GENERAL TERMS AND CONDITIONS OF SALE AND USE
This website is operated by FlexBreeze™. On this site, the terms “we,” “us,” and
“our” refer to FlexBreeze™. FlexBreeze™ offers this website,
including all information, tools, and services available
on it, to you, the user, subject to your acceptance of all terms,
conditions, policies, and notices stated here.
By visiting this site and/or purchasing one of our products, you engage in our
“Service” and agree to be bound by the following terms and conditions (“Terms and Conditions of
Sale,” “Terms and Conditions of Sale and Use,” “Terms”), including the
additional terms, conditions, and policies referenced herein and/or
accessible via hyperlink. These Terms and Conditions of Sale and Use apply to
all users of this site, including but not limited to users who
browse the site, are sellers, customers, merchants, and/or
content contributors.
Please read these Terms and Conditions of Sale and Use carefully before
accessing or using our website. By accessing or using any part
of this site, you agree to be bound by these Terms and Conditions of Sale and Use.
If you do not agree to all the terms and conditions of this agreement, then
you should not access the website or use the services offered on it. If these
Terms and Conditions of Sale and Use are considered an offer,
acceptance is expressly limited to these Terms and Conditions of Sale and Use.
All new features and tools that will be added
to this store in the future will also be subject to these Terms and Conditions of
Sale and Use. You can view the most recent version of the Terms and Conditions
of Sale and Use at any time on this page. We reserve the right to update, change, or replace any part of these Terms and Conditions
by posting the updated and/or modified terms on our website.
It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after any changes are posted constitutes your acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Our store is hosted on Shopify Inc. They provide us with the e-commerce platform
that allows us to sell our products and services to you.
ARTICLE 1 - TERMS OF USE OF OUR ONLINE STORE
By agreeing to these Terms and Conditions of Sale and Use, you represent that you
are of legal age in your country, state, or province of residence, and that you
have given us your consent to allow any minor dependents
to use this website.
The use of our products for any illegal or unauthorized purpose is prohibited, and you
must not, in connection with the use of the Service, violate the laws of your
jurisdiction (including but not limited to copyright laws).
You must not transmit worms, viruses, or any other code of a destructive nature.
Any breach or violation of these Terms and Conditions of Sale and Use
will result in the immediate termination of your Services.
ARTICLE 2 – TERMS AND CONDITIONS
We reserve the right to refuse access to the services to any
person at any time for any reason.
You understand that your content (excluding your credit card information)
may be transferred unencrypted, which implies (a) transmissions
over various networks; and (b) changes to comply with and adapt to technical requirements
for connecting networks or devices. Credit card information
is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit
any portion of the Service or use of the Service, or access to the Service
or contact on the website through which the Service is provided, without our express prior written permission.
The headings used in this Agreement are included for convenience only and shall not limit or otherwise affect these Terms.
The headings used in this agreement are included for convenience only and will not limit or
affect these Terms.
ARTICLE 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not
accurate, complete, or current. The content of this site is provided for informational purposes only and
should not be your sole source of information for making decisions without
first consulting more accurate, complete, and
up-to-date sources of information. If you decide to rely on the content presented on this site, you do so at
your own risk.
This site may contain certain historical information. This historical information
is, by its nature, not current and is provided for informational purposes only. We
reserve the right to modify the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your
responsibility to monitor changes to our site.
ARTICLE 4 – CHANGES TO THE SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content of the Service) without notice and at any time.
We shall not be liable to you or any third party for any
price change, suspension, or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Some products or services may be available exclusively online through our website.
These products or services may be available in limited quantities and are subject to return or exchange only according to our Return Policy.
We make every effort to display as accurately as possible the colors and images of our products that appear on our online store.
We have made every effort to display as accurately as possible the colors and
images of our products that appear on our 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 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 product or service we offer. All product descriptions and prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue offering a product at any time.
Any offer for a service or product made on this site is void where prohibited. We do not guarantee the quality of any products, services, information, or other material displayed or offered through the website.
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 merchandise you purchase or obtain will meet your expectations, or that
any errors in the Service will be corrected.
ARTICLE 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
placed by or from 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 modify an order or cancel it, we may attempt to
notify you by contacting you at the email and/or billing address/phone number
provided when the order was placed. We reserve the right
to limit or prohibit orders that, in our sole judgment, appear to be
from merchants, resellers, or distributors.
You agree to provide current, complete, and accurate order and account information
for all orders placed through our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we may
complete your transactions and contact you as necessary.
For more details, please see our Return Policy.
For more details, please see our Return Policy.
ARTICLE 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we
have no oversight, control, or influence.
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 related to your use of these optional third-party tools.
If you decide to use any optional third-party tools offered on the site, you do so at your own discretion and risk, and you should consult the terms and conditions under which the tools are provided by the third party(ies) offering them.
You are responsible for ensuring that the tools meet your specific needs.
If you use the optional tools offered on the site, you do so at your own risk and
at your own discretion, and you should review the terms and conditions under which these tools are
offered by the relevant third-party provider(s).
We may also offer new services and/or new
features on our site (including new tools and resources). These
new features and services will also be subject to these
Terms and Conditions of Sale and Use.
ARTICLE 8 – THIRD-PARTY LINKS
Some content, products, and services available through our Service may
include items from third parties.
Links from third parties on this site may direct you to third-party websites that are not affiliated with us. We are not obligated to examine or evaluate the content or accuracy of these sites, and we do not guarantee and assume no responsibility for any content, website, product, service, or other material accessible on or from these third-party sites. We are not liable for any harm or damage related to the purchase or use of any goods, services, information, products, or other materials or services available from third-party sites.
item accessible on or from these third-party sites.
We are not responsible for any harm or damages related to the purchase or
use of goods, services, resources, content, or any other transaction
made in connection with these third-party websites. Please review carefully the third-party's policies and
practices and make sure you understand them before you
engaging in any transaction. Complaints, claims, concerns, or questions
regarding the products of these third parties should be submitted to those third parties.
ARTICLE 9 – COMMENTS, SUGGESTIONS, AND OTHER USER SUBMISSIONS
If, at our request, you submit specific content (for example, for contests), or if, without our request, you send creative ideas, suggestions, proposals, or other materials
If, at our request, you submit specific content (for example, to participate in contests), or if, without our request, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise (collectively, “comments”), you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate, and otherwise use any comments in any media.
If we request specific content from you, the submitted material constitutes your agreement to the above terms.
If we do not respond to your submission, you understand that we are not obligated to do so. If you do not wish to grant us the above rights, please do not submit your comments.
grant us the right, at any time and without restriction, to edit, copy, publish,
distribute, translate, and otherwise use in any media any comments you
send us. We are not and shall not be obligated (1) to maintain the
confidentiality of any comments; (2) to pay compensation to anyone for any
comment provided; (3) respond to comments.
We may, but have no obligation to, monitor, edit, or remove
content that we determine in our sole discretion to be unlawful, offensive, threatening,
abusive, defamatory, pornographic, obscene, or otherwise objectionable, or that
violates any intellectual property or these Terms and Conditions of Sale and Use.
You agree to write comments that do not violate the rights of third parties,
including copyrights, trademarks, confidentiality,
personality, or other personal or proprietary rights. You also agree that
your comments will not contain illegal, defamatory, offensive, or obscene content,
nor will they contain computer viruses or other malicious software that could in any way affect the operation of the Service or any
other associated website. You may not use a false email address, pretend to
to be someone you are not, or attempt to mislead us and/or third parties
as to the origin of your comments. You are solely responsible
for all comments you post and their accuracy. We assume
no responsibility and disclaim all liability for any comments you
post or any third party posts.
ARTICLE 10 – PERSONAL INFORMATION
The submission of your personal information to our store is governed by our
Privacy Policy.
ARTICLE 11 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that
may contain typographical errors, inaccuracies, or omissions that
may relate to product descriptions, prices, promotions, offers,
product shipping charges, delivery times, and availability. We
reserve the right to correct any errors, inaccuracies, or omissions, and to change or
update information or cancel orders if any information
in the Service or on any related website is inaccurate at any time without
notice (including after you have submitted your order).
We are not obligated to update, modify, or clarify information
in the Service or on any other associated website, including but not limited to
price information, unless required by law. No specific date for updates or
updates in the Service or on any other associated website should be taken into
account to conclude that the information in the Service or on any other associated website
has been modified or updated.
ARTICLE 12 – PROHIBITED USES
In addition to the prohibitions set forth in the Terms and Conditions of Sale and Use,
you are prohibited from using the site or its content: (a) for illegal purposes; (b) to incite
others to perform or participate in any illegal acts; (c) to violate any
regional ordinance or any international, federal, provincial, or state law, rule, or regulation;
(d) to infringe upon or violate our intellectual property rights or those
of third parties; (e) to harass, abuse, insult, harm, defame, slander,
denigrate, intimidate, or discriminate against anyone 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 a manner that compromises the functionality or operation of the Service or any
other associated or independent website or the Internet; (h) to collect or track the
personal information of others;
(i) to spam, phish, hijack a domain, extort information, browse, explore, or scan the web (or any other
resource); (j) for obscene or immoral purposes; or (k) to violate or circumvent
the security measures of our Service, any other website, or the Internet.
We
reserve the right to terminate your use of the Service or any related website for
violating the prohibited uses.
ARTICLE 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee or represent that your use of our Service
will be uninterrupted, timely, secure, or error-free.
We do not guarantee that the results that may be obtained from the
use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for
indefinite periods of time or cancel the Service at any time, without notice to you
.
You expressly agree that your use of the Service, or your inability to use
it, is at your sole risk. The Service and all products and services provided to you
through the Service are (unless otherwise expressly stated by us)
provided “as is” and “as available” for your use, without representation,
warranties, or conditions of any kind, either express or implied, including all
implied warranties of merchantability or merchantable quality, fitness for a
particular purpose, durability, title, and non-infringement.
FlexBreeze™, our directors, officers, employees, affiliates, agents,
contractors, interns, suppliers, service providers, and licensors shall not be liable
in any way for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, loss of profits, revenue, savings, data, replacement costs, or any similar damages, however caused and whether based on contract, tort, strict liability, or otherwise, even if we have been advised of the possibility of such damages.
nature whatsoever, including but not limited to loss of profits, revenue,
savings, data, replacement costs, or any similar damages, whether
contractual, tortious (including negligence), strict liability, or
otherwise, arising out of your use of any service or product from this Service, or
any other claim related in any way to your use of the
Service or any product, 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
Service or any content (or product) posted, transmitted, or otherwise made available through
through the Service, even if you have been advised of the possibility of their occurrence. Because
some states or jurisdictions do not allow the exclusion or limitation of
liability for consequential or incidental damages, our liability will be
limited to the maximum extent permitted by law.
ARTICLE 14 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless STORE NAME, our
parent company, subsidiaries, affiliates, partners, officers, directors, agents,
contractors, licensors, service providers, subcontractors, suppliers, interns
and employees, from and against any claim or demand, including reasonable
attorney's fees, made by any third party due to or arising out of your violation of these
Terms and Conditions of Sale and Use or the documents they reference,
or your violation of any law or the rights of a third party.
ARTICLE 15 – SEVERABILITY
In the event that any provision of these General Terms and Conditions of Sale and
Use is deemed illegal, void, or unenforceable, that provision shall nevertheless
be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these General Terms and Conditions of
, and this severability shall not affect the validity and enforceability of
all other remaining provisions.
ARTICLE 16 – TERMINATION
The obligations and responsibilities incurred by the parties prior to the date of termination
shall remain in effect after the termination of this agreement for all purposes.
These Terms and Conditions of Sale and Use are effective unless and until
terminated by either you or us. You may terminate these Terms and Conditions
of Sale and Use at any time by notifying us that you no longer wish to
use our Services, or when you cease using our site.
If we determine, in our sole discretion, that you have failed, or if we suspect that
you have been unable to comply with the terms of these Terms and Conditions of Sale and Use, we may also terminate this agreement at any time without
advance notice, and you will remain liable for all amounts due up to
the date of termination (inclusive), and/or we may deny you access to our
Services (or any part thereof).
ARTICLE 17 – ENTIRE AGREEMENT
Any failure on our part to exercise or enforce any right or provision of these Terms and Conditions of Sale and Use shall not
constitute a waiver of such right or provision.
These Terms and Conditions of Sale and Use or any other policies or operating rules
we post on this site or in relation to the Service constitute
the entire agreement and understanding between you and us and govern your use of the
Service, and supersede all prior or contemporaneous communications, proposals, and agreements,
whether oral or written, between you and us (including, but not limited to,
any prior versions of the Terms and Conditions of Sale and Use).
Any ambiguity in the interpretation of these Terms and Conditions of Sale and
Use shall not be construed against the drafting party.
ARTICLE 18 – APPLICABLE LAW
These Terms and Conditions of Sale and Use, as well as any other separate agreement
through which we provide Services to you, shall be governed by and construed in accordance with the
laws of FlexBreeze™.
ARTICLE 19 – CHANGES TO THE TERMS AND CONDITIONS OF
SALE AND USE
You can view the most recent version of the Terms and Conditions of Sale and
Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or
replace any part of these Terms and Conditions of Sale and Use by posting
updates and changes on our website. It is your responsibility to visit our website
regularly to check for any changes. Your continued use
of or access to our site following the posting of any changes to these
Terms and Conditions of Sale and Use constitutes acceptance of those
changes.
ARTICLE 20 – CONTACT INFORMATION
Questions regarding the Terms and Conditions of Sale and Use should be sent to us
via email