TERMS OF SERVICE

 

SUMMARY

Welcome to www.theurbanyou.com website (the "Site"). This website is operated by Urban You, LLC. Throughout the

Site, the terms “we”, “us” and “our” refer to Urban You, LLC. Urban You offers this website, including all information, tools

and services available from this site to you, the user, conditioned on your acceptance without modification of all terms,

conditions, policies and notices contained hereto (the "Terms", "Terms of Service").

 

By visiting our Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by all such

Terms of Service, including those additional terms and conditions and policies referenced herein and/or available by

hyperlink. These Terms of Service apply to all users of the Site.

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the

Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this

agreement, then you may not access the website or use any services.

 

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes

to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site

following the posting of any changes constitutes acceptance of those changes.

Our online store is hosted on MINDBODY, Inc. They provide us with the online e-commerce platform that allows us to sell

our products and services to you.


SECTION 1 – PRIVACY

Your use of our Site is subject to Urban You's Privacy Policy. Please review our Privacy Policy, which also governs the

Site and informs users of our data collection policies.

 

SECTION 2 – ELECTRONIC COMMUNICATIONS

Visiting the Site or sending emails to Urban You constitutes electronic communications. You consent to receive electronic

communications and you agree that all agreements, notices, disclosures and other communications that we provide to you

electronically, via emails and on the Site, satisfy any legal requirement that such communications be in writing.

 

SECTION 3 – YOUR ACCOUNT

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting

access to your computer, and you agree to accept responsibility for all activities that occur under your account or

password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that

Urban You is not responsible for third party access to your account that results from theft or misappropriation of your

account. Urban You and its associates reserve the right to refuse or cancel services, terminate accounts, or remove or

edit content at our sole discretion.

 

If you are under the age of eighteen, you must ask your parent or guardian for permission to use this website. If you are a

parent and you have questions regarding our data collection practices, please contact us using the information provided at

the end of these Terms of Service. If you are under 18, you may use www.theurbanyou.com only with the permission of a

parent or guardian.

 

SECTION 4 - PERSONAL INFORMATION

Your submission of personal information through this Site is governed by our Privacy Policy.

 

SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES

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.

 

SECTION 6 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may

have limited quantities and are subject to return or exchange only according to our Return Policy. We reserve the right, but

are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may

exercise this right on a case-by- case basis. We reserve the right to limit the quantities of any products or services that we

offer. All descriptions of products or product pricing are subject to change at anytime 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.

 

SECTION 7 - 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 email 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.

 

SECTION 8 – LINKS TO THIRD PARTY SITE AND THIRD PARTY SERVICES

The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Urban You and

Urban You is not responsible for the contents or accuracy of any Linked Site, including without limitation any link contained

in a Linked Site, or any changes or updates to a Linked Site. We do not warrant and will not have any liability or

responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

Urban You is providing these links to you only as a convenience, and the inclusion of any link does not imply

endorsements by Urban You of the site or any association with its operators. Please review carefully the third-party's

policies and practices and make sure you understand them before you engage in any transaction.

Certain services made available via www.theurbanyou.com are delivered by third party sites and organizations. By using

an product, service or functionality originating from the www.theurbanyou.com domain, you hereby acknowledge and

consent that Urban You may share such information and data with any third party with whom Urban You has a contractual

relationship to provide the requested product, service or functionality on behalf of www.theurbanyou.com users and

customers.

 

Urban You may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties,

representations or conditions of any kind and without any endorsement. Urban You shall have no liability whatsoever

arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is

entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which

tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features

through the Site (including, the release of new tools and resources). Such new features and/or services shall also be

subject to these Terms of Service.

 

SECTION 9 – NO UNLAWFUL OR PROHIBITED USES

You are granted a non-exclusive, non-transferrable, revocable license to access and use www.theurbranyou.com strictly in

accordance with these Terms of Service. As a condition of your use of the Site, you warrant to Urban You that you will not

use the Site for any purpose that is unlawful or prohibited by these Terms.  You may not use the Site in any manner which

could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.

You may not obtain or attempt to obtain any materials or information through any means not intentionally made available

or provided for through the Site.

 

Urban You reserves the right to terminate your use of the Service or any related website if you use the Site for any

purpose that is unlawful or prohibited by these Terms.

 

SECTION 10 –INTELLECTUAL PROPERTY

All content included as part of the Terms of Services, such a text, graphics, logos, images, as well as the compilation

thereof, and any software used on the Site, is the property of Urban You or its suppliers and protected by copyright and

other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and

other proprietary notices, legends or other restrictions contained in any such content and will not make any changes

thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any

way exploit any of the content, in whole or in part, found on the Site. Urban You content is not for resale. Your use of the

Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or

alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal

use, and will make no other use of the content without the express written permission of Urban You and the copyright

owner. We do not grant you any licenses, express or implied, to the intellectual property of Urban You or our licensors

except as expressly authorized under these Terms.

 

SECTION 11 – USE OF COMMUNICATION SERVICES

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages,

calendars, and/or other message or communication facilities designed to enable you to communicate with the public at

large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post,

send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame,

abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or

unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual

property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all

necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may

damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business

purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests,

pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or

reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or

other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a

file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any

code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or

otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or

regulations.

 

Urban You has no obligation to monitor the Communication Services. However, Urban You reserves the right to review

materials posted to a Communication Service and to remove any materials in its sole discretion. Urban You reserves the

right to terminate your access to any or all of the Communication Services at any time without notice for any reason

whatsoever.

 

Urban You reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation,

legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in

part, in Urban You's sole discretion.

 

Always use caution when giving out any personally identifying information about yourself or your children in any

Communication Service. Urban You does not control or endorse the content, messages or information found in any

Communication Service and, therefore, Urban You specifically disclaims any liability with regard to the Communication

Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not

authorized Urban You spokespersons, and their views do not necessarily reflect those of Urban You.

 

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or

dissemination. You are responsible for adhering to such limitations if you upload the materials.

 

SECTION 12 – MATERIALS PROVIDED TO WWW.THEURBANYOU.COM OR POSTED ON ANY URBAN YOU WEB PAGE

Urban You does not claim ownership of the materials you provide to www.theurbanyou.com (including feedback and

suggestions) or post, upload, input or submit to the Site or our associated services (collectively "Submissions".) However,

by posting, uploading, inputting, providing or submitting your Submission you are granting Urban You, our affiliated

companies and necessary sublicensees permission to use your Submission in connection with the operation of their

Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform,

reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Urban You is under no

obligation to post or use any Submission you may provide and may remove any Submission at any time in Urban You's

sole discretion.

 

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or

otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights

necessary for you to provide, post, upload, input or submit the Submissions.

 

SECTION 13 – THIRD PARTY ACCOUNTS

You will be able to connect your Urban You account to third party accounts. By connecting your Urban You account to your

third party account, you acknowledge and agree that you are consenting to the continuous release of information about

you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you

to be shared in this manner, do not use this feature.

 

SECTION 14 – INTERNATIONAL USERS

The Service is controlled, operated and administered by Urban You from our offices within the USA. If you access the

Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not

use the Urban You Content accessed through www.theurbanyou.com in any country or in any manner prohibited by any

applicable laws, restrictions or regulations.

 

SECTION 15 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Urban You, its managers, members, officers, directors, interns,

employees, agents, contractors, service providers, subcontractors, and suppliers, for any losses, costs, liabilities and

expenses (including reasonable attorneys fees) relating to or arising out of your use of or inability to use the Site or

Services, any user posting made by you, your violation or breach of these Terms of Service, the documents they

incorporate by reference or your violations of the rights of a third party, or your violation of any applicable laws, rules or

regulations. Urban You reserves the right, at its own cost, to assume the exclusive defense and control of any matter

otherwise subject to indemnification by you, in which even you will fully cooperate with Urban You in asserting any

available defenses.

SECTION 16 – LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE

SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO

THE INFORMATION HEREIN. URBAN YOU, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR

CHANGES IN THE SITE AT ANY TIME. URBAN YOU, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS

ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,

SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,

PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS"; WITHOUT WARRANTY OR

CONDITION OF ANY KIND. URBAN YOU, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES

AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED

GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL URBAN YOU, LLC AND/OR

ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL

DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF

USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF

THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR

FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND

RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE,

WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF URBAN

YOU, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE

SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR

CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE

LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR

SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

SECTION 17 - TERMINATION

Urban You reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any

portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the

laws of the State of Michigan and you hereby consent to the exclusive jurisdiction and venue of courts in Michigan in all

disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give

effect to all provisions of these Terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Urban You as a

result of this agreement or use of the Site. Urban You's performance of this agreement is subject to existing laws and legal

process, and nothing contained in this agreement is in derogation of Urban You's right to comply with governmental, court

and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by

Urban You with respect to such use. If any part of this agreement is determined to be unlawful, invalid, void or

unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set

forth above, then unlawful, valid, void or unenforceable provision will be deemed superseded by a valid, enforceable

provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue

in effect.

 

The failure of Urban You to exercise or enforce any right or provision of these Terms of Service shall not constitute a

waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in

respect to the Service constitutes the entire agreement between the user and Urban You with respect to the Site and it

supersedes all prior or contemporaneous agreements, communications and proposals, whether electronic, oral or written,

between the user and Urban You with respect to the Site (including, but not limited to, any prior versions of the Terms of

Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or

administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions

as other business documents and records originally generated and maintained in printed form. It is the express wish to the

parties that this agreement and all related documents be written in English.

 

SECTION 18 - CHANGES TO TERMS OF SERVICE

Urban You reserves the right, in its sole discretion, to change the Terms under which www.theurbanyou.com is offered.

The most current version of the Terms will supersede all previous versions. Urban You encourages you to periodically

review the Terms to stay informed of our updates. Your continued use of or access to our website or the Service following

the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 19 – CONTACT US

Urban You welcomes your questions or comments regarding these Terms of Service:

Urban You, LLC

PO Box 1088

Ada, MI 49301

Email Address:

hello@theurbanyou.com