GENERAL POLICY DISCLAIMER

The materials below are provided for informational purposes only and do not constitute advertising, solicitation, or legal advice.

This template may be translated using automated technology. Translations are provided solely for your convenience. Shopify is not responsible for any errors or omissions in any translation.

Please read this material carefully and make any necessary modifications.

The information contained in these materials may or may not reflect the most recent legal developments. Accordingly, Shopify does not guarantee that such information is accurate or complete. You should not rely on this information for any purpose without first seeking legal advice from a duly licensed attorney in your state or province.

The use, access, or transmission of these materials or any links contained herein is not intended to create, and evidence thereof does not constitute the formation of, an attorney-client relationship between you and Shopify. Shopify expressly disclaims all liability relating to your use or publication of these materials and to any actions taken or not taken based on these materials.

OVERVIEW

Welcome to VIBE FITNESS – a factory-direct store offering zero-transparency activewear! The terms “we,” “us,” and “our” refer to VIBE FITNESS – a factory-direct store offering zero-transparency activewear. VIBE FITNESS operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a personalized shopping experience (the “Services”). VIBE FITNESS is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or our Privacy Policy, you must not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

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 and that you have given us your consent to allow any of your minor dependents to use the Services on a device that you own, purchase, or manage.

To use the Services, including accessing or browsing our online Store or purchasing any of our products, you must comply with the applicable requirements for use of the Store.

To purchase the products or services we offer, you may be required to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide to our store is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity occurring under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made every effort to accurately represent our products and services in our online store. However, please note that product colors or appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings.

We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to those presented or displayed in our online store.

All product descriptions are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. VIBE FITNESS reserves the right to accept or refuse your orders for any reason, at its sole discretion. Your order will not be accepted until VIBE FITNESS confirms acceptance. We must receive and process your payment before your order is accepted.

Please carefully review your orders before submitting them, as VIBE FITNESS may be unable to accommodate cancellation requests after an order has been accepted.

If we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or telephone number provided when the order was placed.

Your purchases are subject exclusively to our Refund Policy [LINK] for returns or exchanges.

You represent and warrant that your purchases are intended for your personal or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping, handling, customs duties, or import charges.

Prices displayed in our online Store may differ from prices offered in physical stores or in other online stores or stores operated by third parties.

From time to time, we may offer promotions through the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you when necessary.

You represent and warrant that: (i) the credit card information you provide is true, accurate, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card issuer; and (iv) you will pay all charges incurred at the published prices, including shipping and handling fees and all applicable taxes, if any.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for delays in shipping or delivery. All delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by the carrier, customs processing, or events beyond our control. Once we transfer products to the carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including, without limitation, all trademarks, branding, text, displays, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are owned by [MERCHANT], its affiliate, or its licensors and are protected by U.S. and foreign patents, copyrights, and other intellectual property laws.

These Terms permit you to use the Services solely for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property of [MERCHANT], Shopify, or any third party.

Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by [MERCHANT].

The names, logos, product and service names, designs, and slogans of [MERCHANT] are trademarks of [MERCHANT] or its affiliate or licensor. You may not use such trademarks without the prior written authorization of [MERCHANT].

The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing in the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may have access to third-party customer tools made available as part of the Services that we neither monitor nor control and over which we have no influence.

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 arising from or relating to your use of optional third-party tools.

Any use of optional tools offered through the website is entirely at your own risk, and you should ensure that you are familiar with and agree to the terms under which such tools are provided by the respective third-party providers.

In the future, we may also offer new features through the Services, including the release of new tools and resources. Such new features shall also be considered part of the Services and shall be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including any third-party functionality incorporated into the Services.

We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access.

If you choose to leave the Services to access such third-party materials or websites, you do so at your own risk.

We are not responsible for any damage or loss related to your access to any third-party website or your purchase or use of any products, services, resources, or content on any third-party website.

Please carefully review the policies and practices of third parties and make sure you understand them before entering into any transaction.

Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: This section accurately describes Shopify’s relationship with your store and should not be removed or modified.]

VIBE FITNESS is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make through our store are made directly with [MERCHANT].

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and [MERCHANT], including any injury, damage, or loss resulting from the purchase of products and services.

You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising out of or relating to your purchase and transaction with VIBE FITNESS.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here.

By using the Services, you acknowledge that you have read this Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services in order to provide and improve the Services for you.

Information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties who may be located in a country different from the country in which you reside, so that we can provide the Services to you.

Please review our Privacy Policy [LINK] for more details regarding how we, Shopify, and our partners use your personal information.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial purposes.

For example, we may use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services, as well as to comply with our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting your Feedback; and (iii) your Feedback will comply with these Terms.

We have no obligation to: (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.

We may, but are not obligated to, monitor, edit, or remove Feedback that, in our sole discretion, we determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property rights of third parties or these Terms of Service.

You agree that your Feedback will not violate any third-party rights, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights.

You further agree that your Feedback will not contain defamatory, unlawful, abusive, or obscene material, nor contain any computer virus or other malware that could in any way affect the operation of the Services or any related website.

You may not use a false email address, impersonate another person, or otherwise mislead Shopify or third parties as to the origin of any Feedback.

You are solely responsible for any Feedback you submit and for its accuracy. We assume no responsibility or liability for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information in the Services containing typographical errors, inaccuracies, or omissions relating 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 is inaccurate, at any time and without prior notice, including after an order has been submitted.

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not access or use the Services, directly or indirectly:

(a) for any unlawful or malicious purpose;

(b) to violate any local, international, federal, provincial, state, or other applicable regulations, rules, laws, or ordinances;

(c) to infringe or violate our intellectual property rights or the intellectual property rights of others;

(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or injure any of our employees or any other person;

(e) to transmit false or misleading information;

(f) to knowingly send, receive, upload, download, use, or reuse any material that does not comply with these Terms;

(g) to transmit or arrange for the transmission of any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or other similar solicitation;

(h) to impersonate or attempt to impersonate any other person or entity; or

(i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that, as determined by us, may harm VIBE FITNESS, Shopify, or users of the Services, or expose them to civil liability.

In addition, you agree not to:

(a) upload or transmit viruses or any other type of malicious code that may be used in any way that affects the functionality or operation of the Services;

(b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services;

(c) collect or track the personal information of others;

(d) spam, phish, pharm, or use pretexting to access the Services;

(e) use any robot, spider, scraping tool, data collection or extraction tool, device, automatic process, artificial intelligence tool (such as AI), or automated or manual means to access the Services; or

(f) interfere with, circumvent, or bypass any security or authorization features, robot exclusion protocols, or other measures we use to restrict access to the Services.

We reserve the right to suspend, disable, or terminate your account at any time, without prior notice, if we determine that you have violated any part of these Terms.

SECTION 14 – AGENTS

14.1 This section (“Agent Terms”) applies if you use, permit, enable, or cause an Agent to be deployed to access, use, or interact with any Services.

“Agent” means any software or service that performs autonomous or semi-autonomous actions on behalf of, or under the instructions of, any person or entity and that may operate on behalf of, or using the device of, a person without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict compliance with the requirements of Section 14.4 below.

In addition, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any Service.

14.3 We may limit, including through technical measures, whether and how any Agent accesses, uses, or interacts with the Services.

14.4 Agents must:

(i) identify in all HTTP/HTTPS requests that the request originates from an Agent and disclose the Agent’s name by including the following in the request’s user-agent string: “Agent/[agent name]”;

(ii) not conceal or obscure that any access, use, or interaction is being performed by an Agent, including by (a) imitating human behavior and interaction patterns or (b) completing or bypassing CAPTCHA or other measures designed to distinguish computer use from human use;

(iii) truthfully respond to any question or prompt intended to determine whether interactions originate from a human or a computer; and

(iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether or how Agents access, use, or interact with the Services.

SECTION 15 – TERMINATION

We may terminate this agreement or your access to the Services, or any portion thereof, at our sole discretion at any time without prior notice, and you will remain responsible for all amounts due through the termination date, inclusive.

The following sections will survive any termination: Intellectual Property, Feedback, Termination, Warranty Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES

The information presented on or through the Services is provided solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information.

Any reliance you place on such information is strictly at your own risk.