Terms and Conditions
TERMS OF SERVICE
GENERAL INFORMATION
This web site is operated by Black Cheetah Ecommerce. Throughout the site, the terms "we", "us", "our" and "our" refer to Black Cheetah Ecommerce. Black Cheetah Ecommerceoffers 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 participate in our "Service" and agree to the following terms and conditions ("Terms of Service", "Terms"), including all additional terms and conditions and policies referenced herein and/or available via hyperlinks. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, suppliers, customers, merchants, and/or content contributors.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you are agreeing to the Terms of Service. If you do not agree to all of the terms and conditions of this agreement, then you should not access the website or use any of the services.If the Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools that are added to the current store will also be subject to the Terms of Service. You can review the current version of the Terms of Service at any time on this page.We reserve the right to update, change or replace any part of the Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform, which allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and that you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You may not transmit worms, viruses or any code of a destructive nature.Failure to comply with or breach of any of these Terms will result in immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including your credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform or adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer across networks.You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission from us.The headings used in this agreement are for convenience only and do not limit or affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without first consulting more accurate, complete or timely information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part of the content) at any time without notice.
We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and may be subject to return or exchange according to our return policy only.
We have made every effort to display the colors and images of our products, in the store, as accurately as possible. We cannot guarantee that your computer monitor will display colors accurately.
We reserve the right, but are not obligated, to limit sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All product descriptions or product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any product or service offer made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - BILLING ACCURACY AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address.
In the event we make a change to or cancel an order, we may attempt to notify you by contacting us via email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information used for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you when necessary.
For more details, please review our Return Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor and over which we have no control or input.
You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis without warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising out of or relating to your use of tools provided by third parties.
Any use you make of optional tools offered through the Site is at your own risk and discretion and you should ensure that you are familiar with and approve of the terms under which these tools are provided by the third party provider(s).
We may also, in the future, offer you new services and/or features through the Site (including, the release of new tools and resources). These new features and/or services will also be subject to these Terms of Service.
SECTION 8 - THIRD PARTY LINKS
Certain content, products and services available via our Service may include material from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and shall not have any liability or responsibility for any third-party material or websites, or for any materials, products or services of third parties.
SECTION 9 - USER COMMENTS, SOLICITATION AND OTHER SUBMISSIONS
If, at our request, you submit certain specific submissions (e.g., contest entries) or without a request from us you submit creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, or otherwise use any comments you have submitted to us. We do not and will not have any obligation (1) to keep any comments confidential; (2) to pay compensation for comments; or (3) to respond to comments.
We may, but have no obligation to, monitor, edit or remove content that we deem to be unlawful, offensive, threatening, libelous, defamatory, defamatory, pornographic, obscene or objectionable or violates any party's intellectual property or the Terms of Service.
You agree that your comments will not violate the rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain computer viruses or other malware that could in any way affect the operation of the Service or any related website.You may not use a false e-mail address, use an identity other than a legitimate one, or otherwise mislead third parties or us as to the origin of your comments. You are solely responsible for the comments you make and their accuracy. We take no responsibility and assume no liability with respect to comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the Site is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
From time to time there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit time 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 on the Service or any related website is inaccurate at any time without notice (including after you have submitted your order) .
We undertake no obligation to update, correct or clarify information on the Service or any related website, including, without limitation, pricing information, except as required by law. No updated specification or update date applied to the Service or any related website should be taken to indicate that all information on the Service or any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any regulations, rules, international, federal, provincial or state laws, or local ordinances; (d) to infringe or violate our or any third party's intellectual property right; (e) to harass, abuse, insult, harm, defame, libel, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to present false or misleading information; (g) to upload or transmit viruses or any other malicious code that is or may be used in any way that could compromise the functionality or operation of the Service or any related website, other sites or the Internet; (h) to collect or track personal information from others; (i) to generate spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website¿ other sites or the Internet. We reserve the right to suspend your use of the Service or any related website for violating any of the prohibited use items.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant or guarantee that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time without notice.
You expressly agree that use of, or the possibility of using, the service is at your own risk. The service and all products and services provided through the service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representations, 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.
In no event shall Black Cheetah Ecommerceour directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any direct, indirect, incidental, punitive, special or consequential damages, losses, claims, or damages of any kind, including, without limitation, lost profits, lost revenues, lost savings, lost data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising out of the use of any of the services or products purchased through the service, or for any other claim related in any way to the use of the service 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 service or any content (or product) posted, transmitted, or otherwise made available through the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Mascoi and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of the Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - 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 effective to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Service, such determination shall not affect the validity of enforceability of the remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the date of termination shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you stop using our site.
If in our judgment, you fail, or are suspected of having failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
Our failure 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 with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service and supersede 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 group.
SECTION 18 - LAW
These Terms of Service and any separate agreements in which we provide services to you shall be governed by and construed in accordance with the laws of EE.UU.
SECTION 19 - CHANGES TO THE TERMS OF SERVICE
You may review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - INVOICES
Because Black Cheetah Ecommerceships internationally, at this time, it is not possible to offer an invoice service to our American customers.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to info@try-balanced.com.
SECTION 22 - SMS MARKETING
By consenting to SMS marketing from Black Cheetah Ecommerce at checkout and initializing a purchase or subscribing through our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned payment reminders), text marketing offers and transactional texts, including requests for revisions from us, even if your mobile number is registered on any state or federal do-not-call list. The frequency of messages varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving marketing text messages and notifications, please reply with STOP to any mobile message sent by us or use the unsubscribe link we provide within any of our messages. You understand and agree that alternative methods of unsubscribing, such as the use of alternative wording or requests, will not be considered a reasonable means of unsubscribing. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless carrier. Message and data rates may apply.
If you have any questions, please text HELP at the number from which you received the messages. You may also contact us at info@try-balanced.com for more information.
We have the right at any time to change any telephone number or short code we use to operate the service. You will be notified on such occasions. You agree that any message you send to a phone number or short code that we have modified, including any STOP or HELP request, may not be received, and we will not be responsible for fulfilling requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for the failed, delayed or erroneous delivery of any information sent through the service, for which we are not responsible.