Terms Of Service
Welcome to Muncheez.com, an online clothing store operated by Ten1, LLC ("us", "we", or "our"). These Terms of Service ("Terms") govern your access to and use of our website, including any content, functionality, and services offered on or through our website (the "Website").
You represent and warrant that you are at least 18 years of age and are capable of entering into binding contracts. If you are under 18 years of age, you may use the Website only with the involvement of a parent or legal guardian.
If you wish to purchase any product or service made available through the Website (a "Purchase"), you may be asked to supply certain information relevant to your Purchase, including but not limited to your name, address, telephone number, email address, and credit card information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
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.
Shipping & Returns
We will arrange for shipment of the products to you. Title and risk of loss for all products ordered by you shall pass to you on Ten1, LLC's shipment to the shipping carrier. Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Separate charges for shipping and handling will be shown on Ten1, LLC's invoice(s).
We strive to ensure that all products that we sell are of high quality. If you are not completely satisfied with your purchase, you may return the item(s) for a refund or exchange within [insert number] days of receipt of the item(s) in the condition that they were received.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio,and the design, selection, and arrangement thereof), are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Website and its content solely for the purpose of shopping for personal items sold on the Website and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any unauthorized use of the Website or its content is prohibited and may violate these Terms and applicable laws, including but not limited to copyright and trademark laws.
You shall not use any content or information, including but not limited to, product listings, descriptions, prices, images, or any other content or information, available on or through the Website for any commercial purpose or for the benefit of any third party.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
We reserve the right to terminate or suspend your access to the Website, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, a service provider, or us.
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS, AND SERVICES, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEBSITE OR THE FUNCTION, CONTENT, OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
You agree to indemnify, defend, and hold us, our affiliates, and our and their respective officers, directors, agents, and employees, harmless from any claim, demand, loss, or damages, including reasonable attorneys' fees, arising out of or in any way connected with your use of the Website or your violation of these Terms.
These Terms and your use of the Website shall be governed by and construed in accordance with the laws of the United States and the State of California without giving effect to any principles of conflicts of law.
Any dispute arising out of or relating to these Terms or the Website shall be resolved through binding arbitration in accordance with the then-current rules of the American Arbitration Association. The arbitration shall take place in San Diego, CA. The award rendered by the arbitrator shall be final and binding on the parties, and a judgment thereon may be entered in any court having jurisdiction thereof.
Changes to Terms of Service
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Website. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms of Service.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Website or discontinue any use of the Website immediately.
If you have any questions about these Terms of Service, please contact us at:
6161 El Cajon Blvd No B427
San Diego, CA 92115
This document was last updated on 1/12/23