Terms of Service
OVERVIEW
This website is operated by Epic Drops, LLC, supporting both
DressToImpress.com and Fisch. Throughout the site, the terms “we”, “us” and
“our” refer collectively to Epic Drops and its affiliated games, Dress to
Impress and Fisch. We offer this website and related services conditioned
upon your acceptance of all terms, conditions, 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 Refund Policy:
[LINK TO REFUND 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
details, please review our Refund Policy:
[LINK TO REFUND 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 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 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 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 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, which can be viewed here:
[LINK TO 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
DressToImpress.com, 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 DressToImpress.com
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 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 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 United States.
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
support@epicdrops.com.
Our contact information is posted below:
Epic Drops, LLC
support@epicdrops.com
13550 Falling
Water Rd. STE 205
804-803-3742
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at
support@epicdrops.com.
Epic Drops, LLC
support@epicdrops.com
13550 Falling Water Rd. STE 205
804-803-3742