Terms of service
Terms of Service
Last Updated: [DATE]
Welcome to [COMPANY NAME] ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website [WEBSITE URL] (the "Site"), our products, and any related services (collectively, the "Services"). By accessing or using the Site, placing an order, or creating an account, you agree to be bound by these Terms. If you do not agree, do not use the Site.
1. Eligibility
You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Site or purchase any product. By using the Site, you represent and warrant that you meet this requirement and have the legal capacity to enter into a binding agreement.
2. Account Registration
You may be required to create an account to access certain features. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for safeguarding your password and for all activity under your account. We are not liable for any loss or damage from your failure to protect your account credentials.
3. Products, Pricing, and Availability
All product descriptions, images, and prices are subject to change without notice. We reserve the right to limit quantities, refuse or cancel any order, correct pricing errors, and discontinue any product at any time. Colors, sizes, and finishes may vary slightly from images shown. We do not guarantee that any product description is accurate, complete, reliable, current, or error-free.
4. Orders and Payment
By placing an order, you make an offer to purchase the product(s) subject to these Terms. All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order for any reason, including suspected fraud, pricing errors, or product unavailability. Payment must be received in full before an order is processed. You authorize us (and our payment processors) to charge your selected payment method for the total order amount, including taxes and shipping.
5. Shipping and Delivery
Estimated shipping and delivery times are provided as guidelines only and are not guaranteed. We are not responsible for delays caused by carriers, customs, weather, or other circumstances beyond our control. Risk of loss and title for products pass to you upon our delivery of the products to the carrier. You are responsible for providing accurate shipping information; we are not liable for orders shipped to incorrect addresses provided by you.
6. Returns and Refunds
Returns and refunds are governed by our Refund Policy, which is incorporated into these Terms by reference. Unless otherwise stated, items must be returned within [X] days of delivery in their original condition. Certain items may be non-returnable. Refunds, when issued, are returned to the original payment method and may take several business days to appear.
7. Promotions, Discounts, and Subscriptions
Promotional offers, discounts, and coupon codes are subject to terms stated at the time of the offer and may be modified or revoked at any time. If you enroll in any subscription or recurring billing program, you authorize us to charge your payment method on a recurring basis until you cancel in accordance with the cancellation instructions provided.
8. User Content
You may submit reviews, comments, photos, or other content ("User Content"). By submitting User Content, you grant us a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media. You represent that you own or have the right to submit the content and that it does not violate any third party's rights or any law.
9. Intellectual Property
All content on the Site — including text, graphics, logos, images, product designs, audio, video, and software — is the property of [COMPANY NAME] or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, sell, or otherwise exploit any content without our express prior written permission.
10. Prohibited Uses
You agree not to:
- Use the Site for any unlawful purpose or in violation of these Terms
- Infringe on the intellectual property or other rights of any third party
- Submit false, misleading, or fraudulent information
- Upload viruses, malware, or any malicious code
- Attempt to gain unauthorized access to the Site, other accounts, or our systems
- Use any automated means (bots, scrapers, crawlers) to access the Site without our written permission
- Resell, redistribute, or commercially exploit any product or content from the Site without authorization
- Harass, abuse, or harm another person through the Site
- Interfere with the proper functioning of the Site
11. Third-Party Links and Services
The Site may contain links to third-party websites or services that are not owned or controlled by us. We are not responsible for the content, policies, or practices of any third party. Your interactions with third parties are solely between you and that third party.
12. Disclaimers
THE SITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
Any statements about products, including statements about health, wellness, or expected results, are for informational purposes only and have not been evaluated by any regulatory authority unless expressly stated. Our products are not intended to diagnose, treat, cure, or prevent any disease. Consult a qualified professional before using any product if you have a medical condition, are pregnant or nursing, or are taking medication. Individual results may vary.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [COMPANY NAME], ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR ANY PRODUCT, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
14. Indemnification
You agree to defend, indemnify, and hold harmless [COMPANY NAME] and its owners, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Site or any product; (b) your violation of these Terms; (c) your violation of any third-party right; or (d) any User Content you submit.
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in Los Angeles County, California, and you consent to the jurisdiction of such courts.
16. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.
Any dispute, claim, or controversy arising out of or related to these Terms, the Site, or any product shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be held in Los Angeles County, California, or by video/telephone at your option. Judgment on the award may be entered in any court of competent jurisdiction.
Class Action Waiver. You and we agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding.
Exceptions. Either party may bring an individual action in small claims court, and either party may seek injunctive or equitable relief in court to protect intellectual property rights.
Opt-Out. You may opt out of arbitration by emailing us at [EMAIL] within 30 days of first agreeing to these Terms, with the subject line "Arbitration Opt-Out" and your name and order details.
17. Modifications to Terms
We may modify these Terms at any time by posting the revised version on the Site with an updated "Last Updated" date. Changes are effective when posted. Your continued use of the Site after changes are posted constitutes acceptance of the modified Terms. We encourage you to review these Terms periodically.
18. Termination
We may suspend or terminate your access to the Site at any time, with or without notice or cause, including for violation of these Terms. Upon termination, your right to use the Site immediately ceases. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution) shall survive.
19. Severability and Waiver
If any provision of these Terms is found unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force. Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.
20. Entire Agreement
These Terms, together with our Privacy Policy, Refund Policy, and any other policies referenced herein, constitute the entire agreement between you and us regarding the Site and supersede all prior agreements and understandings.
21. Assignment
You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms at any time without notice.
22. Contact
Questions about these Terms? Contact us at:
[COMPANY NAME] [MAILING ADDRESS] Email: [SUPPORT EMAIL]
This template is provided for general informational purposes and does not constitute legal advice. We recommend having an attorney review and customize these Terms before publishing them, particularly to address jurisdiction-specific requirements (CCPA/CPRA, FTC endorsement guidelines, auto-renewal laws like California's ARL, state-specific consumer protection laws, and any regulated product categories such as supplements or health-related claims).