TERMS OF SERVICE
Effective Date: April 23, 2023
Welcome to Vetchy Swimwear. These Terms of Service set forth the terms and conditions that apply to your access and use of our website (https://vetchy.com/) (the “Site”) and other services (collectively, the “Services”) provided by Vetchy. Please review the following terms carefully. If you do not agree to these terms, you may not access or use the Services.
THESE TERMS OF SERVICE CONTAIN A CLASS ACTION WAIVER, JURY WAIVER, AND AN AGREEMENT TO RESOLVE ANY DISPUTE THAT MAY ARISE BY ARBITRATION.
The terms “Vetchy” or “us” or “we” or “our” refer to Vetchy, LLC, the owner of the Services. The terms “you” or “your” refer to the user or viewer of the Services.
1. Acceptance. You agree to the terms and conditions set forth in these Terms of Service (the “Terms of Service”). These Terms of Service are the only agreement between us and you and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Services, the content, products or services provided by or through the Services, and the subject matter of these Terms of Service. You must be at least the age of legal majority where you live (which is currently 18 years old in most states) to use our Services, or you must have the permission of your parent or guardian who must agree to these terms on your behalf.
2. Modifications. These Terms of Service may be amended at any time by us without specific notice to you. The latest version will be posted on our website, and you should review these Terms of Service prior to using the Services, so you are aware of any changes. Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes.
4. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Services are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Services, except as allowed by these Terms of Services below, is strictly prohibited. You do not acquire ownership rights to any content or other materials viewed through the Services. The postings of information or materials on the Services does not constitute a waiver of any right in such information and materials. Some of the content on the Services is the copyrighted work of third parties.
5. Trademarks. Vetchy’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Vetchy or its affiliates or licensors. You must not use such marks without the prior written permission of Vetchy. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
6. Limited License; Permitted Use. You are granted a non-exclusive, non-transferable, revocable license to access and use the Site and Services strictly in accordance with these Terms of Services. All other rights are reserved.
7. Restrictions and Prohibitions on Use. You agree to use the Site and Services only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable law, rules or regulations. You may not:
- sell or resell any products purchased and/or samples that you purchased or otherwise received from us;
- use the Services in any manner that could damage, disable, overburden, or impair the Service, or interfere with any other party's use and enjoyment of the Site or Services;
- attempt to gain unauthorized access to the Site, the Services, or the computer systems or networks connected to the Service through hacking, password mining or any other means;
- create user accounts by automated means or under false or fraudulent pretenses;
- transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- upload, post, email or transmit, or otherwise make available through the Services any inappropriate, defamatory, infringing, obscene, or unlawful content;
- upload, post, email or transmit, or otherwise make available through the Services any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;
- upload, post, email or transmit, or otherwise make available through the Services any materials that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law;
- run Mail list, Listserv, or any form of auto-responder or "spam" on the Services;
- use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site, including to engage in the practices of "screen scraping," "database scraping" or any other activity with the purpose of obtaining content or other information;
- interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Services, including to utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over the Site's pages, or otherwise affect the display of the Site's pages;
- impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Site or Services;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services or collect information about its Users for any unauthorized purpose;
- submit content that falsely expresses or implies that such content is sponsored or endorsed by us, any of its affiliates or any third parties;
- use the Site or Services for any illegal or unauthorized purpose (including, without limitation, in violation of any United States federal and state laws or regulations, or equivalent laws or regulations in foreign jurisdictions;
- promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
- share or disclose with anyone any information obtained through the Service about any investment offerings; or
- use the Services for any commercial purpose whatsoever other than for your personal use.
8. Account Creation and Guidelines. You may need to create an account in order to access and use certain Services and/ or features on the Site. In order to create an account, you will be required to provide us with certain information, including, but not limited to, your name, email address, and phone number. You agree to provide us with accurate, complete registration information. Your registration must be done using your real name. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (i) any other person using the registered sections under your name; or (ii) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. You acknowledge and agree that (i) any post or recommendation from your account will be deemed to be a post or recommendation authored or sent by you; (ii) all posts and recommendations should be related to the applicable topic, product, or service and shall not be abusive, obscene, threatening, defamatory, libelous, explicit, or offensive in any way; (iii) all posts will be accurate and truthful; (iv) you will not sell or buy any product or service through the Services that is not intended to be sold or bought through the Services; (v) you will not post information that (A) infringes on the intellectual property of other, (B) is confidential or sensitive, or (C) is illegal or objectionable. You authorize Vetchy, directly or through third parties, to make any inquiries we consider necessary to validate your identity. Vetchy reserves the right to close, suspend, or limit access to your account and/or the Services in the event that, in our sole discretion, (a) we are unable to obtain or verify identity or eligibility; (b) the security of your account has been compromised; or (c) your account has been used in, or seems to have been used in, a nefarious manner.
9. Content, Errors, Corrections and Changes. We aim to maintain accuracy throughout the Services, but we do not represent or warrant that the Services will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Services will be correct, accurate, timely or otherwise reliable or appropriate for your use. We may make changes to the features, functionality or content of the Services at any time. We do not routinely screen or monitor the Services, but we reserve the right in our sole discretion to edit or delete any information or Content appearing on the Services, but we do not have the obligation to do so.
10. Third-Party Content. The products, content, and services from third parties that appear throughout the Services are the products, content, and services of those third parties. Vetchy does not endorse, support, represent, or guarantee the accuracy, reliability, or quality of these products, content, or services. If you access any third party’s website, service, or content, you do so at your own risk and you agree that Vetchy has no liability arising from your use or access to such third party’s website, service, product, or content. Other third-party content may appear on the Services or may be accessible via links from the Services. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Services. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
11. Unlawful Activity. We reserve the right to investigate complaints or reported violations of the Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
12. Indemnification. You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers or information and documents, attorneys, advertisers, products and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of these Terms of Service or use of the Services.
13. Nontransferable. Your right to use the Site and Services is not transferable or assignable. Any password or right given to you to obtain information is not transferable or assignable.
15. Disclaimer. You understand that the processing and transmission of communications relating to the use of the Site or the Services, including your data, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting to various networks or devices. Therefore, you agree that we will not be liable for the timeliness, deletion, mis-delivery or failure to store any data, information or content transmitted by you through the Site. WE PROVIDE THE SITE AND THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We make no representation or warranty that (i) the Site or the Services will meet your expectations or requirements, (ii) the Site or the Services will be uninterrupted, timely, accurate, secure, complete or error-free, (iii) any results or information that may be obtained from the use of the Site or the Services will be accurate, timely, complete or reliable and (iv) any errors in any software used on the Site or in connection with the Services will be corrected. Operation of the Site may be interfered with by numerous factors outside of our control including, but not limited to, telecommunications network disruptions. We are not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Site or the Services. While we have endeavored to create a secure and reliable Site, we are not responsible for the security of information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You must make your own determination as to these matters. We and our affiliates shall not be liable for damages as a result of any delay or other failure of performance due to causes beyond our reasonable control including, without limitation, acts of God, acts of customer or any of its representatives, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, pandemic, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses. The Site may be temporarily unavailable from time to time for maintenance or other reasons.
16. LIMITATION OF LIABILITY. IN NO EVENT SHALL WE, OUR AFFILIATES OR OUR LICENSORS, TOGETHER WITH EACH OF OUR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) FOR (I) ANY LOST OR CORRUPTED DATA, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AGGREGATE OF THE FEES PAID BY YOU OR US FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT ANY CLAIM ARISES, OR (B) $100.
18. Enforceability. If any provision of these Terms of Services is found invalid or unenforceable pursuant to judicial decision, the remainder of these Terms of Services will remain valid and enforceable according to its terms.
19. Legal Compliance. You agree to comply with all applicable domestic and international laws, statutes, and regulations regarding your use of the Site and Services provided therein.
20. Contact Information. If you have any questions or concerns about these Terms of Service, please email us at firstname.lastname@example.org
ARBITRATION, JURY WAIVER, AND CLASS ACTION WAIVER
Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Vetchy and limits the manner in which you can seek relief from Vetchy.
General. The parties shall attempt in good faith to resolve any dispute arising out of or relating to these Terms of Service promptly by negotiation between individuals who have authority to settle the controversy. If good faith negotiations do not lead to an amicable resolution within thirty (30) business days of commencing negotiations, any controversy or claim arising out of or relating to these Terms of Service, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. The tribunal will consist of one arbitrator. The arbitration will take place in the city and country where Vetchy’s headquarters is located. If this location is not feasible, the arbitration shall occur in a location of Vetchy’s choosing. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Waiver of Jury Trial. YOU AND VETCHY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Vetchy are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Vetchy over whether to vacate or enforce an arbitration award, YOU AND VETCHY WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. YOU AND VETCHY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Vetchy is entitled to arbitration, and all claims and disputes will be resolved pursuant to Section 20(e).
Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 10250 Constellation Blvd, Los Angeles, CA 90067, postmarked within thirty (30) calendar days of first accepting these Terms of Service. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms of Service’s arbitration provisions.
Exclusive Venue. If you send the opt-out notice in Section 21(d), and/or in any circumstances where the foregoing arbitration agreement permits either you or Vetchy to litigate any dispute arising out of or relating to the subject matter of this arbitrations agreement or these Terms of Service in court, then the foregoing arbitration agreement will not apply to either party, and both you and Vetchy agree that any judicial proceeding will be brought in the state or federal courts located in California.
This arbitration agreement will survive any termination of your relationship with Vetchy.