Terms and Conditions
TERMS OF SERVICE
OVERVIEW
This website (the “Site”) is operated by 261 Fearless, Inc. Throughout the Site, the terms “we”, “us” and “our” refer to 261 Fearless, Inc. We offer this Site, including all information, tools, and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, and notices stated here.
Visiting or purchasing from our Site constitutes your agreement, to be bound by these terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions referenced herein or available by hyperlink. These Terms of Service apply to all those who access the Site, including without limitation users who are browsers, vendors, customers, merchants, or contributors of content. “Service” shall mean all of the functionality of the Site provided by us and our agents.
Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting to the Site any such updates or changes. Your continued use of or access to the Site following the posting of any changes constitutes your agreement to be bound by the Terms of Service, as amended or supplemented.
Our store is hosted on Shopify Inc. which provides us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
Use of the Site constitutes your representation that either (i) you are at least the age of majority in your state or province of residence, or (ii) that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.
You may not use our Service or products for any illegal or unauthorized purpose (including but not limited to any activity which may violate any applicable trademark and copyright laws).
We reserve the right to block access to the Site with respect to any person(s) who breaches or violates of any of the Terms.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse our Service to anyone for any reason at any time.
Your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion, of the Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without our express written permission in each instance.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS, TIMELINESS OF INFORMATION, ERRORS, AND OMISSIONS.
We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site.
We shall have no liability to any user for any information on our Site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, or availability. We reserve the right to, without prior notice and at any time, correct any such errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related Site is inaccurate.
We undertake no obligation to update, amend, or clarify information in the Service or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh applied in or to the Service or on any related site shall in no way be deemed a modification or update of or to all information in the Service or on any related Site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify, suspend, or discontinue the Service (or any part or content thereof) for indefinite periods of time, or cancel the Service at any time, without notice.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy as stated on the Site for such products or services.
We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right to limit the sales of our 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 descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail, billing address, or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information with respect to all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access, either on the Site or via a hyperlink or other means, to third-party tools over which we neither monitor nor have any control nor input.
We provide access to such tools “as is” and “as available” without any warranties, representations, or conditions and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
In the future we may offer new services or features through the Site (including, the release of new tools and resources). Such new features or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this Site may direct you to third-party Sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we make no representation with respect to an do not warrant any third-party materials or Sites, or any other materials, products, or services of third-parties.
We shall have no liability whatsoever arising from or relating to your use of third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send us ideas, suggestions, proposals, plans, or other materials, including specific requested submissions such as contest entries, whether online, by email, by postal mail, or otherwise (collectively, “comments”), we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We will be under no obligation to maintain any comments in confidence, pay compensation for any comments, or respond to any comments. You hereby agree and acknowledge that all Comments shall become our sole property upon any such transmission to us.
We may monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or violates any party’s intellectual property rights or these Terms of Service.
SECTION 10 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, 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, provincial 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 the Service or of any related website, other Sites, 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 the Service or any related website, other Sites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violation of any of the foregoing prohibited uses.
261 and 261 Fearless are globally registered trademarks and service marks of 261 Fearless, Inc. Any use of these trademarks and service marks without the express written authorization from 261 Fearless, Inc. is strictly prohibited.
SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We neither warrant nor guarantee that the results that you realize or obtain from your use of the Service will be consistent accurate or reliable.
We neither warrant nor guarantee that the quality of our products or Services will meet your expectations.
Our Service and all products and services delivered to you through our Site are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall 261 Fearless Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Site and/or the Service, or for any other claim related to your use of the Site and/or the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site and/or the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
SECTION 12 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless 261 Fearless Inc. and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees and expenses, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 13 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 14 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service on the date that is the later of (i) your notification to us that you no longer wish to use our Services and (ii) your last use of the Site. Any subsequent use of the Site shall invalidate such termination.
If we believe that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and accordingly we may deny you access to our Services or any part thereof.
SECTION 15 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
SECTION 16 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York.
SECTION 17 – CHANGES TO TERMS OF SERVICE
We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and changes to our Site. The Terms of Service, as amended, shall be effective and binding upon you as of the date of posting.
SECTION 18 - CONTACT INFORMATION
Questions about the Terms of Service should be sent by email to shop@261fearless.org or by mail to 261 Fearless, Inc., PO Box 112, Flanders, NJ 07836.