- TERMS & CONDITIONS-
Effective as of 04-01-2018.
Welcome to Built To Fly Co. we do business as Built To Fly Clothing. Built To Fly Co and/or our subsidiaries and affiliates provide products, services, content, and other features to you when you use or shop on our mobile applications, Builttofly.com or our other websites and blogs, and/or other software provided by Built To Fly Co.. The Built To Fly Co Sites are owned and operated by Built To Fly Co.
Built To Fly Co provides the Built To Fly Co Services and the Built To Fly Co Sites subject to these Terms & Conditions, any terms, conditions, or policies otherwise contained on the Built To Fly Co.
Sites, any terms, conditions, or policies contained in any Promotion or Promotions (as defined
below), and any updates to any such terms, conditions or policies (collectively, the Terms ).
Please review the Terms carefully. To make things a little simpler, we refer to Built To Fly Co and its affiliates and subsidiaries as the Company, Built To Fly Co, we, our, and us. We refer to the users of the Built To Fly Co Sites as you and your.
BY ACCESSING OR USING THE Built To Fly Co SERVICES OR THE Built To Fly Co SITES,
YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THE Built To Fly Co. SERVICES OR THE Built To Fly Co SITES.
If you violate the Terms, your access to and use of the Built To Fly Co Services and the Built To Fly Co Sites is unauthorized.
IMPORTANT: PLEASE NOTE THAT THESE TERMS INCLUDE YOUR AGREEMENT TO ARBITRATE CONTROVERSIES. BY USING THE Built To Fly Co SERVICES AND/OR THE Built To Fly Co SITES, YOU AGREE TO RESOLVE ANY DISPUTE WITH US THROUGH BINDING ARBITRATION, RATHER THAN IN COURT, AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTION LAWSUITS.
- UPDATES TO THE TERMS
We may, at any time, revise, change, or otherwise update the Terms. The effective version of the Terms will be available for your review on the Built To Fly Co Sites.
Your continued access or use of any Built To Fly Co Service or Built To Fly Co Site following the
posting and/or distribution of a revised, updated, or changed version of the Terms, will mean that you agree to the revised, updated, and/or changed Terms.
- REGISTERING YOUR ACCOUNT
To make a purchase with Built To Fly Co you must create an account and meet the other
requirements established in these Terms. By creating an account, you agree that all of your account information is true and complete, and you will keep your account information current. If you create a Built To Fly Co account, we will either assign you a password or let you choose your own password to enable you to access and use certain portions of the Built To Fly Co Services and the Built To Fly Co Sites.
You agree to keep your username and password confidential, that you are solely responsible for maintaining the confidentiality of your username and password, and that you are solely responsible for restricting access to your computer(s) or mobile device(s). You agree to access the Built To Fly Co Services and/or the Built To Fly Co Sites from devices that have up-to-date operating systems and security software. You agree not to allow anybody else to use your account, including in any way that is meant to circumvent these Terms. Each time a valid password is used with your account, you will be deemed to be authorized to access and use the Built To Fly Co Services or the Built To Fly Co Sites in a manner consistent with the Terms, and we have no obligation to investigate the authorization or source of any such access or use of the Built To Fly Co Services or the Built To Fly Co Sites. You agree that you will be responsible for all activities that occur under your account or password, including, without limitation, purchases made, and anything else that occurs, through your account, whether or not such access to and use of the Built To Fly Co Services and/or the Built To Fly Co Sites is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation, financial obligations) incurred through such access or use.
YOU ASSUME THE ENTIRE RISK FOR THE FRAUDULENT, UNAUTHORIZED, OR OTHERWISE IMPROPER USE OF YOUR PASSWORD. WE SHALL BE ENTITLED TO RELY ON THE GENUINENESS AND AUTHORITY OF ALL INSTRUCTIONS RECEIVED BY US WHEN ACCOMPANIED BY SUCH PASSWORD, AND TO ACT ON SUCH INSTRUCTIONS.
To mitigate damages, if you believe someone placed an unauthorized order on your behalf, you agree to notify us immediately of any suspected unauthorized activity on your account by sending an email to email@example.com.
- USE OF THE Built To Fly Co SITES
We wanted to set some ground rules for your use of the Built To Fly Co Services and the Built To Fly Co Sites, your account, or Promotions that we provide, and/or your interactions with us, another Built To Fly Co customer, or a third party that provides us services. Without limiting anything else in these Terms, you agree that, without our consent, you will not:
- Breach the Terms or any other agreement or policy that you have entered with us;
- Abuse or exploit the terms of any Promotion; violate any law, statute, ordinance, or
regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising) or act in an unauthorized, deceptive, fraudulent or otherwise unlawful manner, including by providing false, inaccurate, or misleading personal information;
- Create more than one account for yourself, by, among other methods, using a name that is not yours, using temporary email address(es) or phone number(s), or providing any other falsified personal information, including, without limitation, for the purpose of misuse of Promotions; use the Built To Fly Co Services or the Built To Fly Co Sites for the benefit of another business for any commercial or resale purpose, including, without limitation, by placing multiple orders on one account but with multiple different shipping addresses in order to fulfill your businesses orders or reproducing, duplicating, copying, selling, reselling, or otherwise exploiting any Built To Fly Co Service, Built To Fly Co Site, Promotion, or any part thereof, for any commercial purpose; infringe Built To Fly Co’s or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy; act in a manner that or upload to, distribute, or otherwise publish through the Built To Fly Co Sites any content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, backdoors, rootkits, Trojan horses or other malicious or harmful code or properties; refuse to cooperate in an investigation regarding, or provide confirmation, of your identity or personal information you provide to us;
- Use Built To Fly Co Services or the Built To Fly Co Sites in a manner that results in, or may result in, complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability to us, a user, a third party, or you;
- Use your account or the services in a manner that we, Visa, MasterCard, American Express or Discover reasonably believe to be an abuse of the credit card system or a violation of credit card association rules; disclose or distribute another user's personal information to a third party, or use the information for marketing purposes, unless you receive the user’s express consent to do so;
- Send unsolicited email, SMS, MMS, or other messages to a user or use the services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; use an anonymizing proxy or use any robot, spider, other automatic device, or manual process to monitor or copy the Built To Fly Co Services or the Built To Fly Co Sites; use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with the Built To Fly Co Sites or the Built To Fly Co Services;
- Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Built To Fly Co;
- Use any meta tags or any other hidden text utilizing Built To Fly Co name or trademarks;
- Take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers; or use the Built To Fly Co Services or the Built To Fly Co Sites to test credit card behaviors.
We reserve the right to refuse service, terminate accounts, suspend accounts, prevent the application of a Promotion, remove or edit content or products, cancel orders at any time and in our sole discretion, and/or take any other legal action available to us under the Terms or at law, including, without limitation, if we believe that your conduct violates the Terms, applicable law, is harmful to our interests, or is against, without limitation, the spirit of the Terms, the Built To Fly Co Services, the Built To Fly Co Sites, or a particular Promotion.
By using the Built To Fly Co Sites, you represent and warrant that you are either at least 18 years
of age or are using a Built To Fly Co Site under the supervision of a parent or guardian. If you are under 18 years of age, you may only use the Built To Fly Co Sites with the supervision of a parent or guardian. As discussed below, you must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol.
Access and License
Subject to your compliance with the Terms and the intended use of the Built To Fly Co Services
and the Built To Fly Co Sites and your payment of any costs or fees for the Built To Fly Co Services, we hereby grant you a single, non-exclusive, non-transferable, non-sublicensable limited personal license to access and use the Built To Fly Co Services and the Built To Fly Co Sites. Any violation, misuse, or breach of, or failure to comply with, the Terms shall result in the immediate revocation and termination of the licenses granted to you in these Terms, without notice to you by us. All rights not expressly granted to you in the Terms are reserved and retained by Built To Fly Co or its licensors, suppliers, publishers, rights holders, or other content providers.
Much of the information and data and many of the images on the Built To Fly Co Sites are updated on a real-time basis, and are proprietary or may be licensed to us by others. Therefore, except as permitted in these Terms, you may not reproduce, distribute, use, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, hack or otherwise exploit the Built To Fly Co Services or the Built To Fly Co Sites, or any portion thereof, unless expressly permitted by us in writing prior to such action. Apart from web browsers and mobile operating systems, you agree not to use any software, program, application or any other device to access or log on to our computer systems, the Built To Fly Co Services, the Built To Fly Co Sites or proprietary software, or to automate the process of obtaining, downloading, transferring or transmitting any content, information to or from our computer systems, the Built To Fly Co Services, the Built To Fly Co Sites or proprietary software. You agree not to alter or misuse screenshots obtained from the Built To Fly Co Services or the Built To Fly Co Sites or use product images outside of the Built To Fly Co Services or Built To Fly Co Sites. You may not incorporate any portion of the Built To Fly Co Services or Built To Fly Co Sites into your own programs or compile any portion of them in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Built To Fly Co Services or Built To Fly Co Sites or otherwise assign any rights to the Built To Fly Co Services or Built To Fly Co Sites in whole or in part.
- PRICING, TAXES, ORDER REQUIREMENTS, GIFT CARDS, AND PROMOTIONS
Pricing and Reported Savings
Built To Fly Co continuously works to offer competitive prices on everything we carry and we offer a Low Price Guarantee here. In certain instances, and for certain products, we also report suggested savings as a percentage. The percentage savings we report are based on a comparison of prices for bulk or wholesale sizes of products available on the Built To Fly Co Sites against the prices for retail sizes available on national e-commerce retail websites and mobile applications.
Items sold on the Built To Fly Co Sites or through the Built To Fly Co Services may be subject to tax or deposit fees. In most cases, prior to submitting your purchase request, you will see an estimate of the tax to be collected on your order. This tax amount will depend on various factors, including the items purchased, the shipment destination, and, in certain circumstances, the identity of the seller (if not Built To Fly Co). In certain limited circumstances and for certain third-party sellers, the tax amount may be included in the price of a product.
Unless specifically indicated on a product’s description page, the checkout page or items sold through the Express Service (see below), Built To Fly Co is the seller of items purchased on the Built To Fly Co Sites or through the Built To Fly Co Services. Any applicable tax on those items will be applied to the item price you pay for taxable items, less any savings amounts.
With respect to those products that are not sold by Built To Fly Co, such products will be subject to tax based on the sales tax collection obligations of the applicable seller. Applicable tax on such orders will be applied to the item price indicated by the seller. For these items, savings amounts will not always reduce the price at which tax is charged.
Built To Fly Co only ships to the 48 contiguous states and the District of Columbia. We do not ship to Alaska or Hawaii. Other than Express orders, shipments are delivered by UPS®, FedEx®, or other private courier.
The exact delivery date of your order may depend on several factors, including, without limitation, the date and time you place your order, the schedules and processes of our shipping partners, holiday schedules, weather, and other factors. Even though we try to anticipate delays, we cannot predict or always prepare for delays caused by carriers, mistakes in delivery or shipment information, changes to orders, strikes, bad weather, or other similar circumstances. If there is a delay, we will do whatever we can to help move things along, although we cannot promise we’ll be able to resolve the delay. If you have questions about your delivery, please contact us at firstname.lastname@example.org.
Minimum Order Requirements and Free Shipping
We may, in our sole discretion, set and adjust minimum (or maximum) quantity and/or price requirements for any order or attempted order placed on the Built To Fly Co Sites.
We may also, in our sole discretion, set and adjust minimum (or maximum) quantity and/or price requirements for any user to receive free shipping on any order placed on the Built To Fly Co Sites.
Terms of Promotions
From time-to-time, we may make certain offers, sales, codes, offer cards and gift codes, services, discounts, coupon offerings, promotional credits, Cash Rewards (as defined below), Built To Fly Co Bold (as defined below), free samples, specials, user-generated content opportunities, contests, sweepstakes and other promotions (each a Promotion and, collectively, the Promotions ) available to you. Promotions may be publicized on the Built To Fly Co Sites, through advertisements, and/or through other marketing channels. If you participate in, use, or apply any Promotion, you will be subject to the Terms and any additional terms, conditions, rules, and policies applicable to the Promotion.
Unless otherwise disclosed in any applicable Promotion-specific terms, conditions, rules, or policies, Promotions are not combinable with other Promotions, have expiration dates, cannot be applied to past purchases, are subject to certain caps and limitations, are non-transferable, can only be used once per household, can only be redeemed through the Built To Fly Co Sites or the Built To Fly Co Services, and may be suspended or terminated at any time by Built To Fly Co at Built To Fly Co sole discretion. Certain promotions shall only be applicable on repeat orders. Built To Fly Co determines, in its sole discretion, the method and timing for the application or implementation of any Promo Code, Cash Rewards, referral credit, discount, promotional credits or other Promotion and/or any other restrictions as may be determined and communicated by Built To Fly Co in its sole discretion. Only valid promotional codes provided or promoted by Built To Fly Co will be honored at checkout. Theft, reproduction, duplicate requests and/or other behavior intended to circumvent the proper redemption of promotional codes is prohibited and may constitute fraud. Discount codes must be entered at checkout. Certain Promotions shall only be applicable to first orders. Unless otherwise specified in the terms and conditions of the particular Promotion, Promotions shall never apply to orders placed through business accounts that utilize separate credit terms agreed to with Built To Fly Co.
All Built To Fly Co users may have access to free product samples, as offered from time-to-time by Built To Fly Co, in its sole discretion. Product samples are subject to availability and may be replaced by Built To Fly Co with substitutes. To receive free product samples, you must add the requested samples to your cart on one of the Built To Fly Co Sites prior to checking out. If samples are not added to your cart before checkout, the samples will not be included in your order. Product samples cannot be added to previously placed orders.
In certain circumstances, all of the products in your Built To Fly Co order may be fulfilled solely by a third-party or Express Shopper. In such circumstances, Built To Fly Co shall be under no obligation to ship any free samples. We’re the buy-in-bulk business – we try not to ship such small packages!
Notwithstanding anything to the contrary herein, Built To Fly Co may, in Built To Fly Co sole discretion, create promotional codes that may be redeemed for discounts, credit, or other features or benefits related to the Built To Fly Co Services, Built To Fly Co Sites, or third-party provider's services, subject to terms that Built To Fly Co establishes on a per promotional code basis ( Promo Codes ). You agree that Promo Codes: (i) shall only be used by the intended audience and for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Built To Fly Co; (iii) may be disabled by Built To Fly Co at any time for any reason without liability to Built To Fly Co and without notice; (iv) may only be used pursuant to the specific terms that Built To Fly Co establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Built To Fly Co reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Built To Fly Co determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
As a user, you agree to receive newsletters and promotional emails, including, without limitation, certain third-party offers.
Promotional, gift, or offer codes and Gift Cards
From time-to-time, we may offer qualified consumers promotional codes, gift codes, or offer codes through a variety of promotional activities and communications (collectively referred to herein as promotional codes ) that are redeemable towards a purchase on the Built To Fly Co Sites or through the Built To Fly Co Services, while supplies last, and subject to certain merchandise exclusions or any other restrictions, as may be determined and communicated by us in our sole discretion. Only valid promotional codes provided or promoted by us will be honored at checkout. Other codes supplied or promoted by third parties unauthorized by us (including any unauthorized third-party websites) will not be considered valid. Unless otherwise stated in a particular promotional code’s terms and conditions, each promotional code is non-transferable and valid for single use (limit one per order) on an item (or items) of merchandise as determined by Built To Fly Co. Promotional codes cannot be used towards purchase of non-branded merchandise, packaging or applicable taxes. Promotional codes must be entered in the Apply Promo Code/Gift Card field at checkout. Promotional codes are valid through the Built To Fly Co Sites only. We are not responsible for lost, stolen or corrupted promotional codes or any unauthorized use of promotional codes. Promotional codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any promotional code will not be refunded or credited back if any or all of the merchandise is returned. Expiry dates may apply to each promotional code. Promotional codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all promotional code requirements will not be honored.
From time-to-time, in our sole discretion, we may offer Gift Cards for purchase by our customers.
Gift Cards are redeemable only on the Built To Fly Co Sites and are subject to the terms and conditions in effect at the time of purchase. When available, the current Gift Card terms, if any, are available here. Gift Cards are non-transferable and do not expire. Gift Cards are not returnable or refundable for cash except in states where required by law. For example, if a balance of less than $5 remains on a Gift Card owned by a New Jersey resident following redemption, upon such New Jersey resident’s request to email@example.com, we will refund the balance.
Low Price Guarantee Promotion
Subject to the details listed below (the Details ), all transactions made through the Built To Fly Co Services or on the Built To Fly Co Sites are backed by our Low Price Guarantee. Subject to the conditions and exclusions listed below, the Low Price Guarantee states that any purchase of a consumer packaged product purchased through the Built To Fly Co Services or the Built To Fly Co Sites will be at the lowest price available at any U.S. retailer’s online site that is available to the general public without a membership or we will refund the difference between (a) the price paid through the Built To Fly Co Services or on the Built To Fly Co Sites and (b) the lower price available at such U.S. retailer’s online site that is available to the general public without a membership.
All refund requests must be made within seven (14) days of purchase to qualify for a refund.
Refund requests received more than seven (14) days after date of purchase are not eligible.
Refunds will be provided by issuing store credit only.
Refund requests may be denied in the sole discretion of our customer service team.
- THIRD PARTY SITES AND ADS
The Built To Fly Co Services and Built To Fly Co Sites may contain links to third-party websites,
services, and advertisements for third parties (collectively, Third Party Sites & Ads ). Such Third Party Sites & Ads are not under the control of Built To Fly Co and Built To Fly Co is not responsible for such Third Party Sites & Ads. Built To Fly Co does not review, approve, monitor, endorse, warrant, or make any representations with respect to the Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party’s terms and conditions apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction on or with such Third Party Sites & Ads.
- THIRD PARTY SERVICES
When you use the Built To Fly Co Services or the Built To Fly Co Sites, you may also be using
- OUT OF STOCKS
If a product you have selected is not in stock, we reserve the right to, at our discretion, replace
the product with an equivalent or similar product or refund you for the item. Equivalent or similar items may be the same brand but a different type, size or flavor, or may be the same type of product but a different brand, size or flavor. Price adjustments for alternate products will not be requested by us nor extended to you in the event of a product substitution.
- REVIEWS, COMMUNICATIONS, AND CONTENT
The Built To Fly Co Sites may permit you, from time-to-time, to post reviews, pictures, comments and other content; send referral messages or information; and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, abusive of the character margins, an obscene image derived from keyboard characters, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, chain letters, mass mailings or any form of spam. Built To Fly Co may, and it reserves its right to, remove or edit any such content, even though it is under no obligation to review, remove or edit such posted content.
You acknowledge that you are responsible for all materials you submit to Built To Fly Co through
the Built To Fly Co Services, on the Built To Fly Co Sites or on other electronic communications (including through any part of Built To Fly Co administered by third parties like Facebook, Instagram, other social media platforms and the tools that allow you to interact with Built To Fly Co or the Built To Fly Co Sites through these social media platforms). This means you are responsible for the legality, accuracy, appropriateness, originality, and copyright of any such
material you submit.
Unless we indicate otherwise, by submitting any content, you represent and warrant that: (1) that the content is accurate; (2) that use of the content you supply does not violate these Terms; and (3) you own or otherwise control all the rights to the content that you post. Built To Fly Co may, and it reserves its right to, remove or edit any such content, even though it is under no obligation to review, remove or edit such posted content.
Unless we indicate otherwise, if you submit any material to us, post any material on the Built To
Fly Co Sites and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, images, videos, comments, and suggestions (collectively, Submissions ), you agree that such Submissions shall be treated as non-confidential and nonproprietary and you agree that you grant to Built To Fly Co an royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form and in any media, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you. You further agree that Built To Fly Co is free to use any ideas, concepts, feedback, and know-how you provide to Built To Fly Co. You grant Built To Fly Co the right to use the name you submit in connection with such Submissions if we choose.
Without limiting any of the foregoing, Built To Fly Co is free to use any ideas, concepts, know-
how or techniques contained in any Submissions you send to Built To Fly Co for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.
Built To Fly Co does not endorse any submitted content or opinions on the Built To Fly Co Sites or through the Built To Fly Co Services and such submissions are that of the user expressing them.
- INTELLECTUAL PROPERTY
All text, data, graphics, button icons, images, audio clips, and software (collectively, Content ) on the Built To Fly Co Sites are the exclusive intellectual property of Built To Fly Co, are licensed to Built To Fly Co by third parties, or are otherwise permitted to be used by Built To Fly Co. The collection, arrangement, and assembly of all Content on the Built To Fly Co Sites (the Compilation ) belongs exclusively to Built To Fly Co. The Built To Fly Co Services and the Built To Fly Co Sites, their Content and Compilation, and all software used therein is owned by, licensed to, or otherwise permitted to be used by Built To Fly Co and all owned intellectual property is protected by United States Copyright Act of 1976, as amended, and the copyright laws of other countries. All software used in any of the Built To Fly Co Services or the Built To Fly Co Sites (the Software ) is the property of Built To Fly Co or its Software suppliers, which is also protected by U.S. and international copyright laws. Built To Fly Co, Built To Fly Co, Built To Fly Co Wholesale and other logos, slogans, trade names or words are trademarks and, in some cases, are pending registration.
The use of any of Built To Fly Co Intellectual Property (as defined below), or the Intellectual Property of third parties that appears on the Built To Fly Co Sites, or in the Built To Fly Co Services, without our express written consent, or the express written consent of such third parties, is strictly prohibited. Intellectual Property includes, but is not limited to, all Content, Compilation, Software, logos, slogans, trade names, meta tags, and all other copyrighted information, trademarks or service marks.
- DISCLAIMERS OF WARRANTIES
Important: This section is important because it is a disclaimer by Built To Fly Co of certain warranties and liabilities. You understand and agree that Built To Fly Co will not assume responsibility for many items. We love our customers and we will always to try to do our best for each them, subject to all of the Terms and, specifically, these disclaimers.
THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THE TERMS AND THIS AGREEMENT. THIS DISCLAIMER SECTION DOES NOT APPLY TO ANY PRODUCT WARRANTY MADE TO YOU BY THE MANUFACTURER OF THE PRODUCT.
THE BUILT TO FLY CO SERVICES, THE BUILT TO FLY CO SITES, AND ALL INFORMATION, SOFTWARE, CONTENT, MATERIALS, ITEMS, ADVICE, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BUILT TO FLY CO SERVICES OR THE BUILT TO FLY CO SITES ARE PROVIDED SOLELY ON AN 'AS IS' AND 'AS AVAILABLE' BASIS AND, THEREFORE, YOUR USE OF THE BUILT TO FLY CO SERVICES AND/OR THE BUILT TO FLY CO SITES IS AT YOUR RISK. BUILT TO FLY CO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BUILT TO FLY CO SERVICES, THE BUILT TO FLY CO SITES OR ANY INFORMATION, SOFTWARE, CONTENT, MATERIALS, ITEMS, ADVICE, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BUILT TO FLY CO SERVICES OR THE BUILT TO FLY CO SITES.
WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES OF ANY KIND IN CONNECTION WITH THE USE OF THE BUILT TO FLY CO SERVICES AND/OR THE BUILT TO FLY CO SITES, WHETHER EXPRESS OR IMPLIED. THESE DISCLAIMERS INCLUDE, WITHOUT LIMITATION: THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; ANY WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE BUILT TO FLY CO SERVICES OR THE BUILT TO FLY CO SITES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS; THAT THE BUILT TO FLY CO SERVICES OR THE BUILT TO FLY CO SITES WILL BE SECURE; THAT THE BUILT TO FLY CO SERVICES, THE BUILT TO FLY CO SITES OR THE SERVERS THAT MAKE THE BUILT TO FLY CO SERVICES AND/OR THE BUILT TO FLY CO SITES AVAILABLE WILL BE VIRUS-FREE OR FREE OF OTHER HARMFUL COMPONENTS; THAT COMMUNICATIONS SENT FROM THE BUILT TO FLY CO SERVICES, THE BUILT TO FLY CO SITES, OR THIRD PARTIES WORKING ON BEHALF OF BUILT TO FLY CO ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS; AND THAT THE BUILT TO FLY CO SERVICES, THE BUILT TO FLY CO SITES, OR ANY INFORMATION, SOFTWARE, CONTENT, MATERIALS, ITEMS, ADVICE, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BUILT TO FLY CO SERVICES, THE BUILT TO FLY CO SITES, SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM BUILT TO FLY CO OR THIRD PARTIES WORKING ON BEHALF OF BUILT TO FLY CO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT:
YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE BUILT TO FLY CO SERVICES AND/OR THE BUILT TO FLY CO SITES AND THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE BUILT TO FLY CO SERVICES AND/OR THE BUILT TO FLY CO SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES; AND BUILT TO FLY CO IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE BUILT TO FLY CO SITES OR THROUGH THE BUILT TO FLY CO SERVICES.
NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT THESE WARRANTIES,
REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
- LIMITATION OF LIABILITY
Important: this section is important because it explains how, and the extent to which, Built To Fly Co limits many of its liabilities. Like many other companies, Built To Fly Co limits its liabilities for various reasons, including because it helps us to provide the Built To Fly Co Services and the Built To Fly Co Sites in an efficient and user-friendly manner.
You agree, to the fullest extent permitted by law, to indemnify and hold Built To Fly Co and its affiliates, officers, directors, representatives, members, shareholders, agents, suppliers, distributors, employees, service or third party providers, contractors, subcontractors, and licensors harmless from any claim, demand, damages, penalties, fines, costs, amounts paid in settlement, liabilities, obligations, taxes, liens, losses, expenses, fees and court costs and reasonable attorneys’ fees and expenses incurred in connection with any litigation made by any third party arising from: (i) your use of and access of the Built To Fly Co Services or the Built To Fly Co Sites; (ii) your violation of any term of the Terms; (iii) your violation of law or of any third party right, including without limitation infringement of the rights of a third party or of any copyright, property, or privacy right; (iv) any claims resulting from content you supply; (v) you unconscionable commercial proacts; or (vi) any other claim that your use of the Built To Fly Co Services or the Built To Fly Co Sites caused damage to a third party. Built To Fly Co reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Built To Fly Co if and as requested by Built To Fly Co in the defense of such matter.
- RISK OF LOSS
All goods and products purchased by you from Built To Fly Co are delivered pursuant to a shipment contract by a third-party package delivery company. We shall use commercially reasonable efforts to ensure the performance of such third-party suppliers and shipping companies, but shall not be responsible for their failure or for their other acts or omissions.
- MODIFICATIONS TO THE BUILT TO FLY CO SERVICES, THE BUILT TO FLY SITES, AND TERMS
Built To Fly Co reserves the right to terminate, modify, cancel or discontinue, temporarily or permanently, all or any portion of the Built To Fly Co Services and/or the Built To Fly Co Sites with or without notice. Built To Fly Co also reserves the right to terminate, discontinue, modify or cancel any or all Promotions, including, without limitation Promo Codes and the Cash Rewards program, and/or the Terms, terms, any policy, FAQ, and/or guideline pertaining to the use of the Built To Fly Co Services, the Built To Fly Co Sites, and/or any Promotion, product, or service at any time and in its sole discretion without notice to you. Any changes or modifications to any of the foregoing will be effective immediately upon posting the revisions on the Built To Fly Co Sites or through the Built To Fly Co Services. As stated above, your use of the Built To Fly Co Sites, Built To Fly Co Services, any Promotion, Cash Rewards, Built To Fly Co Bold or any other product or service confirms your acceptance of the Terms and any such changes or modifications.
- LEGAL COMPLIANCE
You represent and warrant that (i) you not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and/or or terminate or revoke any or all your rights granted under the Terms. Upon any such termination, you shall immediately cease all access to and use of the Built To Fly Co Services and the Built To Fly Co Sites and we shall, in addition to any other legal or equitable remedies, immediately revoke all usernames, password(s), and account identification issued to you and deny your access to and use of the Built To Fly Co Services, the Built To Fly Co Sites, any Promotions, products, or other services in whole or in part. Any termination of the Terms shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
The provisions of the Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. If any provision of the Terms is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent, and in the manner, necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of an arbitrator or a court of law. If such provision cannot under any circumstances be so modified or restricted, it shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.
- GOVERNING LAW AND JURISDICTION
The laws of the State of California apply to everything relating to your relationship and dealings with Built To Fly Co.
This means that the Terms, any and all disputes, claims and controversies arising out of or relating to the Built To Fly Co Services or the Built To Fly Co Sites shall be governed by and construed exclusively in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions.
- TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price or with incorrect information due to
typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders, even if the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall, within a reasonably practicable amount of time, issue a credit to your credit card account in the amount of the charge.
- COPYRIGHT COMPLAINTS
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact:
Built To Fly Co
318 E. San Ysidro Blvd, STE B
San Ysidro, CA 92173
Attention: Customer Service
- OUR ADDRESS
Please send any questions or comments (including all inquiries unrelated to copyright
infringement) regarding the Built To Fly Co Services or the Built To Fly Co Sites to:
Built To Fly Co
318 E. San Ysidro Blvd, STE B
San Ysidro, CA 92173
Attention: Customer Service