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Terms of service
OVERVIEW
Welcome to The Illuminatee. The terms "we", "us" and "our" refer to The Illuminatee, operated by Fortis Futura. The Illuminatee operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a purposeful shopping experience (the "Services"). The Illuminatee is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 — ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least 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 the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current and complete, and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 — OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colors or product appearance may differ from how they appear on your screen due to the type of device you use and your device settings.
We do not warrant that the appearance or quality of any products purchased by you will meet your expectations or be identical to what is depicted in our store.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities available to any person, geographic region, or jurisdiction.
SECTION 3 — ORDERS
When you place an order, you are making an offer to purchase. The Illuminatee reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until The Illuminatee confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as The Illuminatee may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, change, or cancel an order, we will attempt to notify you using the contact information provided at the time the order was placed.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 — PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be confirmed in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs or import charges.
We may offer promotions from time to time that affect pricing and are governed by separate terms and conditions. Where there is a conflict between promotion terms and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase and payment information for all orders. You agree to promptly update your account information, including email address, card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that: (i) the payment information you provide is true, correct and complete; (ii) you are authorized to use the payment method provided; (iii) charges incurred will be honored by your payment provider; and (iv) you will pay all charges incurred at posted prices, including applicable shipping and taxes.
SECTION 5 — SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
For full details, please review our Shipping Policy.
SECTION 6 — INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product designs, video, and audio, and the selection and arrangement thereof, are owned by The Illuminatee / Fortis Futura, its affiliates or licensors, and are protected by applicable intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent.
The Illuminatee's names, logos, product and service names, designs, and slogans are trademarks of Fortis Futura. You must not use such trademarks without prior written permission. All rights not expressly granted herein are reserved by The Illuminatee.
SECTION 7 — OPTIONAL TOOLS
You may be provided with access to third-party tools as part of the Services, which we neither monitor nor have any control over. Such tools are provided "as is" and "as available" without any warranties or endorsement. We shall have no liability arising from your use of optional third-party tools. Any use of such tools is entirely at your own risk.
SECTION 8 — THIRD-PARTY LINKS
The Services may contain links to third-party websites. We are not responsible for examining or evaluating the content or accuracy of any third-party websites. If you choose to leave our Services to access third-party content, you do so at your own risk. We are not liable for any harm or damages related to third-party websites, products, or services.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
The Illuminatee is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases are made directly with The Illuminatee / Fortis Futura. By using the Services, you acknowledge that Shopify is not responsible for any aspect of transactions between you and The Illuminatee. You hereby release Shopify and its affiliates from all claims, damages, and liabilities arising from your purchases and transactions with The Illuminatee.
SECTION 10 — PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read and understood our privacy practices. Information submitted to the Services may be transmitted to and shared with Shopify and third parties in order to provide services to you.
SECTION 11 — FEEDBACK
If you submit ideas, suggestions, feedback, or reviews, you grant The Illuminatee a perpetual, worldwide, royalty-free license to use, reproduce, modify, publish, and distribute such content for any purpose, including commercial use.
You represent and warrant that you own or have all necessary rights to any feedback submitted, and that it complies with these Terms. We are under no obligation to maintain feedback in confidence, compensate you for it, or respond to it.
You agree that your feedback will not violate any third-party rights or contain unlawful, abusive, or harmful content. You are solely responsible for any feedback you submit.
SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, or availability. We reserve the right to correct any errors or inaccuracies and to change or update information or cancel orders at any time without prior notice.
SECTION 13 — PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not use the Services: (a) for any unlawful or malicious purpose; (b) to violate any applicable laws or regulations; (c) to infringe upon intellectual property rights; (d) to harass, abuse, harm, or defame any person; (e) to transmit false or misleading information; (f) to upload or transmit viruses or malicious code; (g) to send unsolicited promotional materials or spam; (h) to impersonate any person or entity; or (i) to engage in any conduct that restricts or inhibits others' use of the Services.
We reserve the right to suspend, disable, or terminate your account at any time, without notice, for any violation of these Terms.
SECTION 14 — TERMINATION
We may terminate this agreement or your access to the Services at any time without notice at our sole discretion. You will remain liable for all amounts due up to and including the date of termination. Sections relating to Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law will survive any termination.
SECTION 15 — DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
SECTION 16 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, THE ILLUMINATEE, FORTIS FUTURA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES.
SECTION 17 — INDEMNIFICATION
You agree to indemnify, defend and hold harmless The Illuminatee, Fortis Futura, Shopify, and our affiliates, officers, directors, employees, agents, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, arising out of: (1) your breach of these Terms; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.
SECTION 18 — SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed. This shall not affect the validity and enforceability of any remaining provisions.
SECTION 19 — WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms of Service, together with any policies posted on this site, constitute the entire agreement between you and The Illuminatee and govern your use of the Services.
SECTION 20 — ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations without our prior written consent. The Illuminatee may transfer or assign these Terms and our rights and obligations without consent or notice.
SECTION 21 — GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the jurisdiction in which Fortis Futura is headquartered. You and The Illuminatee consent to venue and personal jurisdiction in such courts.
SECTION 22 — HEADINGS
Headings used in this agreement are for convenience only and do not limit or otherwise affect these Terms.
SECTION 23 — CHANGES TO TERMS OF SERVICE
We reserve the right to update, change, or replace any part of these Terms of Service at any time by posting updates to our website. It is your responsibility to review these Terms periodically. Your continued use of the Services following any changes constitutes acceptance of those changes.
SECTION 24 — CONTACT INFORMATION
Questions about these Terms of Service should be directed to:
Fortis Futura / The Illuminatee
Email: support@theilluminatee.com