Terms of service
OVERVIEW
This website is operated by Up & Comer. Throughout the site, the terms “we,” “us,” and “our” refer to Up & Comer. Up & Comer offers 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 the following terms and conditions (“Terms of Service” or “Terms”), including any additional terms and policies referenced or linked herein. These Terms apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and contributors of content.
Please read these Terms carefully before accessing or using our website. If you do not agree to all the terms and conditions, you may not access the website or use any services. Any new features or tools added to the store will also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically for changes. Continued use of the website following any updates constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides the e-commerce platform that enables us to sell our products and services.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms, you confirm that you are at least the age of majority in your state or province of residence, or that you have given consent for your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purposes, nor may you violate any laws in your jurisdiction (including copyright laws) while using our Service.
You must not transmit any malicious code, viruses, or destructive programs to our website.
Violation of any Terms will result in immediate termination of services without notice.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
Your content (excluding payment information) may be transferred unencrypted and may involve transmissions across various networks. Credit card information is always encrypted during transmission.
You agree not to reproduce, duplicate, copy, sell, or exploit any portion of our Service without express written permission.
Headings in this agreement are for convenience only and do not limit the Terms.
SECTION 3 - ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION
We are not responsible if the information on this site is inaccurate, incomplete, or outdated.
The material on this site is provided for general information and should not be relied upon as the sole basis for making decisions.
We may modify content at any time but have no obligation to update information.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue any Service at any time without notice.
We are not liable for any modifications, price changes, suspensions, or discontinuations of our Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be exclusively available online and may have limited quantities subject to return or exchange under our Return Policy.
We make every effort to accurately display product colors and images but cannot guarantee exact color accuracy on different screens.
We reserve the right to limit sales to certain persons, geographic regions, or jurisdictions.
We reserve the right to discontinue any product at any time.
We reserve the right to modify product descriptions, pricing, and availability without notice.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse or limit orders at our discretion.
If we make changes or cancel an order, we may attempt to notify you via email or phone.
You agree to provide accurate, complete, and updated account information for all purchases.
For more details, review our Return Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools, which we neither monitor nor control.
You use these tools at your own risk, and we provide them on an “as is” and “as available” basis without warranties.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, or services may include third-party materials.
We are not responsible for third-party content, accuracy, or services.
Any transactions made with third parties are at your own risk.
SECTION 9 - USER COMMENTS, FEEDBACK & SUBMISSIONS
Any comments, suggestions, or submissions you provide to us may be used, edited, or published without restriction.
We are under no obligation to maintain comments in confidence, provide compensation for submissions, or respond to any comments.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information is governed by our Privacy Policy.
SECTION 11 - MOBILE/SMS
We are offering a mobile messaging program (the "Program"), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the "Agreement"). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your
agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the "Dispute Resolution" section below. This Agreement is limited to the program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
The Program allows users to receive SMS/MMS mobile messages by affirmatively opting into the program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the program. By participating in the
program, you agree to receive automated or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer").
If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile text message from Us in order to opt out of the program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You understand and agree that attempting to opt out by texting other words or verbally requesting one of our team members to remove you from our list is not accounted for as a reasonable means of opting out.
You acknowledge that the message frequency is various and that consent is not a condition to purchase. The program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.
SECTION 12 - ERRORS, INACCURACIES & OMISSIONS
Occasionally, our Site may contain errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, and availability.
We reserve the right to correct errors and cancel orders if necessary.
SECTION 13 - PROHIBITED USES
You are prohibited from using our Site for:
Illegal activities or violations of laws.
Harassment, discrimination, or abusive behavior.
Uploading malicious code, viruses, or spam.
Interfering with security features or attempting to hack the website.
We reserve the right to terminate your access for any prohibited activity.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee uninterrupted, error-free, or secure service.
We are not liable for damages arising from your use of our Service, including direct, indirect, incidental, or consequential damages.
SECTION 15 - INDEMNIFICATION
You agree to indemnify and hold Up & Comer harmless from any claims arising from your use of the Service or violation of these Terms.
SECTION 16 - SEVERABILITY
If any provision of these Terms is unenforceable, the remainder shall still apply.
SECTION 17 - TERMINATION
These Terms remain effective unless terminated by you or us.
You may terminate these Terms by ceasing to use our services.
We may terminate access at any time if we suspect a violation of these Terms.
SECTION 18 - ENTIRE AGREEMENT
These Terms, along with our policies, represent the entire agreement between you and Up & Comer.
SECTION 19 - GOVERNING LAW
These Terms are governed by and construed in accordance with the laws of the United States.
SECTION 20 - CHANGES TO TERMS OF SERVICE
We reserve the right to update these Terms at any time. Continued use of our website after updates constitutes acceptance of the revised Terms.
SECTION 21 - CONTACT INFORMATION
For questions regarding these Terms, contact us at support@upandcomer.co.