OVERVIEW
Welcome to Her Again! The terms “we”,
“us” and “our” refer to Her Again. Her Again operates this store and
website, including all related information, content, features,
tools, products and services in order to provide you, the customer,
with a curated shopping experience (the “Services”). Her Again is
powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions,
together with any policies referenced herein (these “Terms of
Service” or “Terms”) describe your rights and responsibilities when
you use the Services.
Please read
these Terms of Service carefully, as they include important
information about your legal rights and cover areas such as warranty
disclaimers and limitations of liability.
By visiting, interacting with or using
our Services, you agree to be bound by these Terms of Service and
our Privacy Policy. If you do not agree to these Terms of Service or
Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of
Service, you represent that you are at least 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 the Services on
devices you own, purchase or manage.
To use the Services, including
accessing or browsing our online stores or purchasing any of the
products or services we offer, you may be asked to provide certain
information, such as your email address, billing, payment, and
shipping information. You represent and warrant that all the
information you provide in our stores is correct, current and
complete and that you have all rights necessary to provide this
information.
You are solely
responsible for maintaining the security of your account credentials
and for all of your account activity. You may not transfer, sell,
assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide
an accurate representation of our products and services in our
online stores. However, please note that colors or product
appearance may differ from how they may appear on your screen due to
the type of device you use to access the store and your device
settings and configuration.
We do not
warrant that the appearance or quality of any products or services
purchased by you will meet your expectations or be the same as
depicted or rendered in our online stores.
All descriptions of products are
subject to change at any time without notice at our sole discretion.
We reserve the right to discontinue any product at any time and may
limit the quantities of any products that we offer to any person,
geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are
making an offer to purchase. Her Again reserves the right to accept
or decline your order for any reason at its discretion. Your order
is not accepted until Her Again confirms acceptance. We must receive
and process your payment before your order is accepted. Please
review your order carefully before submitting, as Her Again may be
unable to accommodate cancellation requests after an order is
accepted. In the event that we do not accept, make a change to, or
cancel an order, we will attempt to notify you by contacting the
e‑mail, billing address, and/or phone number provided at the time
the order was made.
Your purchases are
subject to return or exchange solely in accordance with our Refund
Policy.
You represent and warrant
that your purchases are for your own personal or household use and
not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are
subject to change without notice. The price charged for a product or
service will be the price in effect at the time the order is placed
and will be set out in your order confirmation email. Unless
otherwise expressly stated, posted prices do not include taxes,
shipping, handling, customs or import charges.
Prices posted in our online stores may
be different from prices offered in physical stores or in online or
other stores operated by third parties. We may offer, from time to
time, promotions on the Services that may affect pricing and that
are governed by terms and conditions separate from these Terms. If
there is a conflict between the terms for a promotion and these
Terms, the promotion terms will govern.
You agree to provide current, complete
and accurate purchase, payment and account information for all
purchases made at our stores. You agree to promptly update your
account and other information, including your email address, credit
card numbers and expiration dates, so that we can complete your
transactions and contact you as needed.
You represent and warrant that (i) the
credit card information you provide is true, correct, and complete,
(ii) you are duly authorized to use such credit card for the
purchase, (iii) charges incurred by you will be honored by your
credit card company, and (iv) you will pay charges incurred by you
at the posted prices, including shipping and handling charges and
all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and
delivery delays. All delivery times are estimates only and are not
guaranteed. We are not responsible for delays caused by shipping
carriers, customs processing, or events outside our control. Once we
transfer products to the carrier, title and risk of loss passes to
you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not
limited to all trademarks, brands, text, displays, images, graphics,
product reviews, video, and audio, and the design, selection, and
arrangement thereof, are owned by Her Again, its affiliates or
licensors and are protected by U.S. and foreign patent, copyright
and other intellectual property laws.
These Terms permit you to use the
Services for your personal, non-commercial use only. You must not
reproduce, distribute, modify, create derivative works of, publicly
display, publicly perform, republish, download, store, or transmit
any of the material on the Services without our prior written
consent. Except as expressly provided herein, nothing in these Terms
grants or shall be construed as granting a license or other rights
to you under any patent, trademark, copyright, or other intellectual
property of Her Again, Shopify or any third party. Unauthorized use
of the Services may be a violation of federal and state intellectual
property laws. All rights not expressly granted herein are reserved
by Her Again.
Her Again’s names,
logos, product and service names, designs, and slogans are
trademarks of Her Again or its affiliates or licensors. You must not
use such trademarks without the prior written permission of Her
Again. Shopify’s name, logo, product and service names, designs and
slogans are trademarks of Shopify. All other names, logos, product
and service names, designs, and slogans on the Services are the
trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to
customer tools offered by third parties as part of the Services,
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 the optional tools
offered through the site 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 features through the Services (including the
release of new tools and resources). Such new features shall also be
deemed part of the Services and are subject to these Terms of
Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials
and hyperlinks to websites provided or operated by third parties
(including any embedded third party functionality). We are not
responsible for examining or evaluating the content or accuracy of
any third-party materials or websites you choose to access. If you
decide to leave the Services to access these materials or third
party sites, you do so at your own risk.
We are not liable for any harm or
damages related to your access of any third-party websites, or your
purchase or use of any products, services, resources, or content on
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 and services should be
directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Her Again is powered by Shopify,
which enables us to provide the Services to you. However, any sales
and purchases you make in our Store are made directly with Her
Again. By using the Services, you acknowledge and agree that Shopify
is not responsible for any aspect of any sales between you and Her
Again, including any injury, damage, or loss resulting from
purchased products and services. You hereby expressly release
Shopify and its affiliates from all claims, damages, and liabilities
arising from or related to your purchases and transactions with Her
Again.
SECTION 10 - PRIVACY POLICY
All personal information we collect
through the Services is subject to our Privacy Policy, and certain
personal information may be subject to Shopify’s Privacy Policy,
which can be viewed
here. By using the Services, you acknowledge that you have read these
privacy policies.
Because the Services
are hosted by Shopify, Shopify collects and processes personal
information about your access to and use of the Services in order to
provide and improve the Services for you. Information you submit to
the Services will be transmitted to and shared with Shopify as well
as third parties that may be located in other countries than where
you reside, in order to provide services to you. Review our privacy
policy for more details on how we, Shopify, and our partners use
your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email,
or otherwise transmit any ideas, suggestions, feedback, reviews,
proposals, plans, or other content (collectively, “Feedback”), you
grant us a perpetual, worldwide, sublicensable, royalty-free license
to use, reproduce, modify, publish, distribute and display such
Feedback in any medium for any purpose, including for commercial
use. We may, for example, use our rights under this license to
operate, provide, evaluate, enhance, improve and promote the
Services and to perform our obligations and exercise our rights
under the Terms of Service.
You also
represent and warrant that: (i) you own or have all necessary rights
to all Feedback; (ii) you have disclosed any compensation or
incentives received in connection with your submission of Feedback;
and (iii) your Feedback will comply with these Terms. We are and
shall be under no obligation (1) to maintain your Feedback in
confidence; (2) to pay compensation for your Feedback; or (3) to
respond to your Feedback.
We may, but
have no obligation to, monitor, edit or remove Feedback that we
determine in our sole discretion to be unlawful, offensive,
threatening, libelous, defamatory, pornographic, obscene or
otherwise objectionable or violates any party’s intellectual
property or these Terms of Service.
You agree that your Feedback 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 Feedback will not contain
libelous or otherwise unlawful, abusive or obscene Feedback, or
contain any computer virus or other malware that could in any way
affect the operation of the Services or any related website. You may
not use a false email address, pretend to be someone other than
yourself, or otherwise mislead us or third-parties as to the origin
of any Feedback. You are solely responsible for any Feedback you
make and its accuracy. We take no responsibility and assume no
liability for any Feedback posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information
on or in the Services that contain typographical errors,
inaccuracies or omissions that may relate to product descriptions,
pricing, promotions, offers, product shipping charges, transit times
and availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or
cancel orders if any information is inaccurate at any time without
prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services
for lawful purposes only. You may not access or use the Services,
directly or indirectly: (a) for any unlawful or malicious purpose;
(b) to violate any international, federal, provincial or state
regulations, rules, laws, or local ordinances; (c) to infringe upon
or violate our intellectual property rights or the intellectual
property rights of others; (d) to harass, abuse, insult, harm,
defame, slander, disparage, intimidate, or harm any of our employees
or any other person; (e) to transmit false or misleading
information; (f) to send, knowingly receive, upload, download, use,
or re-use any material that does not comply with the these Terms;
(g) to transmit, or procure the sending of, any advertising or
promotional material, including any “junk mail,” “chain letter,”
“spam,” or any other similar solicitation; (h) to impersonate or
attempt to impersonate any other person or entity; or (i) to engage
in any other conduct that restricts or inhibits anyone's use or
enjoyment of the Services, or which, as determined by us, may harm
Her Again, Shopify or users of the Services, or expose them to
liability.
In addition, you agree not
to: (a) 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 Services; (b) reproduce,
duplicate, copy, sell, resell or exploit any portion of the
Services; (c) collect or track the personal information of others;
(d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e)
interfere with or circumvent the security features of the Services
or any related website, other websites, or the Internet. We reserve
the right to suspend, disable, or terminate your account at any
time, without notice, if we determine that you have violated any
part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or
your access to the Services (or any part thereof) in our sole
discretion at any time without notice, and you will remain liable
for all amounts due up to and including the date of termination.
The following sections will continue
to apply following any termination: Intellectual Property, Feedback,
Termination, Disclaimer of Warranties, Limitation of Liability,
Indemnification, Severability, Waiver; Entire Agreement, Assignment,
Governing Law, Privacy Policy, and any other provisions that by
their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or
through the Services is made available solely for general
information purposes. We do not warrant the accuracy, completeness,
or usefulness of this information. Any reliance you place on such
information is strictly at your own risk. We disclaim all liability
and responsibility arising from any reliance placed on such
materials by you or any other visitor to the Services, or by anyone
who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY Her
Again, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES
ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY
REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT
GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL
BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS
LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES
SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY
LAW, IN NO CASE SHALL Her Again, OUR PARTNERS, DIRECTORS, OFFICERS,
EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR
LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY
INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT
LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA,
REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR
OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY
PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED
IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING,
BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY
LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE
SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR
POSSIBILITY.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and
hold harmless Her Again, Shopify, and our affiliates, partners,
officers, directors, employees, agents, contractors, licensors, and
service providers from any losses, damages, liabilities or claims,
including reasonable attorneys’ fees, payable to any third party due
to or arising out of (1) your breach of these Terms of Service or
the documents they incorporate by reference, (2) your violation of
any law or the rights of a third party, or (3) your access to and
use of the Services.
We will notify
you of any indemnifiable claim, provided that a failure to promptly
notify will not relieve you of your obligations unless you are
materially prejudiced. We may control the defense and settlement of
such claim at your expense, including choice of counsel, but will
not settle any claim requiring non-monetary obligations from you
without your consent (not to be unreasonably withheld). You will
cooperate in the defense of indemnified claims, including by
providing relevant documents.
SECTION 18 - SEVERABILITY
In the event that any provision of
these Terms of Service is determined to be unlawful, void or
unenforceable, such provision shall nonetheless be enforceable to
the fullest extent permitted by applicable law, and the
unenforceable portion shall be deemed to be severed from these Terms
of Service, such determination shall not affect the validity and
enforceability of any other remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or
enforce any right or provision of these Terms of Service shall not
constitute a waiver of such right or provision.
These Terms of Service and any
policies or operating rules posted by us on this site or in respect
to the Service constitutes the entire agreement and understanding
between you and us and governs 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 of Service).
Any ambiguities in the interpretation
of these Terms of Service shall not be construed against the
drafting party.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer or
assign this Agreement or any of your rights or obligations under
these Terms without our prior written consent, and any such attempt
will be null and void. We may transfer, assign, or delegate these
Terms and our rights and obligations without consent or notice to
you.
SECTION 21 - GOVERNING LAW
These Terms of Service and any
separate agreements whereby we provide you Services shall be
governed by and construed in accordance with the federal and state
or territorial courts in the jurisdiction where Her Again is
headquartered. You and Her Again consent to venue and personal
jurisdiction in such courts.
SECTION 22 - HEADINGS
The headings used in this agreement
are included for convenience only and will not limit or otherwise
affect these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current
version of the Terms of Service at any time on this page.
We reserve the right, in our sole
discretion, to update, change, or replace any part of these Terms of
Service by posting updates and changes to our website. It is your
responsibility to check our website periodically for changes. We
will notify you of any material changes to these Terms in accordance
with applicable law, and such changes will be effective on the date
specified in the notice. Your continued use of or access to the
Services following the posting of any changes to these Terms of
Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service
should be sent to us at info@heragainofficial.com.
Our contact information is posted
below:
info@heragainofficial.com
8 The
Green, STE R, Dover, DE 19901, USA