Terms and Conditions
Last Updated: September 25, 2020
MoreAble, LLC owns and operates VibeSzn® (“VibeSzn,” “we,” “us” or “our”).
Please review these Terms and Conditions carefully.
PLEASE NOTE THAT THIS AGREEMENT CONTAINS THE FOLLOWING IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND CHOICES:
- BINDING INDIVIDUAL ARBITRATION THAT AFFECTS YOUR RIGHTS TO SUE UNDER THIS POLICY
- OPT-IN AND OPT-OUT POLICY FOR RECEIVING COMMUNICATION FROM US VIA EMAIL, TEXT, OR PHONE CALLS
- INFORMATION FOR RESIDENTS OF CALIFORNIA AND THE EUROPEAN UNION
BY CLICKING ACCEPT, CHECKING AN ACCEPTANCE BOX, ACCESSING OUR SITES, OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THIS POLICY AS IF YOU HAD SIGNED IT.
Welcome to our www.VibeSzn.com website. VibeSzn® provides services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any of our services (e.g., Customer Service), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. We reserve the right to change this Site and these terms and conditions at any time and the change will be effective immediately.
Accessing, browsing, or otherwise using the site indicates your agreement to all the terms and conditions in this agreement, so please read this agreement carefully before proceeding.
You represent and warrant that you are at least 13 years old or visiting the Site under the supervision of a parent or guardian.
Subject to the Terms and Conditions of this Agreement, VibeSzn® and VibeSzn.com (VIBESZN) hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser, your phone, or any electronic device only for the purpose of sharing or shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests. You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
PRODUCT AVAILABILITY AND PRICING
Sometimes with the volume of orders we receive, we are unable to fulfill the order in the estimated time. If this happens, we will attempt to notify you of the delay. While we make every attempt to avoid delays, we do not guarantee delivery dates.
We are unable to offer post-order price matching or post sales prices because our prices are based on the best prices we are able to get for you at the time. Similarly, we cannot extend a sale once it has ended. We do not negotiate prices on our products and all our prices are final. Our prices are subject to change without notice. Items in your shopping cart will always reflect the most recent price displayed on the item's product detail page. This price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart doesn't reserve the price shown at that time.
VIBESZN coupon and/or promo codes are subject to expire without notice. VIBESZN will not accept expired coupons and/or promo codes even if they are linked from third party sites.
PROMOTIONS AND COUPONS
Coupons and/or Promo codes are applied to the full order in the cart and will be applied to:
- The original price of the items, or
- The original price of the item less the multi-level discount
Intermediate markdowns may have been removed in order to apply the multi-level discount to the full order. Coupons and/or Promo codes will not be applied to bundled items or premium gifts. Coupons and/or Promo codes may not be combined with any other offer and cannot be applied to sale items.
Data, including prices, might be inaccurately displayed on our Site due to system or typographical errors while we make every attempt to avoid these errors. We reserve the right to correct any and all errors when they do occur, and we do not honor inaccurate or erroneous prices. If a product's listed price is lower than its actual price, we will either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If your credit card or payment method has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to the account in the amount of the charge.
Free gifts are limited in quantity and subject to availability. VIBESZN reserves the right to substitute a comparable free gift, without notice, if the selected free gift is not available.
VIBESZN offers a 30-day exchange policy. You may exchange an item for another item of equal or lesser value within 30 days of the original shipping date if the following conditions are met.
- The item must be returned in a new and unworn condition.
- The item being exchanged must have the original tag still attached to the item. Removal of the tag voids the ability for the item to be exchanged.
- The item must be postmarked within 30 days of the original shipment date.
- Items that have been custom ordered, resized, updated and/or repaired do not qualify for a exchange.
- You are responsible for the return shipping cost and the goods are your responsibility until they reach our warehouse.
- Returns without a VIBESZN Return Merchandise Authorization will be refused upon receipt.
- Exchanges with missing paperwork or product will not be processed.
NOTE: Custom orders are non-returnable. This is fully disclosed prior to purchase.
Reviews and Comments
Anything that you submit or post to the Site, or to Customer Service, including but not limited to questions, comments, suggestions, ideas, plans, notes, photos, drawings, original or creative materials or other information and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and non-proprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove, or edit any Submissions (including comments or reviews) for any reason.
You agree to indemnify and hold harmless VIBESZN, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, and expenses arising out of or related to any Submissions you post, or submit, store or otherwise transmit on or through our Site or your use of or inability to use our Site, including without limitation any actual or threatened suit, demand or claim made against VIBESZN and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Submissions, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.
The Site and all text, graphics, button icons, images, audio clips, the VIBESZN logo, and software (collectively, "Content"), belongs exclusively to VIBESZN, or its affiliates. The collection, arrangement, ‘look and feel’ and assembly of all Content on this Site (the Arrangement) belongs exclusively to VIBESZN or its affiliates. All software, data and information used on this Site (the "Software") is the property of VIBESZN, its affiliates or its Software suppliers. The Content, the Arrangement and the Software are all protected by U.S. and international copyright laws. VIBESZN.COM, logos, slogans, trade names or words are registered trademarks, trademarks, or service marks of VIBESZN, its affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.
LINKS – THIRD PARTY CONTENT
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.
RISK OF LOSS
The risk of loss and title for items purchased by you pass to you upon our delivery of the item to the carrier. VIBESZN will not be responsible for lost or stolen items.
VIBESZN recommends obtaining 3rd party insurance against lost or theft for any item received.
TERMINATION AND EFFECT OF TERMINATION
Notwithstanding any of these Terms and Conditions, VIBESZN reserves the right, without notice and in its sole discretion, to terminate this Agreement and your license to use this site, and to block or prevent future your access to and use of the Site. VIBESZN may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations of the parties arising before the date of termination.
This site is created and controlled by VibeSzn and MoreAble, LLC. As such, the laws of the State of Missouri will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the State of Missouri and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of this site, any purchase from this site, or these Terms and Conditions.
Claims shall be heard by a single arbitrator. The place of arbitration shall be St. Louis, Missouri. The arbitration shall be governed by the laws of the State of Missouri without giving effect to any choice of law or conflict of law rules of the State of Missouri or of any other jurisdiction. Depositions shall be limited to a maximum of three per party and shall be held within twenty days of the making of a request. Additional depositions may be scheduled only with the permission of the arbitrators, and for good cause shown. Each deposition shall be limited to a maximum of seven hours duration. Time is of the essence for any arbitration under this agreement and arbitration hearings shall take place within ninety (90) days of filing and awards rendered within one hundred twenty (120) days. The Arbitrator shall agree to these limits prior to accepting appointment. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The prevailing party shall not be entitled to an award of attorney fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.
LIMITATION OF LIABILITY
Except as expressly provided to the contrary in writing by VIBESZN, this site, the products offered for sale on it and the transactions conducted through it are provided by us on an "as is" basis. We make no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site except as provided here and on the webpages to which that webpage links. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, noninfringement, title, quiet enjoyment, data accuracy and system integration. This site may include inaccuracies, mistakes, or typographical errors. We do not warrant that the content will be uninterrupted or error free. To the maximum extent permitted by law, we will not be liable for any damages of any kind arising from the use of this site, including, but not limited to indirect, incidental, punitive, exemplary, special, or consequential damages. To the maximum extent permitted by applicable law, our total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to us during the month immediately preceding the act allegedly giving rise to our liability.
This Site may be accessed from countries outside of the United States of America. This Site may contain products or services that are not available worldwide. Any such references do not imply that such products will be made available worldwide. If you access and use this Site, you are responsible for complying with your local laws and regulations.
GIFT CARD TERMS & CONDITIONS
- The VibeSzn Gift Card can only be used online at VibeSzn.com.
- Gift Cards will not be replaced or refunded if lost or stolen. Treat them like cash. VibeSzn and its affiliates are not responsible for lost or stolen Gift Cards.
- Gift Cards will not be returnable or exchangeable for cash, except in states where required by law.
- A Gift Card cannot be used to purchase Gift Cards.
- Purchase amounts that exceed the value of the tendered Gift Card will require a credit card or Paypal payment for the balance due.
- Your Gift Card will be emailed to the recipient after your order has been processed and payment taken.
- Your Gift Card will be emailed to the recipient email address you enter. Ensure the recipient email address is correct when you place your order. VibeSzn is not liable for delivery of a Gift Card to an incorrect or non-existent email address. The correct email address to where the Gift Card will be sent is the sole responsibility of the purchaser.
- Any returned items that were purchased with a Gift Card will be refunded as a VibeSzn credit to the Gift Card for you to use again in the future.
- For item(s) purchased with both a Gift Card and credit card or paypal account, you will be refunded on the credit card or paypal account up to the amount of your initial payment and the remaining amount will be refunded as a VibeSzn credit to the Gift Card for you to use again in the future.
- Your Gift Card must be used on the site in the currency in which it was purchased.
How to Obtain Your Balance
To obtain your balance on a VibeSzn Gift Card, please email VibeSzn customer service firstname.lastname@example.org. Please note that in most cases, the balance is adjusted immediately when you make a purchase, but there may be occasions when the updated balance is delayed for a period of time.
Expiration / Service Fees
VibeSzn Gift Cards do not expire, and we do not assess any service fees for non-use.
Compliance With Law
By purchasing VibeSzn Gift Cards, you are certifying and representing to VibeSzn and its affiliates that the activities in connection with which the Gift Cards will be used, comply with these Terms and Conditions and all applicable laws, rules and regulations, including the Terms and Conditions that govern the VibeSzn web site. In addition, you agree to defend and indemnify VibeSzn. and its affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the Gift Card(s) or violation of any of these Terms and Conditions.
Acceptance Of These Terms And Conditions
Your purchase or use of a Gift Card constitutes acceptance of these Terms and Conditions. These Terms and Conditions are subject to change without notice.