PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OR ACCESSING HTTPS://WWW.MISSIONSTATEMENT.COM, WHICH IS OWNED AND OPERATED BY [MISSION STATEMENT APPAREL, LLC.] (“MISSION STATEMENT”) AND SERVICES OFFERED BY MISSION STATEMENT. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTPS://WWW.MISSIONSTATEMENT.COM AND RELATED SERVICES. These Terms of Service ("Agreement") shall serve as a legal agreement between you (referred to herein as "you" or "your") and MISSION STATEMENT (“MS”, "we", "our", or "us") for access to and personal, non-commercial use of the website https://www.missionstatement.com (the "Website"), and any related software, interactive features or downloads operated by us and that are available through the Website (together with the Website collectively referred to as the "Service" or “Services”). Your use of the Service is subject to the terms and conditions of this Agreement and all applicable laws, rules and regulations as they may change from time to time. Please read this Agreement carefully and contact us with any questions. We suggest you print a copy of this Agreement for your records.
By accessing or using the Service, you agree that you have read, understand and agree to be legally bound by and comply with the terms and conditions set forth below. If you do not agree to be bound by and comply with these terms and conditions, do not use or access the Service. We reserve the right, in our sole discretion, to modify all or part of this Agreement at any time without further notice and without incurring any liability or obligation. If we do this, we will post the changes to this Agreement on the Website by indicating at the top of this page the date this Agreement was last revised. Your continued use of the Service now, or following the posting of any changes to this Agreement, will indicate acceptance and agreement by you of this Agreement as revised. It is your sole responsibility to regularly check the Website to determine if there have been any changes to this Agreement and to review such changes. You can review the most current version of this Agreement at any time at https://www.missionstatement.com/pages/terms-of-service.
Unless otherwise expressly authorized in this Agreement or on the Website, you may not take any action to interfere with the Service or any other user's use of the Service or decompile, reverse engineer or disassemble any content or other products or processes accessible through the Service, nor insert any code or product or manipulate the Service in any way that affects any user's experience. In addition, we expect users of the Service to respect the rights and dignity of others. You agree not to use the Service for illegal purposes, and you are prohibited from using the Service to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage unlawful conduct. MISSION STATEMENT may from time to time monitor or review material transmitted or posted using this Service and reserves the right to delete any material MISSION STATEMENT deems inappropriate, however, it is under no obligation to do so and assumes no responsibility or liability arising from any material transmitted or posted. You agree that you will comply with all laws related to your use of the Service. Your use of the Service is conditioned on your compliance with the terms and conditions set forth in this Agreement.
1. Your Account and Password
1.1 We may provide you with or allow you to create an account login (including a username and password) to verify your identity when you use the Service. You must ensure that your account details are complete and accurate when submitted to us, that the information that you have given is true and correct, and you must keep your account details up-to-date. If you create an account login, you may be asked to choose a user name and password. You agree that you will not choose a user name or password which, in the sole discretion of us:
• substantially infringes the legal rights of others, including, but not limited to, by comprising or being substantially similar to a trademark or service mark;
• is offensive, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
• in any way violates this Agreement;
• contains personally identifiable information, including but not limited to name, address, phone and email; and/or
• contains the name MISSION STATEMENT or any confusingly similar names.
You further agree that we reserve the right to change, remove, alter or delete any user name, password or account at any time and for any reason in our sole discretion.
1.2 Your username and password are personal to you and you must at all times keep your username and password secure and confidential and not disclose them to any third party.
1.3 You agree that you are solely responsible for any use of the Service by any person using your username and password and you agree to indemnify us against any and all claims arising out of your failure to keep your username or password secure and confidential.
1.4 You agree to notify us immediately by email to email@example.com of any unauthorized use of your account or any other breach of security. MISSION STATEMENT shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section 1, or for any delay in shutting down your account after you have reported a breach of security to us.
1.5 YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT OR USER PROFILE, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO YOUR ACCOUNT OR USER PROFILE ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF MISSION STATEMENT.
2. Submissions/Unsolicited Ideas and Digital Millennium Copyright Act (DMCA) Notices
2.1 You may be able to submit content and materials, including, without limitation, comments, reviews, feedback, suggestions, photos, usernames, e-mail, and similar information or materials that you may display or submit on the Website (any such user-submitted content, a “Submission”) in connection with your use of the Service from time to time. You agree and confirm that each Submission you make is not confidential, and that we have no obligation to treat it as such. By posting, uploading, submitting or otherwise making available a Submission, you give us a worldwide, perpetual, fully-sublicensable (through multiple tiers), transferable, irrevocable, royalty-free, and non-exclusive license to use, host, store, reproduce, adapt, modify, translate, re-arrange, publish, publicly perform, publicly display, distribute and otherwise exploit such Submission (in whole or in part) without requesting prior approval from you or providing any compensation or consideration, in any manner or media whatsoever, now known or hereafter developed, for any purpose whatsoever, including, without limitation, (i) in connection with our business and (ii) in connection with the business of our successors, subsidiaries, and their related companies. The Service includes a public platform and other users of the Service may, and you hereby grant all users of the Service the right to, search for, see, and/or use any Submission that you make publicly available through the Service to the extent permitted by the features and functionalities of the Service. By submitting a Submission, you also grant us the right to use your name, picture, likeness, voice, and biographical information in connection with the use or publication of your Submission. We reserve the right to delete any Submission at any time, for any reason without notice to you.
2.2 You represent and warrant to us that any and all Submissions you make:
(i) are your original work or you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use such Submissions,
(ii) do not violate the terms and conditions of this Agreement,
(iii) do not contain false or misleading information,
(iv) do not contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing content,
(v) do not contain any addresses, email addresses, phone numbers or any contact information, (vi) do not contain computer viruses, worms or other harmful files, and
(vii) do not infringe any rights of or cause injury to any person or entity, including without limitation the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submissions posted by you through or in connection with the Service.
2.3 You agree that MISSION STATEMENT shall have no obligations regarding the Submissions, including but not limited to, any obligation to review, request approval to use, return any materials or acknowledge receipt of any Submissions, and that MISSION STATEMENT’s use of the Submissions (if any) shall be without the possibility of any compensation or consideration to you or any third party.
2.4 You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any such Submission and for the consequences of your actions (including, without limitation, any loss or damage which we may suffer) by submitting the Submission.
2.5 To the extent that any Submission contains unsolicited ideas, suggestions, or proposals for any product concept or design, you understand and acknowledge that you are granting MISSION STATEMENT rights to such ideas, suggestions, and proposals to the same extent as any other Submission, as set forth in this Section 2. You also understand that MISSION STATEMENT may be working on the same or a similar idea, concept or design to any ideas, expression of ideas or other materials you submit within your Submission, or that MISSION STATEMENT may already know of such an idea, concept, or design from other sources, or that MISSION STATEMENT may simply wish to develop this (or a similar idea) on its own or it may have taken/will take some other action.
2.6 The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our copyright agent (listed below) with the following information:
• an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Service;
• your address, telephone number, and email address where we can contact you;
• a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
2.7 For notice of claims of copyright infringement, please contact us as at DMCA@missionstatement.com. Only DMCA notices should be sent to this email address. For other comments or questions regarding the Service, please contact us at firstname.lastname@example.org. Please note that any notification by a copyright owner or a person authorized to act on such copyright owner’s behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
3. Ordering Products on the Service
3.1 This Service and the information on it constitute an invitation to purchase, and not an offer by us to supply, products. When you place products in your shopping cart and proceed to checkout, you are submitting an order to purchase products from us. This constitutes an offer from you to buy those products in accordance with this Agreement. No contract for the sale and purchase of those products shall be formed between you and us until the checkout process has been completed and you receive email confirmation that your order has been processed for payment in accordance with Section 3.3 below.
3.2 You may submit an order to purchase products through the Service. You must provide all required information (including your name and physical address) or we may not be able to process your order. We may also require additional verifications or information before accepting any order.
3.3 No order shall be deemed accepted by us until the checkout process has been completed and you receive a confirmation email indicating that your selected payment method has been charged for your purchase.
3.4 You will receive a subsequent email notifying you when your order has been shipped and providing you with delivery tracking information.
3.5 By submitting an order on the Service, you agree to be bound by our Returns and Refunds Policy, available at https://www.missionstatement.com/pages/returns-policy.
3.6 This Service is not designed to solicit or collect information of any kind from persons under the age of 13, and we do not knowingly collect any information from persons under the age of 13. Please do not use this service if you are younger than 13. If you are under 18, you may use our Service only with the involvement of a parent or guardian. Therefore, by accessing this website, you affirm that you are either more than 18 years of age, or an emancipated minor over the age of 13, or you are over age 13 and possess legal parental or guardian consent, and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
3.7 We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
4. Payment for goods
4.1 PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE SERVICE ARE SUBJECT TO CHANGE WITHOUT NOTICE.
4.2 The price payable by you for orders accepted by us shall be the price quoted on the Service for the relevant products at the time your order is submitted (subject always to Section 5 below, in relation to incorrect prices), together with the applicable delivery fees (which are payable in addition to the price of the products). Except where specifically stated in relation to a particular product, the prices for the products are stated and are payable in United States dollars (USD) and are valid and effective only in the United States.
4.3 You shall pay for your orders by credit card or any other accepted payment method using the online transactions facilities provided at https://www.missionstatement.com. You represent and warrant to MISSION STATEMENT that such payment information is true and accurate and that you are authorized to use the payment instrument.
4.4 If there is a problem with your payment (for example, if your credit card transaction is declined), we may contact you to make alternative payment arrangements. If you dispute any charges, you must inform MISSION STATEMENT within thirty (30) days upon receipt of MISSION STATEMENT’s invoice.
4.5 We reserve the right to change any prices or fees on the Service at any time without notice to you. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
4.6 Items which are advertised as discounted have been advertised and offered for sale at the higher price before the relevant sale commenced. However, by using the Service, you acknowledge that such items may have been sold at a lower price from time to time.
5. Availability and Cancellation
5.1 All orders placed through the Service are subject to MISSION STATEMENT’s acceptance, and orders and timing of delivery further remain subject to the availability of products. This means that MISSION STATEMENT may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, MISSION STATEMENT will issue you a refund. If a product is out-of-stock or available to be purchased as a pre-order, that will be indicated to you on the Service. We may revise the range of products available or the specifications of any product at any time without notice to you.
5.2 Where any product is listed on this Service with an incorrect price or with incorrect information, we reserve the right to reject or cancel your order (regardless of whether you have made payment for that order). You acknowledge and agree that we have no obligation to sell any product where that product is listed with an incorrect price or with incorrect information. Where you have already made payment for an order that is subsequently rejected or cancelled by us, we will refund the full amount paid by you in relation to the product ordered. MISSION STATEMENT is not responsible for technical, typographical or other errors regarding price or any other matter.
6. Delivery and Delivery Fees
6.1 Products purchased online from this Service are eligible for delivery to addresses in the United States only.
6.2 The applicable delivery fees are clearly displayed in U.S. currency at the time of purchase.
6.3 Once we have accepted your order, we will begin processing your order as quickly as possible. Please keep in mind that orders may take up to 6-8 business days to process before they are shipped. For pre-orders, it may take up to 4-6 weeks to receive your order, unless otherwise specified on the Service.
6.4 Although we will try our best to meet delivery timeframes where possible, all delivery timeframes are estimates only and we will not be liable for any loss, expense, or other damage caused by any delay in delivery.
6.5 We retain ownership and title of the products we supply to you until we have received payment for the full price for the products and the applicable delivery charges. The risk of loss and title for items purchased by you pass to you upon delivery of the items by our fulfillment center to the shipping carrier. We do not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded item.
6.6 We will not be responsible or liable for anything that happens to any order that is delivered in accordance with any delivery instructions you provide (if applicable).
7. Customs, Duties and Taxes
7.1 All orders are shipped from the United States. The Service is currently set up to deliver products to locations within the United States only. If the Service is expanded to permit delivery of products to locations outside the United States, all provisions of this Section 7 shall apply.
7.5 Actual shipping costs and applicable taxes will be reflected on your order page during the checkout process before you are asked to confirm and place your order. Delivery costs are described [in Section 6 above][ https://www.missionstatement.com/pages/shipping-policy]]. Applicable sales and use taxes will vary based on the location to which products are being shipped. Delivery costs and applicable sales and use taxes are not stated on the product pages but will be added to the product price after you have chosen your delivery options.
7.6 The fact that we may not be obligated, under the laws of the jurisdiction in which a purchaser of our products is located or to which our products are being shipped, to collect sales tax with respect to the purchase of such products shall not be deemed to constitute a representation on our part that such products are not subject to use tax or any other tax applicable under the laws of such jurisdiction or any other jurisdiction in which such products may be owned or used.
8. Disclaimer in Relation to Products and Product Descriptions
8.1 You agree to waive any and all claims against the Released Parties (as defined in Section 9.2) for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, in connection with the use of our products. MISSION STATEMENT PRODUCTS ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY, REPRESENTATION, CONDITION OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED. MISSION STATEMENT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IF A PRODUCT OFFERED THROUGH THE SERVICES IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICY, AVAILABLE AT HTTPS://WWW.MISSIONSTATEMENT.COM/PAGES/RETURNS-POLICY.
8.2 Notwithstanding the foregoing, we may, in our sole discretion, repair or replace a defective product or provide a refund of the purchase price.
8.3 We try our best to be as accurate as possible in our product descriptions. However, we do not warrant that the product descriptions or other content of this Service are accurate, complete, reliable, current, or error-free. The colors you see will depend on your monitor and we cannot guarantee that your monitor’s display of any color will be accurate. All features, content, specifications, sizes and prices of products and services described or depicted on the Service are subject to change at any time without notice. Certain weights, measures and similar descriptions may be approximate and are provided for convenience only. Packaging may vary from that shown. Although all reasonable care is taken to ensure that photographs appearing on this Service reflect as accurately as possible the actual size of products, you acknowledge that due to the inherent difficulties with photographing certain items, some products may appear larger or smaller than their actual size when represented on this Service.
8.4 The product images on the Service are representative and are not necessarily photographs of the actual product you will receive.
8.5 MISSION STATEMENT assumes no liability or responsibility for any errors or omissions on this Service.
9. Disclaimer in Relation to Service/Limitation of Liability
9.1 Your use of this Service and material from this Service is at your own risk. MISSION STATEMENT assumes no liability or responsibility for any damage to you, your computer, or your other property, due to your access to, use of, or downloading of this Service or any materials provided on this Service.
9.2 THE SERVICE AND THE CONTENTS OF THE SERVICE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, QUALITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION PROVIDED BY US IN CONNECTION WITH YOUR USE OF THE SERVICE, OR THAT THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DATA, FILES, AND/OR OTHER INFORMATION STORED ON A SERVER OWNED OR UNDER OUR CONTROL OR IN ANY WAY CONNECTED WITH THE SERVICE, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR SECURE. WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU OR ANY THIRD PARTY SUBMITS, POSTS OR SENDS OVER THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR YOUR CONTENT AND SUBMISSIONS AND THE CONSEQUENCES OF POSTING OR PUBLISHING SUCH MATERIALS, AND YOU AGREE THAT WE ARE ONLY ACTING AS A PASSIVE CONDUIT FOR YOUR AND OTHER USERS’ ONLINE DISTRIBUTION AND PUBLICATION OF CONTENT PROVIDED BY YOU AND THEM.
9.3 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR PARENTS, SUBSIDIARIES, AFFILIATES, OR ANY OF THEIR DIRECTORS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, THIRD PARTY LICENSORS, THIRD-PARTY PUBLISHERS, OR NECESSARY THIRD-PARTY PLATFORM PROVIDERS, (COLLECTIVELY, THE “RELEASED PARTIES”), BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR OTHER DAMAGES OR LOSSES ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICE PROVIDED HEREUNDER, ANY PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, AND/OR ANY OTHER INTERACTIONS WITH US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, RECKLESSNESS, PROFESSIONAL NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS OR LEGAL THEORY. WITHOUT LIMITATION OF THE FOREGOING, THE TOTAL LIABILITY OF THE RELEASED PARTIES FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SERVICE OR ANY CLAIMS RELATING TO THIS AGREEMENT OR ANY CONTENT SHALL NOT EXCEED THE AMOUNTS, IF ANY, PAID BY YOU TO US DURING THE PAST TWELVE MONTHS IN CONNECTION WITH YOUR ACCESS TO THE SERVICE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY PORTION OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
9.4 To the maximum extent permitted by law, we do not accept responsibility or liability for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Service or any linked Service, including any such loss arising out of your use of or reliance on information contained on, or accessed through, this Service, or concerning any product ordered by you from this Service.
9.5 If the limitation of liability in Sections 9.3 and 9.4 above is held to be invalid in whole or in part, then our maximum aggregate liability to you for all damages, costs, and expense (other than for any damage, cost and expense that cannot be limited at law) will not exceed the amount of USD $50.00.
9.6 You agree to defend, indemnify and hold harmless the Released Parties from and against any and all liabilities, losses, damages, claims and expenses, including, without limitation, attorneys’ fees, arising or resulting from (i) your access, use or misuse of, or reliance upon, the Service, (ii) your actual or alleged violation or breach of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; (iv) any content, including Submissions, provided by you or through use of your account; (v) any claims that your use of the Service caused damage to a third party; and/or (vi) violations of any and all applicable laws, rules or regulations from any jurisdiction. MISSION STATEMENTMISSION STATEMENT 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 fully with us in the defense of any claim that is the subject of your obligations hereunder. For the avoidance of doubt, this Section 9 shall survive the termination of this Agreement.
10. Intellectual Property Rights
10.1 All content, graphics, text, code and software used on or incorporated into the Service, and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to MISSION STATEMENT and all rights thereto are specifically reserved. As between you and MISSION STATEMENT, (or any other company whose marks appear on the Service), MISSION STATEMENT (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Service, and is the copyright owner or licensee of the materials and content contained therein, unless otherwise indicated.
10.2 You must not in any form or by any means, without our prior written permission from us:
(a) use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, publish, transmit in any way, or create derivative works from, any material available through or on this Service or any part of this Service generally; or
(b) use any material available through or on this Service, or any information, products or services obtained from any part of this Service, for a commercial purpose..
10.3 The MISSION STATEMENT logos, designs, titles, phrases, product names, photographs, images, videos, trade and service names and logos, copyrights trademarks, service marks, trade dress and/or other intellectual property in such materials are owned by MISSION STATEMENT and may be registered in the United States and internationally. You are not allowed to use or reproduce any such trademarks in the course of trade, and you may only use such trademarks to access, view, or interact with this Service for your own personal and non-commercial purposes. Nothing contained on the Service should be construed to grant any license or right to use any MISSION STATEMENT intellectual property without the prior written consent of MISSION STATEMENT.
10.4 Unless we agree otherwise in writing, you are provided with access to this Service for your personal use, non-commercial use only. You are authorized to print a copy of any information contained on this Service for your personal, non-commercial use, unless such printing is expressly prohibited by a notice or other communication on this Service. Unless we give you written permission in advance, any other use of this Service, its content and its information, including linking or framing to this Service, is strictly prohibited.
12. Idea Submissions
12.1 MISSION STATEMENT welcomes your comments and suggestions on this Service and products, but MISSION STATEMENT does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its products or any new products.
12.2 MISSION STATEMENT does not accept unsolicited ideas for new products, packaging, marketing, advertising, research, business operations and the like. Should you ignore this policy and submit an idea to MISSION STATEMENT, you agree that the idea becomes and remains the sole and exclusive property of MISSION STATEMENT without further liability or compensation to you.
12.2 If you provide MISSION STATEMENT with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, all such submissions shall be deemed the property of MISSION STATEMENT, and your submission of information shall constitute an assignment to MISSION STATEMENT of all worldwide rights, titles, and interests in such information. You warrant that MISSION STATEMENT may publish such information, use it as part of its operations, and incorporate its concepts in MISSION STATEMENT products without liability or compensation to you.
12.3 MISSION STATEMENT will not be liable for any use or disclosure of any such information submitted to MISSION STATEMENT or have any obligation to keep such information confidential, and will be free to reproduce, use, disclose and distribute the information to others without limitation. MISSION STATEMENT will be free to use any ideas, concept, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.
11. Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. While we, through Shopify, take reasonable steps to preserve the security of information transmitted in connection with the Service, we and Shopify do not warrant and cannot ensure the security of any information which you transmit to us or Shopify. Accordingly, any information which you transmit to us or Shopify is transmitted at your own risk, and you assume all responsibility and risks arising in relation to your use of this Website, the Service, and the Internet.
12. General Warnings
12.1 We may from time to time offer discounts and promotions for our goods and services. The specific terms and conditions of those discounts and promotions will be located on a specific location on our Service, however, the terms and conditions of this Agreement apply to those discounts and promotions in addition to any specific terms and conditions and, in the event of conflict between any term of those specific terms and conditions and this Agreement, the terms and conditions of this Agreement shall prevail. The provision of any such offers may be removed from this Service at any time and without prior notice in our complete discretion.
12.2 You must ensure that your access to this Service is not illegal or prohibited by laws which apply to you. You agree not to use this Service for any purpose that is unlawful or to engage in any conduct that may impair or cause damage to the operation of this Service whether by way of a virus, corrupted file or through any other means.
12.3 You must take your own precautions to ensure that the process which you employ for accessing this Service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system or data.
12.4 Details contained on this Service relating to goods or services have been prepared in accordance with United States law and may not satisfy the laws of any other country. We do not warrant that the details on this Service concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside the United States) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this Service.
13. Linked Services and Advertisements
The Service may contain links to services operated by or on behalf of MISSION STATEMENT or its affiliates, and links to third-party services. Your use of all such services are subject to the applicable policies of those services. These links are provided as a convenience to you. MISSION STATEMENT does not control and is not responsible for the content of such third-party services or the conduct of the operators of such third-party services, and does not make any representations regarding the accuracy, availability, suitability, safety of information, copyright or other statutory or regulatory compliance, legality or decency of any of the content or other materials on such third-party services. MISSION STATEMENT encourages you to exercise discretion while browsing the Internet. If you decide to access linked third-party services, you do so at your own risk. By linking to a site or permitting a link to this Service, MISSION STATEMENT does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties through the Services.
You must not create any hyperlink, hotlink, inline link, or direct link (each a “hyperlink”) to this Service (or any file on this Service) or embed any page of (or content on) this Service on another Service (using a frame, iframe, or otherwise) for a commercial purpose without our prior written permission in each instance. If you would like to create a hyperlink to this Service for a commercial purpose, please contact us at email@example.com. If you do create a hyperlink to this Service or embed this Service, or any part of this Service, in another Service, you will do so at your own risk and you will be responsible for all losses (whether direct or indirect) that we may suffer as a result of that hyperlink or embedding and by doing so you agree to indemnify us against all claims arising from, or in connection with, that hyperlink or embedding.
16. Email Communications
16.1 We may preserve the content of any email or other communication you send us for our business purposes, including if we believe we have a legal requirement to do so. Such electronic communications may be monitored by us, including for trouble-shooting or maintenance purposes or if any form of email abuse is suspected.
16. Termination of Access
MISSION STATEMENT reserves the right to terminate, suspend, or change any service or feature of the Service at any time, for any reason or no reason, with or without notice to you, at its sole discretion. ADDITIONALLY, WE MAY TERMINATE AND/OR SUSPEND YOUR ACCOUNT OR USER PROFILE FOR VIOLATION OF THIS AGREEMENT OR VIOLATION OF ANY OTHER POLICY RELATED TO THE SERVICE (INCLUDING THE POLICIES OF SHOPIFY). WE ALSO RESERVE THE RIGHT TO CANCEL ANY SALES AND PROMOTIONS (INCLUDING WITHOUT LIMITATION, CONTESTS OR SWEEPSTAKES) OR OTHER SPECIAL EVENTS, IN OUR SOLE DISCRETION, WITHOUT PRIOR NOTICE AND WITHOUT ANY RESTRICTIONS. The terms and conditions set forth in this Agreement continue to remain in full force and effect until such time as terminated by either you or MISSION STATEMENT. Upon termination for any reason, Sections 8, 9 (Disclaimers; Limitation on Liability; Indemnity), and 17 (Governing Law), together with any licenses granted to MISSION STATEMENT hereunder, will survive. You may terminate this Agreement at any time by deleting your user account on the Service and discontinuing use of all parts of the Service. Upon termination of this Agreement for any reason, you shall immediately cease using the Service.
17. Governing Law/Binding Arbitration/Class Action Waiver
17.1 This Agreement and your use of the Service shall be governed by laws of the State of California, without regard to its conflict of laws principles.
17.2 A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings. You and MISSION STATEMENT agree that any cause of action arising out of or related to the Service shall be heard under California law and must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
17. 3 Both you and MISSION STATEMENT waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the Service and/or your account, or products purchased through the Service as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. You understand that, in return for agreement to this provision and the dispute provision above, we are able to offer the Service at the terms designated, and that your assent is an indispensable consideration to this Agreement. YOU ALSO ACKNOWLEDGE AND UNDERSTAND THAT, WITH RESPECT TO ANY DISPUTE WITH ANY RELEASED PARTIES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE OR THIS AGREEMENT, THAT YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE. (This waiver, and the similar waiver specified for arbitration proceedings, are generally referred to herein as "the class action waiver.")
17.4 You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in this Agreement by doing the following: within fifteen (15) days of setting up your account, you must send a letter to 9200 W. Sunset Blvd, Suite 600, Los Angeles, CA 90069 that specifies (1) your name, (2) your account username, (3) your mailing address, and (4) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in this Agreement. All other terms set forth herein shall continue to apply to you, including the requirement to participate in informal negotiations. Notwithstanding any provision in this Agreement to the contrary, we agree that, if MISSION STATEMENT makes any future change to the dispute resolution procedure and class action waiver provisions (other than a change to MISSION STATEMENT’s address), you may reject any such change by sending a letter to MISSION STATEMENT within fifteen (15) days of the change to the address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. Your letter must be postmarked by the applicable 15-day deadline to be effective. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable 15-day deadline.
18.1 MISSION STATEMENT shall not be liable for its failure to comply with the obligations set forth in this Agreement where such failure is due to circumstance beyond our reasonable control.
18.2 The failure of MISSION STATEMENT to insist upon or enforce any of the provisions of this Agreement, or to exercise any rights or remedies under this Agreement, will not be construed as a waiver of MISSION STATEMENT’s right to assert or rely upon any such provisions, rights, or remedies in that or any other instance; rather, the same will be and remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
18.3 If any of the terms or conditions of this Agreement, or any part of a particular term or condition, is or are held to be invalid, unenforceable or illegal for any reason, such term or condition (or part thereof) shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remaining terms and conditions of this Agreement, or the remaining part of a particular term or condition of this Agreement as the case may be, shall nevertheless remain in full force.
18.4 You may not assign, sublicense, or transfer this Agreement or any rights or obligations hereunder without our prior written consent. Any such attempted assignment, sublicense, or transfer will be null and void and we, in our sole discretion, shall have the right to immediately terminate this Agreement.
18.5 This Agreement is the complete and exclusive agreement between the parties and supersedes all provisions and contemporaneous agreements, proposals and communications with respect to this subject matter. This Agreement may not be altered, supplemented, or amended by the use of any other document(s), unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with the Agreement is in conflict or inconsistent with these Terms of Service, the Agreement shall take precedence.
18.6 Nothing contained in this Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.
18.7 Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
18. 8 All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at firstname.lastname@example.org, if by email, or to us at the address below if by conventional mail. Notices to you may be sent to the email or billing address supplied by you as part of your account or user profile, if any. In addition, we may broadcast notices or messages through the Service to inform you of changes to the Service or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
18.9 You agree that no joint venture, partnership, employment, or agency relationship exists between MISSION STATEMENT and you as a result of this Agreement or your use of the Service.
You may contact MISSION STATEMENT at the following address:
9200 West Sunset Blvd., Suite 600
Los Angeles, CA 90069
You can also contact us by email at: email@example.com
19. Notice to California Users
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information MISSION STATEMENT shares with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: 9200 W. Sunset Blvd, Suite 600, Los Angeles, CA 90069. In your request, please specify that you want a "Your MISSION STATEMENT California Privacy Rights Notice". Please allow thirty (30) days for a response.
Items currently on PRE-ORDER will not be charged at the time of your order. However, please note that the payment card you enter will be pre-authorized for the total amount of your order at the time you press the “Complete order” button below. MISSION STATEMENT will then maintain your card information in our files until the products in your pre-order are ready to ship, up to 10-12 weeks from the date of your order. At that time, we will charge your card the total transaction amount listed at right. Please note that we may contact you after 30 days to advise you of the status of your pre-order and/or reconfirm that we may maintain your card on file. If you do not respond, or if your card is no longer valid at that time we seek to charge the total transaction amount, your order will be cancelled
Questions: Should you have any questions regarding this Agreement, you may contact us at: firstname.lastname@example.org.
These Terms of Service were last updated on October 16, 2016.