Terms of Service
TERMS OF SERVICE
OVERVIEW
This website is operated by HypeBeastKicks. Throughout the site, the terms “we,” “us,” and “our” refer to HypeBeastKicks.
HypeBeastKicks offers this website, including all information, tools, products, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional terms, conditions, and policies referenced herein or made available by hyperlink.
These Terms apply to all users of the site, including, without limitation, browsers, customers, merchants, vendors, and contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions contained herein, you may not access the website or use our Services.
Any new features or tools added to the current store will also be subject to these Terms. We reserve the right to update, change, or replace any part of these Terms by posting updates or changes on our website. Your continued use of or access to the website following the posting of changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given us consent to allow any of your minor dependents to use this site.
You may not use our products or Services for any illegal or unauthorized purpose, nor may you violate any applicable laws in your jurisdiction, including copyright laws.
You must not transmit worms, viruses, malicious code, or other harmful material.
A breach or violation of these Terms may result in termination of your access to the Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any lawful reason at any time.
You understand that your content, excluding credit card information, may be transferred across various networks and may be modified to conform to technical requirements of connecting networks or devices.
Credit card information is encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, access to the Service, or contact through the website without our express written permission.
The headings used in these Terms are included for convenience only and do not affect their interpretation.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current.
Material provided on this site is for general information and should not be relied upon as the sole basis for making decisions without consulting more accurate, complete, or current sources where appropriate.
Any reliance on information provided on this site is at your own risk.
This site may contain historical information that is provided for reference only. We reserve the right to modify site content at any time.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service, or any part of it, at any time without notice.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through our website.
Products may be available in limited quantities and are subject to return or exchange according to our Return & Exchange Policy.
We make reasonable efforts to display product colors and images accurately. However, we cannot guarantee that your device or monitor will display colors exactly as intended.
We reserve the right to limit the sale of our products or Services to any person, geographic region, or jurisdiction where permitted by law.
We may limit quantities and may change product descriptions, availability, or pricing at any time without notice.
We also reserve the right to discontinue any product at any time.
Any offer for a 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, limit, or cancel any order you place with us.
Restrictions may include orders placed under the same customer account, credit card, billing address, or shipping address.
If we modify or cancel an order, we may attempt to notify you using the email address, billing address, or phone number provided when the order was placed.
You agree to provide current, complete, and accurate purchase and account information for all purchases made through our store.
You also agree to promptly update your information when necessary so that we can complete transactions and contact you regarding your order.
For additional information regarding returns or exchanges, please review our Return & Exchange Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools that we do not monitor, control, or operate.
You acknowledge that such tools are provided on an “as is” and “as available” basis without warranties, representations, or endorsements of any kind.
Your use of optional third-party tools is entirely at your own risk and discretion.
Any future features, tools, or Services offered through the website will also be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products, and Services available through our website may include materials or links from third parties.
Third-party links may direct you to websites that are not affiliated with HypeBeastKicks.
We are not responsible for examining or evaluating the content, accuracy, practices, or policies of third-party websites.
We are not responsible for harm or damages related to transactions, products, Services, or content available through third-party websites.
Please review the applicable third party's policies before engaging in a transaction.
SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If you submit comments, ideas, suggestions, proposals, plans, or other materials to us, you agree that we may use, edit, copy, publish, distribute, or translate those materials where permitted by law.
We are under no obligation to maintain comments in confidence, provide compensation for comments, or respond to comments unless otherwise required by law.
We may monitor, edit, or remove content that we determine to be unlawful, offensive, defamatory, obscene, misleading, or otherwise inappropriate, or that violates intellectual property rights or these Terms.
You agree that your comments will not violate the rights of any third party or contain unlawful, abusive, obscene, or malicious material.
You are responsible for the accuracy and legality of any comments or content you submit.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on our website or within the Service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.
We reserve the right to correct errors, inaccuracies, or omissions and to update information or cancel orders if information is inaccurate, including after an order has been submitted, where permitted by law.
SECTION 12 – PROHIBITED USES
In addition to other restrictions contained in these Terms, you may not use the site or its content for unlawful purposes; to violate applicable laws or regulations; to infringe intellectual property rights; to harass, abuse, threaten, defame, or discriminate against others; to submit false or misleading information; to transmit viruses or malicious code; to collect or track personal information unlawfully; to spam, phish, crawl, scrape, or interfere with the operation or security of the Service; or for any other unlawful or prohibited purpose.
We reserve the right to terminate access to the Service for violations of these restrictions.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of the Service will always be uninterrupted, timely, secure, or error-free.
We do not warrant that results obtained through use of the Service will always be accurate or reliable.
From time to time, we may suspend or discontinue portions of the Service.
Your use of the Service is at your own risk. Except where expressly stated otherwise, the Service and products provided through it are offered on an “as is” and “as available” basis, subject to applicable law.
To the fullest extent permitted by applicable law, HypeBeastKicks and its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, and licensors will not be liable for indirect, incidental, special, punitive, or consequential losses arising from your use of the Service or products purchased through it.
Where certain jurisdictions do not permit particular exclusions or limitations of liability, our liability will be limited to the maximum extent permitted by applicable law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless HypeBeastKicks and its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees from claims arising from your breach of these Terms, incorporated policies, applicable law, or the rights of a third party.
SECTION 15 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforceable to the fullest extent permitted by law.
Any unenforceable portion will be severed without affecting the validity or enforceability of the remaining provisions.
SECTION 16 – TERMINATION
Obligations and liabilities incurred before termination will survive termination where applicable.
These Terms remain effective unless terminated by either you or us.
You may stop using our Services at any time.
If we determine that you have failed to comply with these Terms, we may terminate or restrict your access to the Services where permitted by law.
SECTION 17 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
These Terms, together with any policies or operating rules posted on our website, constitute the entire agreement between you and HypeBeastKicks regarding your use of the Service and supersede prior agreements relating to the Service.
Any ambiguity in the interpretation of these Terms will not automatically be construed against the drafting party.
SECTION 18 – GOVERNING LAW
DO NOT PUBLISH THIS SECTION UNTIL CLIENT CONFIRMS THE STATE.
Once confirmed, use:
These Terms of Service and any separate agreements through which we provide Services shall be governed by and construed in accordance with the laws of CA, USA, without regard to applicable conflict-of-law principles.
Current version says “laws of CA, USA”, which is the inconsistency identified in the audit.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You may review the most current version of these Terms at any time on this page.
We reserve the right, at our discretion, to update, change, or replace any part of these Terms by posting updates or changes on our website.
It is your responsibility to review this page periodically.
Your continued use of the website or Service after changes are posted constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions regarding these Terms of Service may be sent to:
Email: yzy285268@gmail.com
The current Terms already use this Gmail address. Since Thomas has asked to continue using the existing email for now, you can leave it as-is until he approves a branded email.