OVERVIEW
This website is
operated by Instaflex. Throughout the site, the terms "we", "us" and
"our" refer to Instaflex. Instaflex offers this website, including all
information, tools and services available on this site to you, the user,
conditioned upon your acceptance of all terms, conditions, policies and notices
set forth herein.
By visiting our site and/or purchasing something from us,
you engage in our "Service" and agree to be bound by the following terms and
conditions ("Terms of Service", "Terms"), including those additional terms and
conditions and policies referenced herein and/or available through
hyperlinks. These 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 these Terms of
Service carefully before accessing or using our website. By accessing or
using any part of the site, you agree to be bound by these Terms of Service.
If you do not agree to all the terms and conditions of this agreement, you may not
access the website or use any services. If these Terms of Service are
considered an offer, acceptance is expressly limited to these Terms of
Service.
Any new features or tools added to the current store
will also be subject to the Terms of Service. You may review the most
current version of the Terms of Service at any time on this page. We reserve
the right to update, change or replace any part of these Terms of
Service 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
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.
SECTION 1 - ONLINE STORE
TERMS
By agreeing to these Terms of Service, 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
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.
You may not
use our products for any illegal or unauthorized purpose, nor may you,
in the use of the Service, violate any laws in your jurisdiction (including without limitation
copyright laws).
You must not transmit any worms, viruses or
any code of a destructive nature.
A breach or violation of any of the
Terms will result in an immediate termination of your Services.
SECTION 2
- GENERAL CONDITIONS
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 or devices.
Credit card information is always encrypted during
transfer over networks.
You agree not to reproduce, duplicate, copy,
sell, resell or exploit any portion of the Service, use of the Service or
access to the Service, or any contact on the website through which the service is
provided, without express written permission from us.
The
headings used in this agreement are included for convenience only and will not
limit or otherwise affect these Terms.
SECTION 3 -
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible
if information available on this site is not accurate, complete or current. The
material on this site is provided for general informational purposes only and should not
be relied upon as the sole basis for making decisions without consulting primary,
more accurate, more complete 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, by its nature, is not
current and is provided for your reference only. We reserve the right to
modify the contents of this site at any time, but we have no
obligation to update any information on our site. You agree that it is your
responsibility to monitor changes to our site.
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 or content thereof) at any
time without notice.
We shall not be liable to you or to any
third party for any modification, price change, suspension or discontinuance of the
Service.
SECTION 5 - PRODUCTS OR SERVICES (if
applicable)
Certain products or services may be available
exclusively online through the website. These products or services may
have limited quantities and are subject to return or exchange only in accordance with
our Return Policy.
We have made every effort to display as
accurately as possible the colors and images of our products that
appear in the store. We cannot guarantee that your computer monitor will display
any color accurately.
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 products or services we offer.
All descriptions of products or pricing of products are subject to change at
any time without notice, at our sole discretion. 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, nor
that any errors in the Service will be corrected.
SECTION 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 or cancel
an order, we may attempt to notify you by contacting the e-mail address
and/or billing address/phone number provided at the time the
order was placed. 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
e-mail address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as
needed.
For more details, please review our Return
Policy.
SECTION 7 - OPTIONAL TOOLS
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 the terms on which the
tools are provided by the relevant third-party
providers.
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 these Terms of Service.
SECTION 8 - THIRD-PARTY
LINKS
Certain content, products and services available through our
Service may include materials from third parties.
Third-party links
on this site 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 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 or use of goods,
services, resources, content or any other transactions made in connection with any
third-party websites. 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 the third party.
SECTION 9 - USER COMMENTS,
FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send
certain specific submissions (for example, contest entries) or, without
a request from us, you send creative ideas, suggestions, proposals, plans or other
materials, whether online, by e-mail, by postal mail or otherwise
(collectively, 'comments'), you agree that we may, at any time, without
restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay
compensation for any comments; or (3) to respond to any
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, libelous, defamatory, pornographic, obscene or otherwise objectionable,
or which violates any party's intellectual property or these Terms of
Service.
You agree that your comments will not violate any right of any
third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights. You further agree that your comments will not
contain libelous or otherwise unlawful, abusive or obscene material, nor contain any computer viruses or other malware that could in any way affect the
operation of the Service or any related website. You may not use
a false e-mail address, pretend to be someone other than yourself,
or otherwise mislead us or third parties as to the origin of any comments.
You are solely responsible for any comments you make and their accuracy.
We take no responsibility and assume no liability for comments posted by
you or any third party.
SECTION 10 - PERSONAL
INFORMATION
Your submission of personal information through the store is governed
by our Privacy Policy. To view our Privacy
Policy.
SECTION
11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be
information on our site or in the Service that contains typographical errors,
inaccuracies or omissions that may relate to product descriptions,
pricing, promotions, offers, 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 in the Service or on any related website is inaccurate at
any time without prior notice (including after you have submitted your
order).
We undertake no obligation to update, amend or clarify
information in the Service or on any related website, including without
limitation pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related
website should be taken to indicate that all information in the
Service or on any related website has been modified or
updated.
SECTION 12 - PROHIBITED USES
In addition to other
prohibitions as set forth in the Terms of Service, you are prohibited from using the site or
its content: (a) for any unlawful purpose; (b) to solicit others to
perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulation, rule,
law or local ordinance; (d) to infringe upon or
violate our intellectual property rights or the intellectual property
rights of others; (e) to harass, abuse, insult, harm, defame, slander,
disparage, intimidate or discriminate 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 any way to affect the
functionality or operation of the Service or of any related website, other
websites or the Internet; (h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl or scrape;
(j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the
security features of the Service or any related website, other
websites or the Internet. We reserve the right to terminate your use of the Service or
any related website for violating any of the prohibited
uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF
LIABILITY
We do not guarantee, represent or warrant that your use of
our service will be uninterrupted, timely, secure or error-free.
We do not
warrant 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, or inability to use,
the service is at your sole risk. The service and all products and services
delivered to you through the service are (except as expressly stated
by us) provided 'as is' and 'as available' for your
use, without any representation, warranties or conditions of any kind, whether express or
implied, including all implied warranties or conditions of merchantability,
merchantable quality, fitness for a particular purpose, durability, title and
non-infringement.
In no case shall The New Find, our
directors, officers, employees, affiliates, agents, contractors, interns,
suppliers, service providers or licensors be liable for any injury, loss,
claim or any direct, indirect, incidental, punitive, special 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
services or any products procured using the service, or for 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 via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the
exclusion or limitation of liability for consequential or incidental damages, in
such states or jurisdictions, our liability shall be limited to the maximum extent
permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to
indemnify, defend and hold harmless The New Find and our parent
company, 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 or arising out of your breach of these
Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 -
SEVERABILITY
In the event that any provision of these Terms of
Service is determined to be unlawful, void or unenforceable, such provision shall nevertheless be
enforceable to the fullest extent permitted by applicable law, and the unenforceable portion
shall be deemed to be severed from these Terms of Service; such determination shall not affect
the validity and enforceability of any other remaining provisions.
SECTION
16 - TERMINATION
The obligations and liabilities of the parties
incurred prior to the termination date shall survive the termination of this
agreement for all purposes.
These Terms of Service are effective unless
and until terminated by either you or us. You may terminate these Terms of
Service at any time by notifying us that you no longer wish to use our
Services, or when you cease using our site.
If in our sole judgment
you fail, or we suspect that you have failed, to comply with any term or provision
of these Terms of Service, we also may terminate this agreement at any
time without notice and you will remain liable for all amounts
due up to and including the date of termination; and/or accordingly may
deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us
to exercise or enforce any right or provision of these Terms of
Service shall not constitute a waiver of such right or provision.
These
Terms of Service and any policies or operating rules posted by us on this
site or in respect to the Service constitute the entire agreement and understanding
between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements,
communications and proposals, whether oral or written, between you
and us (including, but not limited to, any prior versions of the Terms of
Service).
Any ambiguities in the interpretation of these Terms of
Service shall not be construed against the drafting party.
SECTION
18 - GOVERNING LAW
These Terms of Service and any separate agreements
whereby we provide you Services shall be governed by and construed in accordance with
the laws of the United States.
SECTION 19 - CHANGES TO TERMS OF
SERVICE
You can review the most current version of the Terms of Service
at any time at this page.
We reserve the right, at our sole
discretion, 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. Your continued
use of or access to our website or the Service following the posting of any
changes to these Terms of Service constitutes acceptance of those
changes.
SECTION 20 - CONTACT INFORMATION
Questions
about the Terms of Service should be sent to support@instaflex.blog.