LEGAL NOTICE

Terms Of Use

Welcome to VIBETWLV.com (the “Website” or “Site”), a website owned and operated by VIBE TWLV (“VIBE TWLV,” “we,” or “us”). These Terms of Use and the Privacy Policy apply to all visitors, users, and others who access this Website (“Users” and/or “you”). These Terms of Use explain the terms by which you may use our Website and our services. By accessing or using the Website, you signify that you have read, understood, and agree to be bound by these Terms of Use (“Terms of Use”), whether or not you have registered to create an account http://vibetwlv.com/account/login. 

These Terms of Use and our Privacy Policy create the terms of your and our agreement whenever you use this Website, and when you choose to purchase products through this Website.

Please read these Terms of Use carefully before you start to use this Website. By accessing or using this Website and/or purchasing products through our Website, you agree to be bound and abide by these Terms of Use and our Privacy Policy.

If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use this Site.

Age Requirement
If you are not at least 13 years old, do not use this Website. If you are between the ages of 13 and 18, we assume that if you are using this Site or purchasing products through this Site, you have the permission of a parent or guardian to do so. If you do not, then do not use this Site or purchase products on this Site.

Changes and Updates
We reserve the right to amend these Terms of Use and Privacy Policy at any time and without prior notice. If we do this, we will post the amended Terms of Use and/or Privacy Policy and indicate at the top of the Terms of Use or the Privacy Policy, as the case may be, the date such was last revised. Your continued use of this Website after any such changes are made means you accept the new Terms of Use and Privacy Policy. If you do not agree to any changes or additions to these Terms of Use, do not continue to use or access this Site.

Accessing this Website and Account Security
We reserve the right to withdraw or amend any material we provide on this Website in our sole discretion. We will not be liable if for any reason all or any part of this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of this Website, or the entire Website, to users, including any registered users.

If you register for an account, you will be asked to provide to us certain personal information at the point of collection and to create a password (see our Privacy Policy for more information). If you think someone else has compromised your account or taken your password without permission, please alert us immediately at INFO@VIBETWLV.COM

If we think you or someone else is using this Website or your account in a way not allowed by these Terms of Use, we have the right to disable your account or other credentials you set up at any time.

Use of Your Account
You are responsible for all activity on the Site from your account or that use your credentials. You are responsible and liable for any security breaches that occur with respect to the Website through your account.

Use of Our Website
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” or any other tool or malicious code that would disrupt our Website or try to compromise other users and other accounts. This Site does not allow users to post content.

You agree that you will not use any means with respect to the Website, including any automatic or electronic means, to obtain or access any information, data, or materials provided by any other users.

Shopping

Check Out
When you check out, the data is transmitted to our third-party payment processing company (at present, we use Shopify). Shopify stores your payment information on our behalf. If you use other means of payment (such as ApplePay), you will be entering your information into those third parties’ sites, and you should review those providers’ terms of use and privacy policies.

Back Order
If any item you select is on back order, we will send you updates to let you know when it will be available. This notice will be sent to the email you give us when you are getting ready to check out.

Pricing and Product Errors/Corrections
We endeavor to present current, accurate, and reliable information regarding our products. However, on occasion, this Site may contain typographical errors, inaccuracies, or omissions that may be with regard to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct errors or to update product information at any time without prior notice. If a product is listed at an incorrect price due to an error on this Site, to the fullest extent allowed by law, we reserve the right to refuse or cancel any orders placed for any product listed at the incorrect price. Further, to the fullest extent allowed by law, we reserve the right to refuse or cancel any such orders, regardless of whether the order has been confirmed and your method of payment charged. If your method of payment has already been charged for the purchase and your order is then canceled, we will issue a credit to your original method of payment for the amount of the incorrect price.

Not for Resale
You are expressly prohibited from using this Site to purchase any product for purposes of resale by you or any other person, and we expressly disclaim all warranty for claims for damages or otherwise, including all indirect or consequential damages resulting from your intent to, attempt to, or actual resell any product purchased from the Website.

Problems
If there is a problem with the information you give us when you check out, we will try to reach you through the contact information you provided.

Fraud
If there is any concern about fraud or credit, we will let you know if we are allowed by law. We may be required by law to first report the problem to law enforcement officials. We use a third-party vendor to detect fraud.

Your Money
When you check out, and put in your payment information, you promise, represent, and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes that could impact your order, your account, or your payment.

Cancelling or Returning Products
Please see our return and cancellation policy by clicking here.

Prices and Taxes
We may change the prices of our products from time to time. Different locations require us to charge and collect sales tax at the time of checkout. Except to the extent required under applicable tax laws, the actual tax amount that will be applied to your order and charged to your payment method is based on calculations on the date of shipment, regardless of when the order was placed.

Shipping Choices and Costs
When you check out, you will select your means and timing of shipment. If you do not live in the United States, where we are based, you may also have to pay import duties that will be reflected in your final order summary.

Proprietary Rights
This Website and its entire contents, our products, and the photographs of our models and our products (including but not limited to all information, trademarks, marks, service marks, displays, images, video and audio, and the design, selection, and arrangement thereof) (collectively and individually, the “Materials”) are VIBE TWLV, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and/or other intellectual property or proprietary rights laws. You promise and agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any VIBE TWLV Materials. Use of the VIBE TWLV Materials for any purpose not expressly permitted by these Terms of Use is strictly prohibited.
You may choose to submit to us comments or suggestions about the Site and our products. By submitting a comment or suggestion, you understand and agree that we have the unlimited right to use those comments or suggestions for any purpose, without any compensation or attribution to you.

Security
We have implemented reasonable technical, security, and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. For more information, see our Privacy Policy. 

Not withstanding these reasonable measures, we cannot guarantee that someone will not be able to access your information without our or your permission. It is your choice whether or not to provide information to us through this Website.

Third-Party Service Provider
When you proceed to checkout, your information will be transmitted to our third-party payment processor (at present, Shopify). We also have a third party that monitors our eCommerce transactions to detect fraud. See our Privacy Policy for more information about our third-party providers.

Third-Party Sites
If you link to another website from this Website for any other goods or services, or if you come to this Site from a third-party site, you understand that these Terms of Use and the Privacy Policy do not apply to your use of those other sites. You expressly relieve VIBE TWLV from any and all liability arising from your use of any third-party website or services.

Indemnity
To the fullest extent allowed by law, you agree to defend, indemnify, and hold harmless VIBE TWLV and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to this Website and the purchase of our products; (ii) your violation of any term of these Terms of Use; and (iii) your violation of any third party right, including without limitation any right of privacy or intellectual property right.

Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY LAW, VIBE TWLV SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOST PROFITS RESULTING FROM OR CAUSED BY YOUR USE OF THIS WEBSITE OR THE PURCHASE OF ANY PRODUCT FROM THIS WEBSITE.

SOME STATES DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IF YOU LIVE IN CALIFORNIA, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS IN FULL: “[A] GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Dispute Resolution and Arbitration
We agree that any dispute, claim, or controversy arising from or relating to your use of this Website, the products, or these Terms of Use or Privacy Policy will be settled by arbitration in the State of California. The arbitrator may award damages on an individual basis only, and not in a class, collective, or representative action. Any award in arbitration shall be final and binding, and the award may be entered in any court of competent jurisdiction. The parties to these Terms of Use acknowledge and agree that they are each waiving the right to a trial by jury.

We agree that any dispute, claim, or controversy arising from or relating to your use of this Website, the products, or these Terms of Use or Privacy Policy will be settled by arbitration in the State of California. The arbitrator may award damages on an individual basis only, and not in a class, collective, or representative action. Any award in arbitration shall be final and binding, and the award may be entered in any court of competent jurisdiction. The parties to these Terms of Use acknowledge and agree that they are each waiving the right to a trial by jury. This arbitration agreement does not apply to claims for injunctive or other equitable relief related to a claim for infringement or misappropriation of intellectual property.

Governing Law
These Terms of Use and Privacy Policy are governed by the laws of the State of California without regard to principles of conflicts of law.

General
These Terms of Use constitute the entire agreement between you and VIBE TWLV with respect to your use of the Site. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

Contact Us
If you have any questions or concerns about these Terms of Use, please contact us at INFO@VIBETWLV.COM

 
Last Updated: 07/15/2024