Terms of service

Hey there! Welcome to Freedom Rave Wear, Inc. ("FRW," "we," "us," or "our"). We're stoked you're here. These Terms of Service (the "Terms") are the ground rules for using www.freedomravewear.com and everything connected to it—our mobile SMS programs, social media pages, and all the other ways we connect with the rave fam (together, the "Services").

By accessing or using the Services, you're agreeing to these Terms and our Privacy Policy. We know legal docs aren't exactly festival vibes, but they're important for protecting both of us.

If you don't agree to these Terms, please don't use the Services.

Quick tech note: Our store runs on Shopify Inc., the e-commerce platform that powers our online shop.

1 Eligibility & Age Requirements

You represent that you are at least 18 years old (or the age of majority in your jurisdiction) or that you have reached the age of majority and have given us consent to allow any of your minor dependents to use the Services. You may not purchase products for resale absent a written reseller agreement with FRW.

2 Your Account & Accuracy of Information

You agree to provide current, complete, and accurate account information and to keep such information up-to-date so that we can complete your transactions and contact you as needed. You are responsible for safeguarding your account credentials and for any activities conducted under your account.

We reserve the right to refuse or cancel any order, limit quantities, or deactivate accounts that, in our sole judgment, appear to violate these Terms or applicable law.

3 Online Store Terms & Prohibited Conduct

Let's keep the good vibes going. You may not:

Use the Services for any unlawful, fraudulent, or abusive purpose;
Violate or infringe the intellectual-property rights of FRW or any third party;
Transmit viruses, malware, or any destructive code;
Use any robot, spider, crawler, scraper, or other automated means to access the Site without express written permission;
Harass, abuse, defame, discriminate, or otherwise harm other users;
Interfere with or circumvent security features of the Services.

A violation of any of these Terms will result in immediate termination of your access to the Services.

4 Products, Pricing & Availability

Products and prices are subject to change without notice. Certain items may be offered exclusively online and may have limited quantities. We reserve the right to discontinue any product at any time.

We attempt to display product colors and images as accurately as possible, but we cannot guarantee that your monitor's display will be accurate.

For information about returns and exchanges, please review our Refund & Returns Policy (incorporated by reference).

5 Payment & Billing

All payments are processed via Shopify Payments, Stripe, PayPal, Klarna, or other listed processors. By providing a payment method, you represent that you are authorized to use the payment method and authorize us (and our payment processors) to charge the total amount of your order.

Prices are listed in U.S. dollars unless otherwise indicated and do not include taxes, duties, or shipping. You are responsible for all applicable taxes, duties, and fees.

6 Shipping, Risk of Loss & Title

Orders are shipped according to the method you select at checkout. Title and risk of loss for items pass to you upon our delivery to the carrier. Delivery dates provided by FRW are estimates only.

7 User-Generated Content (UGC)

We love seeing you in your FRW gear! If you post reviews, photos, or other content ("UGC") on the Services or tag us on social media (e.g., #FreedomRaveWear), you grant FRW a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, sublicensable right to use, reproduce, modify, distribute, and display the UGC in any media. You warrant that you own or control all rights to your UGC and that it does not violate any law or third-party right.

8 Intellectual Property

All content on the Services—including text, graphics, logos, images, product designs, and software—is owned by or licensed to FRW and is protected by U.S. and international copyright, trademark, and other laws. You may not reproduce, distribute, or create derivative works without our express written consent.

9 Third-Party Links & Tools

The Services may contain links to or integrations with third-party websites and tools over which we have no control. We provide such links "as is" without warranties of any kind. Your use of third-party sites is at your own risk and subject to their terms.

10 Disclaimer of Warranties

THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. FRW disclaims all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee that the Services will be uninterrupted, secure, or error-free.

Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you to the extent prohibited by law.

11 Limitation of Liability

To the fullest extent permitted by law, FRW and its directors, officers, employees, agents, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill arising out of or related to your use of the Services or products, even if advised of the possibility. In no event will FRW's total liability exceed the amount paid by you for the product or service that gave rise to the claim.

Some jurisdictions do not allow limitations of liability for personal injury or for certain damages; in such jurisdictions, FRW's liability will be limited to the maximum extent permitted by law.

12 Indemnification

You agree to indemnify, defend, and hold harmless FRW and its affiliates, officers, directors, employees, and agents from any claim, demand, or damage, including reasonable attorneys' fees, arising out of your breach of these Terms or violation of any law or third-party right.

13 Termination

We may suspend or terminate your access to the Services at any time, without notice, for conduct that we believe violates these Terms or is otherwise harmful to FRW or other users. Sections intended to survive termination (e.g., Intellectual Property, Disclaimer, Limitation of Liability, Indemnification) will continue in effect.

14 Governing Law & Dispute Resolution

These Terms and any dispute between you and FRW will be governed by the laws of the State of California, U.S.A., without regard to conflict-of-law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in San Diego County, California, except that either party may seek injunctive relief in any court of competent jurisdiction.

California Civil Code § 1789.3 Notice to Consumers: If you have a complaint, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at +1 (800) 952-5210.

If you are a consumer within the EEA, you may have the right to use the EU Online Dispute Resolution platform (https://ec.europa.eu/consumers/odr).

15 Messaging Terms and Conditions

Consent to Receive Messages: By opting into Freedom Rave Wear's messaging program, you agree to receive marketing text messages, including cart reminders, at the phone number you provide. Freedom Rave Wear controls the messaging program and may change the frequency of messages at any time.

No Purchase Necessary: Opting into Freedom Rave Wear's messaging program is not a requirement for purchasing any products or services.

Agreement to Policies: By opting in, you accept Freedom Rave Wear's Privacy Policy and Terms of Use, and you consent to the processing of your information as described in those documents.

Contact Us: For questions or comments, email Freedom Rave Wear at support@freedomravewear.com.

Messaging Information:

Opt-In: To opt in, you can:
- Send a text message with "Freedom Rave Wear."
- Enter your mobile number on our website form. You will then receive a text to confirm your opt-in. Message frequency may vary.
Opt-Out: To opt out, reply "STOP" or "UNSUBSCRIBE" to the number you received messages. This is the only way to opt out. You will receive one final confirmation message after opting out.
Rates: Carrier message and data rates may apply. Check with your mobile service provider for details on charges.
Help: For assistance, text "HELP."
Other Information:
- Carriers are not responsible for delayed or undelivered messages.
- Your mobile number and opt-in data will not be shared with third parties.

16 AI-Powered SMS/MMS Mobile Message Marketing Program Terms and Conditions

We are offering an SMS/MMS mobile messaging program (the "Program"), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the "Agreement"). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the "Dispute Resolution" section below. The Program uses artificial intelligence ("AI") technology to generate personalized messages, product recommendations, and conversational responses. Some or all messages you receive through the Program may be composed, in whole or in part, by AI systems rather than human agents.

AI-Powered Messaging. Messages you receive through the Program may be generated using artificial intelligence and machine learning technology. This means that some messages, including product recommendations, promotional offers, and conversational responses, are created by AI systems rather than written by a human. You acknowledge and agree that:

(a) AI-generated messages may contain inaccuracies. While we strive to provide helpful and accurate information, AI-generated messages may include errors regarding product details, pricing, availability, promotions, or other information. You should independently verify any product information, pricing, or promotional offers before making a purchase decision.

(b) AI responses are not professional advice. AI-generated messages do not constitute professional, legal, medical, financial, or other expert advice.

(c) Your conversations may be processed by AI. When you reply to messages or engage in conversations through the Program, your responses may be processed by AI systems to generate relevant replies. Your message content, purchase history, and browsing activity may be used by AI systems to personalize your experience.

(d) You may request human assistance. If at any time you prefer to interact with a human representative rather than an AI system, you may request human assistance by contacting us at support@freedomravewear.com.

By participating in the Program, you agree to receive recurring automated marketing mobile messages, including AI-generated content, personalized product recommendations, and conversational AI responses, at the phone number associated with your opt-in. You understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer and/or AI-generated content, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). You specifically consent to receiving messages where the content is generated, in whole or in part, by artificial intelligence systems.

If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile text message from Us in order to opt out of the program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You understand and agree that attempting to opt out by texting other words or verbally requesting one of our team members to remove you from our list is not accounted for as a reasonable means of opting out.

You acknowledge that the message frequency is various and that consent is not a condition to purchase. The program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.

Data Use for AI Personalization. To provide you with personalized messages and recommendations through the Program, we may use information including your purchase history, browsing activity, product preferences, and prior message interactions. This information may be processed by AI systems, including third-party AI service providers, to generate relevant and personalized communications. We do not sell your personal information to third parties. Our AI service providers are contractually prohibited from using your personal information to train their general-purpose AI models.

You must have a wireless device of your own, be capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text-messaging instructions.

You may not use or engage with the platform if you are under thirteen (13) years of age. If you use or engage with the platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent's or legal guardian's permission to do so. By using or engaging with the platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent's or legal guardian's permission to use or engage with the platform, or are of adult age in your jurisdiction. By using or engaging with the platform, you also acknowledge and agree that you are permitted by your jurisdiction's Applicable Law to use and/or engage with the Platform.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO: (A) INACCURACIES, ERRORS, OR OMISSIONS IN AI-GENERATED MESSAGES, INCLUDING INCORRECT PRODUCT INFORMATION, PRICING, OR AVAILABILITY; (B) ANY DECISION YOU MAKE BASED ON AI-GENERATED CONTENT; (C) ANY PRODUCT RECOMMENDATION GENERATED BY AI SYSTEMS; OR (D) THE PERFORMANCE, RELIABILITY, OR AVAILABILITY OF AI FEATURES. THE PROGRAM AND ALL AI-GENERATED CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of the program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the program after any such changes, you accept this Agreement, as modified.

For any questions, you can contact us at support@freedomravewear.com for more information about the program.

17 Changes to These Terms

We may update these Terms from time to time. The "Last updated" date at the top indicates the effective date. Continued use of the Services after a change constitutes acceptance of the revised Terms.