Terms of service

OVERVIEW Welcome to Raised By Rhythm! The terms "we", "us" and "our" refer to Raised By Rhythm. Raised By Rhythm operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Raised By Rhythm is powered by Shopify, which enables us to provide the Services to you. Please read these Terms of Service carefully, as they include 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. If you do not agree to these Terms of Service or Privacy Policy, you should 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. You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person. SECTION 2 - OUR PRODUCTS We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen. We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations. All descriptions of products are subject to change at any time without notice at our sole discretion. SECTION 3 - ORDERS When you place an order, you are making an offer to purchase. Raised By Rhythm reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Raised By Rhythm confirms acceptance. Please review your order carefully before submitting, as Raised By Rhythm may be unable to accommodate cancellation requests after an order is accepted. Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that your purchases are for your own 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 set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges. You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You represent and warrant that the credit card information you provide is true, correct, and complete, and that you are duly authorized to use such credit card for the purchase. SECTION 5 - SHIPPING AND DELIVERY We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you. SECTION 6 - INTELLECTUAL PROPERTY Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Raised By Rhythm, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. All rights not expressly granted herein are reserved by Raised By Rhythm. Raised By Rhythm's names, logos, product and service names, designs, and slogans are trademarks of Raised By Rhythm or its affiliates or licensors. You must not use such trademarks without the prior written permission of Raised By Rhythm. SECTION 7 - OPTIONAL TOOLS You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. SECTION 8 - THIRD-PARTY LINKS The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. We are not liable for any harm or damages related to your access of any third-party websites. SECTION 9 - RELATIONSHIP WITH SHOPIFY Raised By Rhythm is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Raised By Rhythm. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Raised By Rhythm, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Raised By Rhythm. SECTION 10 - PRIVACY POLICY All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy at https://www.shopify.com/legal/privacy/app-users. By using the Services, you acknowledge that you have read these privacy policies. SECTION 11 - FEEDBACK If you submit 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 for commercial use. You represent and warrant that you own or have all necessary rights to all Feedback you submit. SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on or in the Services that contain 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 is inaccurate at any time without prior notice. SECTION 13 - PROHIBITED USES You may access and use the Services for lawful purposes only. You may not: (a) use the Services for any unlawful or malicious purpose; (b) violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) transmit false or misleading information; (f) send any "junk mail," "chain letter," "spam," or any other similar solicitation; (g) impersonate or attempt to impersonate any other person or entity; or (h) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms. SECTION 14 - TERMINATION We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. SECTION 15 - DISCLAIMER OF WARRANTIES THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' 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. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SECTION 16 - LIMITATION OF LIABILITY TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL RAISED BY RHYTHM, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, 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 SERVICES. SECTION 17 - INDEMNIFICATION You agree to indemnify, defend and hold harmless Raised By Rhythm, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services. SECTION 18 - SEVERABILITY In the event that any provision of these Terms of Service 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 of Service. SECTION 19 - WAIVER; 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 constitutes the entire agreement and understanding between you and us and governs your use of the Service. SECTION 20 - ASSIGNMENT You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you. SECTION 21 - GOVERNING LAW These Terms of Service shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Raised By Rhythm is headquartered. You and Raised By Rhythm consent to venue and personal jurisdiction in such courts. SECTION 22 - HEADINGS The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. SECTION 23 - CHANGES TO TERMS OF SERVICE We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes. SECTION 24 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at support@raisedbyrhythm.com.