TERMS OF SERVICE

Welcome to Fight Form. The terms “we”, “us” and “our” refer to Fight Form LLC. Fight Form operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Fight Form is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services. Please read these Terms carefully. By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not use or access our Services.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current and complete, and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.

We have made every effort to provide an accurate representation of our products in our online store. However, colors or product appearance may differ from how they appear on your screen due to your device type and display settings. We do not warrant that the appearance or quality of any products purchased by you will meet your expectations or be identical to how they are depicted in our store.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products offered to any person, geographic region, or jurisdiction.

When you place an order, you are making an offer to purchase. Fight Form reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Fight Form confirms acceptance, and we must receive and process your payment before your order is accepted.

Please review your order carefully before submitting. Fight Form may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you using the contact information provided at the time of the order.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export. Review our Privacy Policy for details on how we handle your information.

Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed, as set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, or handling charges.

We may offer promotions from time to time that affect pricing and are governed by separate terms. Where there is a conflict between promotion terms and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate payment and account information for all purchases. You represent and warrant that: (i) your credit card information is true, correct, and complete; (ii) you are authorized to use the payment method provided; (iii) charges incurred will be honored by your payment provider; and (iv) you will pay all charges at the posted prices, including applicable taxes and shipping.

All delivery times are estimates only and are not guaranteed. We are not liable for shipping or delivery delays caused by carriers, weather, or events outside our control. Once we transfer your order to the carrier, title and risk of loss passes to you.

Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Fight Form LLC, its affiliates or licensors and are protected by U.S. and foreign copyright, trademark, and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.

Fight Form’s names, logos, product and service names, designs, and slogans are trademarks of Fight Form LLC or its affiliates. You must not use such marks without our prior written permission. Shopify’s name, logo, and related marks are trademarks of Shopify Inc. All other marks are the property of their respective owners.

You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor have any control over. We provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind. We are not liable for any loss or damage arising from your use of optional third-party tools. Any use of such tools is entirely at your own risk.

The Services may contain links to third-party websites. We are not responsible for examining or evaluating the content or accuracy of any third-party sites. If you leave our Services to access third-party content, you do so at your own risk. We are not liable for any harm or damages related to your use of third-party websites, products, or services. Please review each third party’s policies before engaging in any transaction.

Fight Form is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Fight Form. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any transaction between you and Fight Form, including any injury, damage, or loss resulting from purchased products. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Fight Form.

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s privacy policy. By using the Services, you acknowledge that you have read and understand these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes certain personal information about your access to and use of the Services. Information you submit may be transmitted to and shared with Shopify as well as third-party service providers in order to fulfill your orders and provide the Services.

If you submit any ideas, suggestions, feedback, reviews, or other content (“Feedback”), you grant Fight Form a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use.

You represent and warrant that: (i) you own or have all necessary rights to any Feedback you submit; (ii) you have disclosed any compensation or incentives received in connection with your submission; and (iii) your Feedback complies with these Terms. You are solely responsible for the accuracy and content of any Feedback you submit.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms.

There may occasionally be information on or in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders at any time without prior notice, including after you have submitted your order.

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:

1. for any unlawful or malicious purpose;
2. to violate any federal, state, or local regulations, rules, or laws;
3. to infringe upon or violate our intellectual property rights or those of others;
4. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any person;
5. to transmit false or misleading information;
6. to transmit or procure the sending of any unsolicited advertising or promotional material, including spam or chain letters;
7. to impersonate or attempt to impersonate any person or entity; or
8. to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that may harm Fight Form or its users or expose them to liability.

You also agree not to:

9. upload or transmit viruses or any other malicious code affecting the functionality of the Services;
10. reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services;
11. collect or track the personal information of others;
12. spam, phish, pharm, or pretext the Services;
13. use any robot, spider, scraping tool, automated process, or similar means to access the Services without our express written permission; or
14. interfere with, bypass, or circumvent any security or authorization features of the Services.

We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

14.1 This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. “Agent” means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed without direct human supervision.

14.2 No Agent may access, use, or interact with the Services unless it identifies itself and operates in strict accordance with the requirements in Section 14.4. No Agent may access the Services if we have requested that it refrain from doing so.

14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, or interacts with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including “Agent/[agent name]” in the user agent string; (ii) not conceal or obfuscate that any access or interactions are from an Agent, including by mimicking human behavior or circumventing CAPTCHAs; (iii) respond truthfully to any prompt seeking to determine if interactions are from a human or a computer; and (iv) not circumvent any measure intended to block, limit, modify, or control Agent access to the Services.

We may terminate this agreement or your access to the Services at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. The following sections will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, and Governing Law.

The information presented through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

EXCEPT AS EXPRESSLY STATED BY FIGHT FORM, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE 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, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU IN FULL.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL FIGHT FORM LLC, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, 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, OR REPLACEMENT COSTS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT.

You agree to indemnify, defend and hold harmless Fight Form LLC, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, arising out of: (1) your breach of these Terms; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, and we may control the defense and settlement of such claim at your expense, but will not settle any claim requiring non-monetary obligations from you without your prior consent.

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms without affecting the validity or enforceability of any remaining provisions.

The failure of Fight Form to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms, together with any policies posted on this site, constitute the entire agreement between you and Fight Form and govern your use of the Services, superseding any prior or contemporaneous agreements, whether oral or written. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent; any such attempt will be null and void. Fight Form may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

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 the State of Texas, without regard to its conflict of law provisions. You and Fight Form consent to exclusive venue and personal jurisdiction in the state and federal courts located in Travis County, Texas.

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

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates to our website. You can review the most current version of the Terms at any time on this page. We will notify you of any material changes in accordance with applicable law. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

Questions about these Terms of Service should be directed to hello@fightform.co: