Terms Of Service

OVERVIEW

This website is operated by youstive. Throughout the site, the terms “we”, “us” and “our” refer to

youstive. youstive 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”, “Terms”), including those additional

terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of

Service apply to all users of the site, including without limitation users who are browsers, vendors,

customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using

any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms

and conditions of this agreement, then you may not access the website or use any services. If these Terms

of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the 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 to update, change or replace any part of these Terms of Service by posting updates

and/or changes to 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 on Shopify Inc. They provide us with the online e-commerce platform that allows us

to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

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, or that you are 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 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 must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an 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 credit card information), may be transferred unencrypted

and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical

requirements of connecting networks or devices. Credit card information is always encrypted during

transfer over 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 by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise

affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made 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 consulting primary, more accurate, more complete or more timely

 

sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not 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 THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof)

without notice at any time.

We shall not be liable to you or to 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 are subject to return or exchange only according to our Return

Policy.

We have made every effort to display as accurately as possible the colors and images of our products that

appear at the store. We cannot guarantee that your computer monitor's display of any color will be

accurate.

We reserve the right, but are not obligated, to limit the 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 any products or services that we offer. All descriptions of products or product

pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right

to discontinue any product at any time. Any offer for any product or service 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 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole 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 that use the same billing

and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to

notify you by contacting the e‐mail and/or billing address/phone number provided at the time the order

was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed

by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information 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 as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over 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 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 services and/or features through the website (including, the release

of new tools and resources). Such new features and/or services shall also be subject to these Terms of

Service.

 

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials 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 will not

have any liability or responsibility for any third-party materials or websites, or for any other materials,

products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources,

content, or any other transactions made in connection with 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 should be

directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request

from us you send 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 and otherwise use in any medium any comments that

you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence;

(2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole

discretion are 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 comments 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

comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any

computer virus 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, pretend to be someone other than yourself, or otherwise

mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments

you make and their accuracy. We take no responsibility and assume no liability for any comments posted

by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view

our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally 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 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 in the Service or on

any related website is inaccurate at any time without prior notice (including after you have submitted your

order).

We undertake no obligation to update, amend or clarify information in the Service or on any related

website, including without limitation, pricing information, except as required by law. No specified update

or refresh date applied in the Service or on any related website, should be taken to indicate that all

information in the Service or on 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 any

unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local

ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property

rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate

based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to

submit false or misleading information; (g) to 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 Service or of

 

any related website, other websites, or the Internet; (h) to collect or track the personal information of

others; (i) to 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 websites, or the Internet. We reserve the right to terminate your use of the Service or any related

website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant 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 to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and

all products and services delivered to you through the service are (except as expressly stated by us)

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.

In no case shall youstive, our directors, officers, employees, affiliates, agents, contractors, interns,

suppliers, service providers or licensors 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

service or any products procured using the service, or for any other claim related in any way to your 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 via the service, even if advised of their possibility. Because

some states or jurisdictions do not allow the exclusion or the 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 youstive and our parent, 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 these 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 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 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the

termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either 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 cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision

of these Terms of Service, we also may 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 may

deny you access to our Services (or any part thereof).

SECTION 17 - 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 govern 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 18 - 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 laws of New Zealand.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at 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. 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 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at youaituch@gmail.com