Terms of service
Overview
This website is operated by 3XRoas LLC, trading as SCULPTD. Throughout the site, the terms "we", "us" and "our" refer to SCULPTD. We offer this website, including all information, tools and services available from it, to you — the user — conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting mysculptdclothing.com or purchasing from us, you engage in our "Service" and agree to be bound by these Terms of Service, including the additional terms and policies referenced herein. If you do not agree to all the terms of this agreement, you may not access the website or use any of our services.
Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products to you.
1. Online store terms
By agreeing to these Terms, you represent that you are at least the age of majority in your state or country of residence, or that you are the age of majority and 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).
You must not transmit any worms, viruses or any code of a destructive nature. A breach of any of these Terms will result in an immediate termination of your access to the Service.
2. General conditions
We reserve the right to refuse service to anyone, for any lawful reason, at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform to technical requirements. Credit card information is always encrypted during transfer.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission from us.
3. 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 as the sole basis for making decisions.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information. You agree that it is your responsibility to monitor changes to our site.
4. Modifications to the Service and prices
Prices for our products are subject to change without notice. All prices are displayed in USD unless otherwise indicated, and applicable taxes are shown at checkout.
We reserve the right at any time to modify or discontinue the Service (or any part of it) 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.
5. Products and services
Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Refund & Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer or phone display will show colors accurately, and slight variations in color, measurement or finish are normal for apparel and do not constitute a defect.
We reserve the right to limit the quantities of any products we offer, and to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
All descriptions of products and product pricing are subject to change at any time without notice. Any offer for any product made on this site is void where prohibited.
6. Accuracy of billing and account information
We reserve the right to refuse any order you place with us. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email address, billing address and/or phone number provided at checkout. You will receive a full refund for any order we cancel.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store, and to promptly update your account and other information — including your email address and payment details — so that we can complete your transactions and contact you as needed.
7. Payments
Payments are processed by our payment providers, including Shopify Payments and, where offered, PayPal and other methods shown at checkout. By submitting an order you confirm that you are authorized to use the payment method provided.
Your order is confirmed only once payment is successfully authorized and you receive an order confirmation email from us. We reserve the right to cancel and refund orders where payment is declined, flagged as fraudulent, or where a pricing error has occurred.
8. Shipping and delivery
Shipping methods, costs and estimated delivery times are described in our Shipping Policy, which forms part of these Terms. Risk of loss passes to you upon delivery of the products to the carrier, subject to the protections described in that policy.
9. Returns and refunds
Our Refund & Return Policy forms part of these Terms and describes your rights and the procedure for returning products.
10. Optional tools and third-party links
We may provide you with access to third-party tools which we neither monitor nor have any control over. You acknowledge that we provide access to such tools "as is" and "as available", without any warranties or conditions of any kind.
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 websites that are not affiliated with us. We are not liable for any harm or damages related to the purchase or use of goods, services or content of any third-party websites. Please review the third party's policies before you engage in any transaction.
11. User comments and submissions
If you send us creative ideas, suggestions, proposals, plans or other materials — whether requested by us or not — you agree that we may, at any time and without restriction, edit, copy, publish, distribute and otherwise use them in any medium, without any obligation to compensate you, to keep them confidential, or to respond to them.
You agree that your comments will not violate any right of any third party — including copyright, trademark, privacy or personality rights — and will not contain unlawful, abusive, obscene, defamatory or otherwise objectionable material. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful or objectionable.
12. Personal information
Your submission of personal information through the store is governed by our Privacy Policy.
13. Errors, inaccuracies and omissions
Occasionally there may be information on our site or in the Service that contains 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 — including after an order has been submitted — if any information in the Service is inaccurate at any time without prior notice. Where an order is canceled for this reason, you will receive a full refund.
14. Prohibited uses
In addition to other prohibitions set forth in these 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 those of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (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.
We reserve the right to terminate your use of the Service for violating any of the prohibited uses.
15. Intellectual property
All content on this Site — including the SCULPTD name and logo, product designs, photographs, text, graphics and layout — is the property of 3XRoas LLC or its licensors and is protected by copyright and trademark law. You may not use it without our prior written permission.
16. 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. 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.
The Service and all products delivered to you through it 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, either express or implied.
In no case shall 3XRoas LLC, our directors, officers, employees, affiliates, agents, contractors, suppliers or service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind arising from your use of the Service or any products procured using it.
Where the exclusion or limitation of liability is not permitted by applicable law, our liability shall be limited to the maximum extent permitted by that law, and in any event to the amount you paid for the product in question. Nothing in these Terms excludes liability for death or personal injury caused by our negligence, for fraud, or for any liability that cannot be excluded under mandatory consumer protection law.
17. Indemnification
You agree to indemnify, defend and hold harmless 3XRoas LLC and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless 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 your violation of any law or the rights of a third party.
18. Severability
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
19. 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 them at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our site.
If in our sole judgment you fail to comply with any term or provision of these Terms, we 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.
20. 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 of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us, and govern your use of the Service, superseding any prior agreements, communications and proposals.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
21. 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 State of Florida, United States, without regard to its conflict of law provisions.
If you are a consumer resident in the European Union or the United Kingdom, you benefit from any mandatory provisions of the law of the country in which you reside, and nothing in this clause deprives you of the protection afforded by those provisions.
22. Changes to these Terms
You can 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 by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.
23. Contact information
Questions about these Terms of Service should be sent to us at:
- 3XRoas LLC
- 911 E Atlantic Blvd, STE 101, Pompano Beach, FL 33060, United States
- Email: contact@mysculptdclothing.com