Introduction
These Terms and Conditions (“Terms”) govern your access to and use of our website, 35below.shop (“Website”) and our online store services (“Services”). Our Website and Services are owned and operated by 35 Below®.
Please read these Terms carefully before using our Website or Services. By accessing or using any part of the Website or Services, you agree to be bound by these Terms. If you do not agree to all of these Terms, do not access or use our Website or Services.
These Terms contain an Arbitration Agreement requiring you to arbitrate disputes with 35 Below® instead of going to court.
We may modify these Terms at any time. Your continued use of our Website or Services after changes are posted means you accept the modified Terms. If you do not agree to the modified Terms, you must stop using our Website and Services.
Age Restrictions
You must be at least 18 years old to access or use our Website or Services. If you are under 18 (or the legal age of majority where you live), you may only use our Website or Services under the supervision of a parent or legal guardian who agrees to these Terms.
We do not knowingly collect or solicit personal data from anyone under 18 years old. If we learn we have collected personal data from a minor without parental consent, we will delete it.
Privacy Policy
Please refer to our Privacy Policy to understand how we collect, use, and disclose information from our users. The Privacy Policy is part of and incorporated into these Terms.
Intellectual Property Rights
Our Website and Services contain intellectual property owned by 35 Below®, including copyrights, proprietary information, and trademarks protected by intellectual property laws.
You agree not to copy, modify, create derivative works of, publicly display, distribute, reverse engineer, or otherwise use any of our intellectual property except as expressly authorized in these Terms or with our prior written consent.
User Content
If you post, submit, or otherwise make available any reviews, comments, photos, videos, or other content (“User Content”) through our Services, you grant 35 Below® a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content in any formats and through any channels now known or later developed.
You represent and warrant you have all rights necessary to grant this license and that your User Content does not infringe on any third party copyrights, trademarks, rights of privacy or publicity, or other intellectual property or proprietary rights.
We have no responsibility or liability for any User Content. We may monitor, review, delete, or restrict access to any User Content at any time without notice.
Acceptable Use Policy
You agree not to misuse our Services or assist anyone else to do so. For example, you will not:
- Violate any law or encourage unlawful activity.
- Infringe on our or others’ intellectual property or other legal rights.
- Use automated means to access our Services without our permission.
- Introduce viruses, malware, spyware, or other harmful code into our Services.
- Gain unauthorized access to our Services data.
- Conduct phishing, spamming, deceptive impersonation, or other fraud.
- Use our Services to distribute unsolicited promotional or commercial content.
We reserve the right to terminate your access to our Services if you violate these or any of our other policies.
Purchases and Payments
If you wish to purchase any products or services through our Website (“Purchases”), you may be asked to supply certain payment and account information.
All Purchases are subject to our acceptance at our sole discretion. We will notify you of acceptance by providing the purchased products, delivering the services, charging your submitted payment method, and/or sending you an email confirmation.
All listed prices and offers are subject to change. We reserve the right to correct inadvertent error in pricing at any time, including after an order is submitted. If the corrected price is unacceptable to you, we will reimburse any payment and cancel the purchase.
You agree to pay all charges for your Purchases, including applicable taxes, when we charge the submitted payment method. We may charge interest on any overdue amounts at 1.5% per month or the highest rate permitted by law, whichever is less.
Payment Methods
We accept payment through credit/debit cards and other methods we may add in the future. You represent and warrant you are authorized to submit any payment information provided.
We will store payment information as needed to complete future Purchases you request. You may update payment information by contacting us at [email protected].
Delivery
We will arrange delivery of physical products through reliable shipping partners to the address you provide.
Delivery dates are estimates only and subject to change. We are not liable for any delays in shipment not caused by our intentional or grossly negligent acts.
If you do not receive your shipment within 30 days of the estimated delivery date, please contact us at [email protected] and we will conduct an investigation.
Title and risk of loss pass to you upon our transfer of the products to our shipping partner. We are not liable for lost, stolen, or damaged deliveries after this point.
Returns and Refunds
If you are not completely satisfied with your Purchase, please contact us within 30 days of delivery to request a return authorization. Items must be returned in new and unused condition with original packaging within 30 days of delivery.
Upon receiving your returned items in satisfactory condition, we will issue a full refund to your original payment method. Refunds may take 3-5 business days to process.
Termination
We reserve the right to suspend, deactivate, or delete your account if we determine you have violated these Terms.
You may deactivate your account at any time by contacting us at [email protected]. Deactivation does not relieve you of any outstanding payment obligations.
Disclaimers and Limitation of Liability
Our Website and Services are provided “as is” without warranty of any kind. We disclaim all express, implied, and statutory warranties including warranties of merchantability, fitness for a particular purpose, and non-infringement.
We have no control over third party technologies, content, or information accessed through our Services. We do not assume any responsibility or liability for their availability, accuracy, or legality.
You use our Website and Services at your own sole risk. We are not liable for any damages that result from your use or inability to use our Website or Services including, but not limited to, reliance on information obtained on our Website or Services, service interruptions, security breaches, computer viruses, loss of data, lost profits, lost revenue, or similar foreseeable business losses.
Our maximum aggregate liability arising out of or relating to your use of our Website and Services is limited to the greater of $100 or the amount you paid to us in the past year.
Certain state laws do not allow limitations on implied warranties or exclusion of certain damages. If these laws apply, some or all of the disclaimers, exclusions, or limitations above may not apply to you.
Indemnification
You agree to defend, indemnify, and hold 35 Below® harmless from any claims, damages, liabilities, losses, or expenses (including attorneys’ fees) arising from:
- Your misuse of our Website or Services;
- Your violation of any portion of these Terms;
- Your violation of any third-party rights, applicable laws or regulations.
We reserve the right to assume exclusive defense and control in any matter subject to indemnification by you. You agree not to settle any such matter without our prior written consent.
Dispute Resolution and Arbitration
Please read this Arbitration Agreement carefully. It requires you to arbitrate disputes with us and limits the manner in which you can seek relief from us.
Any dispute arising from your use of any of our Website or Services shall be settled through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes.
The arbitration will take place in the United States county where you reside. All proceedings shall be held in English.
Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Arbitration fees and costs shall be split evenly between you and us. However, we will reimburse your portion of any arbitration fees if the arbiter determines you are the prevailing party.
You and we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.
You have the right to opt out of this Arbitration Agreement within 30 days of the first acceptance date of these Terms by emailing us at [email protected] stating your name and intent to opt out of the Arbitration Agreement. However, you must still adhere to all other clauses in these Terms.
This Arbitration Agreement survives termination of your relationship with us and continues in full force and effect unless you opted out per the instructions above.
Governing Law
These Terms and your access to and use of our Website and Services are governed by and construed in accordance with the laws of the United States and the state of Tennessee, without regard to conflict of law principles.
Any dispute or claim not subject to arbitration shall be resolved in the federal or state courts located in Nashville, Tennessee. You and we hereby submit to personal jurisdiction in those courts.
Changes to These Terms
We may revise these Terms at any time by updating this document. Your continued usage of our Website or Services after new terms take effect constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using our Website and Services.
Contact Us
If you have any questions about these Terms, please contact us at:
Email: [email protected]
Phone: 1-800-555-1234
These Terms constitute the entire agreement between you and 35 Below® governing your access to and use of our Website and Services. Thank you for choosing 35 Below®!
