Terms and Conditions
Welcome to WAY Team Shops! WAY Team Shops, of We Are Yoga, Inc. (“WAY Team Shops” or “Company”) is the operator of the www.WAYteamshop.com site (the “Site”), creator and operator of the WAY Team Shops services (the “Services”).
We grant you a personal, limited, non-transferable, non-exclusive license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
1. USE OF THE SITE AND CONTENT
You may use the Site only for your own commercial (i.e. the business named in the initial agreement between you and WAY Team Shops) and personal use and in compliance with these Terms. You are responsible for complying with our monthly subscription program to maintain active status of your business’ collection and embed code for your site’s use. You are responsible for your own communications, including the transmission, uploading or posting of information to the Site, or in reference to, and are responsible for the consequences of such communications.
Any other use of the Site, direct linking or utilizing embed code on business site, requires the prior written consent of WAY Team Shops. You may not otherwise copy, modify, or distribute the contents of this Site without the prior written consent of WAY Team Shops. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part.
We require all Members (as defined below in section 4 of these Terms) to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:
- Using the Site to drop ship merchandise to third parties;
- Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity;
- Posting any information which is untrue, inaccurate or not your own;
- Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
- Attempting to interfere in any way with the Site or WAY Team Shops’s network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without the prior written consent of WAY Team Shops.
2. REGISTRATION AND PASSWORDS
3. ADDITIONAL TERMS AND CONDITIONS
You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to ordering, shipping and return policies, and monthly subscription program (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.
4. FRAUD PROTECTION
As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant to WAY Team Shops the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. WAY Team Shops reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.
You agree that by placing an order on the Site, you are entering into a binding contract with WAY Team Shops and agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
7. THE SUBSCRIPTION CONTRACT BETWEEN YOU AND US
WAY Team Shops requires all customers to purchase a 12 mo. monthly recurring, automatic subscription in order to operate and maintain your customized collection.
AUTOMATIC RENEWAL TERMS
With respect of WAY Team Shops subscriptions subject to automatic renewal, you agree that WAY Team Shops may submit periodic charges (e.g., monthly) to your chosen payment method without further authorization from you, until you provide prior notice that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before WAY Team Shops reasonably could act.
By purchasing a Monthly Subscription, you agree and acknowledge that your 12 mo. subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by WAY Team Shops after the expiration date of your payment card.
AUTOMATIC MONTHLY RENEWAL TERMS
Your subscription will be automatically renewed for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate until you cancel your Monthly Subscription renewal.
HAT DIGITIZATION FEE
There is a one time digitization fee per hat or beanie design to get your logo/design in the proper format for embroidery. You will be invoiced for this during your first month when we establish how many hats you have in your collection.
CANCELLATION POLICY FOR MONTHLY SUBSCRIPTION RENEWALS
There is a 12 mo. commitment with your $99 subscription. Our cancellation policy is a $600 buyout or 6 months of payments. During that time you can still access and shop your store. After 6 months or a $600 buyout you will have the option of switching over to our affiliate platform or to continue with your 12 mo contract should you change your mind. To cancel your Monthly Subscription [b]at any time, you must send us a message at email@example.com and we will do it for you. Notice must be written, and will be applied to the subsequent billing cycle if requested two weeks before end of subscription date, or for the month following if less than two weeks before subscription end date. If you cancel, you may use your subscription until the end of your then-current subscription term.
8. PRODUCT INFORMATION; LIMITATION ON QUANTITIES
We strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Site will be available at the time of purchase.
9. PROPRIETARY RIGHTS
You acknowledge and agree that the content (other than content that may be submitted by Members i.e Instagram Posts), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of WAY Team Shops or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the site that are not your designs and/or property. WAYteamshop will not take responsibility and is not liable for graphics resulting in a cease and desist order. WAYteamshop assumes that all content provided by its clients is original and/or is copyrighted by the client. Any materials, content, or designs that WAY Team Shops collaborates, creates, enhances and/or modifies, you agree to share ownership of the materials, content or designs with WAY Team Shops.
By submitting or posting any materials, content, or designs to WAY Team Shops, you grant WAY Team Shops a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, logos, and designs) to which you do not have the full right to grant WAY Team Shops the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. WAY Team Shops will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
10. CONTRIBUTED CONTENT GUIDELINES
WAY Team Shops values your engagement. When contributing content, please consider the following guidelines:
- By submitting or posting any materials or content on the Site, you grant WAY Team Shops a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant WAY Team Shops the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. WAY Team Shops will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
All contributed content is subject to the terms set forth below and in our standardTerms and Conditions, which include our policy regarding copyright infringement;
We reserve the right not to post your content if it contains any of the following types of content or violates other guidelines. By way of example, and not as a limitation, you agree that when contributing content, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Use obscenities, discriminatory language, or other language not suitable for a public forum;
In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a content submission. Instead, contact us directly via firstname.lastname@example.org.
Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet are taxable.
Important Kentucky sales tax information regarding the tax you may owe directly to the state of Kentucky. We are not required to and do not collect Kentucky sales or use tax. Your purchase may be subject to Kentucky use tax unless the purchase is exempt from taxation in Kentucky. The purchase is not exempt merely because it is made over the Internet, by catalog, or by other remote means. The Commonwealth of Kentucky requires Kentucky purchasers to report all purchases of tangible personal property or digital property that are not taxed by the retailer and pay use tax on those purchases unless exempt under Kentucky law. The tax may be reported and paid on the Kentucky individual income tax return or by filing a consumer use tax return with the Kentucky Department of Revenue. These forms and corresponding instructions may be found on the Kentucky Department of Revenue's Internet Web site.
12. LIMITATION OF LIABILITY
EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF WAY Team Shops, IN NO EVENT SHALL WAY Team Shops, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT OR TORT (NEGLIGENCE). EVEN IF WAY Team Shops HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF WAY Team Shops, IN NO EVENT SHALL THE TOTAL LIABILITY OF WAY Team Shops, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN WARRANTY, CONTRACT OR TORT (NEGLIGENCE), EXCEED THE AMOUNT YOU PAID TO WAY Team Shops IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site.
13. RISK OF LOSS
Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
a) All Team Shop Start-Up purchases are final. Please review all details and information provided via the website prior to your purchase. Monthly Membership automatic billings are final and will not be returned under any circumstances. Please review the terms detailed above for more information on automatic renewals and cancellations.
b) Due to all apparel being customized for each team store, we do not offer returns or refunds on any items due to size, need, or want. If you have an issue with an item received based on a manufacturer defect, printing/embroidery defect, or incorrect item please reach out to us with photos at email@example.com.
15. COLOR MATCHING
Due to the nature of our printing machines, and the variables associated with different monitors, we are unable to guarantee perfect color matching to your graphics. We do our best to get as close as possible, but if you have any specific needs or requests based on your graphics please inform your team shop designer prior to the completion of your store products.
Questions: Should you have any questions regarding these Terms you may contact us at firstname.lastname@example.org