TERMS OF SERVICE
Please Read Carefully.
Updated: October 27, 2017
The online store that 3P Associates, LLC, its affiliates and/or licensors (hereinafter, “Strengthsswag,” “we”, “us” and “our”) provides to you is subject to the terms and conditions set forth herein including the additional terms and conditions and policies referenced herein and/or available by hyperlink herein (“Terms of Service”). Strengthsswag offers this website, including all information, tools, store, products and services available from this website (the “Site”) to you, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. This Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read this Terms of Service carefully before accessing and/or using our Site. By accessing and/or using any part of the Site, you agree to be bound by this Terms of Service. If you do not agree to all the terms and conditions of this Site, then you may not access the Site and/or use any services. You must stop your use of the Site immediately and any continued access to and/or use of our Site is unauthorized.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND STRENGTHSSWAG WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
CHANGES TO TERMS
Strengthsswag may, at any time, for any reason, make changes to (i) this Site, including its look, feel, format and/or content, as well as (ii) the products and/or services as described on this Site. Any new features or tools which are added to the Site shall also be subject to this Terms of Service. You can review the most current version of this Terms of Service at any time by visiting this page of our Site. We reserve the right to update, change and/or replace any part of this Terms of Service by posting updates and/or changes to our Site. We may also provide you additional forms of notice of modifications and/or updates as appropriate under the circumstances. It is your responsibility to check this page periodically for changes. Your continued use of and/or access to the Site following the posting of any changes constitutes acceptance of such changes.
ONLINE STORE TERMS
Hosted by Shopify. Our store is hosted by third party provider, Shopify Inc. (“Shopify”). Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.
Eligibility. By agreeing to this Terms of Service, you represent that you are at least the age of majority in your state or province of residence and have the requisite power and authority to enter into this Terms of Service, or 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.
Site Availability. The Site may be subject to interruptions, loss of data, deletion of data and conditions that prevent the proper operation of the Site resulting from conditions and/or events outside the reasonable control of Strengthsswag and for which Strengthsswag will bear no responsibility. The Site may be modified, updated, suspended and/or discontinued at any time without notice and/or liability. You acknowledge and agree that use of the Site is at your own risk, including without limitation the risk that you might be exposed to content that is offensive, indecent, inaccurate, and/or objectionable. The Site may be modified, updated, suspended or discontinued at any time without notice and/or liability.
Your Responsibilities. You may not use our products and/or Site for any illegal and/or unauthorized purpose and/or to violate any federal, state or international laws in your jurisdiction (including but not limited to copyright laws), code of conduct and/or other guidelines which may be applicable to the Site and/or products provided. You must not transmit any emails and/or materials through the Site that contain a Trojan horse and/or any other harmful component any worms and/or viruses or any code of a destructive nature. You may not access all or any part of the service and/or Site in order to build a product or service which competes with the service and/or Site. You shall not obtain or attempt to obtain any data through any means from the Site, except if we intend to provide and/or make it available to you. You are responsible for the accuracy and quality of the data and content that you submit. A breach and/or violation of any of this Terms of Service will result in an immediate termination of your access to our products and/or Site.
Communications from Strengthsswag. By using our Site and supplying us with information, you agree to receive certain communications in connection with the Site. For example, you might receive comments, promotions, events and/ or features. When you access and/or use the Site, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by e-mail and/or by posting notices on the Site. You agree that all agreements, notices, disclosures and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We reserve the right to refuse service to anyone for any reason at any time. You understand that 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 and/or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell and/or exploit any portion of the Site, use of the service, and/or access to the service and/or any contact on the Site through which the service is provided, without express written permission by us. The headings used in this Terms of Service are included for convenience only and will not limit and/or otherwise affect this Terms of Service.
ERRORS, INACCURACIES, COMPLETENESS AND TIMELINESS OF INFORMATION
Occasionally there may be information on the Site that contain typographical errors, inaccuracies, and/or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. 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 and/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, necessarily, is not current and is provided for your reference only. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, and/or omissions; and/or (iii) make changes to prices, content, promotion offers, product descriptions, specifications, and/or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend, and/or terminate an event, and/or promotion at any time without notice (including after an order has been submitted and/or acknowledged). You agree that it is your responsibility to monitor changes to our Site.
MODIFICATIONS TO THE SERVICE AND PRICES
Pricing relating to offerings and/or products may change at any time in Strengthsswag’s sole discretion, without notice. Strengthsswag may, in its sole discretion, verify a user’s identity prior to processing a purchase. Strengthsswag may also refuse to process, and/or may cancel a purchase, as reasonably deemed necessary, to comply with applicable law and/or to respond to a case of misrepresentation, fraud and/or known and/or potential violations of the law and/or this Terms of Service. We shall not be liable to you or to any third-party for any modification, price change, suspension and/or discontinuance of the Service.
PRODUCTS AND PURCHASES
Certain products may be available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products 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 that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of Strengthsswag. 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. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Site will be corrected.
Additional Rules for Purchases. When purchasing an item, you acknowledge and agree that (a) you are responsible for reading the full item listing and any related descriptions before making a commitment to buy; (b) you enter into a legally binding agreement to buy an item when you click “confirm purchase”; and (c) you agree to abide by the procedures and guidelines for conducting and participating in transactions through the Site including but not limited to this Terms of Service.
Taxes. Each state’s tax laws specify what purchases are subject to sales tax. You acknowledge that you will have sole responsibility for all taxes, duties and other fees and charges relating to such order and you agree to pay all applicable amounts.
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 and/or billing address/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 for 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.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to this Terms of Service.
Certain content, products and services available via our Site may include materials from third-parties (“Linked Sites”). Strengthsswag does not control or endorse such Linked Sites and is not responsible for their content nor is it responsible for the accuracy and/or reliability of any information, data, opinions, advice and/or statements contained within such Linked Sites. The Linked Sites may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase and/or use of goods, services, resources, content, and/or any other transactions made in connection with any third-party websites. You will need to make your own independent judgment regarding your interaction with such Linked Sites at your own risk. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to such third-party. Strengthsswag reserves the right to terminate any link and/or linking program at any time in its sole and absolute discretion. We disclaim all warranties, express and implied, as to the accuracy, validity, and legality and/or otherwise of any materials and/or information contained on such Linked Sites.
PROPRIETARY RIGHTS AND LICENSES
USER CONTENT, FEEDBACK AND OTHER SUBMISSIONS
Feedback. Please keep in mind that we do not seek any unsolicited ideas and/or materials for the Site. If you provide us (in a direct mail, email and/or otherwise) with any feedback, suggestions, improvements, enhancements, recommendations and/or feature requests relating to the Site (“Feedback”), then you further grant to Strengthsswag a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate any such Feedback. Strengthsswag has no obligations to review any Feedback and may use and redistribute Feedback for any purpose without restriction in its sole and absolute discretion.
You also agree to Strengthsswag’s Privacy Statement and consent to any personal information we may obtain about you being collected, stored and/or otherwise processed in accordance with such Privacy Statement and this Terms of Service.
MONITORING AND USE OF SITE
We may, but have no obligation to, monitor, edit and/or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene and/or otherwise objectionable and/or violates any party’s intellectual property rights and/or this Terms of Service. Strengthsswag reserves the right to take any action it deems necessary to protect the personal safety of our guests and/or the public. Strengthsswag has no liability and/or responsibility to users of the Site and/or any other person and/or entity for performance and/or nonperformance of the aforementioned activities.
In addition to other prohibitions as set forth in this Terms of Service, you are prohibited from using the Site and/or its content: (a) for any unlawful purpose; (b) to solicit others to perform and/or participate in any unlawful acts; (c) to violate any international, federal, provincial and/or state regulations, rules, laws, and/or local ordinances; (d) to infringe upon and/or violate our intellectual property rights and/or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, and/or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, and/or disability; (f) to submit false and/or misleading information; (g) to collect and/or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, and/or scrape; (j) for any obscene and/or immoral purpose; or (i) to interfere with and/or circumvent the security features of the Site and/or any related website, other websites, and/or the Internet. You may not interfere with the proper working of the Site, including without limitation by placing an unreasonable load on the Service’s infrastructure. We reserve the right to terminate your use of the Site and/or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE SITE, PRODUCTS, MATERIALS AND/OR ANY CONTENT, ARE PROVIDED BY STRENGTHSSWAG TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS, EXCEPT AS EXPRESSLY SET FORTH IN THIS TERMS OF SERVICE. WE DO NOT GUARANTEE, REPRESENT AND/OR WARRANT THAT YOUR USE OF OUR SITE AND/OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE AND/OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND/OR SERVICE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SITE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, AND/OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. STRENGTHSSWAG DOES NOT MAKE ANY OTHER WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT, ACCURACY, AND FROM COURSE OF DEALING, USAGE AND/OR TRADE PRACTICE, ALL OF WHICH STRENGTHSSWAG EXPRESSLY DISCLAIMS. NO ADVICE AND/OR INFORMATION, WHETHER ORAL AND/OR WRITTEN, OBTAINED BY YOU FROM STRENGTHSSWAG AND/OR THROUGH YOUR ACCESS TO AND/OR USE OF THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF SERVICE.
LIMITATION OF LIABILITY
YOUR USE OF THE SITE, PRODUCTS, MATERIALS AND/OR CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL STRENGTHSSWAG, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS AND/OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, AND/OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, AND/OR CONSEQUENTIAL DAMAGES OF ANY KIND, 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 ANY OF THE SITE, PRODUCTS, MATERIALS AND/OR CONTENT AND/OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE, PRODUCTS, MATERIALS AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY MATERIALS AND/OR CONTENT, AND/OR ANY LOSS AND/OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF SITE, PRODUCTS, MATERIALS AND/OR CONTENT POSTED, TRANSMITTED, AND/OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THE POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND/OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL AND/OR INCIDENTAL DAMAGES, IN SUCH STATES AND/OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. STRENGTHSSWAG’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE, PRODUCTS, MATERIALS AND/OR CONTENT IS LIMITED TO THE LESSER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO STRENGTHSSWAG IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM GIVING RISE TO THE LIABILITY, OR (II) ONE HUNDRED DOLLARS ($100.00).
You agree to indemnify, defend and hold harmless Strengthsswag and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to and/or arising out of and/or in relation to (i) any offerings or products purchased by you through the Site, including but not limited to the payment of any taxes associated therewith; (ii) content submitted and/or posted by you, in connection with the Site, and/or any use of the Site in violation of this Terms of Service; (iii) your violation of any law and/or the rights of a third party (iv) your use of the Site, products, content and/or any breach of this Terms of Service by you, your officers, agents, employees, contractors and/or (v) fraud you commit and/or your intentional misconduct and/or negligence. You shall give prompt notice to Strengthsswag upon your receipt of notice of any claim against you which might give rise to a claim against Strengthsswag.
In the event that any provision of this Terms of Service is determined to be unlawful, void and/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 this Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
DMCA COPYRIGHT POLICY AND COPYRIGHT AGENT
Strengthsswag respects the intellectual property rights of others and expects you to do the same. We reserve the right to block access to and/or remove material that we believe in good faith to be copyrighted material that has been illegally distributed by you and/or other third parties and remove and discontinue service to repeat offenders. We will respond to clear notices of copyright infringement when you provide the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
(iv) Information sufficient to permit Strengthsswag to contact you, such as your physical address, telephone number, and, if available, an electronic mail address;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Contact information for Strengthsswag’s DMCA Agent for notice of claims of copyright infringement is: 3P Associates, LLC, Attn: Copyright Agent, 300 W Central #437, Mount Prospect, IL 60056-2470
The Copyright Agent will not remove content from the Site in response to phone or email notifications regarding allegedly infringing content, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit such notifications by fax or ordinary mail only and as further described by this Article. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Service linked to and/or from the Service. All other inquiries directed to the Copyright Agent will not be responded to.
RESOLUTION OF DISPUTES
Disputes. We want to address your concerns without needing formal legal case. Before filing a claim against Strengthsswag, you agree to try to resolve the dispute informally by contacting us at email@example.com. We will try to resolve the dispute by contacting you via email, but if we cannot resolve the dispute within thirty (30) days of submission, you or Strengthsswag agree to resolve any claims related to this Terms of Service through final and binding arbitration, except forth under ‘Exceptions to Agreement to Arbitrate’ section below.
Opt-Out. You can opt-out and decline this agreement to arbitrate by contacting Strengthsswag within thirty (30) days of the date that you first became subject to this arbitration provision (i.e.: the date you initially accepted this Terms of Service). If you opt out, neither you nor Strengthsswag can require the other to participate in an arbitration proceeding.
Arbitration Procedures. All claims shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association (AAA). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. All information relating to or disclosed by any party in connection with the arbitration of any disputes shall be treated by the parties, their representatives, and the arbitrator as proprietary business information and shall not be disclosed without prior written authorization of the disclosing party. The arbitration shall be held in Chicago, Illinois USA or any other location we agree to. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Exceptions to Agreement to Arbitrate. Either you or Strengthsswag may assert claims, if they qualify, in small claims court in Chicago, Illinois. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, breach of Strengthsswag’s confidential information or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described herein.
Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Strengthsswag agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Chicago, Illinois. Both you and Strengthsswag consent to venue and personal jurisdiction.
Questions about this Terms of Service should be sent to us at firstname.lastname@example.org