These terms and conditions (the “Terms & Conditions”) apply to www.wearime.com (the “Website” or the “Site”). The Site is operated by Insp!re Me, LLC d/b/a IMEbyDani (“IMEbyDani,” “we,” “us,” or “our”). IMEbyDani offers the Site, including all information, tools and services available from this Site, to you, the user (“you” or “User”), conditioned upon your acceptance of the terms, conditions, policies, and notices stated herein. Your use of this Site constitutes your agreement to the Terms & Conditions which may be updated by us from time to time without providing you notice.
Description and Use of Our Websites
We provide Users with access to the Site as described below, and make the following distinctions between Users:
A Visitor is a User who has not created an Account with IMEbyDani. Without logging into the Site, a Visitor may: (i) view all publicly-available content on the Site; and (ii) e-mail us.
A Member is a User who has created an Account with IMEbyDani and may log in to the Site. A Member may: (i) view all publicly-available content on the Site; (ii) e-mail us; (iii) purchase products through the Site; (iv) access exclusive content available only to Members; (v) create, access, manage, and update his or her own personal accounts on the Site; and (vi) post comments and other content on the Site.
IMEbyDani may accept or reject any Member in its sole and complete discretion. In addition, IMEbyDani may deactivate any Account at any time, including, but not limited to, when a Member has violated these Terms & Conditions.
By accessing and/or using the Site, you agree to comply with the following Site Guidelines (the “Site Guidelines”):
- You will comply with all applicable laws (see section titled “Jurisdiction and Applicable Law” herein) in your access or use of the Site and will not use the Site for any unlawful purpose within the scope of these Terms & Conditions;
- You will not upload, post, e-mail, transmit, or otherwise make available any content that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
- is false, inaccurate, misleading, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
- discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar personal information.
- You will not stalk, threaten, or otherwise harass another person;
- You will not access or use the Site to collect any market research for a competing business;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not interfere with or attempt to interrupt the proper operation of the Site through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Site through hacking, password or data mining, or any other means;
- You will not distribute or post spam, unsolicited bulk electronic communications, chain letters, or pyramid schemes;
- You will not copy, modify, or distribute any content or materials from the Site, any services or tools, or any of IMEbyDani trademarks;
- You will not harvest or otherwise collect any information about other Users, including email addresses or user preferences without their or IMEbyDani’s express written consent; and
- You will not hack, modify, circumvent, or otherwise attempt to access portions of data contained within the Site that are not explicitly presented to you.
Access to the Site is restricted to individuals aged 18 years or older. While using the Site, User agrees not to use the site if User is not able to form legally binding contracts, or is temporarily or indefinitely suspended from using the Site.
Without limiting any other remedies, IMEbyDani may limit, suspend, or terminate any User’s access or ability to use the Site and its content, if IMEbyDani determines in its sole discretion that such User is or may be violating these Terms & Conditions; or acting inconsistently with the letter or spirit of IMEbyDani’s policies, or is otherwise creating a negative user experience for other Users. IMEbyDani reserves the right to cancel unconfirmed accounts that have been inactive for an extended period of time, or to modify or discontinue any part of or all of the Site. IMEbyDani reserves the right to take any technical or legal steps to prevent misuse of the Site and to delay or remove hosted content for any reason.
Sign-In Name; Password; Unique Identifiers
If you are a Member, you will be prompted to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you shall provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password and Unique Identifiers shall be used by only one Member. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered or payments made through the Site using one or more of them. You shall promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. IMEbyDani will not be liable for any loss or damage caused by any unauthorized use of your account.
Our Products; Terms of Sale
IMEbyDani offers a variety of apparel, including t-shirts, tank-tops, leggings, and sports bras through the Site. All amounts due for retail purchases of IMEbyDani products are payable in full at the time of purchase. At this time, IMEbyDani is only accepting domestic (USA) shipments.
Your placement of an order does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all of the information required by us to complete your order. Once a properly completed order is received, authorization of your form of payment is received, and we have accepted your order, we will promptly place your order in line for shipment.
All prices for products (and the associated costs of shipping and tax) are shown in U.S. dollars. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.
IMEbyDani currently accepts all major credit cards. By submitting your order, you represent and warrant that you are authorized to use the designated credit card and authorize us (or our third-party payment processor) to charge your order (including taxes, shipping, and handling) to that card. If the card cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or cancelled automatically. In the event you pay for IMEbyDani products by credit card and subsequently “charge back” your purchase through your merchant account provider, IMEbyDani reserves the right to terminate these Terms & Conditions and all pending orders and transactions immediately, in addition to any and all available remedies at law or in equity.
You shall provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). If payment of all applicable fees and taxes is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance.
IMEbyDani may choose to temporarily reduce fees for promotional events or to promote new services (a “Promotional Event”), and such changes shall be effective upon posting of notice of the Promotional Event on the Site. IMEbyDani reserves the right to cancel any Promotional Event before its originally stated expiration date, without notice, and at IMEbyDani’s sole discretion.
Unless otherwise stated, all fees are quoted in U.S. Dollars.
Shipping Terms and Policies
We endeavor to ship all orders for in-stock items within one (1) to three (3) business days. Our standard business hours are Monday through Friday, 9 a.m. to 5 p.m. Eastern Standard Time. Shipping is typically via USPS and you should allow five (5) to eight (8) business days for standard delivery once an order has been shipped. We reserve the right to substitute another carrier of equal or lesser cost to deliver your order. If expedited shipping is required, please select that as your shipping choice.
All shipping charges are your responsibility, unless waived by IMEbyDani. Shipping charges will be included on your invoice and can be viewed prior to finalizing your order. The shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice.
All orders are shipped FOB shipping point. Title to products passes from IMEbyDani to you upon shipment and we are not responsible for any shipping delays or problems once the product has been shipped.
Out of Stock Items
At this time, IMEbyDani will not back order items that are out of stock. If an item on your order is out of stock, we will contact you via e-mail. If your credit card was already charged for that item, you will receive a refund.
Returns and Exchanges Policy
Our return policy is simple. If you are not completely satisfied with your purchase, you may return your item for a full refund, or exchange the item for another item of equal value within a fourteen (14) day period. Don’t worry: the fourteen (14) days starts from the day you receive the order.
In order to be eligible for a return and/or exchange, the items must be unwashed and unworn and be accompanied with an invoice or other proof of payment.
Returning or exchanging items is easy. Just send an e-mail to firstname.lastname@example.org with the following information:
- Your name, mailing address, and telephone number;
- The order number from our original packing slip or invoice;
- Whether or not the package was opened;
- Whether you are exchanging the item or requesting a refund; and
- The reason for your return or exchange
You will receive a return shipping label via e-mail. Just place the item in a box with your original packing slip or invoice, and IMEbyDani will take care of your return or exchange in a timely manner. If your return or exchange was due to the fault of IMEbyDani (for example, we sent you the wrong item), or if the return was damaged in transit, IMEbyDani will pay the return postage for your return or exchange and (for exchanges) the shipping cost for the new or substitute item. Otherwise, IMEbyDani will not be obligated for the return postage for your return or exchange, or for any additional shipping and handling charges, which will be your responsibility. Please note that refunds are not issued for any expedited shipping or international shipping charges (such as USPS priority, UPS, or Federal Express two-day, next day, or overnight services), regardless of the reason for your return or exchange.
Should you request a refund, we will process it within ten (10) days of our receipt of the item. The refund will be posted on the same credit card used at the time of purchase. Please note that banks may require additional time to process and post the refund transaction.
After fourteen (14) days has passed from your order delivery, there will be no refunds or exchanges.
For more information please contact us at email@example.com.
All text, images, marks, logos, compilations, and other content of the Site, excluding any Member Content (collectively referred to as the “Content”) are proprietary to IMEbyDani or to third parties. All software used on the Site is proprietary to IMEbyDani or to third parties, and any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation, or other reduction of such software to human-readable form is prohibited.
The Content is protected under both United States and foreign laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited without IMEbyDani’s prior written consent.
The trademarks, service marks, and logos of IMEbyDani, including “IMEbyDani” and “IME ¿WYS?” (the “Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of IMEbyDani. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific to each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing.
All goodwill generated from the use of IMEbyDani Trademarks inures to our benefit.
None of the Content may be retransmitted without our express, written consent for each and every instance.
“Member Content” means any photographs, images, text, drawings, pictures, comments, questions, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information, provided by the Member to IMEbyDani, whether in the form of email or submissions to IMEbyDani, or postings on the Site, or testimonials about IMEbyDani. When you submit Member Content to IMEbyDani, you grant IMEbyDani a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right under all copyright, trademark, patent, trade secret, publicity, privacy and other proprietary or intellectual property rights in the Member Content, to use, copy, modify, make derivative works, publish, broadcast, display, and distribute the Member Content in any media known now or in the future. You represent and warrant that you have all right, title, and interest in and to such copyright, trademark, publicity and database rights as are necessary to grant the above rights to IMEbyDani.
Communications With Us
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in or derived from your communications for any purpose whatsoever including but not limited to the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
No Warranties; Limitation of Liability
THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXCLUDING THOSE EXPLICITLY SET FORTH HERE OR ELSEWHERE ON THE SITE, AND INCLUDING BUT NOT LIMITED TO THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
(I) WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SITE FROM WHATEVER CAUSE, AND YOU AGREE THAT YOU USE THE CONTENT AND THE SITE AT YOUR OWN RISK;
(II) WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE;
(III) WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND,
(IV) OUR AGGREGATE LIABILITY SHALL BE LIMITED TO THE AMOUNT YOU HAVE PAID US IN CONNECTION WITH THE APPLICABLE ORDER OR MATTER GIVING RISE TO THE CLAIM.
IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
IMEbyDani, including its officers, directors, employees and affiliates shall not be responsible for, and hereby disclaims any and all liability for death or personal injury unless caused by IMEbyDani’s or such person’s gross negligence or willful misconduct. Whether or not IMEbyDani has been advised of the possibility of such damages, IMEbyDani will not have any liability to you for any claim to the extent that such claim arises out of, is in connection with the IMEbyDani services, or can be characterized as a claim for: loss of revenue or profits, loss of business opportunity or loss of contracts, loss of goodwill or injury to reputation, indirect, incidental, consequential, exemplary or special loss or damage; or anticipated savings.
IMEbyDani shall not be liable to you and will not be deemed to be in breach of these Terms & Conditions for any delay in performing, or failure to perform services where such delay or failure is due to causes or events beyond IMEbyDani’s reasonable control.
Applicable law may not allow the limitation or liability as set forth in this Section of these Terms & Conditions so limitation of liability may not apply to you. IF ANY PART OF THIS LIMITATION OF LIABILITY IN THIS SECTION IS FOUND TO BE INVALID, INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON THEN THE AGGREGATE LIABILITY OF IMEBYDANI AND ITS AFFILIATES IN SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE GREATER OF TWO HUNDRED DOLLARS ($200.00) OR THE AGGREGRATE PAID BY YOU TO IMEBYDANI WITH RESPECT TO THE TRANSACTION FOR WHICH SUCH LIABILITY IS CLAIMED, and under all circumstances, you are solely responsible for making your own arrangements for the payment or insurance of any excess loss.
The Site may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others outside the scope of IMEbyDani agency. You are solely responsible for contacting the site administrator or webmaster for any such External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You are solely responsible for taking precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
IMEbyDani takes the intellectual property rights of others seriously and complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended).
If you have any complaints or objections to material posted on the Site, you may contact us at firstname.lastname@example.org.
Please make sure to use the subject line “DMCA Notice” and provide the following information to our Copyright Agent (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, including, without limitation, telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
IMEbyDani warrants that it will keep secret any confidential information that IMEbyDani possesses concerning the Member using a degree of care equal to the degree of care that IMEbyDani uses in connection with the treatment of its own confidential information, but in no event less than reasonable care. IMEbyDani will not copy, publish, use or disclose a Member’s confidential information except that such confidential information may be disclosed (i) to employees or vendors on a need to know basis and as may be reasonably required in connection with the performance of IMEbyDani obligations under these Terms & Conditions, or (ii) in connection with the defense of any action; or (iii) as authorized by the Member or by these Terms & Conditions. If IMEbyDani is required (by oral questions, interrogatories, requests for information or documents, subpoena, civil investigation demand or similar process) to disclose any confidential information of the Member, IMEbyDani will reasonably cooperate with the Member and provide the Member with prompt notice of such request(s) as reasonably possible or so that the Member may seek an appropriate protective order.
The obligation at this Section shall cease to apply to information or knowledge which (i) has become public knowledge otherwise than through any unauthorized disclosure or other breach by IMEbyDani; (ii) IMEbyDani lawfully receives from a third party without restriction on disclosure and without breach or nondisclosure obligation; or (iii) IMEbyDani knew prior to receiving or acquiring such information or develops such information independently.
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms & Conditions or your access to, use, or misuse of the Content or the Site. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
Jurisdiction and Applicable Law
The laws of the State of New York govern these Terms & Conditions and your use of the Site, and, subject to the arbitration provisions contained herein, you irrevocably consent to the exclusive jurisdiction of, and venue in, any federal or state court of competent jurisdiction located in the State of New York, County of New York for purposes of adjudicating any action arising out of or relating to these Terms & Conditions or use of the Site, except for those matters to be arbitrated. Although Users may access this site from other jurisdictions, this Site is designed to comply with the laws of the State of New York and of the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
We reserve the exclusive right, in our sole discretion, to restrict, suspend, or terminate your access to all or any part of the Site, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability.
Any dispute, claim or controversy between you and IMEbyDani arising out of, relating to, associated with these Terms & Conditions (and the terms and provisions contained therein), or the breach thereof, the Content, or the Site (each a “Claim”) shall be submitted to and determined by arbitration in the State of New York, County of New York, pursuant to the rules then obtaining of the American Arbitration Association, before a single arbitrator. The determination of the arbitrator shall be final binding and conclusive upon all parties and may be enforced not only in the courts of the State of New York, County of New York, to which jurisdiction the parties hereto agree to submit, but in any court of competent jurisdiction. Notwithstanding the foregoing, any party hereto may seek interim or provisional equitable relief in a court specified in herein, prior to the commencement of an arbitration proceeding without waiving his right to demand or proceed to arbitration herein, in order to enjoin the breach or threatened breach of any of the terms and provisions hereunder.
The arbitrator sitting in any dispute or controversy arising hereunder shall not have the authority or the power to modify or alter any express condition or provision of these Terms & Conditions to render an award which by its terms, has the effect of altering or modifying any express condition or provision of this agreement, and the arbitrator’s failure to comply with this provision shall constitute grounds for vacating an award.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the Claim between IMEbyDani and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If any court of competent jurisdiction, arbitrator or arbitration panel finds any provision of these Terms & Conditions to be unenforceable, the remaining provisions shall be unimpaired and the unenforceable provision shall be reformed without further action by the parties and only to the extent necessary to make such provision valid and enforceable to achieve the like fundamental benefits, effect and economic intent of such provision.
Revisions to the Terms & Conditions. IMEbyDani may revise the Terms & Conditions from time to time and will notify Users in writing of any such revision. Your continuing use of the Site and its services will indicate your acceptance of the revised Terms & Conditions in any event.
No Third-Party Beneficiary Rights. No person, firm, corporation, partnership, business, entity or business organization, except as specifically provided for herein, shall be deemed a third-party beneficiary under these Terms & Conditions.
Waiver. Our failure to act on or enforce any provision of these Terms & Conditions shall not be construed as a waiver of that provision or any other provision in these Terms & Conditions. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
Assignment. You may not assign these Terms & Conditions, or any rights, benefits or obligations hereunder, by operation of law or otherwise, without the express written permission of IMEbyDani which may be granted or withheld in IMEbyDani’s sole and absolute discretion. Any attempted assignment that does not comply with these Terms & Conditions shall be null and void. IMEbyDani may assign its rights, benefits or obligations hereunder, in whole or in part, to any third-party in its sole discretion at any time.
Survival. Any provision of these Terms & Conditions which, by its nature, would survive Termination or expiration of these Terms & Conditions will survive any such Termination or expiration of these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Amendments Must Be In Writing. Except as otherwise provided herein, IMEbyDani shall not be bound by any amendment, supplement, cancellation or discharge of the Terms & Conditions except if the same is in writing and signed by an authorized officer of IMEbyDani.
Effective Date of Current Terms & Conditions: June 1, 2020