Terms Of Service

TERMS OF SALE

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF SALE BEFORE ACCESSING, USING, OR PLACING AN ORDER THROUGH OUR WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (see Sections 13 and 14). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

Your use of https://www.flawedfabulous.com, including any sub-domains thereof, affiliated websites, and mobile applications (collectively, the “Website”), which are owned and maintained by Flawed&Fabulous (“Flawed&Fabulous,” “we,” “our,” “us”), is governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools, products, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, or placing an order over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY OR BENCH TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 15 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 15 BELOW WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.

You can review the most current version of the Terms at any time on this page (Terms of sale – Flawed&Fabulous). We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.

TABLE OF CONTENTS

  • Website Use
  • PRIVACY & SECURITY DISCLOSURE
  • GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
  • PRODUCTS SOLD FOR PERSONAL USE ONLY
  • ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
  • MODIFICATIONS TO THE WEBSITE AND PRICES
  • PAYMENT
  • ORDER PLACEMENT AND ACCEPTANCE
  • SHIPPING
  • DELIVERY CONFIRMATION
  • REFUNDS; DEFECTIVE PRODUCTS
  • SOCIAL MEDIA
  • DISCLAIMER OF WARRANTIES
  • DISCLAIMER OF LIABILITIES
  • Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver
  • INDEMNIFICATION
  • THIRD-PARTY WEBSITES AND LINKS
  • TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
  • DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
  • ELECTRONIC COMMUNICATIONS
  • ASSIGNMENT
  • NO WAIVER
  • SEVERABILITY
  • TERMINATION
  • ENTIRE AGREEMENT
  • QUESTIONS OR ADDITIONAL INFORMATION

PRIVACY & SECURITY DISCLOSURE

Our privacy policy may be viewed at Privacy policy – Flawed&Fabulous (“Privacy Policy”).

The Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms.

GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS

All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.

You represent and warrant that you will not use or attempt to use the Website or any products or services in any unlawful manner or for any unlawful purpose. You further represent and warrant that you will not commit any unlawful act or attempt to commit any unlawful act on or through the Website, including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material; or (3) soliciting others to perform or participate in any unlawful acts; (4) violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (5) infringing upon or violating our intellectual property rights or the intellectual property rights of others as further detailed in Section 8 of these Terms; (6) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (7) submitting false or misleading information; (8) uploading or transmitting 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 Website; (9) collecting or tracking the personal information of others; (10) interfering with or circumventing the security features of the Website; or (11) any other unlawful act.

Flawed&Fabulous reserves the right to terminate your access to the Website or any of its services if it determines that you (1) do not comply with these Terms of Sale; (2) provide false, inaccurate, or incomplete information during our registration process; (3) engage in any conduct that would otherwise harm any of Flawed&Fabulous’ rights or interests in its Website, services, or other property; or (4) for any or no reason whatsoever without prior notice to you. Flawed&Fabulous may take any other actions necessary in this regard or seek any remedies permitted by law.

PRODUCTS SOLD FOR PERSONAL USE ONLY

You represent and warrant that any products or services you purchase from Flawed&Fabulous and/or our Website will be used for your personal, non-commercial use. You represent and warrant that you will not resell, redistribute, modify, or export any product that you order from the Website.

Flawed&Fabulous reserves the right to limit, cancel, or prohibit orders that, in our sole discretion, appear to have been placed by dealers, resellers, or distributors.

Flawed&Fabulous products are for adult use only, and by submitting an order, you represent and warrant that you are at least the age of majority in your state or province of residence.

As noted in Section 18 below, customer Submissions represent the unique experience of the customers making the Submissions and do not necessarily reflect the experience that you may have using Flawed&Fabulous’ products and services.

ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

While we endeavor to provide accurate and current information on our Website, there may be information on our Website that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit 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 on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.

MODIFICATIONS TO THE WEBSITE AND PRICES

We reserve the right at any time to modify or discontinue access to the Website (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of access to the Website.

Certain products or services may be available exclusively online through the Website. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.

Any offer for any product or service made on this Website is void where prohibited.

PAYMENT

All charges are in U.S. Dollars.

By submitting payment information to us, you represent and warrant that: (i) you are fully authorized to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any payment card fees; and (iv) that sufficient funds exist to pay us the amount(s) due.

We and our third-party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly.

Your credit card issuer may give you the right to opt-out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt-out of your credit card’s updating service, you should contact your credit card issuer.

We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method, including a mailed statement.

ORDER PLACEMENT AND ACCEPTANCE

Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. We reserve the right to accept or deny shipment to anyone for any reason. You represent and warrant that any and all orders you submit to this Website are not unlawful or discriminatory in any way, are not offensive, threatening, abusive, harassing, tortious, defamatory, obscene, harmful, indecent, libelous, invasive, slanderous, hateful, inciting or promoting the hate, harassment or discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status, or is otherwise objectionable or violates any party’s intellectual property rights or these Terms.

By uploading any image to the Website, you represent and warrant that you either own the rights to the image you upload for the purchase of any Flawed&Fabulous product or possess a valid license that grants you the right to use and such image for any purpose.

Accordingly, you represent and warrant that you (i) hold all applicable intellectual property rights, including but not limited to copyright, trademark, or any other proprietary rights, necessary for the use and distribution of the image, or (ii) hold a valid and enforceable license to use and authorize the use of the image, further representing and warranting you possess a valid and legally binding license that grants you the right to use, reproduce, and distribute the image for the intended purpose and have adhered to all terms and conditions in any license agreement pertaining to the image and have not violated any restrictions or limitations set forth therein.

You represent and warrant that you will not use this Website to create, order, publish, and/or distribute any product that we determine, in our sole discretion, to contain any such content enumerated above or that places any person in a bad light or in any way they may find offensive, or that in any way, intentionally or unintentionally, violates any applicable local, state, national, and international laws, rules, and regulations, or the intellectual property rights of any third party. Flawed&Fabulous reserves the right to cancel orders that it determines in its sole discretion to be in violation of the above requirements.

Flawed&Fabulous provides no warranty of any kind that any information you submit while using the Website possibly together with our content will not infringe, or be subject to a claim of infringing, any intellectual property rights of another party.

Notwithstanding your representations and warranties above, it is solely your responsibility to obtain the advice of an attorney regarding whether any aspect of your order submission is legally available for your particular use and does not infringe on the rights of another party.

You are solely responsible for determining whether a license or other additional rights are required in connection with the intended use of your order and for obtaining such additional rights. In the event we deny your order, you will receive a refund to your original form of payment. You understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide you any product or service.

We reserve the right to require additional information before processing any order. By placing an order on this Website, you represent and warrant that you have all the necessary permissions, rights, and authority to place the order and you authorize Flawed&Fabulous to produce the product on your behalf. You grant Flawed&Fabulous the right to copy, modify, distribute, use, create derivative works of any content you have uploaded for the purpose of fulfilling your order and/or marketing products or services to you. Moreover, you represent and warrant that you have sufficient rights to permit Flawed&Fabulous to copy, distribute, use, modify, create derivative works of any

  • Arbitration Agreement: It requires you to arbitrate disputes with Flawed & Fabulous, LLC on an individual basis and limits the manner in which you can seek relief from us.
  • Arbitration Location: If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in New York unless Flawed & Fabulous, LLC otherwise agrees to arbitrate in another forum requested by you.
  • Required Pre-Dispute Procedures: Before initiating any Claim against the other, you and we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by certified mail to Flawed & Fabulous, LLC, ADDRESSHERE, Syracuse, New York. Flawed & Fabulous, LLC will contact you by letter at the billing address you provided to us or at the email address EMAILHERE@EMAILHERE.
  • Commencing Arbitration: You and Flawed & Fabulous, LLC agree to commence any arbitration proceeding within one (1) year after the Claim arises and that any arbitration proceeding commenced after one (1) year shall be forever barred.
  • Organization, Rules and the Arbitrator: We each agree that any and all Claims other than those exempted shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”).
  • Fees: Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules.
  • Governing Law and Award: The arbitrator shall follow the substantive law of the State of New York without regard to its conflicts of laws principles.
  • Enforceability: This provision survives termination of your account or relationship with Flawed & Fabulous, LLC, bankruptcy, assignment, or transfer.

Miscellaneous

  • Entire Agreement: These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and Flawed & Fabulous, LLC, and supersedes and replaces any prior or contemporaneous agreements.
  • Amendments: Flawed & Fabulous, LLC reserves the right to amend this arbitration provision at any time. Your continued use of the Website constitutes your consent to such changes.

Opt-Out Information

YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE THE PRODUCT. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.

Contact Information

If you have any questions or concerns regarding these Terms of Service, please contact us:

  • Email: EMAILHERE@EMAILHERE
  • Address: ADDRESSHERE, Syracuse, New York

Amendment Notification

We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.