These terms of service ("Terms", "Agreement") are an agreement
between the website ("Website operator", "us", "we" or "our")
and you ("User", "you" or "your"). This Agreement sets forth the
general terms and conditions of your use of this website and any
of its products or services (collectively, "Website" or
"Services").
Welcome, and thank you for your interest in Unapologetic Flex
(“Unapologetic Flex ” “we,” or “us”) and our website at
https://unapologeticflex.com (the “Site”). These Terms of Use
are a legally binding contract between you and Unapologetic Flex
regarding your use of the Site. Please read the following terms
carefully before using the Site. By using the Site, you
acknowledge that you have read, understood, and agree to be
bound by the following terms and conditions, including the
Unapologetic Flex Privacy Policy (together, the “Terms”). If you
are not eligible, or you do not agree to the Terms, then you do
not have our permission to use the Site.
Eligibility You must be at least 18 years of age, or to use the Site.
By agreeing to these Terms, you represent and warrant to us
that: (a) you are at least 18 years of age; and (b) your use of
the Site is in compliance with any and all applicable laws and
regulations. If you are an entity, organization, or company, the
individual accepting these Terms on your behalf represents and
warrants that they have authority to bind you to these Terms and
you agree to be bound by these Terms.
Purchases
Payment: Purchases of any merchandise are facilitated
through a third-party service provider. We may provide such
service provider with information regarding your credit card
or other payment instrument. You represent and warrant that
such information is true and that you are authorized to use
the payment instrument. You will be responsible for all
taxes associated with your purchase of merchandise through
the Service.
Loss and Cancellation: Title and risk of loss for all
merchandise ordered by you will pass to you on delivery to
the shipping carrier. We reserve the right to cancel any
order for any merchandise for any reason.
Returns: You acknowledge and agree that goods produced for
you are bespoke, custom-made goods. Other than where goods
are faulty, you have no right to cancel any order or return
any goods and all orders are final.
Waiver: Your purchase of an item constitutes a waiver of any
and all intellectual property, proprietary, personal, and
privacy claims relating to that purchase.
Changes to the Terms We may periodically make changes to these Terms. When we
do, we will update the “Last Updated” date below. It is your
responsibility to review the most recent version of these Terms
and remain informed of any changes. You agree that your
continued use of the Site after the effective date of any
changes will constitute your acceptance of the changed Terms for
your continued use. Disputes arising under these Terms will be
resolved in accordance with the version of these Terms that was
in effect at the time the dispute arose.
Changes to the Site
We reserve the right to modify or discontinue, temporarily or
permanently, all or a part of the Site without notice. We will
not be liable to you or to any third party for any modification,
suspension, or discontinuance of the Site.
Limited License
Subject to these Terms, Unapologetic Flex grants you a limited,
revocable license to access and use the Site solely for
non-commercial purposes to learn more about Unapologetic Flex
products and services. No other use of the Site is
authorized.
Restrictions You must comply with all applicable laws when using the
Site. Except as may be expressly permitted by applicable law or
expressly permitted by us in writing, you will not, and will not
permit anyone else to: (a) store, copy, modify, distribute, or
resell any information or material available on the Site (“Site
Content”) or compile or collect any Site Content as part of a
database or other work; (b) use any automated tool (e.g.,
robots, spiders) to use the Site or store, copy, modify,
distribute, or resell any Site Content; (c) rent, lease, or
sublicense your access to the Site; (d) use the Site or Site
Content for any purpose except for your own personal use; (e)
circumvent or disable any digital rights management, usage
rules, or other security features of the Site; (f) reproduce,
modify, translate, enhance, decompile, disassemble, reverse
engineer, or create derivative works of the Site; (g) use the
Site in a manner that threatens the integrity, performance, or
availability of the Site; or (h) remove, alter, or obscure any
proprietary notices (including copyright notices) on any portion
of the Site or Site Content.
Ownership
The Site is owned and operated by Unapologetic Flex. We or
our licensors retain all right, title, and interest in and to
the Site and Site Content and any trademarks, logos, or service
marks displayed on the Site or in Site Content (“Marks”). The
Site, Site Content, and Marks are protected by applicable
intellectual property laws and international treaties. Except as
expressly authorized by Unapologetic Flex you may not make use
of the Site, Site Content, and Marks.
Privacy Policy
Please read the Unapologetic Flex Privacy Policy carefully
for information relating to our collection, use, storage,
disclosure of your personal information. The Privacy Policy is
incorporated by this reference into, and made a part of, these
Terms. Links and Third Party Content The Site may contain links
to third party products, services, and websites. We exercise no
control over the third party products, services, and websites
and we are not responsible for their performance, do not endorse
them, and are not responsible or liable for any content,
advertising, or other materials available through the third
party products, services, and websites. We are not responsible
or liable, directly or indirectly, for any damage or loss caused
to you by your use of or reliance on any goods or services
available through the third party products, services, and
websites. Additionally, if you follow a link or otherwise
navigate away from the Site, please be aware that these Terms
will no longer govern. You should review the applicable terms
and policies, including privacy and data gathering practices, of
any third party websites to which you navigate to from the Site.
Disclaimer of Warranties
YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR SOLE RISK. THE
SITE AND SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS. UNAPOLOGETIC FLEX EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF
THE SITE OR SITE CONTENT, AND YOU RELY ON THE SITE AND SITE
CONTENT AT YOUR OWN RISK. ANY MATERIAL OBTAINED THROUGH THE SITE
IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SITE. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM LOOK BOUGIE OR THROUGH OR FROM THE SITE WILL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. HOWEVER,
UNAPOLOGETIC FLEX DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT
THAT UNAPOLOGETIC FLEX IS PROHIBITED FROM DISCLAIMING UNDER
APPLICABLE LAW.
Limitation of Liability UNAPOLOGETIC FLEX WILL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
UNAPOLOGETIC FLEX HAS BEEN ADVISED OF THE POSSIBILITY OF THESE
DAMAGES), RESULTING FROM YOUR USE OF THE SITE AND SITE CONTENT.
UNDER NO CIRCUMSTANCES WILL UNAPOLOGETIC FLEX'S TOTAL LIABILITY
OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE
OR SITE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS),
REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR
CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED $50.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS
THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF
WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES
ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS
ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN
BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND
INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE
LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED
REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Indemnity You will indemnify and hold Unapologetic Flex and its
partners, service providers, affiliates, officers, agents, and
employees, harmless from any costs, damages, expenses, and
liability caused by your use of the Site or Site Content, your
violation of these Terms, or your violation of any rights of a
third party through use of the Site or Site Content. We and our
licensors reserve the right, at our own expense, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you (without limiting your indemnification
obligations with respect to that matter), and in that case, you
agree to cooperate with our defense of those claims.
Release
If you have a dispute with the Site, Site Content, or any
products purchased through the Site, you hereby release us and
our partners and service providers (and each party’s respective
officers, directors, agents, subsidiaries, joint ventures and
employees) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown,
arising out of or in any way connected with such disputes. If
you are a California resident, you waive California Civil Code
§1542, which states: “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.”
General Terms
These Terms, together with the Privacy Policy and any other
agreements expressly incorporated by reference into these Terms,
are the entire and exclusive understanding and agreement between
you and Unapologetic Flex regarding your use of the Site. You
may not assign or transfer these Terms or your rights under
these Terms, in whole or in part, by operation of law or
otherwise, without our prior written consent. We may assign
these Terms at any time without notice or consent. The failure
to require performance of any provision will not affect our
right to require performance at any other time after that, nor
will a waiver by us of any breach or default of these Terms, or
any provision of these Terms, be a waiver of any subsequent
breach or default or a waiver of the provision itself. Use of
section headers in these Terms is for convenience only and will
not have any impact on the interpretation of any provision.
Throughout these Terms the use of the word “including” means
“including but not limited to”. If any part of these Terms is
held to be invalid or unenforceable, the unenforceable part will
be given effect to the greatest extent possible, and the
remaining parts will remain in full force and effect.
Legal Notices
These Terms are governed by the laws of the state of without
regard to conflict of law principles. The exclusive jurisdiction
and venue for any claims arising out of or related to these
Terms or your use of the Site will lie in the state and federal
courts located in undefined, undefined, and you irrevocably
agree to submit to the jurisdiction of such courts. The failure
of Unapologetic Flex to enforce any right or provision in these
Terms will not constitute a waiver of such right or provision
unless acknowledged and agreed to by Unapologetic Flex in
writing. In the event that a court of competent jurisdiction
finds any provision of these Terms to be illegal, invalid or
unenforceable, the remaining provisions will remain in full
force and effect.
Last Updated: July, 2 2023
30 Day “Make it Right” Policy
We want to make sure you love your order. If you’re not in love
with your purchase, contact us within 30 days of receiving your
order and we’ll do our best to work with you to find a solution.
For quality issues, please provide clear photos of the products
on a flat, well-lit surface. This quick and simple step will
help us to provide a speedy resolution. Because products are
made to order, we do not accept general returns or
sizing-related returns.
Cancellations and Amendments
All of our products are made to order especially for you. You
can cancel or amend your order at any time before it is sent to
production. In some cases, this could be as soon as two hours
for Rush shipping, just 12 hours for standard shipping, or once
the listing ends (whichever comes first). If the order has been
sent to production, it means that our print partner is already
working to produce it. Due to that, it may not be possible to
cancel the order free of charge at this point. To check your
order status, amend your order, edit the shipping address or
cancel; please use the link provided in your confirmation email.
If you are still having issues please send us email:
unapologeticflex@gmail.com
Please include your order details and detailed explanation of
the issue.
Pre-sale orders: Pre-sale product orders cannot be canceled
after the pre-sale period has ended and production has
begun.
Face mask / Neck Gaiter orders: These items are final sale
items and cannot be returned for safety reasons. If your
face mask or gaiter is defective in any way, please reach
out and we’ll be happy to help
Fulfillment Guarantee Fulfillment time is the time it takes to produce an order
and prepare it for shipment. We guarantee to produce all orders
and provide a shipping tracking number within 10 business days
of the order date. Please note that fulfillment time doesn't
include the time it takes for an order to be delivered. To check
your order status, view tracking information, or make changes to
your order, please use the link provided in your confirmation
email. If you are still having issues please send us email:
unapologeticflex@gmail.com
Please include your order details and detailed explanation of
the issue.
If a shipping tracking number is not assigned to your order
within 10 business days of the order date, we may refund the
shipping fees associated with the order. To request a refund,
please contact Support at
unapologeticflex@gmail.com. To ensure you receive the quickest support possible, please
enter your contact information, order number and select “I have
a question about my order” as the contact reason.
Please
note that the 10-day fulfillment guarantee does not apply to
pre-order products.
Damaged/Quality Issues
For the fastest resolution, please include a photograph
demonstrating the poor quality of the print or the damaged area
of the item. The most optimal pictures are on a flat surface,
with the tag and error clearly displayed. We will use this
information to help you with your order, as well as eliminate
errors in future printing.
Gift Returns/Exchanges
At Unapologetic Flex, we understand that gift-giving can be a
complex art. If you’ve ordered or received a product as a gift
and it needs to be returned, our standard policies will apply.
Refunds
PayPal: Any refunds processed will show back up in your
Paypal account within 24 business hours. Please note, the
refunded amount must be transferred back to your banking
institution from your Paypal account.
Credit Card: Any refunds processed via your credit/debit
card will show back up in your bank account within three to
five business days. If it's more than five business days,
please allow seven to ten buiness days depending on your
bank.
Prepaid Card: Refunds cannot be processed to prepaid cards.
Afterpay Orders: Any refunds processed for Afterpay orders
will show in your account as from “Afterpay”. Refunds are
processed differently based on how many payments you’ve
made. You can find specific details on Afterpay refunds in
your order confirmation email.
Last Updated: July, 2 2023
Privacy Policy
This Privacy Policy (“Policy”) describes the manner in which
Unapologetic Flex (“Unapologetic Flex”, “we,” or “us”) and our
website at https://www.unapologeticflex.com (the “Site”) use and
collect data from individuals. This Policy, which is
incorporated into and is subject to the Unapologetic Flex Terms
of Use, describes the information that we gather from you on the
Site, how we use and disclose such information, and the steps we
take to protect such information
Information We Collect on the Site:
User-provided Information. When you use the Site, we may
collect information about you, including your name, email
address, mailing address, credit card or other billing
information. You may provide us with information in various
ways on the Site. For example, you provide us with
information when you make a purchase on the Site, or send us
customer service-related requests.
Cookies and Automatically Collected Information. When you
use the Site, we may send one or more cookies – small text
files containing a string of alphanumeric characters – to
your device. We may use both session cookies and persistent
cookies. A session cookie disappears after you close your
browser. A persistent cookie remains after you close your
browser and may be used by your browser on subsequent visits
to the Site. Please review your web browser “Help” file to
learn the proper way to modify your cookie settings.
How We Use the Information We Collect
We use information we collect on the Site in a variety of ways
in providing the Site and operating our business, including
the following:
We use the information that we collect on the Site to
operate, maintain, enhance and provide all features of the
Site, to provide services and information that you request,
to respond to comments and questions and otherwise to
provide support to users, and to process and deliver entries
and rewards in connection with promotions that may be
offered from time to time on the Site.
We use the information that we collect on the Site to
understand and analyze the usage trends and preferences of
our users, to improve the Site, and to develop new products,
services, features, and functionality.
We may use your email address or other information we
collect to contact you for administrative purposes such as
customer service or to send communications, including
updates on promotions and events, relating to products and
services offered by us and by third parties.
We may use cookies and automatically collected information
to: (i) personalize our Site, such as remembering
information about you so that you will not have to re-enter
it during your visit or the next time you visit the Site;
(ii) provide customized advertisements, content, and
information; (iii) monitor and analyze the effectiveness of
the Site and third-party marketing activities; (iv) monitor
aggregate site usage metrics such as total number of
visitors and pages viewed; and (v) track your entries,
submissions, and status in any promotions or other
activities on the Site.
When We Disclose Information
Except as described in this Policy, we will not disclose
information about you that we collect on the Site to third
parties without your consent. We may disclose information to
third parties if you consent to us doing so, as well as in the
following circumstances:
Any information that you voluntarily choose to include in a
publicly accessible area of the Site will be available to
anyone who has access to that content, including other
users.
We work with third party service providers to provide
website, application development, hosting, maintenance,
printing, and other services for us. These third parties may
have access to or process information about you as part of
providing those services for us.
We may disclose information about you if required to do so
by law or in the good-faith belief that such action is
necessary to comply with state and federal laws, in response
to a court order, judicial or other government subpoena or
warrant, or to otherwise cooperate with law enforcement or
other governmental agencies.
We also reserve the right to disclose information about you
that we believe, in good faith, is appropriate or necessary
to: (i) take precautions against liability; (ii) protect
ourselves or others from fraudulent, abusive, or unlawful
uses or activity; (iii) investigate and defend ourselves
against any third-party claims or allegations; (iv) protect
the security or integrity of the Site and any facilities or
equipment used to make the Site available; or (v) protect
our property or other legal rights (including, but not
limited to, enforcement of our agreements), or the rights,
property, or safety of others.
Information about our users may be disclosed and otherwise
transferred to an acquirer, successor, or assignee as part
of any merger, acquisition, debt financing, sale of assets,
or similar transaction, or in the event of an insolvency,
bankruptcy, or receivership in which information is
transferred to one or more third parties as one of our
business assets.
We may make certain aggregated, automatically-collected, or
otherwise non-personal information available to third
parties for various purposes, including: (i) compliance with
various reporting obligations; (ii) for business or
marketing purposes; or (iii) to assist such parties in
understanding our users’ interests, habits, and usage
patterns for certain programs, content, services,
advertisements, promotions, and/or functionality available
through the Site.
Your Choices You may, of course, decline to share certain information
with us, in which case we may not be able to provide to you some
of the features and functionality of the Site. You may update,
correct, or delete your account information and preferences at
any time by accessing your account preferences page on the Site.
If you wish to access or amend any other personal information we
hold about you, you may contact us at. Please note that while
any changes you make will be reflected in active user databases
within a reasonable period of time, we may retain all
information you submit for backups, archiving, prevention of
fraud and abuse, analytics, satisfaction of legal obligations,
or where we otherwise reasonably believe that we have a
legitimate reason to do so.
If you receive
commercial email from us, you may unsubscribe at any time by
following the instructions contained within the email. You may
also opt out from receiving commercial email from us by sending
your request to us by email ator by writing to us at the address
given at the end of this policy. We may allow you to view and
modify settings relating to the nature and frequency of
promotional communications that you receive from us in user
account functionality on the Site.
Please be aware
that if you opt out of receiving commercial email from us or
otherwise modify the nature or frequency of promotional
communications you receive from us, it may take up to ten
business days for us to process your request, and you may
continue receiving promotional communications from us during
that period. Additionally, even after you opt out from receiving
commercial messages from us, you will continue to receive
administrative messages from us regarding the Site.
Third-Party Sites The Site may contain features or links to websites and
services provided by third parties. Any information you provide
on third-party sites or services is provided directly to the
operators of such services and is subject to those operators’
policies, if any, governing privacy and security, even if
accessed through the Site. We are not responsible for the
content or privacy and security practices and policies of
third-party sites or services to which links or access are
provided through the Site. We encourage you to learn about third
parties’ privacy and security policies before providing them
with information.
Children’s Privacy Protecting the privacy of young children is especially
important. Our Site is a general audience site not directed to
children under the age of 13, and we do not knowingly collect
personal information from children under the age of 13 without
obtaining parental consent.
Data Security We use certain physical, managerial, and technical
safeguards that are designed to improve the integrity and
security of information that we collect and maintain. Please be
aware that no security measures are perfect or impenetrable. We
cannot and do not guarantee that information about you will not
be accessed, viewed, disclosed, altered, or destroyed by breach
of any of our physical, technical, or managerial safeguards.
International Visitors The Site is hosted in the United States and is intended
for visitors located within the United States. If you choose to
use the Site from the European Union or other regions of the
world with laws governing data collection and use that may
differ from U.S. law, then please note that you are transferring
your personal information outside of those regions to the United
States for storage and processing. Also, we may transfer your
data from the U.S. to other countries or regions in connection
with storage and processing of data, fulfilling your requests,
and operating the Site. By providing any information, including
personal information, on or to the Site, you consent to such
transfer, storage, and processing.
Changes and Updates to this Policy Please revisit this page periodically to stay aware of any
changes to this Policy, which we may update from time to time.
If we modify this Policy, we will make it available through the
Site, and indicate the date of the latest revision. In the event
that the modifications materially alter your rights or
obligations hereunder, we will make reasonable efforts to notify
you of the change. For example, we may send a message to your
email address, if we have one on file, or generate a pop-up or
similar notification when you access the Site for the first time
after such material changes are made. Your continued use of the
Site after the revised Policy has become effective indicates
that you have read, understood and agreed to the current version
of this Policy.
Last Updated: July, 2 2023
Links to other Websites
***Please note that, some of the products are drop-shipping
products and the checkout process are handled by the vendors
respectively!
Although this Website may be linked to other
websites, we are not, directly or indirectly, implying any
approval, association, sponsorship, endorsement, or affiliation
with any linked website, unless specifically stated herein.
You should carefully review the legal statements and
other conditions of use of any website which you access through
a link from this Website. Your linking to any other off-site
pages or other websites is at your own risk.
Use of Cookies
Website may use cookies to personalize and facilitate
maximum navigation of the User by this site. The User may
configure his / her browser to notify and reject the
installation of the cookies sent by us.
Send us an email
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