Hitched™ Terms and Conditions

 OVERVIEW

This website is operated by Hitched Bands, Inc Throughout the site, the terms “we”, “us” and “our” refer to Hitched Bands, Inc. Hitched Bands, Inc. offers this website, including all information, tools 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 ordering or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms and Conditions (these “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms 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 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 of these Terms, then you may not access the website or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools which are added to our site or Services shall also be subject to these Terms. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. You can review the most current version of the Terms at any time on this page. 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 online 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.

These Terms include a class action waiver and require binding arbitration on an individual basis to resolve disputes, rather than jury trials.

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 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 but not limited to copyright laws).

While use of our site is free, access to certain portions of our site may require payment of such fees as may be determined by us from time to time. In addition, use of the Service must be made in accordance with the payment and other options described on our site from time to time. Payments made for the Service are non-refundable (except as may otherwise be expressly stated by us in writing).

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, with or without notice.

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 by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCESSING THE SITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend the site and any Services at any time in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to portions of our site, or the entire site, to some or all users, including registered users. We have no obligation to provide you with any technical support in connection with your use or attempted use of our site. 

To access our site, or certain resources and services made available through our site, including the Service, you may be asked to provide certain registration details and other information. It is a condition to your use of our site and, if applicable, the Service that all the information you provide is correct, current and complete. You acknowledge and agree that all information you provide to register with our site, use the Service or otherwise, including but not limited to through the use of any interactive features of our site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information that are not inconsistent with our Privacy Policy. 

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as strictly confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person or entity with access to any portion of our site or the Service that requires the use of your user name, password or other security information. You agree to notify us immediately upon becoming aware of any unauthorized access to or use of your user name, password or other security information, or any other breach of security. You also agree to ensure that you exit or log off from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right, but not the obligation, to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you may have violated any provision of these Terms.

SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used 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, necessarily, 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 5 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for 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 thereof) without notice at any time.

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

SECTION 6 - PRODUCTS OR SERVICES

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 according to our return or exchange policies described on the website from time to time. We reserve the right to refuse a and exchange or refund for any product or service that has been damaged or visibly worn.

We have made reasonable efforts to display as accurately as possible the colors and images of our products. We cannot guarantee that your device'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 products or services that we offer. 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, or that any errors in the Service will be corrected.

SECTION 7 - HOME TRY-ON PROGRAM

We offer a free home try-on program to allow you to try out products in the comfort of your own home. For details about our home try-on program, please visit the Home Try-On section of our website. If the home try-on period ends and any of the products have not been placed in the mail for return, or the products are returned damaged, we may charge your credit card for the full amount of each item that is missing or damaged. By taking advantage of our home try-on program, you authorize us to charge your card, and you agree to all other terms of our home try-on program described on our website. Currently, our home try-on program is only available to customers who live in the 50 United States.

SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us for any reason or no reason. 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, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. 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 email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our return and exchange policies as described on the website.

SECTION 9 - 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 on an “as is” and “as available” basis, 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 of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

SECTION 10 - THIRD-PARTY LINKS

Certain content, products and services available via 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 we 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, including with respect to any third-party privacy practices, and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party goods, services or content should be directed to the third-party.

SECTION 11 - INTELLECTUAL PROPERTY RIGHTS

Our site, the Service, and their entire contents, features and functionality (including but not limited to all information, software (including any source code and object code), text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our affiliates, our 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 law, as applicable.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material contained on or in our site or the Service, except as follows: 

• Your computer or mobile device 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; and
• You may print or download one copy of a reasonable number of pages of our site for your own personal, non-commercial use and not for further reproduction, publication or distribution.

You must not:

• Modify copies of any materials from the Service or our site; or
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Service or our site. 

If you print, copy, modify, download or otherwise use or provide any other person or entity with access to any part of the Service or our site in violation of these Terms, your right to use the Service and/or our site will cease immediately and you must, at our option, immediately return or securely destroy any copies of the materials you have made. No right, title or interest in or to the Service or our site, or any content in or on the Service or our site, is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Service or our site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

Our name, our logo, and all related names, logos, product and service names, designs and slogans, and any and all variations thereof, are trademarks of ours or of our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans in or on the Service or our site are the trademarks of their respective owners.

SECTION 12 - 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 email, 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 worldwide any such comments. 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 may be unlawful, offensive, abusive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or may violate any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain objectionable material or contain any computer virus 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 any comments posted by you or any third-party.

SECTION 13 - 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 such things as 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 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 14 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms, 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 regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, threaten, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit inaccurate, false or misleading information; (g) to upload or transmit viruses or any other type of malicious code or to negatively affect the functionality or operation of the Service or of any related website, other websites, or the Internet in any way; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene, offensive 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, each as determined by us in our sole discretion. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses at any time without notice.

SECTION 15 - LIMITED WARRANTY; DISCLAIMER

All of our rings are sourced from manufacturers with strict quality standards. They are warranted against material and craftmanship defects under normal use. Any ring that fails to live up to these standards will be repaired or replaced. If replaced, replacement will be with a product or equal or lesser value. The foregoing limited warranty does not cover normal wear and tear. Alterations to a ring, including engraving and custom finishes, will void any warranty. The foregoing warranty does not cover changes in finger size resulting in changes the way a ring fits. We cover shipping fees for one repair or replacement only. Shipping fees for subsequent repairs or replacements are your responsibility. We are not responsible for the sentimental or intrinsic value in any ring. Except as expressly set forth in this paragraph, all products are provided

We do not guarantee, represent or warrant that your use of the 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 by or through the Service are (except as otherwise expressly stated by us in writing) provided on an “as is” and “as available” basis for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

SECTION 16 - LIMITATION OF LIABILITY; INDEMNIFICATION

You acknowledge and agree that we are only willing to collect payment and provide access to the SITE and the service if you agree to certain limitations on our liability to you and to third parties. You understand that, to the MAXIMUM extent permitted under applicable law, in no event will we or our officers, employees, directors, MEMBERS, MANAGERS, parents, subsidiaries, affiliates, agents, or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of revenues, profits, goodwill, use OR data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the SITE or the service, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute, or otherwise. We will not be liable for any damages arising from the SERVICE OR THE SITE or for any information appearing on any other WEBsite linked TO ON THE SITE. If you are dissatisfied with any portion of the SITE OR THE Service, your sole and exclusive remedy is to discontinue use of the SITE OR THE Service. Our total liability to you for all claims arising from or related to the Service AND/OR THE SITE is limited, in THE aggregate, to the greater of (i) the total amount PAID BY YOU TO THE COMPANY in the three (3) months IMMEDIATELY PRECEDING the date of the event FIRST giving rise to our liability, or (ii) fifty dollars (U.S. $50.00). ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE OR OUR SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

CERTAIN jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

You agree to defend, indemnify and hold harmless Hitched Bands, Inc., its affiliates, licensors and service providers, and its and their respective officers, directors, members, managers, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any actual or alleged claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including attorneys' fees) arising out of or relating to your violation of these Terms or your use of our site or the Service, including, but not limited to, any use of our site's or the Service’s content, services and products other than as expressly authorized in these Terms or your use of any information obtained from our site or the Service.

SECTION 17 - SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 18 - 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 are effective unless and until terminated by either you or us. You may terminate these Terms 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, 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 19 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitutes 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).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 20 - GOVERNING LAW

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to Pennsylvania’s conflicts of laws rules. Subject to the provisions regarding arbitration below, if a lawsuit or court proceeding is permitted under these Terms, then the parties agree to submit to the exclusive jurisdiction of the federal or state courts in Philadelphia County, Pennsylvania for such purpose.

SECTION 21 - ARBITRATION; WAIVER OF JURY TRIAL; WAIVER OF CLASS OR CONSOLIDATED ACTIONS

At our sole discretion, we may require you to submit any disputes arising from these Terms, the Service or our site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Pennsylvania law and taking place in Philadelphia, Pennsylvania.

Arbitration procedures are typically subject only to very limited review by a court. In the event any litigation should arise between the Company and you in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, you hereby waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.

All claims and disputes within the scope of these. Terms must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

SECTION 22 - CHANGES TO TERMS AND CONDITIONS

You can review the most current version of these Terms at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms 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 constitutes acceptance of those changes.

SECTION 23 - ELECTRONIC COMMUNICATIONS

You hereby consent to receiving email messages, text messages (i.e., SMS and/or MMS communications) and/or telephone calls, including to your wireless telephone number(s), from us in connection with your use of our site and/or the Service, including text messages and/or telephone calls that are automatically dialed and/or include pre-recorded messages.

SECTION 24 - COPYRIGHT POLICY

We respect the intellectual property rights of others and expects users of our site to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law (including the Digital Millennium Copyright Act or "DMCA" at 17 U.S.C. §512) and are properly provided to us. If you would like the benefit of your legal protections under the DMCA, please review the DMCA to ensure your compliance.

If you believe that content has been copied in a way that constitutes copyright infringement or the infringement of other intellectual property rights, please send us a written request to remove the allegedly-infringing content (a "takedown notice"). Each takedown notice must be in the English language and include the following information: 

• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
• Information reasonably sufficient to permit us to locate the material (e.g., the applicable uniform resource locator or "URL").
• Your contact information, including your postal address, telephone number and an email address.
• A statement by you that you have a good faith belief that use of the content or other material in the manner complained of is not authorized by the copyright owner or other owner, its agent or the law.
• A statement that the information in the notice is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner or other owner.
• A physical or electronic signature of the copyright owner, other owner or a person authorized to act on their behalf.

Following our receipt of a takedown notice, we may publish the takedown notice to the general public or provide a copy of the takedown notice to the user that uploaded or provided the content accused to be infringing ("Accused Content"). For any takedown notice that is subject to the provisions of the DMCA, the original provider of the Accused Content may have the right to send a notice to us ("counter notice") demanding that the Accused Content be restored to the Website.

In compliance with the DMCA or other applicable law, we may implement any takedown notice by removing the Accused Content or other material from public view on the Website, and we may implement any counter notice by restoring the Accused Content or other material to public view on the Website. In either case, we shall bear no liability to you or anyone else for the posting, removal or re-posting of any Accused Content.

Independent of the DMCA and any other applicable laws or regulations, we reserve the right to remove any Accused Content at any time without prior notice, at our sole discretion, and without liability to you or anyone else. In appropriate circumstances, we will also terminate a registered user's account if we determine the registered user to be a repeat infringer. Our designated copyright agent for sending takedown notices and counter notices is:

Hitched, 67 N. 2^nd Street, Philadelphia, PA 19106

Email: help@tryhitched.com

SECTION 25 - FORCE MAJEURE

We are not responsible to you for anything that we may otherwise be responsible for if it is the result of events beyond our reasonable control, including without limitation acts of God, war, governmental actions or orders, epidemics, riots, terrorism, strikes, labor shortages, fire, extreme weather, embargoes, postal disruption, communication disruption, failure or shortage of infrastructure or shortage of materials.

SECTION 26 - CONTACT INFORMATION

Questions about these Terms should be sent to us at help@tryhitched.com.

Effective Date: August 3, 2020