Terms of Service
Last Updated: 【November 22, 2020】
1. Agreement to Terms
Welcome to 【ShopWith】. These Terms of Service ("Terms") constitute a legally binding agreement between you and 【ShopWith Inc.】 ("we," "us," or "our") regarding your access to and use of our website 【shop-with.com】 (the "Site") and the products and services offered through the Site.
By accessing or using our Site, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Site.
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.
2. Eligibility
By using our Site, you represent and warrant that:
- You are at least 18 years of age or the age of legal majority in your jurisdiction
- You have the legal capacity to enter into a binding contract
- You are not barred from using the Site under any applicable laws
- All information you provide to us is accurate, complete, and current
If you are using the Site on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.
3. Account Registration and Security
3.1 Account Creation
To access certain features of the Site, you may need to create an account. When creating an account, you must provide accurate and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3.2 Account Security
You agree to:
- Choose a strong password and keep it confidential
- Notify us immediately of any unauthorized access to or use of your account
- Ensure that you log out from your account at the end of each session
- Not use another user's account without permission
We reserve the right to disable any user account at any time if, in our opinion, you have failed to comply with these Terms or if we suspect fraudulent or abusive activity.
4. Products and Orders
4.1 Product Information
We strive to provide accurate product descriptions, images, pricing, and availability information. However, we do not warrant that product descriptions or other content on the Site is accurate, complete, reliable, current, or error-free. Product colors may appear differently on different devices and displays.
4.2 Pricing
All prices are listed in 【USD ($)】 and are subject to change without notice. Prices do not include applicable taxes or shipping fees unless otherwise stated. We reserve the right to correct pricing errors and to cancel orders placed at incorrect prices.
4.3 Order Acceptance
Your receipt of an order confirmation does not constitute our acceptance of your order. We reserve the right to accept or decline your order for any reason, including but not limited to:
- Product unavailability
- Errors in product or pricing information
- Suspected fraud or unauthorized activity
- Violations of these Terms
- Shipping restrictions to your location
Order acceptance and the formation of a contract between you and us will occur upon our shipment of the products to you.
4.4 Payment
We accept various payment methods as indicated on the Site. By providing payment information, you represent and warrant that:
- You are authorized to use the payment method
- The payment information you provide is accurate and complete
- Charges incurred will be honored by your payment provider
All payments are processed securely through our third-party payment processors. We do not store full credit card numbers on our servers.
5. Shipping and Delivery
5.1 Shipping
We ship to addresses within 【the United States and Canada】. Shipping methods, costs, and estimated delivery times are provided during the checkout process. Delivery dates are estimates only and are not guaranteed.
5.2 Risk of Loss
All items purchased from us are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.
5.3 Delivery Issues
If you do not receive your order within the estimated delivery timeframe, or if your order arrives damaged, please contact our customer service team within 【30】 days at 【service@shop-with.com】.
6. Returns and Refunds
6.1 Return Policy
We want you to be satisfied with your purchase. If you are not completely satisfied, you may return most items within 【30】 days of delivery for a full refund or exchange, subject to the following conditions:
- Items must be unused, unworn, and in original condition
- Items must be returned in original packaging with all tags attached
- Certain items (such as personalized products, perishables, or intimate items) may not be returnable
6.2 Return Process
To initiate a return, please contact our customer service team at 【service@shop-with.com】. Return shipping costs are the responsibility of the customer unless the return is due to our error (wrong item shipped, defective product).
6.3 Refunds
Refunds will be issued to the original payment method within 【30】 business days of receiving and inspecting the returned item. Original shipping charges are non-refundable.
7. Intellectual Property Rights
7.1 Our Intellectual Property
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by 【ShopWith Inc.】, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
- You may store files that are automatically cached by your Web browser for display enhancement purposes
- You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use
7.2 Trademarks
The 【ShopWith】 name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of 【ShopWith Inc.】 or its affiliates or licensors. You must not use such marks without the prior written permission of 【ShopWith Inc.】.
7.3 User Content
By submitting any content (including reviews, comments, photos, or other materials) to the Site, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
8. Prohibited Activities
You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms. You agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the Site
- Use any robot, spider, or other automatic device to access the Site for any purpose without our express written permission
- Attempt to gain unauthorized access to any part of the Site or our systems
- Interfere with the proper working of the Site
- Use the Site to send unsolicited communications, promotions, or advertisements
- Upload or transmit viruses, malware, or other malicious code
- Collect or harvest personally identifiable information about other users
- Use the Site for any fraudulent or illegal purpose
- Violate any applicable federal, state, local, or international law or regulation
9. Disclaimer of Warranties
THE SITE AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT:
- THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS
- ANY ERRORS IN THE SITE WILL BE CORRECTED
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 【ShopWith Inc.】, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE
- ANY CONTENT OBTAINED FROM THE SITE
- UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE EXCEED THE AMOUNT YOU PAID TO US, IF ANY, DURING THE 【12】 MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR 【$100】 USD, WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
11. Indemnification
You agree to defend, indemnify, and hold harmless 【ShopWith Inc.】 and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms
- Your use of the Site
- Your violation of any rights of a third party
- Your violation of any applicable laws or regulations
12. Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or relating to them shall be governed by and construed in accordance with the laws of 【the State of California, United States】, without regard to its conflict of law provisions.
Any legal suit, action, or proceeding arising out of or related to these Terms or the Site shall be instituted exclusively in the federal or state courts located in 【San Francisco County, California】. You waive any objection to this venue and to personal jurisdiction in these courts.
13. Dispute Resolution
13.1 Informal Resolution
Before filing any claim against us, you agree to try to resolve the dispute informally by contacting us at 【service@shop-with.com】. We'll try to resolve the dispute informally within 【30】 days. If we're unable to resolve the dispute, you may pursue the remedies described below.
13.2 Arbitration Agreement
Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof shall be determined by binding arbitration in 【San Francisco, California】. The arbitration shall be conducted in English and governed by the rules of 【American Arbitration Association (AAA)】.
YOU AND 【ShopWith Inc.】 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
13.3 Exceptions to Arbitration
Notwithstanding the above, either party may bring an individual action in small claims court or seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.
14. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
15. Waiver
No waiver of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
16. Entire Agreement
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and 【ShopWith Inc.】 relating to your use of the Site and supersede all prior or contemporaneous communications, agreements, and understandings between us.
17. Contact Information
If you have any questions about these Terms, please contact us at:
【ShopWith Inc.】
Email: 【service@shop-with.com】