Terms of Use

OVERVIEW

This website (the “Site”) is operated by Rayality LLC, doing business as The Best Revenge (the “Company”). Throughout the Site, the terms “we,” “us,” and “our” refer to the Company.  The Company offers this Site, including all information, tools, and products available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated or hyperlinked to in these Terms of Use, the FAQ, or elsewhere on the Site (collectively, the “Terms”).

By visiting the Site and/or purchasing something from us you agree to be bound by the Terms, which apply to all users of the Site, including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

Please read these Terms carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our 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 store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products to you. 

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your use of the Site.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site, use of the Site, or access to the Site, or any contact on the Site, without express written permission by us.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Site is not accurate, not complete, or not current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

SECTION 4 - MODIFICATIONS TO THE SITE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Site (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 Site.

SECTION 5 - PRODUCTS

Certain products may be available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only according to our return policy as set forth in the FAQ.

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 or device’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products 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 that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, in our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on this Site is void where prohibited.

We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Site will be corrected.

Products, price, and availability information are subject to change at any time without notice.

SECTION 6 - 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.

The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell.  The Company reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer.   Verification of information may be required prior to the acceptance of any order.

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 7 – THIRD-PARTY TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or 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. We shall have no liability whatsoever arising from or relating to your use of any third-party tools.

Any use by you of any 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 products, resources, and/or features through the Site. Such new products, resources, and/or features shall also be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

Certain content and products available via our Site may include materials from third parties.

Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and 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.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, delete, distribute, translate, and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation to (a) maintain any Comments in confidence; (b) pay compensation for any Comments; or (c) respond to any Comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your Comments will not violate any rights of any third party, including, without limitation, copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, availability, or other matters. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information on the Site, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site should be taken to indicate that all information on the Site has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions set forth in the Terms, you are prohibited from using the Site or its content (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, state, or local regulations, rules, laws, or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site, other websites, or the internet. We reserve the right to terminate your use of the Site for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Site will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable.

You agree that from time to time we may remove the Site for indefinite periods of time or cancel the Site at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all products delivered to you through the Site are provided “as-is” and “as-available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including, without limitation, any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, or non-infringement.

In no case shall the Company, our members, managers, officers, employees, affiliates, agents, representatives, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind (collectively, “Claims”), including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar or other damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from or relating to your use of the Site or any products procured using the Site, or for any other Claims related in any way to your use of the Site or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or any content (or product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the 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.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, our members, managers, officers, employees, affiliates, agents, representatives, contractors, interns, suppliers, service providers, and licensors from any claim or demand, including, without limitation, for reasonable attorneys’ fees, made by any third party arising out of or relating to your use of this Site or your breach of these Terms, or your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, invalid, or unenforceable, such provision shall nonetheless be lawful, valid, and enforceable to the fullest extent permitted by applicable law, and the unlawful, invalid, or unenforceable portion shall be deemed to be severed from these Terms, and such determination shall not affect the lawfulness, validity, and enforceability of the remaining provisions.

SECTION 16 - TERMINATION

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Site, or when you cease using our Site.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

In our sole discretion, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination and we may deny you access to our Site (or any part thereof).

SECTION 17 - INTELLECTUAL PROPERTY

Except as otherwise indicated, all information and content used or on the Site (the “Content”), including, without limitation, the design of the Site and information, text, graphics, images, illustrations, logos, designs, icons, photographs, video clips, and written or other materials, software, and all HTML, CGI, and other codes and scripts in any format, are the property of the Company, its merchandise suppliers, or its licensors. The overall design and appearance of this Site is the proprietary trade dress of the Company.

The Content of this Site is for personal use only. Permission is granted to electronically copy and to print in hard copy portions of this Site for the sole purpose of placing an order with the Company. You may not copy, modify, upload, download, transmit, (re)publish, create derivative works from, sell, re-sell or otherwise distribute, or exploit any Content from the Site except as expressly permitted by these Terms. Doing so will violate the Company’s copyright, trademark, and/or other proprietary rights.

All Content on the Site is protected by United States copyright, trademark, and/or other laws and applicable international treaties and conventions governing intellectual property law. Any and all of the Company’s trademarks, logos, page headers, custom graphics, button bars, service marks, and trade names which the Company uses in connection with the Site shall remain the exclusive property of the Company. Nothing contained in the Terms shall be deemed to give you any rights in or to any trademarks or other intellectual property of the Company. All other trademarks, product names, company names or logos, and intellectual property cited on the Site are the property of their respective owners.

SECTION 18 - PROMOTIONAL OFFERS, CONTESTS, AND SWEEPSTAKES

The Company reserves the right to cancel any transaction due to unauthorized, altered, fraudulent, or ineligible use of discounts and, at any time, to modify or cancel any promotion due to system error, unforeseen problems, or otherwise. Please read the official rules that may accompany each promotion, offer, coupon, discount, contest, and/or sweepstakes. Promotional offers and discounts do not apply to gift cards, shipping and handling, or taxes. Discounts will appear upon checkout and may or may not be eligible to be combined with any other offers or discounts. Special offers, coupons, or discounts cannot be used in conjunction with other offers unless specifically stated in offer official rules.

SECTION 19 - TRADEMARKS

The Best Revenge is a registered trademark in the United States. The Company’s trademarks may not be used without the Company’s express written permission and specifically should not be used in connection with any product or service that is not identifiable as belonging to the Company, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company.  Any rights not expressly granted herein are reserved.

SECTION 20 - ENTIRE AGREEMENT

These Terms and any policies or operating rules posted by us on this Site or in respect to the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

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

SECTION 21 - GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of California, without regard to any conflicts-of-laws principles. 

SECTION 22 - JURISDICTION AND VENUE

You hereby consent to the exclusive jurisdiction and venue of courts in Orange County, California, U.S.A., in all disputes arising out of or relating to the use of the Site. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of these Terms.

SECTION 23 - CONTACT INFORMATION

Questions about the Terms should be sent to us at thbstrvng@gmail.com.