, resolving disputes via binding arbitration, conducting this transaction electronically, disclaiming warranties, damage and remedy
exclusions and limitations, and a choice of California law.
From time to time we may update the Services and these Terms, and such changes shall be applied prospectively. Your use of the Services after
we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you
are familiar with the most recent version. We may, in our sole discretion, and at any time,
discontinue the Services or any part thereof, with or without notice, or may prevent your use of the
Services with or without notice to you. You agree that you do not have any rights in the Services and
that we will have no liability to you if the Services are discontinued or your ability to access the
Services (including any content you may have posted) is terminated.
Information We Display
We own or license all content contained within the Services, including without limitation, text, images, icons, data, software, trademarks, trade
dress, and User Content (collectively, "store Content"), and you may access and use it solely for your own personal,
non-commercial shopping and information purposes. store Content may be protected by domestic and international copyright, patent, trademark, and other rights, and all rights, titles, and interests are reserved by the respective owners. Copying, publishing, broadcasting, modifying, distributing or transmitting any store Content in any way without our prior written consent is strictly prohibited.
While we work hard to provide a superior customer experience, we cannot guarantee that all store Content we display is correct, complete, or current, including product pricing, images, information, and availability.
To ensure a positive experience for all users, you agree that you will not: (i) use or exploit the Services for any purpose that is illegal, tortuous, libelous, defamatory, false, misleading, harassing, abusive, obscene, vulgar, pornographic, intrusive on another s privacy, harmful to the interests of us or our users, or inappropriate with respect to race, gender, sexuality, ethnicity, or another intrinsic characteristic; (ii) upload, post, reproduce, distribute, transmit, transfer, or otherwise use or exploit in any way information, software, or other material protected by any intellectual property, publicity, or privacy right (including our trademarks and trade dress) without first obtaining the permission of the owner of such rights; (iii) collect or store personal data about other users; (iv) reproduce, distribute, duplicate, copy, sell, resell, decompile, modify, reverse engineer, disassemble, assign, create derivative works of, impersonate, or otherwise exploit any part of the Services (including any software we make available) for any purpose unless expressly approved by us in writing; (v) upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (vi) undertake or facilitate any effort to interrupt, modify, limit, interfere with, commercially exploit, or negatively impact the functionality of any Services, nor will you use or exploit the Services in any way other than as expressly permitted by these Terms; (vii) remove, alter, obscure, or otherwise render unintelligible any proprietary notices; and (viii) deploy or utilize any automated method of collecting content from our site, such as robots, crawlers, and scraping mechanisms (Sections (i) through (viii) collectively, "Prohibited Use"). To protect the interests of us and our users, we may monitor, modify, terminate, and disclose to third parties (including law enforcement) your use of the Services (including User Content) at any time.
You may be able to create or submit designs, photos, product reviews, written posts, and other content ("User Content"). You agree that: (i) you will not display or furnish any User Content that contains personal information about or the likeness of any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; (ii) you will not impersonate any person or organization (including us), or misrepresent an affiliation with another person or organization; and (iii) you will not post or upload any User Content that constitutes a Prohibited Use. Notwithstanding the foregoing, these Terms in no way limit your rights under the Consumer Review Fairness Act of 2016 (H.R. 5111).
By displaying, publishing, or otherwise posting any User Content on or through the Services, or by affirmatively agreeing to our online request to use your User Content (electronically or otherwise), you hereby grant us a perpetual, non-exclusive, sub-licensable (through multiple tiers), worldwide, fully-paid, royalty free license to use such User Content (including without limitation, to modify, publicly perform, publicly display, reproduce, create derivative works of, and distribute such User Content for any purpose, whether it contains a personal likeness or otherwise) in any and all media now known or hereinafter developed, without the requirement to make payment to any party or seek any third party permission or make any authorship attribution. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein, though for purposes of this Section, you waive all "moral rights" in the same. You represent and warrant that (i) you own the User Content submitted, displayed, published, provided, or posted by you on the Services, or otherwise have the right to grant the license set forth herein, and (ii) your displaying, publishing, providing, or posting of any User Content you submit, and our use thereof in accordance with these Terms, does not and will not violate applicable law or any privacy, publicity, copyright, trademark, patent, contract or any other rights of any person or entity. Notwithstanding the foregoing, you further understand and agree that you have no ownership rights to any account you may have with us, or other access to the Services or features therein. We may cancel and terminate any account or User Content at any time without notice. We assume no liability for any information removed from our Services, and reserve the right to permanently restrict access to the Services or a user account.
If the Services require you to create an account or provide personal information, you agree to submit accurate, complete information, and to update it as appropriate. You are solely responsible for the activities and security of your account, and you must notify us if you suspect any unauthorized use. We are not liable for any loss you incur as a result of someone else using your password or account, either with or without your knowledge, and are not responsible for any delay in shutting down your account after you have reported a breach of security to us.
The Services we provide may be subject to additional policies, such as a return policy, gift card policy, or other terms.
You can learn more about those specific services and policies here.
If you make any purchases, you represent that you and we (including our service providers) are authorized to use the information you provide (including payment method information) to carry out the transaction. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. Our acknowledgement of an order means that your order request has been received, but not that your order has been accepted or shipped or that the price or availability of an item has been confirmed. We reserve the right to change the price of an item up until the time of shipment. Title and risk of loss transfer to you upon our delivery of the order to the carrier. Notwithstanding anything to the contrary, we reserve the right to cancel or limit any orders for any reason. Prices, promotions, offers, and product availability are all subject to change without notice.
If you download one of our mobile applications, these Terms constitute an end-user license agreement, and you agree to act in accordance with the end-user license agreements and policies made applicable by your wireless carrier and operating system software provider (including as listed within their respective app stores). You agree you are solely responsible for any costs incurred with accessing one of our mobile applications. You may be required to send and receive, at your cost, electronic communications related to the Services offered via our mobile applications, including without limitation, administrative messages, service announcements, diagnostic data reports, and updates. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of these Services. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access these Services, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through these Services. We may, at our discretion, automatically download updates to our mobile applications to your device from time to time. You agree to accept these updates, and to pay for any costs associated with receiving them. Our mobile applications may not work with all devices or all mobile carriers.
If you download and use one of our mobile applications available through the Apple platform: You, the end-user of these Services, acknowledge that this agreement is entered into by and between store and its subsidiaries and affiliates, and you, and not with Apple, Inc., and Apple, Inc. is not responsible for the Services. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this agreement. You acknowledge that Apple, Inc. has no obligation whatsoever to maintain or support the Services. You acknowledge that you have reviewed and agree to the App Store Terms and Conditions (located online at https://www.apple.com/legal/itunes/us/terms.html#APPS), including the Usage Rules set forth therein. This agreement incorporates by reference the Licensed Application End User License Agreement (the "LAEULA") published by Apple, Inc. (located online at https://www.apple.com/legal/macapps/dev/stdeula/). For purposes of this Agreement, our mobile application-based Services are considered the "Licensed Application" as defined in the LAEULA and store is considered the "Application Provider" as defined in the LAEULA. If any of the Terms herein conflict with the terms of the LAEULA, these Terms shall control. In the event of any failure of the Services to conform to any applicable warranty set forth herein, you acknowledge that to the maximum extent permitted by applicable law, Apple, Inc. will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the Services (including, without limitation, a third party claim that the Services infringe that third party s intellectual property rights) or your use or possession of the Services, including but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
If a dispute ever arises between us, please contact us. If we cannot resolve the matter informally, you and we each agree that any
and all disputes or claims that have arisen or may arise between you and us shall be resolved exclusively through final and
binding arbitration, rather than in court. If your claims qualify (
"Agreement to Arbitrate"). The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate,
which shall be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the
AAA s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by these Terms. A form for
initiating arbitration proceedings is available on the AAA s website. The arbitration shall be held in state of California.
If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration
conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the
arbitrator s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may
be made by telephone by you and/or us, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including
recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by
rulings in prior arbitrations involving different store users, but is bound by rulings in prior arbitrations involving the same
store user to the extent required by applicable law. The arbitrator s award shall be final and binding, and judgment on
the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
You and we agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or
class member in any purported class or representative action or proceeding. Unless you and we agree otherwise, the arbitrator
may not consolidate or join more than one person s or party s claims and may not otherwise preside over any form of a consolidated,
representative, or class proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only
in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party s
individual claim(s). Any relief awarded shall not affect our other users.
You can choose to reject the Agreement to Arbitrate by mailing us a signed opt-out notice ("Opt-Out Notice") within 30 days after
the date you first access the Services or accept any subsequently published version of these Terms. The Opt-Out Notice must include
a statement that you do not agree to this Agreement to Arbitrate, your name, address, phone number, and any email address(es) used
to log in to any applicable account(s) to which the opt-out applies. You must mail the Opt-Out Notice to store home office.
This procedure is the only way you can opt out of
the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of these Terms, including all other
provisions of this Section, will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or
future arbitration agreements that you may have with us.
To the extent permitted by applicable law, any claims arising in connection with the use of these Services or these Terms must be
filed within one (1) year of the date of the event giving rise to such action.
If you believe any store Content infringes on your copyright, please notify us.
These Terms, including all other terms and policies referenced herein, constitute the entire agreement between you and us with respect to the Service,
and shall be construed in accordance with the laws of the State of California, without respect to its conflict of laws rules.