Terms of Service
Shop Impact Theory Terms of Sales
Effective Date: 2/14/24
THESE TERMS OF SALE (“TERMS”) GOVERN YOUR SHOPPING EXPERIENCE, INCLUDING PURCHASE OF IMPACT THEORY PRODUCTS, FROM IMPACT THEORY SHOP (DEFINED BELOW), PLEASE READ THEM CAREFULLY.
PLEASE NOTE THAT YOUR USE OR AND ACCESS TO THE IMPACT THEORY SHOP (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; BY PURCHASING ANY IMPACT THEORY PRODUCT FROM IMPACT THEORY SHOP, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY THESE TERMS OF SALE. IF YOU DO NOT AGREE TO THE TERMS, YOU MUST (A) DISCONTINUE USING OR SHOPPING IN OUR IMPACT THEORY SHOP, (B) NOT MAKE A PURCHASE, AND/OR (C) RETURN ANY ELIGIBLE PURCHASE WITHIN THE APPLICABLE RETURN WINDOW.
- Impact Theory Shop. The Shop Impact Theory enables consumers to purchase a wide range of merchandise, including hoodies, shirts, journals and planners (collectively, “products”). Impact Theory itself is a mission-driven, modern media company designed to create positive change in people’s lives through the relentless creation of entertaining and empowering content. Our shop is hosted on Shopify, Inc. (“Shopify”). They provide us with online e-commerce platforms allowing us to sell our products and services to you. Shopify’s Terms of Service can be found here and are hereby incorporated by reference.
- Arbitration and Class Action Waiver. Please note that Section 21 contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have the dispute decided by a judge or jury, and you waive any right to participate in collective action, whether that be a class action, class arbitration, or representative action.
- Eligibility. Currently, you must be at least eighteen (18) years of age or older and live in the United States in order to use Shop Impact Theory. If you are under the age of 18, you are hereby expressly notified that you are not permitted to provide any information through Shop Impact Theory, for any purpose, including seeking information about our content, products and opportunities. We are not responsible for monitoring or seeking verification of user qualification or age. However, if we discover that a user is accessing Shop Impact Theory in violation of these Terms, we may immediately take action to terminate such access if possible. We are sorry for any inconvenience this may cause.
- Products. Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy (as described below). We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We exclusively reserve the right, but are not obligated, to limit, decline or reject any sales of our products to any person, geographic region or jurisdiction for any reason, without being liable for any damage or costs other than repayment of any amount received from you in relation to such sale. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We 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 Impact Theory Shop will be corrected.
- No Resale. Impact Theory Shop, including any consumer rights or policies offered in Impact Theory Shop, are intended solely for the benefit of end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of product by someone who intends to resell the product to others (consumers, businesses or any third party). If Impact Theory Shop determines that a purchase or order is intended for resale, Impact Theory reserves the right, in its sole discretion, and as it relates to such purchase or order, to (a) suspend the application of any Impact Theory policy that provides a right or benefit intended for direct to consumer purchases; and (b) take any action to hinder such purchase or order (and deter future purchases or orders), including without limitation, to restrict sales to any consumer, consumer account, or member account, cancel orders, charge restocking fees, impose purchase quantity limits, decline to issue refunds or take returns, deny access to Impact Theory Shop, and/or suspend or close any account.
- Payment. You can find the list of acceptable payment methods at Impact Theory Shop. We reserve the right to change the payment options we offer at any time and for any reason. Payment must be received by us before our acceptance of an order. When you provide credit card information or other information necessary to facilitate payment for your order, you represent that (a) you are the authorized user of the credit card that is used to pay for our products, (b) the credit card information you supply is true, correct and complete, (c) charges incurred by you will be honored by your credit card company, and (d) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any. In the event legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. Credits or refunds will be made to the same method of payment and account used to place the order or can be issued as store credit if you select that option.
- Price. The product prices displayed on products, packaging, signage, or otherwise posted within the Impact Theory Shop do not include sales tax. Shipping rates and handling costs will be added to the amount of your purchase and itemized on the check-out page. Prices for our products are subject to change without notice. You will have an opportunity to review taxes and delivery costs before you confirm your purchase. Each item in your shopping bag is shown at the current price. We reserve the right at any time to modify or discontinue the product (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 Impact Theory Shop.
- Accuracy of Billing and Account Information. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
- Shipping and Delivery. We can only fulfill an order to a valid delivery address which is a home or office address within a country that can be selected for billing and shipping addresses as part of the checkout process. We do not take responsibility for customs fees. International shipments may incur customs fees. For each country the customs policy is different, and the fee is usually based on a variety of factors like weight, value, and size. Orders within the United States by USPS have full tracking available. For international orders, full tracking will only be available for orders sent through International Priority, which costs a bit more. If your order doesn't arrive, be sure to let us know! First, check your shipping confirmation and check that you had entered the correct address. If the address was incorrect, though we'd be happy to send you another order to the correct address, it will have to be at your cost. If the shipping address was correct, get in touch with us at email@example.com noting your order number. We'll re-send your order on us! For more details please refer to our Shipping/FAQs page.
- Returns. If you're unhappy with the size you've received, first check that the size stated on the garment matches the size stated on the sizing chart. Though rare, it's possible that the garment was mislabelled. Let us know and we'll get you sorted out. If you'd like a different size, get in touch with us at firstname.lastname@example.org and we'll let you know what your next steps are. We offer a 7 Day Hassle FREE Returns if you’re unsatisfied with your item. Please contact us at email@example.com. The last thing we want is for you to be stuck with a damaged item. We offer 30 days FREE Returns/Exchanges for any defected items from us. Additional information can be found on our Shipping/FAQs page.
- Refund Policy. The Impact Theory Money-Back Guarantee covers the price of your purchase. Customers must contact our support department at firstname.lastname@example.org for a refund. Once a return is received or a valid refund request submitted, the refund process will take no more than 30 days. All refunds will be either returned to the original credit card, or PayPal orders will be credited back to the PayPal account. You have 30 days from the date of the original purchase to request your refund. Any refund request received after this time will not be processed.
- Proprietary Rights. We solely own and control all copyright and intellectual property rights in Impact Theory or have received the permission to use them from other third parties. All trademarks, service marks and trade names of Impact Theory used in the Impact Theory Shop are trademarks or registered trademarks of Impact Theory. We do not grant any license or other authorization to any user of our trade names, trademarks, service marks or other marks or logos, or those of our partners, without our separate express written agreement. Third-party marks are the property of their respective owners.
- Indemnification. To the fullest extent permissible by applicable law, you agree to indemnify, defend, and hold harmless Impact Theory, its affiliates, officers, directors, employees, agents, licensors and suppliers (the “Impact Theory Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating to your conduct in connection with Impact Theory Shop or with other Impact Theory Shop users or consumers, or any violation of these Term, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the Impact Theory Parties from any and all claims or causes of action you may have for damages arising from or relating to your conduct in connection with Impact Theory Shop or with other Impact Theory Shop users or consumers, or any violation of these Terms, any law or the rights of any third party.
- Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL IMPACT THEORY OR ITS PARTNERS AND AFFILIATES AND THEIR RESPECTIVE OWNERS, MEMBERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, SUCCESSORS, AND ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, EVEN IF WE OR THEY HAVE BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THIS WEBSITE, THE CONTENT OR PRODUCTS, ANY THIRD PARTY MATERIALS OR PRODUCTS AVAILABLE OR SOLD ON OR THOUGH THIS WEBSITE, OR ANY LINKS OR ITEMS ON THIS WEBSITE OR ANY PROVISION OF THE TERMS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ANY CASE, THE ENTIRE LIABILITY OF IMPACT THEORY AND AFFILIATES AND LICENSORS UNDER THESE TERMS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS LIMITED TO TWENTY-FIVE DOLLARS ($25).
- Disclaimer of Warranty. IMPACT THEORY PROVIDES ACCESS TO IMPACT THEORY SHOP “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT ON ALL USES AND/OR PURCHASES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, (A) IMPACT THEORY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCT. IMPACT THEORY FURTHER DISCLAIMS ANY WARRANTIES EXPRESS OR IMPLIED AS TO THE ACCURACY OR COMPLETENESS OF EACH PRODUCT INCLUDING, WITHOUT LIMITATION, PRICING, QUANTITY AND SIZING; (B) IMPACT THEORY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION POSTED AT IMPACT THEORY SHOP IS ACCURATE, COMPLETE, OR CURRENT OR THAT IMPACT THEORY SHOP WILL OPERATE WITHOUT INTERRUPTION, WITHOUT ERROR OR WITHOUT DEFECTS, BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS; AND (C) THE FOREGOING DISCLAIMER OF WARRANTY IS ENFORCEABLE TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW AND DOES NOT APPLY TO ANY PRODUCT OR MANUFACTURER WARRANTY EXPRESSLY OFFERED BY IMPACT THEORY AND/OR ANY THIRD-PARTY MANUFACTURER OF MERCHANDISE.
Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in these Terms will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
If you feel that a posted message is objectionable or infringing, Impact Theory encourages you to contact Impact Theory immediately.
If you believe that any content appearing on this website has been copied and posted using this website in a way that constitutes copyright infringement, please provide a written communication containing the following information to the Copyright Agent named below:
- Your name, address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- The exact URL or a description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The designated Copyright Agent to receive notification of a claimed infringement under Title II of the Digital Millennium Copyright Act is: email@example.com or 9595 Wilshire Blvd., Suite 900, Beverly Hills, CA 90212.