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Terms of service

We are WomSir LLC, doing business as applewatchbands.us and its affiliated brands (“Company,” “we,” “us,” “our”), Womsir LLC, the registered entity, owns and operates applewatchbands.us, a company registered in Hainault, Ilford, Essex, United Kingdom at Office 4738 58 Peregrine Road, IG6 3SZ.

We operate the website https://applewatchbands.us/  (the “Site”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).

You can contact us by phone at (+1) 331 222 3231, email at Info@applewatchbands.us, or by mail to Office 4738 58 Peregrine Road, Hainault, Ilford, Essex, IG6 3SZ, United Kingdom.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and WomSir LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.

We recommend that you print a copy of these Legal Terms for your records.

OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use only.

Your Use of Our Services

Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:

  • Access the Services; and
  • Download or print a copy of any portion of the Content to which you have properly gained access,

solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: Info@applewatchbands.us. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your Submissions

Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are Responsible for What You Post or Upload: By sending us Submissions through any part of the Services you:

  • Confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
  • To the extent permissible by applicable law, waive any and all moral rights to any such Submission;
  • Warrant that any such Submission is original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
  • Warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

USER REPRESENTATIONS

By using the Services, you represent and warrant that:

  1. All registration information you submit will be true, accurate, current, and complete;
  2. You will maintain the accuracy of such information and promptly update such registration information as necessary;
  3. You have the legal capacity and you agree to comply with these Legal Terms;
  4. You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services;
  5. You will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
  6. You will not use the Services for any illegal or unauthorized purpose; and
  7. Your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Services. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

PURCHASES AND PAYMENT

We accept the following forms of payment:

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. 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 payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

RETURN POLICY

Please review our Return Policy posted on the Services prior to making any purchases.

PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
  • Use any information obtained from the Services in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Services in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Services.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
  • Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Services.
  • Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

User Contributions

The Services do not offer users the ability to submit or post content. However, we may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services. This includes, but is not limited to, text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Services’ Privacy Policy.

Representations and Warranties

When you create or make available any Contributions, you represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
  • You have the written consent, release, and/or permission of each identifiable individual in your Contributions to use their name or likeness to enable inclusion and use of your Contributions as contemplated by the Services and these Legal Terms.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten (legally) any other person or to promote violence against a specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate or link to material that violates any provision of these Legal Terms or any applicable law or regulation.

Contribution License

You and Services agree that we may access, store, process, and use any information and personal data that you provide according to the Privacy Policy and your choices (including settings).

By submitting suggestions or feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any associated intellectual property rights. We are not liable for any statements or representations in your Contributions. You are solely responsible for your Contributions and agree to exonerate us from any responsibility and refrain from any legal action regarding your Contributions.

Guidelines for Reviews

We may provide areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria:

  1. You should have firsthand experience with the person/entity being reviewed.
  2. Your reviews should not contain offensive profanity, abusive, racist, offensive, or hateful language.
  3. Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
  4. Your reviews should not contain references to illegal activity.
  5. You should not be affiliated with competitors if posting negative reviews.
  6. You should not make any conclusions as to the legality of conduct.
  7. You may not post any false or misleading statements.
  8. You may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews at our sole discretion. We have no obligation to screen reviews or delete objectionable or inaccurate reviews. Reviews are not endorsed by us and do not necessarily represent our opinions or those of our affiliates or partners. We do not assume liability for any review or resulting claims, liabilities, or losses. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right to reproduce, modify, translate, transmit, display, perform, and/or distribute all content relating to the review.

Third-Party Websites and Content

The Services may contain links to other websites (“Third-Party Websites”) and articles, photographs, text, graphics, and other content from third parties (“Third-Party Content”). We are not responsible for the accuracy, appropriateness, or completeness of any Third-Party Websites or Third-Party Content. Inclusion of, linking to, or permitting the use of any Third-Party Websites or Third-Party Content does not imply approval or endorsement by us. If you access Third-Party Websites or use Third-Party Content, you do so at your own risk. We do not endorse the products or services on Third-Party Websites and are not liable for any harm or losses related to Third-Party Content or Third-Party Websites.

Services Management

We reserve the right to:

  1. Monitor the Services for violations of these Legal Terms.
  2. Take legal action against anyone who violates the law or these Legal Terms.
  3. Refuse, restrict access to, or disable any of your Contributions or any portion thereof.
  4. Remove excessive files and content that are burdensome to our systems.
  5. Manage the Services to protect our rights and property and ensure proper functioning.

Privacy Policy

We care about data privacy and security. Please review our Privacy Policy: https://applewatchbands.us/pages/privacy-policy . By using the Services, you agree to be bound by our Privacy Policy. The Services are hosted in the United kingdom. If you access the Services from another region, you consent to having your data transferred to and processed in the United kingdom.

Term and Termination

These Legal Terms remain in effect while you use the Services. We reserve the right to deny access to and use of the Services (including blocking IP addresses) for any reason, including breach of these Legal Terms or applicable laws. We may terminate your use or participation in the Services or delete your account and any posted content at any time, without notice, at our sole discretion.

Account Termination and Legal Action

Termination or Suspension of Account

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you are acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including civil, criminal, and injunctive redress.

Modifications and Interruptions

Changes to the Services

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

Service Availability

We cannot guarantee that the Services will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance. Nothing in these Legal Terms obligates us to maintain and support the Services or to supply any corrections, updates, or releases.

Governing Law

Applicable Law

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of California, applicable to agreements made and performed entirely within California, without regard to its conflict of law principles.

Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties cannot resolve a Dispute through informal negotiations, the Dispute (except those expressly excluded) will be resolved by binding arbitration. You understand that without this provision, you would have the right to sue in court and have a jury trial. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”). Arbitration fees and arbitrator compensation shall be governed by the AAA Consumer Rules and limited where appropriate. The arbitration may be conducted in person, by submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Arbitration will take place in California. Except as provided, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award.

If a Dispute proceeds in court rather than arbitration, it shall be commenced or prosecuted in the state and federal courts located in California. The Parties consent to personal jurisdiction and waive defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in those courts. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded.

Time Limit for Disputes

No Dispute related to the Services may be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, the Dispute shall be decided by a court of competent jurisdiction, and the Parties agree to submit to that court’s personal jurisdiction.

Restrictions

Any arbitration shall be limited to the Dispute between the Parties individually. No arbitration shall be joined with any other proceeding. There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures. There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

Exclusions

The following Disputes are not subject to informal negotiations or binding arbitration:

  1. Disputes seeking to enforce or protect, or concerning the validity of, any intellectual property rights of a Party.
  2. Disputes related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use.
  3. Claims for injunctive relief.

If this provision is found to be illegal or unenforceable, such Disputes shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction, and the Parties agree to submit to the personal jurisdiction of that court.

Corrections

There may be typographical errors, inaccuracies, or omissions in the Services, including descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to update the information on the Services at any time, without prior notice.

Disclaimer

General Disclaimer

The Services are provided on an “as-is” and “as-available” basis. Your use of the Services is at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties about the accuracy or completeness of the Services’ content or linked content and assume no liability for:

  1. Errors, mistakes, or inaccuracies of content and materials.
  2. Personal injury or property damage resulting from access to and use of the Services.
  3. Unauthorized access to or use of secure servers and personal or financial information.
  4. Interruptions or cessations of transmission to or from the Services.
  5. Bugs, viruses, or similar issues transmitted to or through the Services by third parties.
  6. Errors or omissions in content or materials or loss or damage incurred as a result of content use.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by third parties through the Services or any linked websites or applications. We are not responsible for monitoring transactions between you and third-party providers.

Limitations of Liability

General Limitation

In no event will we, or our directors, employees, or agents, be liable for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits, lost revenue, or loss of data arising from your use of the Services, even if advised of the possibility. Our liability will be limited to the amount paid, if any, by you to us. Certain state and international laws may not allow limitations on implied warranties or damages, so some disclaimers or limitations may not apply to you, and you may have additional rights.

Indemnification

You agree to defend, indemnify, and hold us and our subsidiaries, affiliates, officers, agents, partners, and employees harmless from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees, arising from:

  1. Your use of the Services.
  2. Breach of these Legal Terms.
  3. Breach of your representations and warranties.
  4. Violation of third-party rights, including intellectual property rights.
  5. Harmful acts toward other users of the Services.

We reserve the right to assume exclusive defense and control of any matter for which you are required to indemnify us and will use reasonable efforts to notify you of such claims.

User Data

We will maintain certain data you transmit to the Services for managing performance and related activities. Although we perform routine backups, you are solely responsible for your data. We have no liability for any loss or corruption of your data and you waive any right of action against us for such loss or corruption.

Electronic Communications, Transactions, and Signatures

Visiting the Services, sending emails, and completing online forms are considered electronic communications. You consent to receive electronic communications and agree that all agreements, notices, and other communications provided electronically satisfy any legal requirement for written communication. You agree to the use of electronic signatures, contracts, orders, and records, and to electronic delivery of notices and records of transactions. You waive any rights or requirements for original signatures or non-electronic records.

California Users and Residents

If you have a complaint not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

Miscellaneous

These Legal Terms and any posted policies constitute the entire agreement between you and us. Failure to exercise any right or provision does not constitute a waiver. These Legal Terms operate to the fullest extent permitted by law. We may assign our rights and obligations to others. We are not responsible for any loss or delay caused by factors beyond our control. If any provision is determined unlawful, void, or unenforceable, it is deemed severable, and the remaining provisions remain valid. No joint venture, partnership, or employment relationship is created. These Legal Terms will not be construed against us for drafting them. You waive any defenses based on the electronic form of these Legal Terms.

Contact Us

For complaints or further information regarding the Services, contact:

WomSir LLC
AppleWatchbands.us

Email: info@applewatchbands.us
Phone: (+1) 331 222 3231