TERMS & CONDITIONS
1. Acceptance of Terms:
By accessing or using its5ive.com, you agree to be bound by these Terms of Service. If you do not agree to these terms, please refrain from using our website.
2. Use of Its5ive.com:
a. You must be at least 18 years old or have parental consent to use our website.
b. You agree to use its5ive.com only for lawful purposes and in a manner that does not infringe upon the rights of others.
c. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
3. Intellectual Property:
a. All content on its5ive.com, including text, graphics, logos, images, videos, and software, is the property of its5ive.com and protected by intellectual property laws.
b. You may not use, reproduce, distribute, modify, or create derivative works of any content on our website without prior written consent from its5ive.com.
4. Product Descriptions and Pricing:
a. We strive to ensure that all product descriptions and pricing on its5ive.com are accurate and up to date. However, we do not warrant the accuracy or completeness of any information provided.
b. Prices are subject to change without notice. We reserve the right to modify or discontinue any product at any time without liability.
5. Refund Policy:
a. We want you to be completely satisfied with your purchase from its5ive.com. If you are not satisfied, we offer a refund or exchange within 7 days of purchase.
b. To request a refund, please contact our customer support team with your order details and reason for the refund.
c. Refunds will be issued in the original form of payment and may take up to 7 business days to process.
d. Items must be in the same condition and same packaging in order to receive refund or exchange
6. Limitation of Liability:
a. In no event shall its5ive.com or its affiliates be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of our website or products.
b. We do not guarantee the uninterrupted or error-free operation of its5ive.com and shall not be liable for any technical or other issues that may arise.
7. Governing Law and Jurisdiction:
a. These Terms of Sale and the relationship between You and us shall be governed by the laws of the United States and the State of Missouri , without regard to its conflict of law provisions.
b. You agree that any dispute or claim arising out of Your use of the Site or any products sold on the Site, including any dispute or claim as to the application, enforceability, scope, or interpretation of this agreement to arbitrate, shall be resolved by binding arbitration, rather than in court, except that You may assert claims in small claims court if Your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Sale. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow these Terms of Sale. Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014, and conducted by a single, neutral arbitrator. Arbitration shall take place by phone, unless an in-person hearing is requested by either party. In that case, the hearing shall take place in the county where You reside. To the extent this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply. Disputes may also be referred to another arbitration organization if You and its5ive agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act. To start an arbitration proceeding, You must execute and serve a Demand for Arbitration on its5ive by mailing it to the address provided pursuant to the JAMS instructions. its5ive will bear the reasonable cost of Your initial filing fee. We each 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, we each expressly waive any right to a jury trial. We also both agree that You or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
We hope these Terms of Service provide you with a clear understanding of your rights and obligations when using its5ive.com. If you have any questions or concerns, please don't hesitate to reach out to our friendly customer support team.
Remember, at its5ive.com, we're here to help you make the most out of your experience. Enjoy shopping with us!