Welcome to flipsail.com, a website that provides online shopping services for various products. These terms of service govern your access to and use of our website and services. Please read them carefully and contact us if you have any questions or concerns.
By accessing or using our website or 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 our privacy policy, you must not access or use our website or services.
We may modify these terms of service from time to time at our sole discretion. We will notify you of any changes by posting the updated terms of service on our website and indicating the date of revision. Your continued access or use of our website or services after the effective date of the updated terms of service constitutes your acceptance of the changes. We encourage you to review these terms of service periodically to stay informed about any modifications.
Eligibility and Registration
Our website and services are intended for users who are at least 13 years of age and reside in the US or Canada. By accessing or using our website or services, you represent and warrant that you meet these requirements and that you have the legal capacity to enter into a binding agreement with us.
To access or use some features or functions of our website or services, you may need to register for an account. You agree to provide accurate, complete, and current information when registering for an account and to update your information as necessary. You are responsible for maintaining the security and confidentiality of your account and password and for preventing unauthorized access to your device. You agree to notify us immediately if you suspect any unauthorized use of your account or password or any other breach of security. You are solely responsible for all activities that occur under your account, whether authorized by you or not.
We reserve the right to suspend or terminate your account or access to our website or services at any time, without notice or liability, if we believe that you have violated these terms of service, our privacy policy, or any applicable laws or regulations.
Products and Services
We offer various products and services for sale on our website, such as clothing, accessories, electronics, home goods, and others. We make reasonable efforts to display the products and services accurately, including their colors, sizes, features, prices, availability, and descriptions. However, we cannot guarantee that your device will display the products and services exactly as they appear on our website. We also reserve the right to modify, discontinue, limit, or cancel any products or services at any time, without notice or liability.
When you place an order on our website, you agree to pay the total amount due, including any applicable taxes, shipping fees, and other charges. You also agree to provide valid and current payment information and authorize us to charge your payment method for the order. We accept various payment methods, such as credit cards, debit cards, PayPal, and others. We use secure and reputable payment processors to process your payments and protect your payment information.
We will send you a confirmation email once we receive your order. However, this does not mean that we have accepted your order. We reserve the right to accept or reject your order at our sole discretion. We will notify you by email if we accept or reject your order. If we accept your order, we will ship it according to our shipping policy. If we reject your order, we will refund your payment in full.
We do not guarantee that the products or services you order will be available, delivered on time, or meet your expectations. We are not liable for any delays, errors, damages, or losses that may occur during or after the delivery of your order. You agree to inspect your order upon receipt and contact us within 30 days of delivery if you have any issues or complaints. You may return or exchange your order according to our refund policy.
User Content and Conduct
Our website and services may allow you to post, upload, submit, share, or otherwise make available any content, such as reviews, ratings, comments, feedback, suggestions, ideas, photos, videos, or other materials (collectively, “user content”). You retain ownership of your user content, but you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your user content in any media and for any purpose, including for commercial purposes. You also waive any moral rights or other rights of attribution or integrity that you may have in your user content.
You are solely responsible for your user content and the consequences of posting or sharing it. You represent and warrant that you own or have the necessary rights and permissions to use and share your user content and that your user content does not violate any laws, regulations, or third-party rights, such as intellectual property rights, privacy rights, or publicity rights. You also agree not to post or share any user content that is unlawful, harmful, abusive, harassing, defamatory, libelous, slanderous, obscene, pornographic, hateful, discriminatory, racist, sexist, homophobic, or otherwise objectionable or offensive.
We do not endorse, support, represent, or guarantee the truthfulness, accuracy, completeness, or reliability of any user content or any opinions, views, or statements expressed by users. We do not monitor, review, edit, or control user content, but we reserve the right to remove or modify any user content at any time, without notice or liability, for any reason or no reason.
You agree to comply with all applicable laws, regulations, and rules when accessing or using our website or services. You also agree not to engage in any prohibited conduct, such as:
- Impersonating any person or entity or misrepresenting your affiliation with any person or entity;
- Accessing or using our website or services in any unauthorized or fraudulent manner;
- Interfering with or disrupting the operation or security of our website or services or any networks or servers connected to them;
- Transmitting any viruses, malware, spyware, or other harmful or malicious code through our website or services;
- Attempting to gain unauthorized access to any accounts, data, systems, or networks of ours or of any other users or third parties;
- Harvesting, scraping, collecting, or storing any personal information of other users or third parties without their consent;
- Violating any intellectual property rights, privacy rights, publicity rights, or other rights of ours or of any other users or third parties;
- Infringing, misappropriating , or otherwise violating any intellectual property rights, privacy rights, publicity rights, or other rights of ours or of any other users or third parties;
- Engaging in any harassing, threatening, intimidating, abusive, or violent behavior towards us or any other users or third parties;
- Soliciting, advertising, promoting, or selling any products or services that are not offered by us or our business partners;
- Using our website or services for any illegal, immoral, unethical, or unauthorized purposes.
We reserve the right to investigate and take appropriate legal action against anyone who violates these terms of service, our privacy policy, or any applicable laws or regulations. We also reserve the right to suspend or terminate your access to our website or services at any time, without notice or liability, for any reason or no reason.
Intellectual Property Rights
We own and retain all rights, title, and interest in and to our website and services and all related content, features, functions, trademarks, logos, and other intellectual property. Except as expressly granted by these terms of service or our prior written consent, you do not acquire any rights, title, or interest in or to our website and services or any related content, features, functions, trademarks, logos, and other intellectual property. You agree not to copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, or display our website and services or any related content, features, functions, trademarks, logos, and other intellectual property without our prior written consent. You also agree not to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or structure of our website and services or any related content, features, functions, trademarks, logos, and other intellectual property without our prior written consent.
Disclaimer of Warranties
Our website and services are provided “as is” and “as available” without any warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that our website and services will be uninterrupted, error-free, secure, accurate, complete, reliable, or suitable for your needs or expectations. We do not warrant that any defects or errors will be corrected or that our website and services are free of viruses or other harmful components. You access and use our website and services at your own risk and discretion. You are solely responsible for any damage or loss that may result from your access or use of our website and services or any reliance on any information or content provided by us or by any other users or third parties.
Limitation of Liability
To the fullest extent permitted by law, we and our affiliates, employees, directors, officers, agents, contractors, licensors, suppliers, partners, and representatives are not liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages of any kind arising out of or relating to your access or use of or inability to access or use our website and services or any products or services purchased or obtained through our website and services, whether based on contract, tort, negligence, strict liability, statute, or any other legal theory, even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the above exclusions or limitations may not apply to you. In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you for accessing or using our website and services or $100, whichever is less.
Indemnification
You agree to indemnify, defend, and hold harmless us and our affiliates, employees, directors, officers, agents, contractors, licensors, suppliers, partners, and representatives from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
- Your access or use of or inability to access or use our website and services or any products or services purchased or obtained through our website and services;
- Your user content or any other content or information that you post, upload, submit, share, or otherwise make available through our website or services;
- Your violation of these terms of service, our privacy policy, or any applicable laws, regulations, or rules;
- Your infringement, misappropriation, or violation of any intellectual property rights, privacy rights, publicity rights, or other rights of ours or of any other users or third parties.
- We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense. You agree to cooperate with our defense of any such claim.
Governing Law and Jurisdiction
These terms of service and your access to and use of our website and services are governed by and construed in accordance with the laws of the State of New York, USA, and you agree to submit to the exclusive jurisdiction and venue of the federal or state courts for any legal action or proceeding arising out of or relating to these terms of service, our website or services, or any products or services purchased or obtained through our website or services. You also waive any objection to such jurisdiction and venue based on inconvenience, lack of jurisdiction, or any other ground. These terms of service shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, which is expressly excluded.
Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these terms of service, our website or services, or any products or services purchased or obtained through our website or services, whether based on contract, tort, negligence, statute, or any other legal theory, shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes. The arbitration shall be conducted by a single arbitrator appointed by the AAA in accordance with its rules and procedures. The arbitration shall take place in New York, New York, USA, unless otherwise agreed by the parties. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator shall award reasonable costs and attorneys’ fees to the prevailing party. You agree that any arbitration shall be conducted on an individual basis and not on a class, collective, or representative basis. You waive any right to participate in any class action, class arbitration, or other representative action or proceeding against us. If any provision of this section is found to be invalid or unenforceable by a court of competent jurisdiction, then the parties agree that the court shall have the power to sever the provision and enforce the remainder of this section.
Severability
If any provision of these terms of service is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, then such provision shall be modified or replaced by a valid, legal, and enforceable provision that reflects the original intent of the parties. If such modification or replacement is not possible, then such provision shall be severed from these terms of service and the rest of these terms of service shall remain in full force and effect.
Waiver
No failure or delay by us in exercising or enforcing any right or remedy under these terms of service shall constitute a waiver of such right or remedy or any other rights or remedies that we may have. No waiver by us of any breach or default under these terms of service shall be deemed to be a waiver of any subsequent or continuing breach or default under these terms of service. Any waiver by us must be in writing and signed by us to be effective.
Assignment
You may not assign or transfer your rights or obligations under these terms of service to any other person or entity without our prior written consent. We may assign or transfer our rights or obligations under these terms of service to any other person or entity at any time, without notice or consent, for any reason or no reason.
Entire Agreement
These terms of service and our privacy policy constitute the entire agreement between you and us regarding your access to and use of our website and services and supersede any prior or contemporaneous agreements, communications, representations, or understandings, whether oral or written, between you and us.
