Terms Of Service

Terms of Service

These Terms of Service ("Terms") govern your use of DeFlare® LLC's website www.ShopDeFlare.com (the "Site") and the products and services offered through the Site. By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Site.

Notice of Arbitration

NOTICE OF ARBITRATION. THESE TERMS CONTAIN AN ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT APPLIES TO ALL CLAIMS EXCEPT FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT OR THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. EXCEPT AS OTHERWISE STATED UNDER THESE TERMS, AND IF YOU DO NOT OPT-OUT OF ARBITRATION AS SET FORTH BELOW, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND DEFLARE LLC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

Product Purchases

When you make a purchase through the Site, you agree to provide accurate and complete information, including your name, shipping address, and payment information. You agree to pay all charges incurred in connection with your purchase, including applicable taxes and shipping fees.

Shipping and Delivery

We will make every effort to ship your order in a timely manner, but we cannot guarantee delivery dates. Risk of loss and title for products purchased from the Site pass to you upon our delivery to the carrier.

Returns and Refunds

We want you to be satisfied with your purchase. If you are not completely satisfied, you may return the product within 30 days of receipt for a store credit or exchange, subject to our return policy.

SMS Messaging Terms

By providing your mobile phone number and opting in to receive SMS communications from DeFlare LLC, you agree to the following SMS Messaging Terms:

Program Description

DeFlare LLC may send you recurring automated promotional and transactional text messages, including but not limited to:

  • Promotions and special offers

  • Product launches and restocks

  • Order updates

  • Cart reminders

  • Customer service communications

Consent to receive marketing text messages is not a condition of purchase.

Message Frequency

Message frequency will vary depending on your interaction with our Site and marketing campaigns. You may receive multiple messages per month. DeFlare LLC reserves the right to alter the frequency of messages sent at any time.

Message & Data Rates

Message and data rates may apply to any messages sent to you from us and to us from you. If you have questions about your text or data plan, please contact your wireless provider.

Opt-Out Instructions

You may opt out of receiving SMS messages at any time by replying:

STOP

After you send the STOP message, we may send you a confirmation message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us unless you re-enroll.

Help Instructions

For help, reply:

HELP

You may also contact us at www.ShopDeFlare.com/Contact for assistance.

Eligibility

By opting into SMS communications, you represent that:

  • You are the account holder or have the account holder’s permission to enroll the mobile number provided

  • You are at least 18 years of age or have parental consent

  • The mobile number provided is accurate and valid

You agree to notify us promptly if your mobile number changes.

Carrier Disclaimer

Wireless carriers are not liable for delayed or undelivered messages.

Intellectual Property

All content on this Site—including, but not limited to, all designs, text, graphics, logos, images, audio, video, and software—is the property of DeFlare® LLC or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

DeFlare® and all related names, logos, product names, and trade dress are registered trademarks or trademarks of DeFlare® LLC. Unauthorized use of any trademarks, service marks, or trade dress without prior written consent is strictly prohibited.

You may not reproduce, distribute, modify, display, perform, or otherwise use any part of this Site or its content without our prior written permission.

Limitation of Liability

In no event shall DeFlare LLC be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with your use of the Site, participation in SMS communications, or the products purchased through the Site.

Indemnification

You agree to indemnify and hold harmless DeFlare LLC, its officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, or expenses arising out of or in any way connected with:

  • Your use of the Site

  • Your participation in SMS communications

  • Your violation of these Terms

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

Changes to These Terms

We reserve the right to update or modify these Terms at any time without prior notice. By continuing to use the Site or participate in SMS communications after we post any changes, you agree to be bound by the revised Terms.

Contact Us

If you have any questions or concerns about these Terms, please contact us at:

www.ShopDeFlare.com/Contact