Welcome to Flexifits LLC. Flxifits LLC enables you to ________Shop our products through
our Site . Prior to use, we require that you read and accept all of the terms and
constitute a legally binding agreement made between you, whether personally or on
behalf of an entity (“you”) and FlexiFits, LLC (“FlexiFits, LLC” "Company," “we," “us," or
“our”), concerning your access to and use of the Site as well as any other media form,
media channel, mobile Site or mobile application related, linked, or otherwise connected
thereto (collectively, the “Services”). You agree that by accessing the Site, you have read,
understood, and agreed to be bound by all of these Terms. IF YOU DO NOT AGREE WITH
SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from
time to time are hereby expressly incorporated herein by reference. We reserve the
right, at our sole discretion, to make changes or modifications to these Terms at any
time and for any reason. We will alert you about any changes by updating the “Last
of each such change. Please ensure that you check the applicable Terms every time you
use our Site so that you understand which Terms apply. You will be subject to, and will
be deemed to have been made aware of and to have accepted, the changes in any
revised Terms by your continued use of the Site after the date such revised Terms are
posted. If you do not accept and agree to be bound by these Terms, including our
(collectively, “Services”). By accessing the Site, you consent to these Terms in electronic
form. To withdraw this consent, you must cease using the Site and, if applicable,
terminate your account.
The information provided on the Site is not intended for distribution to or use by any
person or entity in any jurisdiction or country where such distribution or use would be
contrary to law or regulation or which would subject us to any registration requirement
within such jurisdiction or country. Accordingly, those persons who choose to access the
Site from other locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance
Portability and Accountability Act (HIPAA), Federal Information Security Management
Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not
use this Site. You may not use the Site in a way that would violate the Gramm-LeachBliley Act (GLBA).
The Site is intended for users who are at least 18 years old. Persons under the age of 18
are not permitted to use or register for the Site.
Your Use of the Site:
You may not attempt to gain unauthorized access to any portion or feature of the Site, or
any other systems or networks connected to the Site or to any FlexiFits Company server,
or to any of the services offered on or through the Site, by hacking, password “mining”
or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to
the Site, nor breach the security or authentication measures on the Site or any network
connected to the Site. You may not reverse look-up, trace or seek to trace any
information on any other user of or visitor to the Site, or any other customer of FlexiFits
, including any FlexiFits account not owned by you, to its source, or exploit the Site or
any service or information made available or offered by or through the Site, in any way
where the purpose is to reveal any information, including but not limited to personal
identification or information, other than your own information, as provided for by the
You agree that you will not take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of the Site or FlexiFits systems or
networks, or any systems or networks connected to the Site.
You agree not to use any device, software or routine to interfere or attempt to interfere
with the proper working of the Site or any transaction being conducted on the Site, or
with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the
origin of any message or transmittal you send on or through the Site. You may not
pretend that you are, or that you represent, someone else, or impersonate any other
individual or entity.
You may not use the Site for any purpose that is unlawful or prohibited by these Terms
of Use, or to solicit the performance of any illegal activity or other activity which
infringes the rights of FlexiFits or any third parties.
Changes to the Site:
FlexiFits reserves the right to do any of the following, at any time, without notice: (1) to
modify, suspend or terminate operation of or access to the Site, or any portion of the
Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any
applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion
of the Site, as necessary to perform routine or non-routine maintenance, error
correction, or other changes.
Intellectual Property Rights:
Unless otherwise indicated, the Site is our proprietary property and all databases,
functionality, software, text, graphics, user interfaces, visual interfaces, photographs,
trademarks, logos, sounds, music, artwork and computer code (collectively, “ Company
Content”), including but not limited to the design, structure, selection, coordination,
expression, “look and feel” and arrangement of such Company Content, contained on
the Site is owned, controlled or licensed by or to FlexiFits and is protected by trade
dress, copyright, patent and trademark laws, and various other intellectual property
rights and unfair competition laws of the United States, international copyright laws and
The Content and the Marks are provided on the Site “AS IS” for your information and
and no Content may be copied, reproduced, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted or distributed in any way (including
“mirroring”) to any other computer, server, Web site or other medium for publication or
distribution or for any commercial enterprise, without FlexiFits express prior written
Limited Licensed Solely for Personal Use:
You understand and agree that the FlexiFits Site content is licensed to you solely for your
personal, non-commercial use (including use by a child for whom you are responsible).
Usage of the Site content for corporate or commercial purposes without an explicit
commercial license from FlexiFits is prohibited and constitutes both copyright and
You may not sell, rent, lease, or otherwise transfer the License to any other person.
To the extent you need to download software or documentation to use the Services, we
grant you a limited, non-assignable, non-transferable, revocable license to use such
software or documentation solely to utilize the Services. Such license will terminate
when you no longer use the Services.
The Site does not offer users to submit or post content. We may provide you with the
opportunity to create, submit, post, display, transmit, perform, publish, distribute, or
broadcast content and materials to us or on the Site, including but not limited to text,
writings, video, audio, photographs, photographs taken of me or my underage children
during or in the context of the provision of services, graphics, comments, suggestions, or
personal information or other material (collectively, "User-Generated Content”). User
Generated Content includes anything you upload to, store on, or transmit through the
Site, and other data, documents, photos, and video:
User Generated Content may be viewable by other users of the Site and through thirdparty websites and will therefore be deemed not confidential and may be used by
FlexiFits for any purpose. As such, any User Generated Content you transmit may be
any User Generated Content, you thereby represent and warrant that:
▪ The creation, distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your User Generated Content do not and
will not infringe the proprietary rights, including but not limited to the copyright,
patent, trademark, trade secret, or moral rights of any third party.
▪ You are the creator and owner of or have the necessary licenses, rights, consents,
releases, and permissions to use and to authorize us, the Site, and other users of
the Site to use your User Generated Content in any manner contemplated by the
▪ You have the written consent, release, and/or permission of each and every
identifiable individual person in your User Generated Content to use the name or
likeness of each and every such identifiable individual person to enable inclusion
and use of your User Generated Content in any manner contemplated by the Site
▪ Your User Generated Content is not false, inaccurate, or misleading.
▪ Your User Generated Content is not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass mailings, or
other forms of solicitation.
▪ Your User Generated Content is not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as determined by
▪ Your User Generated Content does not ridicule, mock, disparage, intimidate, or
▪ Your User Generated Content is not used to harass or threaten (in the legal sense
of those terms) any other person and to promote violence against a specific person or class of people.
▪ Your User Generated Content does not violate any applicable law, regulation, or rule.
▪ Your User Generated Content does not violate the privacy or publicity rights of any third party.
▪ Your User Generated Content does not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
▪ Your User Generated Content does not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or physical handicap.
result in, among other things, termination or suspension of your rights to use the Site.
FlexiFits does not attest to the accuracy of any User-Generated Content available on the
Site, and you rely on the information conveyed in such User-Generated Content at your
By using the Site you hereby grant permission to FlexiFits and its agents and employees
the right to reproduce the photograph and/or video images taken of you, or your
underage children during the delivery of the Services, for the purpose of SELF USE and or
SELF PROMOTION, publications which can include but are not limited to, books, cards,
and websites without any more compensation or recognition given to me. Furthermore,
you grant creative permission to alter the photograph(s).
You do not grant permission to resale or use the photographs in a manner that would
exploit or cause malicious representation toward you or your family members.
Additionally, you grant permission to use your statements that were given during an
interview or lecture, with or without your name, for the purposes of publicity without
User Generated Content License:
You agree that we may access, store, process, and use any User Generated Content,
and your choices (including settings).
By submitting suggestions or other feedback regarding the Site, you agree that we can
use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your User Generated Content. You retain full
ownership of all of your User Generated Content and any intellectual property rights or
other proprietary rights associated with your User Generated Content. We are not liable for any statements or representations in your User Generated Content provided by you
in any area on the Site. You are solely responsible for your User Generated Content to
the Site and you expressly agree to exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your User Generated Content.
By using the Site, you represent and warrant that: (1) you have the legal capacity and
in which you reside; (3) you will not access the Site through automated or non-human
means, whether through a bot, script, or otherwise; (4) you will not use the Site for any
illegal or unauthorized purpose; and (5) your use of the Site will not violate any
applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we
have the right to suspend or terminate your account and refuse any and all current or
future use of the Site (or any portion thereof).
FlexiFits does not permit copyright infringing activities and infringement of any other
intellectual property rights on our Site , and will remove all Content if properly notified
that such Content infringes on another's intellectual property rights. FlexiFits reserves
the right to remove Content without prior notice.
If you are a copyright owner or an agent thereof and believe in good faith that any
materials on the Site infringe upon your copyrights, you may submit a notification
pursuant to the Digital Millennium Copyright Act by sending the following information in
writing to FlexiFits designated copyright agent at [Flexifits.firstname.lastname@example.org.
• Your name and electronic signature of a person authorized to act on behalf of the
owner of the exclusive right that is allegedly infringed;
• A description of the copyrighted work that you claim has been infringed. If this
notice covers multiple copyrighted works, you may provide a representative list of the copyrighted works that you claim have been infringed;
• A description of the material that you claim is infringing (or to be the subject of
infringing activity) and information reasonably sufficient to permit us to locate the
• Information sufficient to contact you, including your mailing address, telephone
number, and, if available, email address;
• A statement that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement that the information provided in the notice is accurate, and under
penalty of perjury, that you are the owner, or agent thereof, of the copyright or of an
exclusive right under the copyright that is allegedly infringed; and
• Your full legal name and your electronic or physical signature.
If you believe that your content that has been removed from the App [or Site] does not
infringe or that you have the authorization from the copyright owner, you may send a
counter-notice to FlexiFits. To do so, send the following information to our copyright
agent using the contact information set forth above.
• A description of the material that has been removed and the location at which
the content appeared before it was removed;
• A statement that you have a good faith belief that the content was removed as a
result of mistake or a misidentification of the content;
• Information sufficient to contact you, including your mailing address, telephone
number, and, if available, email address;
• A statement that you will consent to the jurisdiction of the federal court for the
judicial district in which your address is located, or if your address is outside of the
United States, for any judicial district in which FlexiFits may be found;
• A statement that you will accept service of process from the person who
provided the notification of the alleged infringement; and
• Your full legal name and your electronic or physical signature.
If a counter-notice is received by FlexiFits copyright agents, FlexiFits may send a copy of
the counter-notice to the original complaining party informing such person that FlexiFits
may reinstate the removed content in 10 business days. Unless the copyright owner files
an action seeking a court order against the content provider, member or user, the
removed content may, at FlexiFits discretion, be reinstated on the Site in 10 to 14
business days or more after receipt of the counter-notice.
Third-Party Website and Content:
The Site may contain (or you may be sent via the Site) links to other websites ("Third7
Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music,
sound, video, information, applications, software, and other content or items belonging
to or originating from third parties ("Third-Party Content"). Such Third-Party Websites
and Third-Party Content are not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible for any Third-Party
Websites accessed through the Site or any Third-Party Content posted on, available
through, or installed from the Site, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices, or other policies of or contained in the Third-Party
Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or
installation of any Third-Party Websites or any Third-Party Content does not imply
approval or endorsement thereof by us. If you decide to leave the Site and access the
Third-Party Websites or to use or install any Third-Party Content, you do so at your own
the applicable terms and policies, including privacy and data gathering practices, of any
website to which you navigate from the Site or relating to any applications you use or
install from the Site. Any purchases you make through Third-Party Websites will be
through other websites and from other companies, and we take no responsibility
whatsoever in relation to such purchases which are exclusively between you and the
applicable third party. You agree and acknowledge that we do not endorse the products
or services offered on Third-Party Websites and you shall hold us harmless from any
harm caused by your purchase of such products or services. Additionally, you shall hold
us harmless from any losses sustained by you or harm caused to you relating to or
resulting in any way from any Third-Party Content or any contact with Third-Party
By submitting your payment information to us, you authorize us (or our third-party
payment processor) to charge your credit card or other available payment method for
the total amount of your purchase (including any applicable taxes and other charges)
(collectively, as applicable, an “Order”) in accordance with this policy. You acknowledge
that the amount billed may vary due to promotional offers, changes in applicable taxes
or other charges, and you authorize us (or our third-party payment processor) to charge
your payment method for the corresponding amount. You represent that you will not
use any credit card or other form of payment unless you have all necessary authorization
to do so. We will not be liable in the event others acting with or without your permission
use your credit card or other payment method to make Orders on the Site; however, you
may report any unauthorized use to us, and we will use reasonable measures within our
control to help prevent future unauthorized use of your credit card or other payment
If your payment method cannot be verified, is invalid or is otherwise not acceptable,
your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order.
All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are
additional. We reserve the right to adjust prices as we may determine in our sole
discretion, at any time and without notice. We will not, however, be able to notify you of
changes in any applicable taxes.
• Changes to your Order and Modifications to the Site:
All of our products are subject to availability, and we reserve the right to impose
quantity limits on any Order, to reject all or part of an Order, to discontinue offering
certain products and to substitute products without prior notice. Given market
conditions beyond our control, we may be required to make substitutions from time to
time. If you are not satisfied with a substitution, please contact us at [Insert Destiny’s Boutique Contact Information].
In addition, occasionally there may be information on our Site that contains errors,
inaccuracies or omissions that may relate to product descriptions, pricing, promotions,
offers, and product shipping charges and schedules. 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 Site 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 Site,
including without limitation, pricing information, except as required by law, and we
reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or
permanently, the Site (or any features or parts thereof). No specified update or refresh
date applied in the Site should be taken to indicate that all information in the Site has
been modified or updated.
We will collect applicable sales tax on products shipped to the states for which we
determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree
that the amount of taxes shown at checkout may be adjusted to comply with applicable
• Shipping & Returns:
We offer many products which may be shipped to you either directly from us or via a
third-party fulfillment service provider. You agree to pay any shipping and handling
charges shown at the time you make a purchase. We reserve the right to increase,
decrease, add or eliminate shipping and handling charges from time to time, but we will
provide notice of the charges applicable to you before you make your purchase. Shipping
is handled by a third-party fulfillment service provider. When you purchase a product
from us, any shipping times shown on the Site are estimates only. Actual delivery dates
may vary. All products purchased from us are made pursuant to a shipment contract.
This means that title to and the risk of loss of such products passes to you upon our
delivery of the products to the third-party fulfillment service provider.
Please check all shipping addresses carefully, as we will not offer refunds for any
returned products. Should you have additional questions relating to order processing
and handling, returns and/or exchanges, please contact [Insert Destiny’s Boutique
• No Resale:
You are not permitted to resell, export or otherwise use our products for commercial
purposes without our prior written consent.
We reserve the right to change, modify, or remove the contents of the site at any time or
for any reason at our sole discretion without notice. However, we have no obligation to
update any information on our site. We also reserve the right to modify or discontinue
all or part of the site without notice at any time. We will not be liable to you or any third
party for any modification, price change, suspension, or discontinuance of the site. We
cannot guarantee the site will be available at all times.
We may experience hardware, software, or other problems or need to perform
maintenance related to the site, resulting in interruptions, delays, or errors. We reserve
the right to change, revise, update, suspend, discontinue, or otherwise modify the site at
any time or for any reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to access or
use the site during any downtime or discontinuance of the site. Nothing in these terms
will be construed to obligate us to maintain and support the site or to supply any
corrections, updates, or releases in connection therewith.
FlexiFits DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE
ACCESSED THROUGH THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY
DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC
RESULTS. THE SERVICES, THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND
“AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO
CHANGE WITHOUT NOTICE.
FLEXIFITS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM
THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
FLEXIFITS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY
WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. FLEXIFITS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS,
OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED
TO YOUR USE OF THE SITE, AND/OR ANY FLEXIFITS SERVICES. YOU ASSUME TOTAL
RESPONSIBILITY FOR YOUR USE OF THE SERVICES, AND THE SITE AND ANY LINKED SITES.
YOUR SOLE REMEDY AGAINST FLEXIFITS FOR DISSATISFACTION WITH THE SERVICES, THE
SITE OR ANY CONTENT IS TO STOP USING THE SERVICES, SITE OR ANY SUCH CONTENT.
THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of
performance, error, omission, interruption, deletion, defect, delay in operation or
transmission, computer virus, communication line failure, theft or destruction of or
unauthorized access to, alteration of, or use, whether for breach of contract, tort,
negligence or any other cause of action.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision
of these Terms, if your jurisdiction has provisions specific to waiver or liability that
conflict with the above then our liability is limited to the smallest extent possible by law.
Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death
or personal injury caused by its negligence or that of any of its officers, employees or
agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to
exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT
REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA
RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF
CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT
EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN
HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM
OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU
HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE
SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
We reserve the right to refuse any order you place with us. 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 we make a change to or cancel an order, we will attempt to notify you by
contacting the email 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 will indemnify and hold our officers, directors, employees, and agents harmless from
any claim or demand, including reasonable attorneys' fees, made by any third party due
Site, or services, and/or your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee
Choice of Law:
state, federal, or otherwise—applicable in the State of California, without giving effect to conflicts of law principles.
To expedite resolution and control the cost of any dispute, controversy, or claim related
you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first
attempt to negotiate any Dispute (except those Disputes expressly provided below)
informally for at least thirty (30) days before initiating proceedings in a court of law. Such
informal negotiations commence upon written notice from one Party to the other Party.
Forum of Dispute
Services to you must be initiated and resolved in a court of competent jurisdiction in the
State of California. The Parties hereby consent to, and waive all defenses of lack of
personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction
in such state and federal courts. Application of the United Nations Convention on
Contracts for the International Sale of Goods and the Uniform Computer Information
Transaction Act (UCITA) is excluded from these Terms.
If you fail to bring a dispute in compliance with these "Forum of Dispute" provisions, we
may make a motion to dismiss your claim, which you must consent to, and you will be
responsible for all of our reasonable attorneys' fees, costs, and disbursements involved
in making such a motion.
Additionally, the successful party in any dispute will be entitled to receive from the
unsuccessful party all of its reasonable attorneys' fees, cost, and disbursements.
operation, FLEXIFITS shall have the sole right to elect which provision remains in force.
California Users And Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California Department of
Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento,
California 95834 or by telephone at (800) 952-5210 or (916) 445-1254
please contact us at: FLEXIFITS.ACTIVEWEAR@GMAIL.COM