TERMS OF USE AND CONDITIONS OF SALE

 

Effective Date: July 28, 2026

 

OVERVIEW

 

These Terms of Use and Conditions of Sale (the "Terms" or "Agreement") govern your access to and use of https://shopfreespirited.com, checkout.shopfreespirited.com, insiders.shopfreespirited.com, all subdomains, affiliated landing pages, checkout pages, membership portals, mobile experiences, and related services operated under the Free Spirited brand (collectively, the "Website"). They also govern your purchase or use of our products, promotions, memberships, subscriptions, store credits, email and mobile messaging programs, and other services (collectively, the "Services").

 

Throughout these Terms, "Free Spirited," "we," "us," and "our" refer to the operator of the Website and the seller or provider of the applicable products and Services. "You" and "your" refer to each person who accesses the Website, places an order, creates an account, enrolls in a promotion, submits content, or joins or uses a membership.

 

By accessing or using the Website, placing an order, accepting an offer, enrolling in Free Spirited Insiders, creating an account, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and all policies incorporated by reference. If you do not agree, do not access the Website, place an order, or use the Services.

 

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 24 OR IF YOU TIMELY OPT OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 24 BELOW, WHICH DESCRIBE YOUR RIGHT TO OPT OUT.

 

These Terms include the Privacy Policy, Refund Policy, Shipping Information, any offer-specific terms shown at checkout, and any additional rules or policies expressly incorporated by reference. Where an offer-specific disclosure conflicts with a general provision of these Terms, the more specific disclosure will control for that offer to the extent of the conflict.

 

TABLE OF CONTENTS

 

 

1. AGREEMENT SCOPE AND ACCEPTANCE

 

These Terms apply to all users of the Website and Services, including browsers, customers, members, account holders, promotion participants, vendors, and persons who submit reviews, photographs, videos, comments, or other content.

 

You accept these Terms by clicking an acceptance box or button, completing a purchase or enrollment, creating or using an account, or accessing or continuing to use the Website after being presented with these Terms. Electronic acceptance has the same force and effect as a handwritten signature.

 

We may make additional terms available for a particular product, promotion, subscription, contest, or feature. Those additional terms are incorporated into this Agreement. If those additional terms conflict with these Terms, the additional terms control only with respect to the specific product, promotion, subscription, contest, or feature.

 

2. ELIGIBILITY, ACCOUNTS, AND ACCOUNT SECURITY

 

You represent that you are at least the age of majority in your place of residence, have the legal capacity to enter into this Agreement, and are not prohibited by law from using the Website or purchasing the applicable products or Services. The Website is not directed to children under 13.

 

You must provide current, complete, and accurate account, contact, billing, and shipping information. You are responsible for maintaining the confidentiality of your login credentials and for all activity conducted through your account. You must notify us promptly if you believe your account or payment information has been accessed or used without authorization.

 

You may not create accounts using false identities, impersonate another person, use another person's payment method without permission, or create multiple accounts to obtain duplicate trials, credits, discounts, refunds, or other benefits. We may use reasonable identifiers, including name, email address, telephone number, billing information, payment method, device information, and shipping address, to identify duplicate, fraudulent, or abusive accounts.

 

3. PRIVACY AND SECURITY DISCLOSURE

 

Our Privacy Policy is available at https://shopfreespirited.com/policies/privacy-policy and is incorporated into these Terms by reference. Please review it to understand how we collect, use, disclose, and protect personal information.

 

No method of transmitting or storing information is completely secure. Although we use measures designed to protect information, we do not guarantee that unauthorized third parties will never defeat those measures or access information improperly. You are responsible for using reasonable security precautions and for promptly notifying us of suspected unauthorized activity.

 

4. WEBSITE USE AND PROHIBITED CONDUCT

 

You may use the Website only for lawful, personal, and noncommercial purposes and in accordance with these Terms. You agree not to use or attempt to use the Website or Services to:

 

• violate any applicable international, federal, state, provincial, territorial, or local law, regulation, ordinance, or court order;
• infringe, misappropriate, or violate our rights or the rights of any other person, including intellectual property, privacy, publicity, contractual, or proprietary rights;
• hack, probe, scan, test, circumvent, disable, damage, overburden, disrupt, or interfere with the Website, its security, its servers, or any connected network;
• upload, transmit, or distribute viruses, malware, worms, time bombs, corrupted files, or other harmful or destructive code;
• use bots, spiders, scrapers, crawlers, data-mining tools, automated purchasing tools, or similar technology except as expressly authorized in writing;
• collect, harvest, track, or disclose another person's personal information without lawful authorization;
• publish, submit, or transmit content that is fraudulent, false, misleading, abusive, threatening, defamatory, obscene, discriminatory, infringing, or otherwise unlawful;
• interfere with another user's use of the Website, manipulate reviews or promotions, evade purchase limits, or exploit pricing or technical errors;
• resell, transfer, broker, or commercially exploit Website access, memberships, credits, discount codes, or benefits;
• impersonate any person or entity or misrepresent your identity, authority, affiliation, or the origin of any communication; or
• help or encourage another person to engage in prohibited conduct.

 

We may investigate suspected violations and may preserve and disclose information when reasonably necessary to comply with law, enforce these Terms, protect rights or safety, prevent fraud, or respond to lawful requests. We may cooperate with law enforcement and other authorities where appropriate.

 

5. WEBSITE CONTENT AND LIMITED LICENSE

 

The Website and all text, photographs, graphics, logos, icons, videos, audio, product names, designs, layouts, interfaces, software, code, databases, compilations, and other content made available through it (collectively, "Content") are owned by or licensed to Free Spirited and are protected by copyright, trademark, trade dress, and other laws.

 

Subject to your compliance with these Terms, we grant you a limited, revocable, nonexclusive, nontransferable, nonsublicensable license to access and view the Website and Content solely for your personal, noncommercial use. No ownership rights are transferred to you.

 

Except as expressly permitted in writing, you may not reproduce, modify, distribute, sell, rent, lease, publicly display, publicly perform, transmit, publish, archive, create derivative works from, frame, mirror, reverse engineer, or otherwise exploit any part of the Website or Content. You may not remove or alter copyright, trademark, or other proprietary notices or use our names, marks, logos, or hidden text without prior written permission.

 

6. PRODUCTS FOR PERSONAL USE; RESALE RESTRICTIONS

 

Unless we expressly approve a wholesale or commercial order in writing, products purchased through the Website are sold for personal, noncommercial use. You may not resell, redistribute, export for resale, relabel, modify for resale, or otherwise commercially exploit products purchased through consumer channels.

 

We may limit quantities, refuse or cancel orders, suspend accounts, or take other reasonable action where we believe an order is intended for unauthorized resale, diversion, fraud, abuse, or unlawful activity. Authorized wholesale transactions may be governed by separate written terms.

 

7. PRODUCT INFORMATION, AVAILABILITY, AND PRICING

 

We strive to provide accurate product descriptions, photographs, colors, sizes, prices, promotions, shipping charges, availability, and estimated delivery information. However, errors, omissions, delays, and inaccuracies may occur. We may correct information, update pricing, withdraw offers, limit quantities, or cancel an order affected by an error at any time, including after an order is submitted. If we cancel an order after payment, we will refund the amount charged for the canceled item or order.

 

Product photographs are illustrative. Screen settings, lighting, materials, hand-dyeing, manufacturing, and natural variation may cause actual colors, patterns, placement, measurements, or details to differ from photographs. Tie-dye and handmade products are unique, and reasonable variation is not a defect.

 

Products and sizes may be available in limited quantities. Placing an item in a cart does not reserve it. We do not guarantee that any product, size, color, promotion, member price, or Website feature will remain available.

 

Unless expressly displayed otherwise, prices and charges are stated in U.S. dollars. Your payment provider may apply exchange rates, foreign transaction fees, or other charges for transactions involving another currency. We do not control those charges.

 

8. PAYMENT AUTHORIZATION AND BILLING INFORMATION

 

By submitting payment information, you represent and warrant that you are authorized to use the payment method, the information is complete and accurate, and sufficient funds or credit are available. You authorize Free Spirited and its payment processors to charge the payment method for all amounts disclosed at checkout, including product prices, membership fees, shipping, taxes, duties collected by us, and other authorized charges.

 

We and our payment processors may participate in card-account updater services and may receive updated card numbers, expiration dates, or other account information from your issuer. You authorize us to update stored payment information and use the updated information for authorized recurring charges. You may contact your card issuer regarding any available opt-out rights.

 

We are not responsible for fees imposed by your bank, card issuer, payment provider, or currency-conversion service. If a payment is declined, reversed, returned, or charged back, we may suspend fulfillment, membership benefits, credits, or account access; cancel the order or membership; retry an authorized payment; or seek payment by another lawful method.

 

Nothing in these Terms limits any non-waivable right to dispute an unauthorized or erroneous charge. However, knowingly initiating a false, duplicative, or abusive payment dispute, including after receiving a refund, replacement, or other agreed resolution, may result in account suspension, cancellation, collection activity, or other lawful action.

 

9. ORDER PLACEMENT, REVIEW, AND ACCEPTANCE

 

Your order is an offer to purchase. An order confirmation, authorization hold, or other automated message confirms receipt but does not constitute acceptance. We accept an order when we ship the product or otherwise expressly confirm acceptance.

 

Before acceptance, we may review, verify, limit, refuse, or cancel an order for any lawful reason, including suspected fraud, unauthorized resale, inaccurate information, pricing or inventory errors, payment risk, shipment restrictions, prior account abuse, or inability to fulfill the order. We may request identity, payment, or address verification. Failure to provide requested information may result in cancellation.

 

If we refuse or cancel a paid order, we will issue an appropriate refund to the original payment method. We are not liable for losses arising from a refusal or cancellation beyond the amount you paid for the affected order, except where applicable law provides otherwise.

 

10. SHIPPING AND INTERNATIONAL ORDERS

 

We currently ship eligible products to addresses in the United States, Canada, the United Kingdom, and Australia. Current shipping information is available at https://shopfreespirited.com/pages/shipping. Available destinations, methods, carriers, rates, and estimates may change.

 

Orders typically require processing before shipment. Processing and delivery estimates are not guarantees. Made-to-order, customized, presale, backordered, or limited-release products may require additional time, and any product-specific estimate shown on the product page or at checkout will apply.

 

You must provide a complete and accurate shipping address, postal code, telephone number, and other delivery information. If you discover an error, contact us immediately at support@shopfreespirited.com or (252) 597-9371. We will attempt to help, but we cannot guarantee that an order can be changed, redirected, or canceled after submission.

 

To the fullest extent permitted by law, we are not responsible for delays, losses, returns, or additional charges caused by an incorrect or incomplete address, refusal of delivery, failure to retrieve a package, customs processing, carrier disruption, weather, labor interruption, natural disaster, government action, or another circumstance outside our reasonable control.

 

Unless expressly stated at checkout, international customers are responsible for customs duties, import taxes, tariffs, brokerage charges, handling fees, and other governmental or carrier charges imposed after purchase. Refusal to pay those charges or accept delivery may result in return, abandonment, or destruction of the shipment. Any refund will be subject to applicable law and may be reduced by nonrefundable shipping, duties, return costs, or other amounts incurred by us.

 

11. DELIVERY CONFIRMATION AND RISK OF LOSS

 

Carrier tracking, a delivery scan, photograph, signature, or other carrier confirmation may serve as evidence that a shipment was delivered to the address provided. A signature is not required unless we expressly state otherwise.

 

You are responsible for providing a reasonably secure delivery location and for retrieving packages promptly. After a carrier records delivery, loss, theft, misplacement, or damage occurring at the delivery location may be outside our control. We may assist with a carrier claim or provide another resolution in our discretion, but assistance does not constitute an admission of liability.

 

Risk of loss and title pass as provided by applicable law. Nothing in this section limits non-waivable rights relating to nondelivery, defective goods, or consumer guarantees.

 

12. RETURNS, EXCHANGES, AND PRODUCT REFUNDS

 

Our Refund Policy is available at https://shopfreespirited.com/policies/refund-policy and is incorporated into these Terms. Unless a product page, checkout disclosure, or applicable law provides otherwise, the following rules apply:

 

• You must request a return within 30 days after receiving the item.
• The item must be unworn or unused, with tags, in its original packaging, and accompanied by proof of purchase.
• You must obtain return authorization before sending an item. Unapproved returns may be refused or returned to you.
• When approved, we generally provide a prepaid, trackable return label. The label cost may be deducted from your refund unless the return results from a defective, damaged, or incorrect item or another error by Free Spirited.
• Original shipping charges are nonrefundable except where required by law.
• Products expressly marked "Final Sale" on the product page or at checkout are not returnable or exchangeable, except where required by law or where the product arrives damaged, defective, or incorrect. A promotional or discounted price alone does not make an item Final Sale.
• Gift cards, customized or personalized products, and other products expressly identified as nonreturnable are excluded, subject to applicable law.
• For a different size or color, you generally must return the original item and place a new order. Only one exchange request is permitted per order unless we approve otherwise.
• Approved product refunds are generally issued to the original payment method within 7 to 10 business days after receipt and inspection. Your financial institution may require additional time to post the refund.

 

Please inspect products promptly and contact us as soon as reasonably possible regarding damage, defects, or incorrect items. We may request photographs, packaging information, return of the product, or other reasonable documentation before providing a replacement, refund, or other resolution.

 

The Refund Policy in effect when you place your order will generally apply to that order. Nothing in these Terms restricts mandatory cancellation, return, refund, warranty, or consumer-guarantee rights that cannot lawfully be waived.

 

13. FREE SPIRITED INSIDERS MEMBERSHIP OVERVIEW

 

Free Spirited Insiders (the "Membership") provides access to the Free Spirited Insiders portal and membership benefits subject to these Terms. The guaranteed benefits of an active Membership in good standing are:

 

• a store credit issued under Sections 14 and 16; and
• access to members-only product pricing made available through the Insiders portal or another designated channel.

 

Members-only products, inventory, styles, sizes, discount amounts, and prices may vary. Membership does not guarantee that a particular product, size, color, price, or discount will remain available. We may also offer optional benefits, such as early access, special promotions, exclusive offers, or priority support. Optional benefits are promotional and are not guaranteed unless expressly identified as guaranteed.

 

Memberships, trials, accounts, and credits are personal and intended for individual consumer use. Unless we authorize otherwise, only one free trial is permitted per person. We may deny or revoke a trial or benefit where reasonably necessary to address duplicate accounts, shared payment methods, repeated enrollments, fraud, resale, or abuse.

 

14. 21-DAY FREE TRIAL AND TRIAL STORE CREDIT

 

The 21-day free trial begins on the date of enrollment. During the trial, you receive access to the Insiders portal, members-only pricing, and other available member benefits.

 

Upon enrollment, you receive one $30 trial store credit. Only one trial credit is issued during the free trial, even if the trial crosses into a new calendar month. The trial credit may be used during the 21-day trial and expires at 11:59 p.m. Eastern Time on the scheduled final day of the trial.

 

The trial credit is subject to all redemption restrictions in Section 16. It does not roll over, is not transferable, cannot be redeemed for cash, and has no cash value. If you cancel during the trial, recurring billing and future membership benefits end as described in Section 17, but an unused trial credit remains available until its original expiration. We may provide limited account or portal access reasonably necessary to redeem that already-issued credit.

 

The free trial does not generate more than one $30 credit. If the trial converts to a paid Membership, the first paid Membership charge does not generate an additional credit. Your first paid-member credit will be issued on the first day of the next calendar month, as described in Section 16.

 

15. PAID MEMBERSHIP BILLING AND AUTOMATIC RENEWAL

 

Unless you cancel before the 21-day trial ends, your Membership automatically converts to a paid Membership. You authorize us and our payment processors to charge the payment method provided at enrollment $24.95, plus applicable taxes, when the trial ends.

 

After the first paid charge, the Membership automatically renews monthly on the same numerical calendar day. If that numerical date does not exist in a particular month, the renewal will occur on the final calendar day of that month. For example, a Membership that would renew on the 31st will renew on the final day of a month that has fewer than 31 days and will return to the 31st in a later month that has that date.

 

You authorize recurring charges until cancellation becomes effective. The membership fee purchases access to the Membership program and its benefits. It does not constitute the purchase of a $30 gift card, bank deposit, stored-value account, or cash-equivalent instrument.

 

We may send enrollment confirmations, billing notices, renewal notices, cancellation confirmations, and other membership communications electronically. Any notice required by law will be provided in the manner and timeframe required by law. A courtesy reminder is not a condition of renewal except where applicable law provides otherwise.

 

16. MONTHLY STORE CREDITS AND REDEMPTION RULES

 

A. Issuance and Expiration

 

Each active paid member in good standing receives one $30 store credit on the first day of each calendar month. The credit expires at 11:59 p.m. Eastern Time on the final day of that same calendar month. Unused paid-member credits do not roll over. No new credit will be issued after cancellation becomes effective.

 

B. Eligible Use

 

A store credit may be applied only toward the purchase price of eligible physical products through the designated Insiders portal or another channel we expressly approve. It may not be applied to shipping, sales tax, other taxes or fees, gift cards, membership fees, subscriptions, or any excluded product identified at checkout.

 

C. One Transaction; No Partial Balance

 

Each $30 credit must be redeemed in one eligible transaction. Partial redemptions are not permitted. If the eligible product subtotal is less than $30, the unused portion is forfeited and will not remain available, be reissued, or be converted to cash. If the eligible subtotal exceeds the credit, you must pay the remaining product amount plus shipping, taxes, and fees using another accepted payment method.

 

D. No Discount Stacking

 

A store credit may not be combined in the same transaction with a promotional code, discount code, coupon, or similar offer unless we expressly permit the combination for a specific promotion. You must choose the applicable credit or the other discount at checkout.

 

E. Personal and Nontransferable

 

Credits are personal to the member and may be redeemed only through that member's account. Credits may not be sold, transferred, assigned, gifted, pooled, combined with another member's credit, or applied to another person's account. We may decline, cancel, or reverse a redemption reasonably believed to involve fraud, transfer, account manipulation, or abuse.

 

F. Returns Involving Credits

 

If a product purchased using a store credit is returned, restoration, replacement, or reissuance of the credit will be determined by Free Spirited on a case-by-case basis, subject to applicable law. We may restore all or part of a credit, issue a replacement credit with an expiration date, provide another appropriate resolution, or decline to reissue the credit.

 

G. Promotional Nature

 

Store credits are limited promotional membership benefits subject to these Terms. They are not gift cards, cash, deposits, bank accounts, or stored-value accounts. They may not be redeemed for cash and have no cash value. This characterization does not limit any right that cannot lawfully be waived.

 

17. MEMBERSHIP CANCELLATION, REFUNDS, FAILED PAYMENTS, AND CHANGES

 

A. How to Cancel

 

You may cancel at any time by:

 

• using the one-click cancellation option in the Free Spirited Insiders member portal at https://insiders.shopfreespirited.com/login;
• emailing support@shopfreespirited.com; or
• calling Customer Support at (252) 597-9371.

 

B. Effective Time

 

A portal cancellation is effective immediately upon submission. An email cancellation is effective when the cancellation request is received by Free Spirited. A telephone cancellation is effective when you communicate the request to Customer Support. Administrative processing delays will not extend the Membership or authorize an additional renewal charge.

 

If a renewal charge is processed after a timely cancellation request became effective, we will reverse or refund that renewal charge to the original payment method. We may request information reasonably necessary to locate and verify the account.

 

C. Effect of Cancellation

 

Cancellation stops future renewal charges and ends future Membership benefits. Any store credit issued before cancellation remains available until its original expiration. Cancellation does not extend the credit or create a new credit. We may maintain limited portal access reasonably necessary to redeem an already-issued credit.

 

D. Membership-Fee Refunds

 

Except where required by law, where a verified billing error occurred, or where a timely cancellation was not honored, membership fees are not automatically refundable. We review refund requests case by case and may provide a full refund, partial refund, store credit, or another appropriate resolution in our discretion.

 

E. Failed Payments

 

If an authorized recurring payment is declined or fails, we or our processors may retry the payment, use updated account information, notify you, suspend benefits or credits, or cancel the Membership. We are not obligated to issue benefits or credits while the account is past due. If the Membership is canceled for nonpayment, no additional recurring charges will be initiated unless you later re-enroll or otherwise authorize them.

 

F. Membership and Price Changes

 

We may modify Membership features, eligibility rules, redemption procedures, or pricing. We will provide advance notice of material price increases or other changes when required by law. A price change will apply only to future billing periods after the effective date stated in the notice. Where applicable law requires affirmative consent, we will obtain it before applying the change.

 

G. Suspension or Termination for Abuse

 

We may suspend or terminate a Membership, deny or reverse credits, cancel orders, or restrict future enrollment if we reasonably believe the account is involved in fraud, duplicate trials, unauthorized sharing, resale, payment abuse, chargeback abuse, manipulation of promotions, harassment, unlawful conduct, or another material violation of these Terms. Any refund or credit following such action will be determined in accordance with applicable law and these Terms.

 

18. REVIEWS, SUBMISSIONS, USER CONTENT, AND SOCIAL MEDIA

 

A. Submissions and License

 

We welcome reviews, photographs, videos, testimonials, comments, questions, ideas, feedback, contest entries, social media content, and other material you voluntarily submit, upload, send, post to our Website, provide in response to a permission request, or tag or mention Free Spirited in a manner reasonably intended for brand sharing (collectively, "Submissions").

 

By providing a Submission, you grant Free Spirited and its affiliates, licensees, service providers, successors, and assigns a worldwide, perpetual, irrevocable, nonexclusive, royalty-free, fully paid, transferable, and sublicensable license to use, reproduce, edit, crop, modify, adapt, translate, publish, distribute, display, perform, transmit, create derivative works from, and otherwise exploit the Submission in any media or format for lawful business purposes, including advertising, marketing, social media, email, Website content, product promotion, and internal use.

 

To the extent included with or reasonably associated with the Submission, you also grant the right to use your name, username, social media handle, image, likeness, voice, and biographical information in connection with the permitted use. Unless we separately agree in writing, no compensation, approval right, attribution, or notice is required.

 

Merely encountering content on a public social media account does not, by itself, establish that the content was submitted to us or that we have permission to use it in paid advertising. We may request additional confirmation where appropriate or required by law. You should not submit or tag content for brand use unless you are comfortable with the license described above.

 

B. Your Representations

 

You represent and warrant that you own or control all rights necessary to provide the Submission and grant the license; the Submission is truthful and accurate; the Submission does not infringe intellectual property, privacy, publicity, contractual, or other rights; and you have obtained permission from every identifiable person appearing in the Submission, including permission for commercial use where required.

 

C. Prohibited Content and Moderation

 

You may not submit content that is unlawful, fraudulent, defamatory, threatening, harassing, obscene, discriminatory, infringing, invasive of privacy, misleading, malicious, or designed to collect information, transmit harmful code, or manipulate reviews. We may monitor, edit, decline, remove, disable, or report content in our discretion, but we have no obligation to do so.

 

D. Feedback

 

Ideas, suggestions, methods, concepts, and other feedback about the Website, products, or Services are nonconfidential. We may use feedback without restriction, attribution, or compensation.

 

E. Social Media Platforms

 

Third-party platforms that host our social media presence are not controlled by us and have their own terms and privacy practices. User comments and opinions are those of the users and do not necessarily reflect Free Spirited's views. Report platform-specific misconduct through the platform's reporting tools in addition to contacting us where appropriate.

 

19. THIRD-PARTY SERVICES, TOOLS, AND LINKS

 

The Website may use or link to services, tools, content, applications, payment processors, shipping providers, social networks, or websites operated by third parties. We do not control and are not responsible for third-party availability, security, content, accuracy, privacy practices, terms, products, services, or conduct.

 

Access to third-party services is provided "as is" and at your own risk. You should review the applicable third-party terms and policies before using a third-party service or completing a transaction. Complaints or claims relating solely to a third party should be directed to that third party, without limiting any right you may have against us under applicable law.

 

20. ELECTRONIC COMMUNICATIONS

 

You consent to transact electronically and to receive agreements, disclosures, receipts, confirmations, notices, policies, and other communications electronically, including by email, Website posting, account message, or text message where you have consented to texts. Electronic communications satisfy any legal requirement that a communication be in writing, to the extent permitted by law.

 

You are responsible for maintaining a valid email address and telephone number and for checking communications. You may retain copies electronically or print them. Your consent to electronic communications does not waive any right to withdraw consent where applicable law provides that right.

 

21. SMS/MMS MOBILE MESSAGING TERMS

 

These mobile messaging terms apply to any SMS or MMS program offered by Free Spirited (the "Program"). By affirmatively opting in, you agree to receive recurring marketing or transactional messages at the telephone number you provide, which may include promotions, special offers, cart reminders, account alerts, order updates, and shipping notifications. Message frequency varies. Message and data rates may apply.

 

Consent to receive marketing text messages is not a condition of purchasing goods or Services. Messages may be sent using an automatic telephone dialing system or other automated technology. Transactional messages may be sent as permitted by law in connection with orders, accounts, or requests.

 

You may opt out at any time by replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to a Program message. You may receive one final confirmation message. For assistance, reply HELP or email support@shopfreespirited.com. An email request for support is not necessarily an effective SMS opt-out unless we confirm that the number has been removed, so replying STOP is the preferred method.

 

If you stop using or transfer a telephone number, you should opt out before the transfer and notify us where reasonably possible. You agree not to opt in a number you do not own or have authority to use. Carriers and messaging service providers are not liable for delayed or undelivered messages. Delivery depends on carrier and network availability and is outside our control.

 

We may change a sending number or short code and will provide notice where required. A request sent to an outdated number may not be received. The Program is provided on an "as is" basis and may not be available on all devices, networks, or locations. Your participation is also governed by our Privacy Policy and the dispute-resolution provisions in Section 24.

 

22. DISCLAIMER OF WARRANTIES

 

TO THE FULLEST EXTENT PERMITTED BY LAW, FREE SPIRITED DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

 

WE DO NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS; THAT INFORMATION WILL BE COMPLETE OR CURRENT; THAT A PRODUCT, MEMBERSHIP, CREDIT, PRICE, PROMOTION, OR FEATURE WILL REMAIN AVAILABLE; OR THAT PRODUCTS OR SERVICES WILL MEET EVERY EXPECTATION. PRODUCT VARIATIONS DESCRIBED IN SECTION 7 ARE NOT, BY THEMSELVES, DEFECTS.

 

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS. IN THOSE JURISDICTIONS, THESE DISCLAIMERS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

23. LIMITATION OF LIABILITY

 

TO THE FULLEST EXTENT PERMITTED BY LAW, FREE SPIRITED AND ITS OWNERS, MEMBERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SERVICE PROVIDERS, PAYMENT PROCESSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "FREE SPIRITED PARTIES") WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOST PROFITS, REVENUE, DATA, USE, GOODWILL, OR SAVINGS; BUSINESS INTERRUPTION; COST OF SUBSTITUTE GOODS OR SERVICES; OR SIMILAR LOSSES ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, PRODUCTS, MEMBERSHIP, CREDITS, THESE TERMS, OR THE PRIVACY POLICY, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF ALL FREE SPIRITED PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SAME EVENT OR RELATED EVENTS WILL NOT EXCEED USD $500.00. THIS LIMIT APPLIES IN THE AGGREGATE, NOT PER CLAIM, AND REGARDLESS OF WHETHER A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING ANY LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS, SO SOME PROVISIONS MAY NOT APPLY TO YOU.

 

24. MANDATORY ARBITRATION AND CLASS ACTION WAIVER

 

A. Informal Notice and Opportunity to Resolve

 

Before starting arbitration, the claimant must send an individualized written Notice of Dispute describing the claimant's name and contact information, account or order information, the facts and legal basis of the dispute, and the specific relief requested. The notice must be sent by email to support@shopfreespirited.com with the subject "Notice of Dispute" or by mail to Free Spirited, Attn: Legal Department, 25 SE 2nd Ave Ste 550 #112, Miami, FL 33131.

 

The parties will attempt in good faith to resolve the dispute for 60 days after receipt of a complete notice. Any applicable limitations period will be tolled during that 60-day period to the extent permitted by law. If the dispute is not resolved, either party may begin arbitration.

 

B. Agreement to Arbitrate

 

Except for the exceptions below, any dispute, claim, or controversy arising out of or relating to the Website, Services, products, Membership, store credits, advertising or marketing, communications, privacy practices, these Terms, the Privacy Policy, or the relationship between you and Free Spirited will be resolved by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its then-current Consumer Arbitration Rules and applicable fee schedule.

 

The Federal Arbitration Act, 9 U.S.C. Sections 1-16 (the "FAA"), governs the interpretation and enforcement of this arbitration agreement. The arbitrator will apply applicable substantive law consistent with the FAA and may award any individual remedy available in court, including statutory damages, declaratory relief, injunctive relief, and attorneys' fees where authorized by law.

 

C. Arbitrator Authority

 

The arbitrator, and not a court, will have exclusive authority to resolve disputes regarding the interpretation, applicability, enforceability, formation, scope, or validity of this arbitration agreement, including whether a claim is arbitrable, except that a court of competent jurisdiction will decide any dispute concerning the enforceability of the class-action waiver or the prohibition on representative or consolidated proceedings.

 

D. Individual Proceedings and Class Action Waiver

 

YOU AND FREE SPIRITED AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF DIFFERENT PERSONS OR PRESIDE OVER ANY CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE PROCEEDING, EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW OR THE AAA MASS ARBITRATION RULES DESCRIBED BELOW. THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY'S INDIVIDUAL CLAIM.

 

E. Mass Arbitration

 

If 25 or more similar arbitration demands are filed against the same party or related parties and coordinated or consistent representation is present, the AAA may designate the matters as a mass arbitration. The AAA Mass Arbitration Supplementary Rules and applicable consumer mass-arbitration fee schedule then in effect will apply. The parties agree to cooperate with the AAA and any process arbitrator regarding administrative, sequencing, mediation, and case-management procedures while preserving the individual nature of each claim.

 

F. Location, Format, and Fees

 

Arbitration may be conducted by documents, telephone, video conference, or an in-person hearing as permitted by the AAA rules. Unless the parties agree otherwise, an in-person consumer hearing will occur at a location reasonably convenient to the consumer or as determined under the AAA rules. Fees and arbitrator compensation will be allocated under the applicable AAA consumer rules and fee schedule. The business will pay amounts the AAA rules require the business to pay.

 

G. Exceptions

 

Either party may bring an eligible individual claim in small claims court. Either party may seek temporary or preliminary relief from a court where necessary to preserve the status quo or prevent immediate and irreparable harm pending arbitration. Free Spirited may seek injunctive or equitable relief in a state or federal court to prevent or stop actual or threatened infringement, misappropriation, unauthorized access, fraud, abuse, or violation of intellectual property or security rights.

 

H. Confidentiality

 

The parties will treat arbitration materials and proceedings as confidential to the extent permitted by law, except as reasonably necessary to pursue or defend the claim, enforce or challenge an award, comply with legal obligations, communicate with advisors, insurers, regulators, or government agencies, or exercise a protected legal right.

 

I. Jury Trial Waiver

 

If any dispute proceeds in court rather than arbitration, YOU AND FREE SPIRITED WAIVE ANY RIGHT TO A JURY TRIAL to the fullest extent permitted by law.

 

J. 30-Day Right to Opt Out

 

You may opt out of this arbitration agreement by sending a written notice within 30 days after the date you first accept these Terms. Existing users may opt out within 30 days after the Effective Date shown above. The notice must include your full name, mailing address, email address, telephone number, and a clear statement that you are opting out of the arbitration agreement in the Free Spirited Terms of Use. Send the notice by email to support@shopfreespirited.com with the subject "Arbitration Opt-Out" or by mail to Free Spirited, Attn: Legal Department, 25 SE 2nd Ave Ste 550 #112, Miami, FL 33131. Opting out will not affect any other part of these Terms.

 

K. Severability and Survival

 

If a final decision determines that a particular claim or remedy cannot be arbitrated, that claim or remedy will proceed in court after all arbitrable claims are resolved, unless applicable law requires otherwise. If the class-action waiver is found unenforceable for a particular claim or request for relief and the determination cannot be severed, the arbitration agreement will not apply to that claim or request. The remainder of this section will remain effective to the maximum extent permitted by law. This section survives termination of the relationship.

 

25. INDEMNIFICATION

 

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Free Spirited Parties from and against claims, demands, proceedings, liabilities, damages, judgments, settlements, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

 

• your breach of these Terms or any incorporated policy;
• your violation of law or the rights of another person;
• your misuse of the Website, Services, Membership, credits, promotions, products, or account;
• your Submissions, including claims involving intellectual property, privacy, publicity, defamation, or lack of permission; or
• fraudulent, abusive, or unauthorized activity conducted by you or through your account.

 

We may assume exclusive control of the defense of any matter subject to indemnification, and you agree to cooperate. You may not settle a claim in a manner that admits fault by, imposes obligations on, or affects the rights of a Free Spirited Party without our prior written consent. This section does not require a consumer to indemnify us for our own unlawful conduct where such indemnification is prohibited.

 

26. COPYRIGHT COMPLAINTS AND DMCA NOTICES

 

If you believe material available through the Website infringes a copyright you own or control, send a written notice to: Copyright Agent, Free Spirited, 25 SE 2nd Ave Ste 550 #112, Miami, FL 33131; telephone (252) 597-9371; email support@shopfreespirited.com.

 

A copyright notice should include:

 

1. a physical or electronic signature of a person authorized to act for the copyright owner;
2. identification of the copyrighted work claimed to have been infringed, or a representative list if multiple works are involved;
3. identification of the allegedly infringing material and information reasonably sufficient for us to locate it;
4. your name, mailing address, telephone number, and email address;
5. a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or law; and
6. a statement, made under penalty of perjury, that the information is accurate and that you are authorized to act for the copyright owner.

 

We may remove or disable access to material and notify the person who submitted it. We may terminate repeat infringers where appropriate. The identification of a contact in this section does not waive any requirement for formal designation or registration under applicable law.

 

27. ASSIGNMENT, NO WAIVER, AND SEVERABILITY

 

A. Assignment

 

You may not assign or transfer these Terms, an account, a Membership, or any rights or obligations without our prior written consent. Any attempted assignment in violation of this provision is void. We may assign or transfer these Terms and related rights or obligations, in whole or in part, to an affiliate, successor, purchaser, financing source, or other third party in connection with a merger, acquisition, reorganization, financing, sale of assets, transfer of business, or similar transaction, without additional consent to the extent permitted by law.

 

B. No Waiver

 

A failure or delay in exercising a right does not waive that right. A waiver is effective only if in writing and applies only to the specific circumstance stated. A single or partial exercise of a right does not prevent further exercise of that or another right.

 

C. Severability

 

Except as specifically provided in Section 24, if any provision is held unlawful, void, or unenforceable, it will be enforced to the maximum extent permitted and the unenforceable portion will be severed. The remaining provisions will remain in effect.

 

28. SUSPENSION, TERMINATION, AND SURVIVAL

 

We may suspend, restrict, or terminate Website access, accounts, orders, Memberships, credits, promotions, or Services at any time where reasonably necessary to protect the Website, customers, rights, security, legal compliance, payment integrity, or business operations, or where you violate these Terms. We may also discontinue all or part of the Website or Services.

 

Termination does not relieve either party of obligations or liabilities accrued before termination. Provisions that by their nature should survive will survive, including payment obligations, intellectual property, Submissions licenses, disclaimers, liability limitations, arbitration, indemnification, assignment, governing law, and enforcement provisions.

 

29. CHANGES, GOVERNING LAW, AND INTERNATIONAL CONSUMER RIGHTS

 

A. Changes to the Website and Terms

 

We may update the Website, Services, products, policies, or these Terms. The current version will be posted on the Terms page with an updated Effective Date. Where required by law, we will provide additional notice or obtain consent. Continued use after an update becomes effective constitutes acceptance to the extent permitted by law. Material changes to an active paid Membership will apply as described in Section 17.

 

B. Governing Law

 

Except for Section 24, which is governed by the Federal Arbitration Act, these Terms and any dispute not subject to arbitration are governed by the laws of the State of Florida, without regard to conflict-of-law principles, except to the extent mandatory law in your place of residence applies and cannot be waived.

 

C. Court Venue

 

Subject to Section 24 and any mandatory consumer venue rule, exclusive jurisdiction and venue for a dispute permitted to proceed in court will lie in the state or federal courts located in Broward County, Florida. You and Free Spirited consent to personal jurisdiction in those courts and waive objections based on venue or inconvenient forum, to the extent permitted by law.

 

D. International and Non-Waivable Consumer Rights

 

If you are a consumer in Canada, the United Kingdom, Australia, or another jurisdiction with mandatory consumer protections, nothing in these Terms excludes, restricts, or modifies a guarantee, warranty, remedy, cancellation right, refund right, forum right, or other protection that cannot lawfully be excluded, restricted, or modified. Where a provision conflicts with mandatory law, the mandatory law controls only to the extent of the conflict.

 

30. ENTIRE AGREEMENT, CONTACT INFORMATION, AND BUSINESS IDENTITY

 

A. Entire Agreement

 

These Terms, together with incorporated policies and any applicable offer-specific terms, constitute the entire agreement between you and Free Spirited regarding the Website, products, Membership, and Services and supersede prior or contemporaneous communications and agreements on the same subject. Headings are for convenience only and do not limit interpretation. Any ambiguity will not automatically be construed against the drafter.

 

B. Contact Information

 

Questions about an order, return, Membership, cancellation, or these Terms may be directed to:

 

C. Business Identity

 

The Website and Free Spirited brand are operated by Brosnan Consulting LLC, doing business as Free Spirited. The brand name "Free Spirited" is used throughout these Terms for readability and customer-facing identification.

 

END OF TERMS