Terms of service
Welcome to Born To Attract! These terms of service ("Terms") govern your use of our website, https://borntoattractyen.myshopify.com/, and any products or services offered by [Brand Name] (the "Services"). By using our Site or Services, you agree to these Terms.
Intellectual Property
All content on the Site, including text, graphics, logos, images, and software, is the property of Born To Attract and is protected by United States and international copyright laws. You may not use any content from the Site without our prior written consent.
Product Information
We make every effort to ensure that the products on our Site are accurately described and depicted. However, we cannot guarantee that the colors or other details of the products will be accurately displayed on your device.
Pricing and Payment
Prices for our products are subject to change without notice. We reserve the right to refuse or cancel any orders containing pricing errors or inaccuracies. Payment for orders is due at the time of purchase.
Shipping and Returns
We offer shipping to the United States and select international destinations. Shipping times may vary depending on your location.
Limitation of Liability
In no event shall Born To Attract be liable for any damages arising from your use of the Site or Services, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
Indemnification
You agree to indemnify and hold Born To Attract harmless from any claims, damages, or expenses arising from your use of the Site or Services, or your violation of these Terms.
Termination
We may terminate or suspend your access to the Site or Services at any time, without notice and without liability. Upon termination, these Terms will still apply.
Changes to these Terms
We reserve the right to update or modify these Terms at any time, without prior notice. Your continued use of the Site or Services after any such changes constitutes your acceptance of the new Terms.
Governing Law
These Terms are governed by the laws of the State of Florida, without regard to its conflict of laws principles.
Sms/Email Marketing Policies
By consenting to Born To Attract’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at borntoattractyen@gmail.com.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Your right to privacy is important to us. You can see our Privacy Policy listed above to determine how we collect and use your personal information.
Arbitration and Class Action Waiver Agreement:
Arbitration:
By using or purchasing Born To Attract products or services, you agree that any controversy, claim, action, or dispute between you and Born To Attract arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of Born To Attract ’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.
Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.
Arbitration Procedures:
Claims shall be heard by a single arbitrator. Arbitrations shall be held in Hillsborough County, Florida, USA, but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the Florida, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
Exclusion from Arbitration:
Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Born To Attract' s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to borntoattractyen@gmail.com. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with Born To Attract. You are responsible for ensuring Born To Attract ’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.
Class Action Waiver:
You and Born To Attract agree that you may bring or participate in Claims against Born To Attract only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and[Brand] agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Contact Us
If you have any questions or concerns about these Terms, please contact us at borntoattractyen@gmail.com.
By using this Site, you agree to the terms of these Terms.