Terms and Conditions

Terms and Conditions

OVERVIEW

This website is operated by 4throws. Throughout the site, the terms “we”, “us”, and “our” refer to 4throws. 4throws offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service 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 of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

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, or that you are the age of majority in your state or province of residence and 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 Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, 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 Services.

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 Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

SECTION 3 - BINDING ARBITRATION

Any dispute or claim relating in any way to your use of the website, your purchase of any products or services from us, or these Terms of Service will be resolved through binding arbitration rather than in court. The Federal Arbitration Act and federal arbitration law apply to this agreement.

Arbitration shall be conducted in Washington State, and the arbitration proceedings shall be confidential. Each party shall bear its own costs of arbitration.

You and 4throws agree to bring any claims solely in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. Arbitration is final and binding.

SECTION 4 - COMMUNICATION AND OPT-IN POLICY

By submitting your phone number through the website, you agree to receive SMS notifications, including marketing messages, from 4throws at the number you provided. This constitutes an opt-in for SMS communication. Standard text messaging and data rates may apply. You may opt-out of receiving SMS messages at any time by replying “STOP” to any message received.

SECTION 5 - LIMITATION OF LIABILITY

In no case shall 4throws, our directors, officers, employees, affiliates, agents, 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, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, arising from your use of any service or product procured using the service.

Our liability to you for any damages arising from or related to your use of this website or purchase of products shall not exceed the total amount paid by you to 4throws during the six months prior to the claim. This limitation of liability applies to the fullest extent permitted by law.

SECTION 6 - CHARGEBACK POLICY

By making a purchase through our website, you agree not to file a chargeback with your issuing bank without first attempting to resolve any issue directly with us. If a chargeback is filed, we reserve the right to dispute the chargeback and provide the bank or credit card company with evidence to support our case.

Unauthorized chargebacks will result in the termination of any active services and may incur additional fees to cover administrative costs.

SECTION 7 - INTELLECTUAL PROPERTY RIGHTS

All content, including but not limited to text, graphics, logos, images, and software, available on this site is the property of 4throws and is protected by copyright, trademark, and other intellectual property laws. You agree not to use, reproduce, or distribute any content without prior written permission from us.

SECTION 8 - PROHIBITED ACTIVITIES

You are prohibited from using this site or its content for:

• Any unlawful purpose.

• Soliciting others to perform unlawful acts.

• Violating any laws or regulations.

• Infringing on intellectual property rights.

• Engaging in fraudulent or deceptive practices.

• Uploading malicious code or viruses.

• Collecting personal information of others without consent.

SECTION 9 - USER-GENERATED CONTENT

By submitting content to our website (e.g., reviews, comments), you grant 4throws a non-exclusive, royalty-free license to use, modify, and distribute such content. You represent that your content does not violate any laws or third-party rights. We reserve the right to moderate or remove content that violates our policies.

SECTION 10 - FORCE MAJEURE

4throws is not liable for delays or failures caused by events outside of our reasonable control, including but not limited to natural disasters, pandemics, labor strikes, or governmental actions.

SECTION 11 - COOKIES AND TRACKING TECHNOLOGIES

We use cookies and similar technologies to enhance your browsing experience. By using our site, you consent to our use of cookies as outlined in our Privacy Policy.

SECTION 12 - ACCOUNT TERMINATION POLICY

We reserve the right to suspend or terminate user accounts at our sole discretion, particularly in cases of violations of these Terms, fraudulent activity, or abuse of services.

SECTION 13 - PROMOTIONAL CAMPAIGNS

Promotions and discounts are subject to terms and conditions as outlined at the time of the offer. Misuse or fraudulent activities related to promotions may result in account suspension and the voiding of offers.

SECTION 14 - COMPLIANCE WITH LAWS

You agree to comply with all applicable local, state, and federal laws while using our website or services. Failure to do so may result in termination of access to the website and legal action.

SECTION 15 - SHIPPING POLICY

While most items are shipped within 24 hours of placing an order, some items may take up to one week to ship. If an order cannot be shipped within one week, it may be refunded automatically. You will be notified if your order is refunded due to shipping delays.

SECTION 16 - EXTENDED WARRANTY PROGRAM

We offer an optional extended warranty program that can be purchased at checkout. This warranty program cannot be added after the purchase is complete.

Coverage Options:

1. Defects: Covers the cost of repairing items with manufacturing defects.

2. Defects and Theft: Covers the cost of repairing items with defects and provides replacement coverage in cases of theft.

3. Defects, Theft, and Accidental Damage: Covers defects, theft, and accidental damage, including repairs or replacements.

Exclusions: The extended warranty does not cover:

• Misuse or intentional damage.

• Unauthorized repairs or modifications.

• Loss or theft without sufficient documentation (e.g., a police report).

• Damage due to natural wear and tear.

Claim Process: Customers must provide proof of purchase, a description of the issue, and any relevant supporting documentation (e.g., photos or a police report for theft). Claims must be submitted within the warranty coverage period.

Warranty Limitations:

• The maximum coverage is limited to the original purchase price of the item.

• Replacements will be provided for items in similar used condition and may not be identical in appearance.

• No monetary compensation will be issued for any claims. The warranty covers only the cost of repairs or provides a replacement product of similar used condition, at our discretion.

Coverage Duration: The warranty coverage begins at the time of purchase and lasts for the specified period selected at checkout.

Service Fees: Service fees may apply for certain repairs or replacements, as outlined in the warranty terms provided at checkout.

Non-Transferability: The extended warranty is valid only for the original purchaser and cannot be transferred to another individual or entity.

Local Laws: This warranty program complies with applicable local laws. In the event of a conflict, the applicable law will take precedence.

Business Protection Clause: We reserve the right to modify or discontinue the extended warranty program for future purchases at any time, without prior notice.

SECTION 17 - SHIPPING INSURANCE

We offer optional shipping insurance to protect against items lost or damaged in transit. This insurance must be purchased at checkout and cannot be added to an order retroactively.

Coverage Details:

1. Lost Items: Covers the cost of replacing items confirmed as lost by the shipping carrier.

2. Damaged Items: Covers the cost of repairing or replacing items damaged during transit.

Exclusions: Shipping insurance does not cover:

• Loss or damage due to incorrect shipping information provided by the customer.

• Items confiscated by customs or other government agencies.

• Losses not reported within 10 days of the expected delivery date.

Claim Process:

• Customers must provide proof of insurance purchase, documentation from the carrier regarding the loss or damage, and photos of the damaged item (if applicable).

• Claims must be filed within 10 days of the expected delivery date or receipt of a damaged item.

Business Limitations:

• Claims will be resolved by replacing the item with one of similar used condition or issuing store credit for the value of the item.

• We are not liable for delays caused by the shipping carrier or customs processing.

• No monetary compensation will be provided under shipping insurance claims; only repairs, replacements, or store credit will be offered.

Business Protection Clause: We reserve the right to modify or discontinue the shipping insurance program for future purchases at any time without prior notice.

SECTION 18 - USE OF CUSTOMER NAMES AND LIKENESS

By purchasing from 4throws, you grant us permission to advertise the names and likeness of your organization, including logos and photos of you using our product, as part of our promotional materials. This includes but is not limited to social media, website content, and marketing campaigns. If you wish to opt out, please notify us in writing.

SECTION 19 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Washington.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@4throws.com.