Terms & Conditions

OVERVIEW

These Terms and Conditions (“Terms” or “Agreement”) are an agreement between you and Pursue Leisure, LLC (“Company” or “we” or “us”). We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this Agreement, then you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools which are added to the current store shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

You certify that you will comply with all applicable laws (e.g., local, state, federal and other laws) when using our website or any Services as permitted and in accordance with these Terms. You will be responsible for any cost, expense, fee, liability of any kind, and attorney’s fees that we incur if you break the law, misuse the Services or information we provide, or breach these Terms.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on our website through which the service is provided, without express written permission by us.

The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on our website is not accurate, complete or current.

In describing and portraying our products on our website, we attempt to be as accurate as possible. However, we do not warrant that the product descriptions or other website content is accurate, complete, reliable, current, or error-free. We reserve the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability at anytime without prior notice (including after you have submitted your order). If a product offered on our website is not as described, your sole remedy is to return it to us. Please see our Return Policy for details or contact our Customer Service.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of our website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS

Certain products may be available exclusively online through our website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

When you place an order on our website, we will ship your order to the address designated by you as long as that shipping address is compliant with any shipping restrictions set out on our website. We may require verification of information prior to the acceptance and/or shipment of any order.

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

You certify that the name, address, and all other personal and non-personal information that you give us while and after using our website or Services is true, accurate, current, and complete. If you provide false, inaccurate, stale, or incomplete information, or if we suspect that you did so, we may refuse or limit access to, or use of, our website or Services without prior notice to you.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through our website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through our website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on our website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - OWNERSHIP

All right, title and interest in our website and Services including, but not limited to all of the software and code that comprise and operate our website and Services and all of the text, photographs, images, illustrations, graphics, audio, video and audio-video clips, URLs, advertising copy and other materials provided through our website and Services (collectively, “Content”) are owned by us or by third parties who have licensed their Content to us. Our website and Services are protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. In addition, the entire Content of the Website and Services is a collective work under U.S. and international copyright laws and treaties, and we own the copyright in the selection, coordination, arrangement and enhancement of the Content of our website.

We hereby grant you a limited, revocable license to download and print copies of any portion of the Content of the website and Services to which you have properly gained access, but only for your own personal, non-commercial use, and only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices from the Content you download. The foregoing license is subject to these Terms and does not include the right to use any data mining, robots or other automatic or manual device, software, program, code, algorithm or methodology, to access, copy or monitor any portion of our website and Services or Content, or in any way reproduce or circumvent the navigational structure or presentation of our website and Services or Content, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through our website and Services. We reserve the right to take measures to prevent any such activity. This license is revocable at any time without notice and with or without cause. You may not permit others to copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit or use any part of the Content on our website and Services except as expressly provided in these Terms. Nothing in these Terms shall be construed as transferring any right, title or interest in our website and Services or their Content to you or anyone else, except the limited license to use our website and Services and their Content on the terms expressly set forth herein.

Notwithstanding the foregoing, and specifically with regard to trademarks, our names and logos (including, without limitation, those of our affiliates), all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within the website and Services unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of us and/or our affiliates (the “Company Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within our website and Services are the property of their respective owners. You are not authorized to display or use Company Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within our website and Services without the prior written permission of such owners. The use or misuse of Company Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, translate, publish, distribute, exploit and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 11 - PRIVACY TERMS

We may collect, use, and disclose your location, personal, and non-personal information. Please visit https://www.pursueleisure.com/pages/privacy-policy to see our complete Privacy Policy. The Privacy Policy may be updated from time to time, so please review it regularly. By using our website or Services, you are consenting to the collection, use, disclosure, transfer, and sharing of your location, nonpublic personal, and non-personal information by us, our subsidiaries, and our affiliated companies. If you do not accept the terms of our Privacy Policy or the specific privacy policy associated with a Service, please discontinue all use of our website or Service.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We Make No Representations Or Warranties With Respect To Our Website Or Its Content, Or Any Product Or Service Available On Or Promoted Through Our Website. Our Website And All Of The Information, Products And Services Made Available Through Our Website Are Provided On An “As Is,” “As Available” Basis, Without Representations Or Warranties Of Any Kind. To The Fullest Extent Permitted By Law, We And Our Affiliates Disclaim Any And All Representations And Warranties, Whether Express Or Implied, With Respect To Our Website And The Information, Products And Services Made Available Through Our Website. Without Limiting The Generality Of The Foregoing, We And Our Affiliates Disclaim All Representations And Warranties, Express Or Implied, (A) Of Title, Non-Infringement, Merchantability And Fitness For A Particular Purpose; (B) Arising From Course Of Dealing Or Course Of Performance; (C) Relating To The Security Of Our Websites; (D) That The Content Of Our Websites Is Accurate, Complete, Current Or Reliable; And (E) That Our Websites Will Operate Without Interruption Or Error.

We Do Not Endorse And Are Not Responsible For Statements, Advice And Opinions Made By Anyone Other Than Authorized Company Spokespersons. We Do Not Endorse And Are Not Responsible For Any Statements, Advice Or Opinions Contained In User Contributions And Such Statements, Advice And Opinions Do Not In Any Way Reflect The Statements, Advice And Opinions Of Us. We Do Not Make Any Representations Or Warranties Against The Possibility Of Deletion, Misdelivery Or Failure To Store Communications, Personalized Settings, Or Other Data.

Some Jurisdictions Do Not Allow The Exclusion Of Certain Warranties. Accordingly, Some Of The Above Disclaimers Of Warranties May Not Apply To You.

To The Fullest Extent Permitted By Applicable Law, And Without Limiting Anything Else In These Terms, Our Entire Liability And Your Exclusive Remedy With Respect To The Use Of Our Website And Services Will Be: The Amount Of $100.

In No Event Will We Be Liable For Any Indirect, Incidental, Special, Exemplary, Punitive Or Consequential Damages Arising From Your Use Of Our Website Or Services Or For Any Other Claim Related In Any Way To Your Use Of Our Website Or Services. Because Some States Or Jurisdictions Do Not Allow The Exclusion Or Limitation Of Liability For Consequential Or Incidental Damages, In Such States Or Jurisdictions Our Liability Will Be Limited To The Extent Permitted By Applicable Law.

The Foregoing Limitations Will Apply Whether Such Damages Arise Out Of Breach Of Contract, Tort (Including Negligence) Or Otherwise And Regardless Of Whether Such Damages Were Foreseeable, Or We Were Advised Of The Possibility Of Such Damages. Some Jurisdictions Do Not Allow Certain Limitations Of Liability So Some Or All Of The Above Limitations Of Liability May Not Apply To You.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - DISPUTE RESOLUTION

Please Read This Carefully. It Affects Your Rights.

You Agree That By Using Our Website Or The Services, You Are Waiving The Right To A Court Or Jury Trial Or To Participate In A Class Action. You Agree That You May Bring Claims Against Us Only In Your Individual Capacity And Not As A Plaintiff Or Class Member In Any Purported Class, Representative, Or Collective Proceeding. Any Arbitration Will Take Place On An Individual Basis; Class Arbitrations And Class Actions Are Not Permitted.

You Agree That Any And All Claims And Disputes Arising From Or Relating In Any Way To The Subject Matter Of These Terms, Your Use Of Our Website Or Services, Or Your Dealings With Us Shall Be Finally Settled And Resolved Through Binding Individual Arbitration As Described In This Section 15. This Agreement To Arbitrate Is Intended To Be Interpreted Broadly. The Arbitration Will Be Governed By The Commercial Arbitration Rules And The Supplementary Procedures For Consumer Related Disputes Of The American Arbitration Association (“Aaa”), As Modified By This Section Xiii. The Arbitration Will Be Conducted Using One Arbitrator With Substantial Experience In Resolving Commercial Contract Disputes, Who Shall Be Selected From The Appropriate List Of Arbitrators In Accordance With The Arbitration Rules And Procedures Of Any Arbitration Organization Or Arbitrator That You And Us Agree Upon In Writing Or That Is Appointed Pursuant To Section 5 Of The Federal Arbitration Act. For Any Claim Where The Total Amount Of The Award Sought Is $10,000 Or Less, The Arbitrator, You Must Abide By The Following Rules: (A) The Arbitration Shall Be Conducted Solely Based On Telephone Or Online Appearances And/Or Written Submissions; And (B) The Arbitration Shall Not Involve Any Personal Appearance By The Parties Or Witnesses Unless Otherwise Mutually Agreed By The Parties. If The Claim Exceeds $10,000, The Right To A Hearing Will Be Determined By The Aaa Rules, And The Hearing (If Any) Must Take Place In Los Angeles, California. The Arbitrator’s Ruling Is Binding And May Be Entered As A Judgment In Any Court Of Competent Jurisdiction, Or Application May Be Made To Such Court For Judicial Acceptance Of Any Award And An Order Of Enforcement, As The Case May Be.

There Is No Judge Or Jury In Arbitration. Arbitration Procedures Are Simpler And More Limited Than Rules Applicable In Court And Review By A Court Is Limited. You Will Not Be Able To Have A Court Or Jury Trial Or Participate In A Class Action Or Class Arbitration. You Understand And Agree That By Agreeing To Resolve Any Dispute Through Individual Arbitration, You Are Waiving The Right To A Court Or Jury Trial. Any Dispute Shall Be Arbitrated On An Individual Basis, And Not As A Class Action, Representative Action, Class Arbitration Or Any Similar Proceeding. The Arbitrator May Not Consolidate The Claims Of Multiple Parties.

Any Cause Of Action Or Claim You May Have Arising Out Of Or Relating In Any Way To These Terms, Your Use Of Our Website Or Services, Or Your Dealings With Us Must Be Commenced In Arbitration Within Two (2) Years After The Cause Of Action Accrues. After That Two (2)-Year Period, Such Cause Of Action Or Claim Is Permanently Barred. Some Jurisdictions Do Not Allow Time Limitations Other Than Those Set Forth In Such State’s Statute Of Limitations Laws. In Such Cases, The Applicable Statute Of Limitations Provided For Under The Laws Of Such State Shall Apply.

You Agree That All Challenges To The Validity And Applicability Of The Arbitration Provision—I.E. Whether A Particular Claim Or Dispute Is Subject To Arbitration—Shall Be Determined By The Arbitrator. Notwithstanding Any Provision In These Terms To The Contrary, If The Class-Action Waiver Above Is Deemed Invalid Or Unenforceable You Agree That You Shall Not Seek To, And Waive Any Right To, Arbitrate Class Or Collective Claims. If The Arbitration Provision In This Section Is Found Unenforceable Or To Not Apply For A Given Dispute, Then The Proceeding Must Be Brought Exclusively In The State Courts Of Competent Jurisdiction Or The United States District Court Located In Los Angeles, California, As Appropriate, And You Agree To Submit To The Personal Jurisdiction Of Each Of These Courts For The Purpose Of Litigating Such Claims Or Disputes, And You Still Waive Your Right To A Jury Trial, Waive Your Right To Initiate Or Proceed In A Class Or Collective Action, And Remain Bound By Any And All Limitations On Liability And Damages Included In These Terms. This Arbitration Agreement Will Survive Termination Of Your Use Of Our Websites Or Services And Your Relationship With Us. This Arbitration Agreement Involves Interstate Commerce And, Therefore, Shall Be Governed By The Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“Faa”), And Not By State Law. Information On Aaa And How To Start Arbitration Can Be Found At Www.Adr.Org.

SECTION 16 - SEVERABILITY

If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.

SECTION 17 - TERMINATION

We may cancel, suspend or block your use of our website and Services without notice if there has been a violation of these Terms or our Privacy Policy. Your right to use our website and Services will end upon our cancellation, suspension or blocking, and any data you have stored on our website and Services may be unavailable later, unless we are required to retain it by law. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO OUR WEBSITE AND SERVICES. Any limitations on liability that favor us will survive the expiration or termination of these Terms for any reason.

SECTION 18 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.These Terms and any policies or operating rules posted by us on our website or in respect to Services constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about these Terms should be sent to us at hello@pursueleisure.com.