Introduction
These Terms of Use (the "Terms") govern your use of the Alwaysmalls e-commerce website (
https://alwaysmalls.com/) (the "Website") and all services, content and features available on or through the Website (collectively, the "Services"). By accessing, browsing or using the Website and Services, you (the "User") agree to be bound by these Terms and all other posted policies of Alwaysmalls (the "Company"). If you do not agree to these Terms, you are not permitted to use the Website or Services. The Company reserves the right to update or modify these Terms at any time, with the updated version posted on the Website and taking effect immediately upon posting. Your continued use of the Website and Services after the posting of an updated version constitutes your acceptance of the changes.
Eligibility to Use the Website
- You must be at least 18 years of age (or the age of majority in your jurisdiction) to use the Website and Services, or have the permission of a parent or legal guardian if you are a minor.
- You represent and warrant that you have the legal capacity to enter into these Terms and to use the Website and Services in accordance with all applicable laws and regulations.
- You agree to use the Website and Services only for lawful purposes and in accordance with these Terms and all local, state, national and international laws, rules and regulations.
Account Creation & Use
-
Account Registration: To make a purchase on the Website, you may choose to create a user account (an "Account") by providing accurate, current and complete information. You are responsible for maintaining the confidentiality of your Account credentials (username and password) and for all activities that occur under your Account.
-
Account Responsibilities: You agree to notify the Company immediately at [email protected] of any unauthorized use of your Account or any other breach of security. The Company shall not be liable for any losses or damages arising out of or in connection with your failure to protect your Account credentials or to notify us of unauthorized use.
-
Account Accuracy: You agree to update your Account information regularly to ensure that it remains accurate, current and complete. The Company reserves the right to suspend or terminate your Account if you provide false, inaccurate or incomplete information, or if you violate these Terms.
-
Account Termination: You may terminate your Account at any time by contacting our customer service team. The Company reserves the right to suspend or terminate your Account at our sole discretion, with or without notice, for any violation of these Terms or for any other reason (e.g., suspicious activity, inactivity). Upon Account termination, you will no longer have access to your Account information, order history or other personalized features, and the Company will retain your personal information in accordance with our Privacy Policy.
Use of the Website & Services
-
Permitted Use: You are permitted to access and use the Website and Services for personal, non-commercial purposes only, including browsing product information, making purchases, accessing customer support and using the self-service tools (e.g., order tracking, FAQ section).
-
Prohibited Conduct: You agree not to engage in any of the following prohibited activities when using the Website and Services:
- Interfering with or disrupting the operation of the Website, including by introducing viruses, malware, spyware or other harmful code.
- Attempting to gain unauthorized access to the Website’s servers, databases or other secure areas.
- Scraping, crawling, or harvesting any content or data from the Website without the Company’s prior written consent.
- Reproducing, distributing, modifying, or using any content from the Website for commercial purposes without the Company’s prior written consent.
- Using the Website to make false or fraudulent orders, or to engage in any other fraudulent or illegal activity.
- Harassing, abusing or threatening the Company’s team members or other users of the Website.
- Violating any applicable laws, regulations or third-party rights (e.g., intellectual property rights, privacy rights).
-
Website Content: All content on the Website, including product descriptions, images, text, logos, trademarks and graphics (the "Content"), is the exclusive property of the Company or its licensors and is protected by international copyright, trademark and other intellectual property laws. You may not copy, reproduce, distribute, modify, display or use any Content without the Company’s prior written consent.
-
Links to Third-Party Websites: The Website may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party websites or services. You access these links at your own risk, and the Company does not endorse or make any representations about these third-party websites or services.
Intellectual Property Rights
-
Company Intellectual Property: All intellectual property rights in the Website, Services and Content (including copyrights, trademarks, service marks, patents, trade secrets and all other proprietary rights) are owned by or licensed to the Company. These rights are protected by international intellectual property laws and treaties.
-
User Content: Any content that you submit or post on the Website (e.g., reviews, comments, feedback) (the "User Content") is your sole property, and you grant the Company a non-exclusive, worldwide, royalty-free, irrevocable license to use, reproduce, distribute, modify and display the User Content in connection with the Website and Services. You represent and warrant that you own all rights to the User Content, and that the User Content does not infringe the intellectual property rights or other rights of any third party.
-
Infringement Claims: If you believe that any content on the Website infringes your intellectual property rights, please contact our team at [email protected] with a detailed notice of the infringement, including proof of your ownership of the intellectual property rights and a description of the infringing content. We will investigate all infringement claims and take appropriate action (including removing the infringing content) in accordance with applicable law.
Disclaimers of Warranties
-
AS IS / AS AVAILABLE: The Website, Services and Content are provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, either express or implied. The Company disclaims all express, implied or statutory warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement and title.
-
No Warranty of Availability: The Company does not warrant that the Website or Services will be uninterrupted, error-free, secure or available at all times. The Company may temporarily suspend or modify the Website or Services for maintenance, updates or other reasons, with or without notice, and shall not be liable for any damages arising out of such suspension or modification.
-
Product Information: The Company makes every effort to ensure that product descriptions, images and other product information on the Website are accurate and up-to-date. However, the Company does not warrant that the product information is error-free, complete or current. Product images are for illustrative purposes only, and the actual product may vary slightly in appearance.
Limitation of Liability
-
General Limitation: To the fullest extent permitted by applicable law, the Company, its directors, officers, employees, agents and licensors shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of or in connection with your use of or inability to use the Website, Services or Content, or your purchase of products from the Website.
-
Liability Cap: The total aggregate liability of the Company to you for any claims arising out of or in connection with these Terms, the Website, Services or Content shall not exceed $100 USD, or the total purchase price of the order in question (whichever is higher).
-
Third-Party Liability: The Company shall not be liable for any damages or losses arising out of or in connection with your use of third-party payment processors, logistics partners or other third-party services in connection with your use of the Website and Services.
Indemnification
You agree to indemnify, defend and hold harmless the Company, its directors, officers, employees, agents and licensors from and against any and all claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of or in connection with:
- Your use of the Website and Services, including any violation of these Terms.
- Your purchase or use of the Company’s products.
- Your User Content, including any claim that the User Content infringes the intellectual property rights or other rights of a third party.
- Any unauthorized use of your Account by a third party.
Governing Law & Dispute Resolution
-
Governing Law: These Terms shall be governed by and construed in accordance with the laws of the United States of America, without regard to its conflict of law principles.
-
Dispute Resolution: Any dispute, controversy or claim arising out of or in connection with these Terms or the breach, termination or validity thereof shall first be resolved by good-faith negotiation between you and the Company. If the dispute cannot be resolved by negotiation within 30 days, the dispute shall be submitted to mediation by a neutral third party. If mediation is unsuccessful, the dispute shall be resolved by arbitration in accordance with the rules of the American Arbitration Association, and the arbitrator’s decision shall be final and binding on both parties.
-
Jurisdiction: You agree that any legal action arising out of or in connection with these Terms shall be brought exclusively in the federal or state courts located in the United States of America, and you consent to the personal jurisdiction of such courts.
Miscellaneous
-
Entire Agreement: These Terms, together with all other posted policies of the Company (including the Privacy Policy, Shipping Policy, Refund Policy, Customer Service Policy and Terms of Purchase), constitute the entire agreement between you and the Company with respect to your use of the Website and Services and your purchase of products from the Website, and supersede all prior or contemporaneous agreements, understandings and representations, whether oral or written.
-
Severability: If any provision of these Terms is found to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
-
No Waiver: The Company’s failure to enforce any provision of these Terms shall not constitute a waiver of such provision or the Company’s right to enforce such provision at a later time.
-
Assignment: The Company may assign these Terms to any third party at its sole discretion. You may not assign these Terms or any of your rights or obligations under these Terms without the Company’s prior written consent.
-
Contact Information: If you have any questions about these Terms, please contact our customer service team at [email protected].