Last updated July 2020

AGREEMENT TO TERMS

PLEASE REVIEW THESE TERMS AND CONDITIONS (TERMS OF USE) CAREFULLY, AS THEY AFFECT YOUR RIGHTS. This agreement includes a class action waiver:  you agree to proceed with any claim individually and not as a part of a class action.

These Terms of Use, together with (a) our Shipping Policy and (b) our Privacy Policy constitute a legally binding agreement made between you and BYTEWRTHY, Inc., (“we”, “us”, or “our”), concerning your access to and use of our website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

We reserve the right, in our sole discretion, to amend these Terms of Use at any time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use. You will be deemed to have accepted the changes in any revised Terms of Use through your continued use of the Site after the date such revised Terms of Use are posted.

We reserve the right in our sole discretion and without notice or liability:

  • to monitor the Site for violations of these Terms of Use;
  • to take appropriate legal action against anyone who violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities and pursuing civil, criminal, and injunctive redress;
  • to refuse, to restrict access to, to limit the availability of, or to disable (to the extent technologically feasible) any of your Contributions, as defined below, or any portion thereof;
  • to remove from the Site or otherwise disable all content that is in any way burdensome to our systems;
  • to deny access to and use of the site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any of these Terms of Use or of any applicable law or regulation and to terminate your use or participation in the site or delete your account and any content or information that you posted at any time and
  • to manage the Site generally in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

Our Privacy Policy is incorporated by reference into these terms of Use.  Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use.
IF YOU DO NOT AGREE WITH OR CANNOT COMPLY WITH ALL OF THESE TERMS OF USE, DO NOT USE THE SITE.

INTELLECTUAL PROPERTY RIGHTS

Bytewrthy is the exclusive owner of, or is authorized to use or provide access to, all parts of the Site. Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us. Some materials on the Site belong to third parties who have authorized Bytewrthy to display the materials, such as branding materials, client logos and trademarks and other proprietary materials.  All content available through the Site is protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, International Copyright laws, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site 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.  You may not, nor will you allow any third-party to copy, modify, transmit or make derivative works based on any of the content contained in this Site.

Except as expressly set forth in these Terms of Use, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not explicitly granted under these Terms of Use are reserved.

PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that those will be accurate, complete, reliable, current, or free of other errors.  Your electronic display may not accurately reflect the actual colors and details of the products.  All questions or inquiries regarding products made available through this Site should be addressed to the product manufacturers.

Reliance on any information provided on the Site is solely at your own risk.  If you have any questions or concerns about medical or health issues, you should contact a medical professional prior to using any products purchased on the Site.

All products are subject to availability, and we cannot guarantee that items will be in stock.  We reserve the right to discontinue any products and to change any price, at any time, for any reason, and without obligation to you.

We reserve the right, in our sole discretion,

  • to correct any errors or mistakes, including in pricing
  • to limit or cancel quantities purchased per person, per household, or per order, and
  • to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors.

We will refund payments received for orders we subsequently cancel.

PURCHASES AND PAYMENT

Acceptable forms of payments will be displayed at checkout.  You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. 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. All payments shall be in U.S. 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.

RETURN POLICY

We want you to be able to enjoy the personal products that you have ordered and to be part of a community that supports reduced wastage.  We represent homegrown, authentic brands and our products may have variances.

All sales are final, and no refunds will be issued.  Our goal is to expedite your order as quickly as possible; therefore, once your order is placed it cannot be cancelled or changed.  Please check your order thoroughly, including shipping information, before placing it.

If you received a damaged and unusable item:  please email service@bytewrthy.com within 24 hours of delivery and include a photo of the item and a description of the damage.  Please note that we will only replace a product if it is damaged to the point that it is unusable.

MOBILE SERVICES

Please be aware that if you access the Site via your mobile phone or provide a mobile phone number to us (opt in) in order to be contacted, e.g. by text (SMS) message, your carrier’s normal rates and fees, such as text messaging fees or data charges, apply.  In the event that you change or deactivate your mobile number, it is your responsibility to notify us or to have your number removed from our records.

At any time, you can text “STOP”. This will prevent you from receiving future text messages.  View our privacy policy for further details, including your right to opt-out.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available.
As a user of the Site, you agree not to:

  • use the Site under false pretenses, or for any illegal or unauthorized purpose, including collecting any user information or creating user accounts by automated means;
  • make improper use of our support services or submit false reports of abuse or misconduct;
  • use a buying agent or purchasing agent to make purchases on the Site;
  • use, copy, store, reproduce, transmit, distribute, display, modify, or commercially exploit the Site in any manner not expressly permitted in these Terms of Use;
  • use spiders, robots, data mining techniques or any other automated devices or programs (including devices referred to as “spyware” or “passive collection mechanisms”) to access, catalog, download, store or otherwise reproduce, store or distribute content available on the Site;
  • take any action to gain unauthorized access to the Site or to any servers, computers, or databases connected to the Site, to interfere with, or any action to disrupt, the Site or any other user’s use of the Site, or any action which modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site, including, without limitation, via means of denial-of-service attacks, overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Use;
  • frame portions of the Site within another website or establish links from any other website to any page of the Site other than the homepage;
  • reverse engineer, disassemble, modify, copy, or create any derivative work of the Site or of the Site’s software;
  • resell use of, or access to, the Site to any third party without our prior written consent;
  • impersonate, harass, annoy, intimidate, threaten, disparage, or harm us or any person engaged in providing any portion of the Site to you, or any user of the Site, or any person by using any information obtained from the Site.

USER REPRESENTATIONS

By using the Site, you represent and warrant that:

  • all registration information you submit will be true, accurate, current, and complete;
  • you will maintain the accuracy of such information;
  • you will keep your password confidential and will be responsible for all use of your account and password;
  • you will not create multiple accounts for the same individual;
  • you will not transfer your user name or password, or lend or otherwise transfer your use of or access to the Site, to any third party;
  • you are fully responsible for all transactions (including any information transmitted in connection with any transactions) and other interactions with the Site that occur in connection with your user name;
  • you agree to notify us immediately of any unauthorized use of your user name or password or any other breach of security related to your account, your user name or the Site, and to ensure that you “log off” and exit from your account with the Site (if applicable) at the end of each session;
  • you have the legal capacity and you agree to comply with these Terms of Use;
  • you are not a minor in the jurisdiction in which you reside;
  • you will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
  • you will not use the Site for any illegal or unauthorized purpose; and
  • your use of the Site will not violate any applicable law or regulation;

and you acknowledge that

  • we have the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is obscene or otherwise objectionable;
  • we are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations;
  • 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 Site (or any portion thereof).

USER GENERATED CONTENT/CONTRIBUTIONS

The Site

  • may invite you to send us questions, feedback, or information regarding the Site;
  • may invite you to chat, or participate in blogs, online forums, product reviews, and other functionality; and
  • 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 Site.

We refer to any such communications from you and any materials you provide, in any form, collectively as “Contributions”.

When you create or make available any Contributions, you represent and warrant that each Contribution complies with all applicable laws, rules and regulations.  We may accept, reject, or remove Contribution in our sole discretion. We have absolutely no obligation to screen or to delete Contributions. Contributions are not endorsed by us, and do not necessarily represent our opinions or the views of any of our partners.  We do not assume liability for any review or for any claims, liabilities, or losses resulting from any Contributions.

You acknowledge and agree that we have no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information you voluntarily make public.

IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.

You agree not to post, transmit, or otherwise make available through or in connection with the Site and any of its functionality:

  • any information or materials that are or may be: (i) threatening, harassing, degrading, hateful or intimidating; or (ii) defamatory or libelous; or (iii) fraudulent or tortious; or (iv) obscene, indecent, pornographic or otherwise objectionable, including but not limited to any materials which exploit any person in a sexual or violent manner; or (v) impersonating another person or protected by copyright, trademark, trade secret, right of publicity or privacy or any other third party proprietary right; or (vi) soliciting personal information for any reason from anyone under the age of 18;
  • any material or any link to material that violates these Terms of Use or any applicable law or regulation; that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking;”
  • any unsolicited or unauthorized advertisements, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation that we have not expressly approved in writing;
  • any personally identifiable information of another individual, without the prior consent of such individual;
  • any materials with commercial purposes, including the promotion or advertisement of any goods, services or opportunities;
  • any materials which solicit other Site visitors or users to visit or become members of, subscribe to or register with any commercial service or other organization.

When posting a review, you must additionally comply with the following criteria:

  • you should have firsthand experience with the content/product being reviewed;
  • you should not be affiliated with competitors if posting negative reviews;
  • you may not post any false or misleading statements; and
  • you may not organize a campaign encouraging others to post reviews, whether positive or negative.

CONTRIBUTION LICENSE

You acknowledge and agree that any Contributions provided by you to us are non-confidential and non-proprietary.  You hereby warrant that you are the creator and owner of any such Contributions or that you have the right to submit such Contributions and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party.  We shall be entitled to the unrestricted use and dissemination of these Contributions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

You hereby waive all moral rights to any such Contributions.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

By uploading your Contributions to the Site, you hereby authorize us to grant to each end user a personal, limited, non-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access, download, print and otherwise use your Contributions for their internal or personal purposes and not for distribution, transfer, sale or commercial exploitation of any kind.

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as content belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked by us.

We do not approve or endorse, and we are not responsible for, any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or Third-Party Content.

If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern and you should review applicable third-party terms and policies, including privacy and data gathering practices.

You shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.  We take no responsibility whatsoever in relation to any purchases you make through Third-Party Websites or via Third-Party Content, which are exclusively between you and the applicable third party.  You shall hold us harmless from any harm caused by your purchase of products or services offered on Third-Party Websites.

COPYRIGHT INFRINGEMENTS – DMCA

We respect the intellectual property rights of others, and require that the people who use our Site and products do the same. If you are a copyright owner and believe that any content posted on the site infringes upon your copyrights, please provide our designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”):

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed;
  • identification of the material that is claimed to be infringing and information reasonably sufficient to permit location of the material;
  • a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • information to permit us to contact you, such as an address, telephone number, and, if available, an email address; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our DMCA designated copyright agent for notice of claims of copyright infringement on the Site can be reached by email to copyright@bytewrthy.com

DISCLAIMER

The site is provided on an as-is and as-available basis. You agree that your use of the site services will be at your sole risk.  To the fullest extent permissible by law, we make no representations or warranties of any kind whatsoever for the content on the site or products available through the site. Further, we disclaim any express or implied warranties, including, without limitation, non-infringement, title, merchantability or fitness for a particular purpose.

In no event will we be liable under any theory of tort, contract, strict liability or other legal or equitable theory for any lost profits, lost data, lost opportunities, costs of cover, exemplary, punitive, personal injury/wrongful death, special, incidental, indirect or other consequential damages, each of which is hereby excluded by agreement of the parties regardless of whether or not either party has been advised of the possibility of such damages.

We shall not be liable for the use of the Site, including, without limitation, the content or the products and any errors contained therein.  You agree that we have no liability whatsoever to you or any third party for any modification, price change, suspension, or discontinuance of the site or for any loss, damage, or inconvenience caused by your inability to access or use the site or the during any downtime or discontinuance of the site.

The site may contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We cannot guarantee the site will be available at all times. We do not warrant that the functions contained in the site or any materials or content contained therein will be uninterrupted, delay free, or error free, that defects will be corrected, or that the site or the server that makes it available is free of viruses or other harmful components.

We reserve the right at any time, at our sole discretion, and without notice, to correct any errors, inaccuracies, or omissions, and to suspend, discontinue, remove contents from, or modify the site.

Nothing in these Terms of Use will be construed to obligate us to maintain and support the site or to supply any corrections, updates, or releases in connection with the site, or to update any information on our site.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, INCLUDING ANY PRODUCT OR SERVICES OFFERED ON THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE-MONTH PERIOD PRIOR TO THE CLAIM FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. HOWEVER OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of

  • any violation of these terms of use,
  • your use of the Site or any services provided to you, or
  • any Contributions you made to us or the Site, or
  • any activity related to your account (including but not limited to negligent or wrongful conduct or any actions on your part towards or involving other users or third-parties).

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

GOVERNING LAW

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

DISPUTE RESOLUTION

If a dispute should arise between you and us, we want to provide you with a resolution that is efficient and cost effective. Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer service, reachable by sending an email to service@bytewrthy.com.
If your dispute cannot be resolved using our customer service team, we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

MISCELLANEOUS

  • These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us.
  • No Waiver: Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
  • These Terms of Use operate to the fullest extent permissible by law.
  • Assignment: We may assign any or all our rights and obligations to others at any time.
  • We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
  • Severability: If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Bytewrthy, Inc. – service@bytewrthy.com