Terms and Conditions

Terms and Conditions

Acceptance of Terms and Conditions and Amendments

Each time you use or cause access to this website, you agree to be bound by the Terms and Conditions listed below, as amended from time to time with or without notice. In addition, if you are using a particular service on or through this website, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms and Conditions. Please see our Privacy Policy, which is incorporated into these Terms and Conditions by reference. Subject to these terms and conditions we grant to you, strictly for your use pursuant to these terms and conditions, a non-exclusive, non-transferable and non-sublicensable license to use the service solely for your own use and in accordance with our terms and conditions.

Our Service

Our website, services and content (“Services”) are provided to you on and through our website on an “as is” basis. You agree that the owners of this website exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this website and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy or improper delivery of any data or information.

FunWithRockets LLC owns and retains all right, title, and interest in and to the website, content and services and their derivative works. You are not obligated to provide FunWithRockets LLC with any suggestions or feedback about the products or services (“Feedback”). To the extent you do provide Feedback to FunWithRockets LLC, you assign ownership of such Feedback to FunWithRockets LLC and FunWithRockets LLC may use and modify such Feedback without any restriction or payment.

Your Responsibilities and Registration Obligations

In order to use this service, you must register and agree to provide truthful information when requested. These terms and conditions govern your rights and obligations in using our service, and in registering, you create a binding contract and explicitly agree to our Terms and Conditions, which may be modified by us from time to time and available here. If you register on behalf of a company or any other person or entity, you represent and warrant that you have full authority to bind such company, person or other entity to these terms and conditions. You are responsible for all actions that violate these terms and conditions and agree that any breach by any user pursuant to your password, registration or login is a breach by you and any person, company or other entity on whose behalf you have registered.

Privacy Policy

Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy.

Registration and Password

You are responsible to maintain the confidentiality of your password and shall be solely responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. We shall not be in any manner responsible for any unauthorized uses via your registration and/or login. You agree to immediately notify us of any unauthorized use or your registration, user account or password.

Your Conduct

You agree that our website may expose you to content that may be objectionable or offensive. We shall not be responsible to you in any way for the content that appears on this website nor for any error or omission. You explicitly agree, in using this website or any service provided, that you shall not:

  1.     Provide any content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this website or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
  2.     Impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
  3.     Collect or harvest any data about other users;
  4.     Provide or use this website and any content in a manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
  5.     Provide any content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to intellectual property including but not limited to copyright, trademark, patent, or trade secrets;
  6.     Infringe on any copyrights or intellectual property rights.
Third Party Services

Goods and services of third parties may be advertised and/or made available on or through this website. Representations made regarding products and services provided by third parties are governed solely by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties or for any damage, injury or loss you may suffer thereby, regardless of the basis for such loss and any resulting claim, including but not limited to contract, statute, tort, including negligence, strict liability or any other basis.

Indemnification

You agree to indemnify and hold us harmless, including our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders (“Affiliates”) from any claim or demand, including reasonable legal fees, that may be made by any third party, that is arising out of or related to your conduct or connection with this website or service, your violation of these Terms and Conditions, your further use or publication of any information derived through your use of the Services or any other violation of law or regulation or the rights of another person or party. You shall, at your own expense and cost, (i) defend or settle any claim brought against us or our Affiliates by an unaffiliated third party alleging that your data or information derived through your access to and use of our Services infringes or violates a third party’s intellectual property or privacy rights or causes any other damage, injury or loss of any kind or in any manner including through contract, statute, tort (including negligence), regulation or strict liability; and (ii) pay, indemnify and hold harmless us and our Affiliates from any settlement of such claim or any damages finally awarded to such third party by a court or other tribunal of competent jurisdiction as a result of such claim.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND ANY SERVICES OR CONTENT PROVIDED IS MADE AVAILABLE AND PROVIDED TO “AS-IS” AND AT YOUR AT YOUR OWN RISK AND WE PROVIDE NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESSED, SPECIFICALLY INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, WE MAKE NO WARRANTY THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND, WHETHER FOUNDED IN CONTRACT, STATUTE, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR ON ANY OTHER BASIS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR YOUR INDEMNIFICATION OR PAYMENT OBLIGATIONS UNDER THESE TERMS AND CONDITIONS, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SUBJECT MATTER HEREOF (UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT , STATUTE, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) FOR: (a) ANY LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOST DATA, OR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES OR SUCH DAMAGES OR LOSSES WERE REASONABLY FORESEEABLE, OR (b) AN AMOUNT THAT EXCEEDS THE TOTAL FEES PAID OR PAYABLE TO US FOR THE SERVICES DURING THE [[TWELVE-MONTH PERIOD]] BEFORE THE EVENT GIVING RISE TO SUCH LIABILITY. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SPECIFIED IN THESE TERMS AND CONDITIONS. MULTIPLE CLAIMS SHALL NOT EXPAND THE LIMITATIONS SPECIFIED IN THIS SECTION 10. THE FOREGOING SHALL ADDITIONALLY APPLY TO:

  1.     Your use of or the inability to use the Service;
  2.     Your cost to obtain substitute goods and/or services resulting from any transaction entered into on or through this Service;
  3.     Unauthorized access to or alteration of your data transmissions;
  4.     Statements of conduct of any third party on the Service, or;
  5.     Any other matter relating to the Service.
Reservation of Rights

We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our website, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our website or service without our prior written consent.

Applicable Law
  1. These terms and conditions, and the rights and duties of the parties arising from them, shall be governed by, construed, and enforced in accordance with the laws of the State of Florida, excluding its conflicts-of-law principles. The sole and exclusive jurisdiction and venue for actions arising under this these terms and conditions shall be state and federal courts in Florida, and the parties agree to service of process in accordance with the rules of such courts. The Uniform Computer Information Transactions Act and the United Nations Convention on the International Sale of Goods shall not apply.
  2. Waiver of Jury Trial. Each Party acknowledges and agrees that any controversy that may arise under these terms and conditions, including any exhibits, schedules, attachments attendant to these terms and conditions, is likely to involve complicated and difficult issues and , therefore, each Party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to this these terms and conditions, including any exhibits, schedules, attachments and appendices attendant to these terms and conditions, or the transactions contemplated hereby. Each Party certifies and acknowledges that (a) no Representative of the other Party has represented, expressly or otherwise, that the other Party would not seek to enforce the foregoing waiver in the event of a legal action, (b) it has considered the implications of this waiver, (c) it makes this waiver voluntarily, and (d) it has been induced to enter into these terms and conditions by, among other things, the mutual waivers and certifications in this Section 14B.
Miscellaneous Information

In the event that these Terms and Conditions conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms and Conditions will remain valid and intact;

The failure of either party to assert any right under these Terms and Conditions shall not be considered a waiver of any that party’s right and that right will remain in full force and effect;

You agree that without regard to any statue or contrary law that any claim or cause arising out of this website or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred;

We may assign our rights and obligations under these Terms and Conditions and we shall be relieved of any further obligation.

Equitable Relief. The parties agree that a material breach of these terms and conditions adversely affecting FunWithRockets LLC or its suppliers’ intellectual property rights or either party’s confidential Information may cause irreparable injury to such party for which monetary damages would be an inadequate remedy and the non-breaching party shall be entitled to equitable relief (without a requirement to post a bond) in addition to any remedies it may have under this these terms and conditions or at law.

The parties are independent contractors. These terms and conditions shall not establish any relationship of partnership, joint venture, employment, franchise or agency between you or your Affiliates and FunWithRockets LLC and its affiliates.

Consent

By continuing to browse or otherwise accessing the website, you signal acceptance of the terms and conditions and disclaimers set out above. If you do not accept any of these terms, leave this website now. By logging into the FunWithRockets LLC or using any FunWithRockets LLC services you signal that you accept these Terms and Conditions in full.

Interpretation

Where permissible by law, FunWithRockets LLC is the sole arbiter of the meaning and context of these terms and conditions.

Return and Refund Policy

All orders are applicable for refunds within the first 14 days.  We will not be able to offer a refund or exchange for any orders that exceed the 14-day refund period. To be eligible for a return, your item must be unused and in its original condition as when you received it, along with its original packaging.

Refunds (if applicable)

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Late or missing refunds (if applicable)

If you haven’t received a refund yet, first check your bank account again.

Then contact your credit card company, it may take some time before your refund is officially posted.

Next contact your bank. There is often some processing time before a refund is posted.

If you’ve done all of this and you still have not received your refund yet, please contact us at info@toptshirttrends.com.

Exchanges (if applicable)

We only replace items if they are defective or damaged.  If you need to exchange it for the same item, send us an email at orders@funwithrockets.com.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

If you are shipping an item over $75, you should consider using a traceable shipping service or purchase shipping insurance. We don’t guarantee that we will receive your returned item.

Entire Agreement

These terms and conditions, and the documents referenced herein, which are incorporated by reference, constitute the entire agreement between the parties with respect to its subject matter and supersedes and cancels all prior agreements, representations, communications, and understandings of the parties, written or oral, relating to such subject matter, and is not intended to confer upon any person other than the parties any rights or remedies. These terms and conditions prevail over any conflicting, or additional terms of any ordering document, acknowledgement, confirmation or other document issued by Customer before or after the execution of this Agreement unless such conflicting or additional terms have been introduced via an amendment and accepted in writing by both parties. The headings of sections of this Agreement are for convenience and are not for use in interpreting this Agreement.