Terms of service

Welcome to ftwearapparel.com, operated by VELOCITYVEST COMMERCE LLC (registered at 3300 Greenhill Ln, Louisville, KY 40207). By accessing or using our website (ftwearapparel.com), placing an order, or creating an account, you agree to be bound by these Terms of Service (the “Terms”). These Terms govern your relationship with us and outline the rules and guidelines for using our website and services. Please read these Terms carefully before using our website; if you do not agree to these Terms, you may not access or use our website or services.

1. Eligibility

To use our website and services, you must be at least 18 years of age or have the consent of a parent or legal guardian if you are under 18. You must also be legally capable of entering into a binding contract. By using our website, you represent and warrant that you meet these eligibility requirements.

2. Account Creation and Responsibilities

2.1 To place an order or access certain features of our website (e.g., saving shipping addresses, tracking orders), you may need to create an account. When creating an account, you must provide accurate, complete, and up-to-date information. You are responsible for maintaining the confidentiality of your account credentials (username and password) and for all activities that occur under your account.

2.2 You agree to notify us immediately at commerce@ftwearapparel.com if you suspect any unauthorized access to your account or any breach of security. We will not be liable for any loss or damage caused by your failure to protect your account credentials.

2.3 We reserve the right to suspend or terminate your account at any time, without prior notice, if we believe you have violated these Terms, engaged in fraudulent activity, or provided false or misleading information.

3. Website Use

3.1 You agree to use our website only for lawful purposes and in compliance with these Terms and all applicable laws and regulations. You may not use our website in any way that could damage, disable, overburden, or impair our website or interfere with other users’ use of the website.

3.2 Prohibited uses include, but are not limited to:

- Using our website to engage in fraudulent, illegal, or unethical activities (e.g., identity theft, fraud, or selling counterfeit goods).

- Attempting to access or hack into our website’s servers, databases, or other systems.

- Using automated tools (e.g., bots, crawlers) to scrape, collect, or copy content from our website without our prior written permission.

- Posting or transmitting any harmful, offensive, or inappropriate content (e.g., hate speech, violence, pornography) on our website or through our services.

- Infringing on our intellectual property rights or the intellectual property rights of others.

3.3 We reserve the right to monitor your use of our website to ensure compliance with these Terms. If we detect any prohibited use, we may take action, including suspending your account, blocking your IP address, or pursuing legal action.

4. Orders and Purchases

4.1 When you place an order on our website, you are making an offer to purchase the selected items at the listed price, plus any applicable shipping costs, taxes, and fees. We reserve the right to accept or reject your order for any reason, including but not limited to: insufficient stock, incorrect pricing, fraudulent activity, or violations of these Terms.

4.2 After you place an order, we will send you an order confirmation email with your order number and details. This confirmation does not constitute acceptance of your order; your order is accepted only when we process and ship your items, and we will send you a shipping confirmation email at that time.

4.3 Pricing and availability of products are subject to change without notice. We make every effort to ensure that product descriptions, images, and prices on our website are accurate, but we do not guarantee that all information is error-free. If we discover an error in the pricing or description of a product after you place an order, we will notify you and give you the option to cancel the order or proceed with the corrected price.

4.4 You are responsible for providing accurate shipping and billing information. If you provide incorrect information, we may not be able to deliver your order, and we will not be liable for any delays or losses caused by incorrect information.

5. Intellectual Property

5.1 All content on our website, including but not limited to product images, descriptions, logos, trademarks, text, and graphics, is the property of VELOCITYVEST COMMERCE LLC or our licensors and is protected by intellectual property laws (e.g., copyright, trademark law).

5.2 You may not copy, reproduce, distribute, modify, or use any of our intellectual property without our prior written permission. Unauthorized use of our intellectual property may result in legal action.

6. Product Information and Warranty

6.1 We make every effort to provide accurate and detailed product information, including size charts, material descriptions, and care instructions. However, we do not guarantee that the product will match the images or descriptions exactly, as slight variations may occur due to manufacturing processes, lighting, or screen resolution.

6.2 All products sold on our website are covered by a limited warranty against defects in materials and workmanship for 30 days from the date of delivery. If you receive a defective product, please contact us at commerce@ftwearapparel.com to request a refund, exchange, or repair, in accordance with our Exchange & Return Policy.

6.3 The limited warranty does not cover damage caused by improper use, washing, or care, normal wear and tear, or modifications to the product.

7. Limitation of Liability

7.1 To the maximum extent permitted by law, VELOCITYVEST COMMERCE LLC shall not be liable for any direct, indirect, incidental, consequential, or special damages (including but not limited to loss of profits, loss of data, or damage to property) arising out of or in connection with your use of our website or services, or your purchase of products from us, even if we have been advised of the possibility of such damages.

7.2 Our total liability to you for any claim arising out of or in connection with these Terms or your use of our website shall not exceed the total amount you paid for the products or services in question.

7.3 We shall not be liable for any delays or failures in performance caused by circumstances beyond our reasonable control, including but not limited to natural disasters, weather conditions, labor strikes, power outages, internet service disruptions, or delays by third-party service providers (e.g., shipping carriers, payment processors).

8. Indemnification

You agree to indemnify, defend, and hold harmless VELOCITYVEST COMMERCE LLC, its employees, directors, officers, affiliates, and third-party service providers from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or in connection with: (a) your use of our website or services; (b) your violation of these Terms or any applicable laws or regulations; (c) your violation of any third party’s intellectual property rights or other legal rights; (d) any content you post or transmit through our website; or (e) any fraudulent or unauthorized activity associated with your account.

9. Termination

9.1 These Terms shall remain in effect until terminated by either party. You may terminate these Terms at any time by closing your account and ceasing all use of our website and services. Termination of your account will not affect any obligations you owe to us, including but not limited to payment for orders already placed.

9.2 We may terminate these Terms or suspend your access to our website and services at any time, without prior notice, if: (a) you violate any provision of these Terms; (b) you engage in fraudulent, illegal, or unethical activity; (c) we suspect unauthorized use of your account; (d) you provide false or misleading information; or (e) we determine that your use of our website or services may harm our business, other users, or third parties.

9.3 Upon termination, all licenses and permissions granted to you under these Terms shall immediately terminate, and you shall cease all use of our website and services. Any provisions of these Terms that by their nature should survive termination (including but not limited to intellectual property rights, limitation of liability, indemnification, and dispute resolution) shall remain in effect.

10. Governing Law and Dispute Resolution

10.1 These Terms shall be governed by and construed in accordance with the laws of the State of Kentucky, United States of America, without regard to its conflict of laws principles.

10.2 Any dispute, claim, or controversy arising out of or in connection with these Terms, your use of our website or services, or your purchase of products from us shall first be resolved through good-faith negotiation between you and us. If the dispute cannot be resolved through negotiation within 30 days of either party notifying the other of the dispute, the dispute shall be submitted to binding arbitration in Louisville, Kentucky, in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall be conducted by a single arbitrator, and the decision of the arbitrator shall be final and binding on both parties. The prevailing party in the arbitration shall be entitled to recover its reasonable attorney’s fees and costs.

10.3 Notwithstanding the above, we may seek injunctive relief or other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights or prevent immediate harm, without first engaging in negotiation or arbitration.

11. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed from these Terms, and the remaining provisions shall remain in full force and effect. The invalidity of any provision shall not affect the validity of the other provisions of these Terms.

12. Waiver

Our failure to enforce any provision of these Terms or to take action against any violation of these Terms shall not constitute a waiver of that provision or any other provision of these Terms. A waiver of any provision shall only be effective if in writing and signed by an authorized representative of VELOCITYVEST COMMERCE LLC.

13. Entire Agreement

These Terms constitute the entire agreement between you and VELOCITYVEST COMMERCE LLC with respect to your use of our website and services, and supersede all prior or contemporaneous agreements, understandings, or representations (whether oral or written) between you and us relating to the subject matter of these Terms.

14. Changes to Terms of Service

VELOCITYVEST COMMERCE LLC reserves the right to modify these Terms of Service at any time. Any changes will be posted on our website (ftwearapparel.com) and will take effect immediately upon posting. By continuing to use our website or services after the changes are posted, you agree to be bound by the modified Terms. We recommend checking this page regularly for updates. If we make significant changes to these Terms, we may notify you via email (if you have provided your email address) or through a prominent notice on our website.

15. Contact Us

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us at commerce@ftwearapparel.com.