TERMS OF SERVICE
Last Updated: [Month Day, Year]
These Terms & Conditions (âTermsâ) govern your access to and use of the websites, mobile applications, online services, promotions, and other offerings of [Company Legal Name], located at [Address] (âCompany,â âwe,â âus,â or âourâ) (collectively, the âServicesâ). By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy at [Privacy Policy URL]. If you do not agree, do not use the Services.
1. ELIGIBILITY; ACCOUNT
You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Services. You agree to provide accurate information and keep it updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify us promptly of any unauthorized access or security breach.
2. LICENSE; ACCEPTABLE USE
We grant you a limited, revocable, nonexclusive, nontransferable license to access and use the Services for personal, lawful purposes in accordance with these Terms. You agree not to:
- Copy, modify, distribute, sell, or lease any part of the Services.
- Reverse engineer or attempt to extract source code except to the extent permitted by law.
- Interfere with or disrupt the Services, servers, or networks, including by deploying malware, bots, scrapers, or automated means without our prior written consent.
- Circumvent security or access controls, or attempt to gain unauthorized access.
- Use the Services for any fraudulent, deceptive, harassing, infringing, or illegal purpose.
3. SWEEPSTAKES, CONTESTS, AND PROMOTIONS
Promotions may be governed by separate Official Rules. If there is a conflict between these Terms and the applicable Official Rules, the Official Rules control for that Promotion. âNo purchase necessaryâ and âvoid where prohibitedâ apply as stated in the Official Rules. Sponsorâs decisions are final and binding.
4. ORDERS; PRICING; SHIPPING; RETURNS
- Orders: By placing an order, you represent that you are authorized to use the provided payment method and that the information is accurate. We may accept or reject orders at our discretion.
- Pricing/Availability: Prices, promotions, and availability are subject to change without notice. We may correct errors or cancel orders affected by errors, including after submission, and will issue a refund if charged.
- Taxes/Fees: You are responsible for applicable taxes and shipping/handling fees.
- Shipping/Risk of Loss: Title and risk of loss transfer upon delivery to the carrier. Delivery dates are estimates.
- Returns/Exchanges: Our return policy is available at [Return Policy URL]. Certain items may be final sale.
- Export: You agree to comply with applicable export control and sanctions laws.
5. USER CONTENT
You may submit content (e.g., reviews, photos, comments) (âUser Contentâ). You represent and warrant that you own or have the necessary rights to the User Content and that your submission does not infringe any third-party rights or violate law. You grant Company a worldwide, perpetual, irrevocable, nonexclusive, transferable, sublicensable, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content in any media for any lawful purpose, including marketing and advertising. We may remove User Content at our discretion.
6. INTELLECTUAL PROPERTY
The Services and all content, features, and functionality (including text, graphics, logos, images, software, audio, video, and the design and arrangement thereof) are owned by Company or its licensors and are protected by intellectual property laws. Except for the limited license in Section 2, no rights are granted to you.
7. THIRD-PARTY SERVICES
The Services may include third-party content, integrations, or links. We are not responsible for third-party sites, products, or services. Your use of third-party services is at your own risk and subject to their terms.
8. COMMUNICATIONS
By creating an account or providing contact information, you agree to receive transactional communications (e.g., order confirmations, account alerts). With your consent, you may receive marketing emails or SMS; you can opt out at any time (e.g., unsubscribe link or reply STOP for SMS). Consent to receive marketing messages is not a condition of purchase. Message/data rates may apply.
9. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL CONTENT AND PRODUCTS ARE PROVIDED âAS ISâ AND âAS AVAILABLE,â WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONâINFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERRORâFREE.
10. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY. TO THE EXTENT LIABILITY IS NOT LAWFULLY EXCLUDED, COMPANYâS TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO COMPANY FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM IN THE 12 MONTHS PRECEDING THE EVENT, OR (B) $100.
11. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Company and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneysâ fees) arising out of or related to your use of the Services, your User Content, your violation of these Terms, or your violation of any law or third-party right.
12. GOVERNING LAW; DISPUTE RESOLUTION
These Terms are governed by the laws of the State of [State], without regard to its conflict of law rules. EXCEPT WHERE PROHIBITED, YOU AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE RESOLVED [SELECT ONE: (A) EXCLUSIVELY IN THE STATE OR FEDERAL COURTS LOCATED IN [County, State], AND YOU CONSENT TO SUCH JURISDICTION AND VENUE; OR (B) BY BINDING ARBITRATION ADMINISTERED BY [ARBITRATION BODY] UNDER ITS RULES, ON AN INDIVIDUAL BASIS, WITH VENUE IN [City, State]].
CLASS ACTION WAIVER: WHETHER IN COURT OR ARBITRATION, YOU AND COMPANY AGREE TO BRING CLAIMS ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
13. TERMINATION
We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including if you violate these Terms. Upon termination, Sections intended to survive (including IP, disclaimers, limitations, indemnity, governing law, and dispute resolution) will remain in effect.
14. CHANGES TO THE SERVICES OR TERMS
We may modify or discontinue the Services (in whole or in part) at any time. We may update these Terms from time to time. The âLast Updatedâ date indicates the latest revision. Your continued use of the Services after the effective date of changes constitutes your acceptance.
15. MISCELLANEOUS
- Entire Agreement: These Terms, the Privacy Policy, and any applicable Promotion Official Rules constitute the entire agreement between you and Company.
- Severability: If any provision is found unenforceable, it shall be limited or eliminated to the minimum extent necessary, and the remaining provisions remain in full force.
- No Waiver: Our failure to enforce any right is not a waiver.
- Assignment: You may not assign your rights or obligations under these Terms. We may assign these Terms at our discretion.
- Force Majeure: We are not liable for delays or failures due to events beyond our reasonable control.
16. CONTACT US
[Company Legal Name]
[Address]
Email: [support email]
Phone: [phone]