Terms of service
This website is operated by Vesperassa. Throughout the site, the terms"we", "us" and "our" refer to Vesperassa. Vesperassa offers this website,including all information, tools and Services available from this site toyou, 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 engagein our "Service” and agree to be bound by the following terms andconditions ("Terms of Service", "Terms"), including those additionalterms and conditions and policies referenced herein and/or availableby 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 usingour website. By accessing or using any part of the site, you agree to bebound by these Terms of Service. If you do not agree to all the termsand conditions of this agreement, then you may not access thewebsite or use any Services. If these Terms of Service are consideredan offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shallalso be subject to the Terms of Service. You can review the mostcurrent version of the Terms of Service at any time on this page. Wereserve the right to update, change or replace any part of these Termsof Service by posting updates and/or changes to our website. It is yourresponsibility to check this page periodically for changes. Yourcontinued use of or access to the website following the posting of anychanges 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 atleast the age of majority in your state or province of residence, or thatyou are the age of majority in your state or province of residence andyou have given us your consent to allow any of your minor dependentsto 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 adestructive nature.
A breach or violation of any of the Terms will result in an immediatetermination 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 cardinformation), may be transferred unencrypted and involve (a)transmissions over various networks; and (b) changes to conform andadapt to technical requirements of connecting networks or devices.Credit card information is always encrypted during transfer overnetworks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit anyportion of the Service, use of the Service, or access to the Service orany 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
We are not responsible if information made available on this site is notaccurate, complete or current. The material on this site is provided forgeneral information only and should not be relied upon or used as thesole basis for making decisions without consulting primary, moreaccurate, more complete or more timely sources of information. Anyreliance on the material on this site is at your own risk.
This site may contain certain historical information. Historicalinformation, necessarily, is not current and is provided for yourreference only. We reserve the right to modify the contents of this siteat any time, but we have no obligation to update any information onour 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 onlinethrough the website. These products or Services may have limitedquantities and are subject to return or exchange only according to ourRefund Policy: [ REFUND POLICY]
We have made every effort to display as accurately as possible thecolors and images of our products that appear at the store. We cannotguarantee that your computer monitor's display of any color will beaccurate.
We have made every effort to display as accurately as possible the
colors and images of our products that appear at the store. We cannotguarantee 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 ourproducts or Services to any person, geographic region or jurisdiction.We may exercise this right on a case-by-case basis. We reserve theright to limit the quantities of any products or Services that we offer. Alldescriptions of products or product pricing are subject to change atanytime without notice, at the sole discretion of us. We reserve theright to discontinue any product at any time. Any offer for any productor Service made on this site is void where prohibitedWe 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, inour sole discretion, limit or cancel quantities purchased per person, perhousehold or per order. These restrictions may include orders placedby or under the same customer account, the same credit card, and/ororders that use the same billing and/or shipping address. In the eventthat we make a change to or cancel an order, we may attempt tonotify you by contacting the e-mail and/or billing address/phonenumber provided at the time the order was made. We reserve the rightto limit or prohibit orders that, in our sole judgment, appear to beplaced by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase andaccount information for all purchases made at our store. You agree topromptly update your account and other information, including youremail address and credit card numbers and expiration dates, so thatwe can complete your transactions and contact you as needed.
For more details, please review our RefundPolicy
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 "asis" and "as available" without any warranties, representations orconditions of any kind and without any endorsement. We shall have noliability whatsoever arising from or relating to your use of optionalthird-party tools.
Any use by you of the optional tools offered through the site is entirelyat your own risk and discretion and you should ensure that you arefamiliar 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). Suchnew 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 thatare not affiliated with us. We are not responsible for examining orevaluating the content or accuracy and we do not warrant and will nothave any liability or responsibility for any third-party materials orwebsites, 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 examplecontest entries) or without a request from us, you send creative ideas,suggestions, proposals, plans, or other materials, whether online, byemail, by postal mail, or otherwise (collectively, 'comments'), you agreethat we may, at any time, without restriction, edit, copy, publish,distribute, translate and otherwise use in any medium any commentsthat you forward to us. We are and shall be under no obligation (1) tomaintain any comments in confidence; (2) to pay compensation forany comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove contentthat we determine in our sole discretion to be unlawful, offensive,threatening, libelous, defamatory, pornographic, obscene or otherwiseobjectionable 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 otherpersonal or proprietary right. You further agree that your comments willnot contain libelous or otherwise unlawful, abusive or obscenematerial, or contain any computer virus or other malware that could inany way affect the operation of the Service or any related website. Youmay not use a false e-mail address, pretend to be someone other thanyourself, or otherwise mislead us or third-parties as to the origin of anycomments. You are solely responsible for any comments you make andtheir accuracy. We take no responsibility and assume no liability forany comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governedby our Privacy Policy, which can be viewed here: [PRIVACYPOLICY]
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service thatcontains typographical errors, inaccuracies or omissions that mayrelate to product descriptions, pricing, promotions, offers, productshipping charges, transit times and availability. We reserve the right tocorrect any errors, inaccuracies or omissions, and to change or updateinformation or cancel orders if any information in the Service or on anyrelated 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, youare prohibited from using the site or its content: (a) for any unlawfulpurpose; (b) to solicit others to perform or participate in any unlawfulacts; (c) to violate any international, federal, provincial or stateregulations, rules, laws, or local ordinances; (d) to infringe upon orviolate our intellectual property rights or the intellectual property rightsof others; (e) to harass, abuse, insult, harm, defame, slander,disparage, intimidate, or discriminate based on gender, sexualorientation, religion, ethnicity, race, age, national origin, or disability; (fto submit false or misleading information; (g) to upload or transmitviruses or any other type of malicious code that will or may be used inany way that will affect the functionality or operation of the Service orof any related website, other websites, or the Internet; (h) to collect ortrack the personal information of others; (i) to spam, phish, pharm,pretext, spider, crawl, or scrape; (i) for any obscene or immoralpurpose; or (k) to interfere with or circumvent the security features ofthe 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 forindefinite periods of time or cancel the Service at any time, withoutnotice to you.
You expressly agree that your use of, or inability to use, the Service is atyour sole risk. The Service and all products and Services delivered toyou through the Service are (except as expressly stated by us)provided 'as is' and 'as available' for your use, without anyrepresentation, warranties or conditions of any kind, either express orimplied, including all implied warranties or conditions ofmerchantability, merchantable quality, fitness for a particular purpose,durability, title, and non-infringement.
In no case shall Yingtide, our directors, officers, employees, affiliates,agents, contractors, interns, suppliers, Service providers or licensors beliable 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 fromyour use of any of the Service or any products procured using theService, or for any other claim related in any way to your use of theService or any product, including, but not limited to, any errors oromissions in any content, or any loss or damage of any kind incurredas a result of the use of the Service or any content (or product) posted,transmitted, or otherwise made available via the Service, even ifadvised of their possibility. Because some states or jurisdictions do notallow the exclusion or the limitation of liability for consequential orincidental damages, in such states or jurisdictions, our liability shall belimited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Yingtide and ourparent, subsidiaries, affiliates, partners, officers, directors, agents,contractors, licensors, Service providers, subcontractors, suppliers,interns and employees, harmless from any claim or demand, includingreasonable attorneys' fees, made by any third-party due to or arisingout of your breach of these Terms of Service or the documents theyincorporate by reference, or your violation of any law or the rights of athird-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determinedto be unlawful, void or unenforceable, such provision shall nonethelessbe enforceable to the fullest extent permitted by applicable law, andthe unenforceable portion shall be deemed to be severed from theseTerms of Service, such determination shall not affect the validity andenforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to thetermination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated byeither you or us. You may terminate these Terms of Service at any timeby notifying us that you no longer wish to use our Services, or when youcease using our site.
If in our sole judgment you fail, or we suspect that you have failed, tocomply with any term or provision of these Terms of Service, we alsomay terminate this agreement at any time without notice and you willremain liable for all amounts due up to and including the date oftermination; 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 byus on this site or in respect to the Service constitutes the entireagreement and understanding between you and us and governs youruse of the Service, superseding any prior or contemporaneousagreements, communications and proposals, whether oral or written,between you and us (including, but not limited to, any prior versions ofthe 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 weprovide you Services shall be governed by and construed inaccordance 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 orreplace any part of these Terms of Service by posting updates andchanges to our website. It is your responsibility to check our websiteperiodically for changes. Your continued use of or access to ourwebsite or the Service following the posting of any changes to theseTerms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at
info@vesperassa.com.
1450 S Federal Blvd #312 Denver, CO 80219
+1(518)838-5346