Terms of Service

 

TERMS & CONDITIONS

Terms of Use

Effective Date: February 17, 2019

Welcome to Sweat Pretty Brand website (“Site”). This website is offered as a service to our customers. Sweat Pretty, and its affiliates appreciate your interest in our company and your visit to this Site. The following terms of use (“Terms”) set forth the basic rules that govern your use of this Site.


1. Introduction

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. THEY GOVERN YOUR USE OF THE SITE. IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, YOU MAY NOT USE THE SITE.Your use of this Site constitutes your knowledge, understanding, and acceptance of the Terms, and your agreement to be bound by the Terms. Sweat Pretty may change, edit, modify, delete, revise, or update the Terms from time to time without notice, and your use of this Site after any changes, edits, modifications, deletions, revisions, or updates posted to the Site constitutes your agreement to comply with the posted Terms.

2. Trademarks.

The trademarks, trade names, trade dress, logos, and service marks (collectively, the "Trademarks") displayed on this Site are the registered and/or unregistered Trademarks of our partners, or such other third party that may own the displayed Trademarks. Nothing contained on this Site or in the Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Site without the written permission of Sweat Pretty or such other third party that may own the displayed Trademarks.

3. Site Contents and Copyrights.

The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on this Site (“Content”) are all subject to patent, copyright, trademark and other intellectual property protection. Content may not be copied for commercial use or redistribution, nor may Content be modified, processed, or reposted to other websites. Access to and uses of this Site are solely for your purchase of products for personal use, information, education and communication with Sweat Pretty. You may download copy or print the Content of this Site for your personal non-commercial use only. No right, title or interest in any of the Content of this Site is transferred to you as a result of any downloading, copying, printing or use of this Site. All rights not expressly granted to you by these Terms are reserved.

4. User Comments and Other Submissions.

While Sweat Pretty desires to receive feedback and testimonials from its customers (“Submission(s)”), please do not send Sweat Pretty any unsolicited creative or original concepts, ideas, materials or products, confidential or proprietary information, or the like.

5. Prohibited Uses.

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this Site, other websites, or the Internet. We reserve the right to terminate your use of the Site for violating any of the prohibited uses.

6. Registration, Accounts and Passwords.

You are responsible for the personal protection and security of any password or username that you may use to access this Site. You are responsible for all direct or indirect damages and liable for all activity conducted on this Site that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to Sweat Pretty.

7. Site Updates.

Sweat Pretty undertakes no obligation to update, amend or clarify information on this Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on this Site should be taken to indicate that all information on the Site has been modified or updated. Please remember when reviewing information on this Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete.

On occasion, information on this Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product availability, special offers, product promotions, pricing information, product descriptions, or product shipping charges and transit times. Sweat Pretty reserves the right to, at any time without prior notice, correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate (including after you have submitted your order).

8. Product and Pricing Information.

This Site, Content, product information, and any products sold through the Site into permitted jurisdictions are intended to comply with U.S. federal laws and regulations. Some products cannot be shipped to certain jurisdictions. If you are a non-U.S. based user, be advised that other countries may have laws, regulatory requirements, and product safety requirements that are different than those in the U.S.

Sweat Pretty reserves the right, but is not obligated, to limit the sales of its products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All product descriptions, product designs and product pricing are subject to change at any time without notice at the sole discretion of Sweat Pretty. Sweat Pretty has no obligation to incorporate design changes in products previously purchased. Sweat Pretty reserves the right to discontinue any product at any time. For your protection, we reserve the right to cancel any order at any time. Any offer for any product or service made on this Site is void where prohibited. After placing an order you will receive a copy of your order via email. Please verify that your order is correct and email info@sweatprettybrand.com as soon as possible if something is incorrect. The price of an item is final at the time of sale.

9. Payments.

Personal checks cannot be accepted. Please use credit/debit cards or Sweat Pretty gift certificates for payment. If you use your debit card (or any card linked to your checking account), the amount of your purchase may be charged to your account at the time of sale, or at the time of order fulfillment. The funds reserved for your order may be held by the bank, even though the transaction has not been finalized. The length of the hold is determined by your bank. Since debit cards are linked to cash accounts, changes or adjustments to your order can result in multiple pending transactions on your account. Sweat Pretty is not responsible for loss or inconvenience due to held funds.

10. Resale of Product.

You shall not use the www.sweatprettybrand.com to purchase products for re-sale or export. Sweat Pretty reserves the right to immediately bar access to the Site and terminate the account of any user who violates this provision.

11. Limitations on Liability.

YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE: (1) THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE; AND (3) THAT SWEAT PRETTY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR SITE, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF GLYDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL GLYDER’S TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS SITE EXCEED FIFTY ($50) DOLLARS. 

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SWEAT PRETTY’S, ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

12. Disclaimer.

THIS SITE USES COOKIES AND MAY ALSO USE THE SERVICES OF THIRD-PARTY PROVIDERS THAT DEPLOY COOKIES IN CONNECTION WITH THEIR SERVICES. BY USING THE SITE, YOU CONSENT TO THE PLACEMENT OF COOKIES ON ANY DEVICE USED TO ACCESS OUR SITE(S). THE CONTENT PROVIDED ON THIS SITE IS PROVIDED "AS IS” AND “WITH ALL FAULTS.” SWEAT PRETTY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED, AS TO ITS USE, AVAILABILITY, CONTENT ACCURACY, APPROPRIATENESS OR PERFORMANCE OF THIS SITE. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR ITS USE OR NON-USE, AND SWEAT PRETTY MAKES NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM THIS SITE IS COMPATIBLE WITH YOUR COMPUTER OR FREE FROM ERROR OR VIRUSES. NO SWEAT PRETTY EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE EXTENT ALLOWABLE BY EXISTING LAW, SWEAT PRETTY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ITS CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

SWEAT PRETTY RESERVES THE RIGHT TO ALTER OR REMOVE SITE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND SWEAT PRETTY WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION.

13. Indemnification.

YOU AGREE TO INDEMNIFY AND HOLD SWEAT PRETTY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY CLAIMS RELATED TO ORDER REQUESTS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEY FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS SITE OR BREACH OF THE TERMS.

14. Termination.

The Terms will remain in effect until you notify us that you no longer wish to use the Site, or you cease using the Site. Notwithstanding anything in these Terms to the contrary, the parties understand and agree that all terms and conditions of the Terms that may require continued performance, compliance, or effect beyond the termination date of these Terms will survive termination of the Terms and will be enforceable by the parties, including but not limited to Sections 2, 3, 5, 8, 9, 15, 16, 18, 20 and 22. Sweat Pretty may also terminate the Terms at any time and may do so immediately without notice, and accordingly deny you access to this Site, if in Sweat Pretty's sole discretion, you fail to comply with any term or provision of the Terms. Upon any termination of the Terms by either you or Sweat Pretty, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as copies of such materials, whether made under the Terms or otherwise.

15. Notice.

When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. Please verify that your account email address is current and valid. We will use this address to send your order confirmation and shipping information. If you need to change your email address, please call customer support at (888-247-5443). 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.

16. Privacy Statement.

Sweat Pretty is committed to protecting the privacy of the visitors to this Site. For information on how information is collected, used, or disclosed by Sweat Pretty in connection with your use of this Site, please consult our Privacy Policy.