Terms & Conditions

These Terms and Conditions (“Terms”) govern your interaction with BornToBeSassy, LLC (“Company”) and Company’s associated digital platforms including BornToBeSassy.com (“Website”). Please read these Terms and Conditions carefully prior to interacting with Company or using Website. Continued interaction with Company including use and viewing of Website constitutes your acceptance of these Terms and Conditions as well as associated Privacy Policy and creates a legally binding agreement between User and Company.

Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right including those relating to any patent, trademark, copyright, or other intellectual property, proprietary, or other rights of Company or any of its affiliates, or any licensors.

Definitions

“Company,” “We,” and “Our” refers to BornToBeSassy, LLC

“Website” refers to BornToBeSassy.com

“User,” “You” refers to visitors to Website as well as current and prospective customers of Company

Eligibility To Use Website

You are only allowed to use this website if you are above the age of 18 or have the requisite consent from your parent or legal guardian.

General Rules

You agree not to use Website for any purpose prohibited by these Terms or the law.

In addition, the following actions or behaviors are prohibited:

Anything not in compliance with applicable law and regulations;
Activity that damages or impairs Company in general including its property, the Website, Company systems, or Company networks;
Access, tamper with, or use non-public areas of Website;
Promotion of objectionable content including harassment, libel, or violence;
Scraping of Company website; and
Impersonation of another person, misrepresentation of affiliation, and misleading or fraudulent activity relating to one’s identity.

Account Registration

Users registering an account with Company are required to provide accurate and complete information and may not misrepresent their identity or provide otherwise false information. User warrants that they are authorized to provide any information supplied to Company. User is required to update their account information should there be a material change to the original information provided. User is responsible for the security of their account and any actions that others take via their account.

Terms Of Sale, Returns, And Refunds

By making a purchase from Company, whether, via the Website or some other means, you represent that you are at least 18 years of age and have the legal capacity to enter into a binding contract.

You represent and warrant that you have the right to use any means of payment that you use in connection with a purchase on the Website and you agree to pay, all charges and losses incurred in connection with your purchase. By ordering from Company, you agree not to file a PayPal or a credit card dispute claiming non-receipt unless your order has not shipped by the listed shipping timelines listed on Website.

Company reserves the sole right to limit purchase quantities and cancel purchases that Company deems to be for the purpose of commercial resale, commercial distribution, or for other reasons at Company’s discretion.

Company strives to provide accurate pricing information, however, Company may make typographical or other errors such as omissions or inaccuracies. Company reserves the right to correct such errors at any time and to cancel purchases arising from such errors.

Any promotions or discounts provided by Company must be entered at the time of purchase, excluding taxes and shipping charges, and may not be used in conjunction with other promotions.

The risk of loss, title, or damage for purchases from Company is passed on to the User upon delivery to the shipping carrier.

All purchases are subject to Company’s Shipping And Return Policies.

Company will not issue a refund if the spacing, size, boldness, or other placement of lettering differs from the product image as letters are hooped by hand, and variations may occur.

Product images are digital representations; therefore, actual products might differ, for example as it relates to brightness.

Monograms will be in the exact order provided to Company and will not be rearranged in any way, shape, or form.

Ownership Of Intellectual Property

Except as otherwise expressly noted, Company or its service providers (as applicable) own all right, title, and interest in Website and associated content, and all copyright, trademark, service mark, trade dress, and other intellectual property and proprietary rights, rights of publicity and rights of privacy in or relating to any of the foregoing. Company does not represent or warrant that such materials do not infringe the rights of any other person or entity. Trademarks, logos, and service marks ("Marks") displayed on Website may be registered or unregistered Marks of Company, its affiliates, service providers, or its licensors, and may not be used without Company's written authorization or license of the owner of such Marks. Without the express consent of Company in each instance, you may not reproduce, republish, download, upload, post, display, perform, frame, transmit, distribute, modify, or use Website content or Marks, in whole or in part, whether in text, graphical, audio, video, executable, or other forms except as expressly permitted by these Terms. Any other access to the Website or use of Marks is strictly forbidden without the prior written consent of Company. Any information or content contained on the Website which may be reproduced pursuant to these terms or Company's written consent must bear the proprietary rights notices which originally appear on or in conjunction with such information or content.

Disclaimer Of Warranties

User use of Company's Website is at User's own risk.

Company makes no representations or warranties regarding the condition of or access, function, and performance of the Website, or the suitability, accuracy, reliability, completeness, currency, quality, timeliness or usefulness of any of the foregoing, or that use of the foregoing will be uninterrupted or error-free.

Company does not represent or warrant that the Website, the information, or any other software, accessed from or through the Website, will be uninterrupted or free of errors, defects, viruses, or other harmful components, or that any such problems which are discovered will be corrected. Company is not responsible for any reliance you may place, in whole or in part, on the Website, the Material, and any such use or reliance is at your sole risk.

THE WEBSITE, TOOLS, MATERIAL, AND ALL MATERIAL OR INFORMATION ON THIS WEBSITE ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTIES OF ANY KIND. COMPANY DISCLAIMS ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR FREEDOM FROM INFRINGEMENT. TO THE FULL EXTENT PERMITTED UNDER LAW, IN NO EVENT SHALL COMPANY OR ANY OF ITS AFFILIATES, NOR ANY DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE FOR ANY DAMAGES OR LOSSES WHATSOEVER RELATING IN ANY WAY TO YOUR USE OF OR RELIANCE ON THIS WEBSITE (OR ANY CONTENT THEREOF OR THEREIN), OR ANY MATERIAL, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

These exclusions are in addition to any specific exclusion otherwise provided in the Terms. To the extent that the jurisdiction to which you are subject does not allow the exclusion of certain warranties, such exclusions that are not permitted do not apply.

Limitation Of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY WILL NOT BE LIABLE UNDER ANY THEORY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, FOR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR OTHERWISE (INCLUDING LOST PROFITS), ARISING FROM ANY USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY OTHER WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE WEBSITE OR ANY OTHER WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY RELEASEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY RELEASEE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE LIABILITY OF COMPANY FOR ANY DAMAGES (DIRECT OR OTHERWISE), PENALTIES, OR LOSSES ARISING OUT OF OR RELATING TO THE WEBSITE OR ANY OTHER WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE WEBSITE OR ANY OTHER WEBSITE, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EXTRA-CONTRACTUAL LIABILITY, DELICT, OR OTHERWISE OF ANY TYPE EXCEED TEN DOLLARS ( $10). ANY CLAIM FOR DAMAGES IN EXCESS THEREOF IS HEREBY WAIVED BY YOU.

Without limitation and notwithstanding anything to the contrary, Company, to the extent permissible by law, shall not be responsible for and shall not be liable to you or to any third parties for any claims, losses, costs, expenses, damages, lost profits, business interruption, loss of programs or other data on your information handling system, or otherwise arising out of or in connection with:

a. failure to perform, delays, interruptions, communication line or system failures including communication malfunctions that affect the transmission, accuracy or timeliness of information, materials, messages, or instructions between you and Company, or which prevent information, messages, or instructions from being transmitted in whole or in part between you and Company;

b. your inability to access, at any time, any part of the Website;

c. interception, loss, or disclosure of confidential or sensitive information transmitted over the Internet, including personal information;

d. lack of suitability, reliability, timeliness, or availability of the Website or products or services offered on the Website; or

e. Company’s failure to take corrective measures.

Your sole and exclusive remedy is to discontinue using and accessing the Website.

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Company, its officers, members, employees, agents, affiliates, subsidiaries, licensors, and service providers from, and waive and release all claims incurred or suffered by any release arising out of or based on any claim or threatened claim based on (a) your use of or access to the Website, or that of or any other person to whom you have provided access to your computer system (b) your violation or breach of any of the Terms, or (c) your violation of any intellectual property rights of any third party.

User Termination Or Suspension

Company, at its sole discretion, reserves the right to terminate or suspend User's use of Website at any time and for any or no reason at all. Upon such termination or suspension, User must discontinue use of the Website. Accessing the Website after such termination or suspension shall constitute an act of trespass.

Reviews, Feedback And Other User Generated Content

Company may seek reviews, feedback, as well as various other kinds of user-generated content (collectively, “content”) from User’s. By User providing content to Company, User represents and warrants that such content does not infringe or violate any third party’s intellectual property or proprietary rights and that User is authorized to grant Company a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license to use such content. The license will include the right of Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.

Notices Of Copyright Infringement (DMCA)

Company respects the intellectual property rights of others. If and when we become aware of allegations of copyright infringement in material distributed through Company Website, we will investigate the allegations and take appropriate action.

You acknowledge that you may be liable for damages, including attorneys' fees and costs if you materially misrepresent that a work or activity is infringing your rights.

If you believe that your copyright is being infringed on Company Website, please provide Company with the following information:

Identification of the copyrighted work claimed to have been infringed;
Identification of the allegedly infringing material on Company Website that is requested to be removed;
Your name, address, email, and phone number;
A statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed, and
An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

Please send the required information to Company via our contact page.

Links To Third Parties

Third-party websites and services, whether accessed via a link on Company Website, to make a payment via an embedded or outside processor, or to login to your User account on Company website through a third-party service (such as a social media platform), are subject to the respective third party’s policies and are not governed by these Terms.

Security Disclaimer

User acknowledges and agrees that use of the Internet and access to Company website is solely at User's own risk. While Company makes efforts to maintain a secure Website, the confidentiality of any communication or information transmitted to/from the Website over the Internet or other form of communication network is outside Company's control and cannot be guaranteed. Accordingly, Company is not responsible for the security of any information transmitted to or from Company's Website.

Reservation Of Company Rights

All rights not expressly delineated in these terms are reserved by Company.

The failure of Company to enforce any provisions of these Terms or respond to a breach by User or other parties shall not in any way waive Company's right to enforce subsequently any provisions of these Terms or to act with respect to similar breaches.

Privacy Policy

Please review our Privacy Policy which governs Company's collection, use, and sharing of personally identifiable information (PII).

Choice Of Law And Jurisdiction

These Terms shall be governed by the laws of the State of Alabama, without regard to principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any state or federal court located in Alabama, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Severability

Any part, provision, or representation of these Terms that is prohibited or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.

Changes To These Terms And Conditions

These Terms, including Privacy Policy, constitute the whole legal agreement between you and Company and govern your use of Website, products, services, and any transactions you may have with Company and completely replaces and supersedes any prior agreements or understanding, arrangements, undertaking, or proposal, written or oral, between you and Company. No oral explanation or oral information given by any party shall alter the interpretation of these Terms.

Company may modify, alter, add to, or otherwise update these Terms at any time by updating this posting. Company may provide notice by any means permitted under applicable law. Continued use of Company website and interaction with Company after updates to these Terms will be governed by the updated Terms.

Terms Last Updated

January 2021