Agreement between User and www.gravitydefyer.com

Welcome to www.gravitydefyer.com. The www.gravitydefyer.com website (hereby known as “Site”) is comprised of various web pages operated by Gravity Defyer: www.gravitydefyer.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (hereby known as “Terms”). Your use of www.gravitydefyer.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference. www.gravitydefyer.com is an e-commerce site. Gravity Defyer sells shoes, fashion apparel, and accessories.

Your use of www.gravitydefyer.com is subject to Gravity Defyer’s Privacy Policy. To review Gravity Defyer’s Privacy Policy, visit https://www.gravitydefyer.com/privacy-notice . Please review our Privacy Policy, which also governs the Site and informs user of our data collection practices. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Visiting www.gravitydefyer.com or sending emails to Gravity Defyer constitutes as electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Gravity Defyer is not responsible for third party access to your account that results from theft or misappropriation of your account. Gravity Defyer and its associates reserve the right to refuse or cancel services, terminate accounts, or remove or edit content at our sole discretion.

Gravity Defyer does not knowingly collect online and offline personal information from persons under the age of thirteen. If you are under 18, you may use www.gravitydefyer.com only with permission of a parent or guardian.

Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you. Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests. You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. Content provided on this site is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health related condition. Submissions or opinions expressed on this Site are that of the individual expressing such submission or opinion and may not reflect our opinions. Product representations expressed on this Site are that of the vendor and are not made by us.

We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You may be held liable for losses incurred by Gravity Defyer or any other user of or visitor to the Site due to someone else using your account and/or password as a result of your failing to keep your account information secure and confidential

Refunds are only available on purchases made directly from Gravity Defyer or www.gravitydefyer.com. To return your purchase for a refund or exchange, it must be returned within 30 days from the date stamped on your order's packing slip. Products must be returned in "Like New" condition in their original packaging with the completed return form shipped with your purchase for full refunds. Incomplete returns are not entitled to refund, exchange or store credit. In extenuating circumstances, it is at the discretion of the Customer Service Manager or Return Departments Manager to determine the qualification of a return, refund or exchange. Customers who purchased with check or money order will be refunded by check within 25 business days. Credits and credit balances resulting from exchanges or incomplete returns shall remain available in the accounts for a period of one year from the date of issuance, unless otherwise mandated by applicable law. Shipping and handling charges are non-refundable.

Credit or debit card purchases will be pre-authorized at the time of purchase. Depending on your bank provider this pre-authorization will be equal to the total value of your sales order. Your bank may hold this amount for up to 10 business days. Please make sure you have sufficient funds prior to placing your order. Gravity Defyer will complete your transaction by billing the total value of your sales order to your credit or debit card on the date your order ships from our warehouse. Purchases made under our "30 Day Free Trial" program will have the shipping and handling fees charged when their order ships from our warehouses. The balance will be charged 30 days after the original shipping date.

The Site may contain links to other websites (hereby referred to as “Linked Sites”). The Linked Sites are not under control of Gravity Defyer and Gravity Defyer is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Gravity Defyer is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Gravity Defyer of the site or any association with its operators. Certain services made available via www.gravitydefyer.com are delivered by third party sites and organizations by using any product, service or functionality originating from the www.gravitydefyer.com domain. You hereby acknowledge and consent that Gravity Defyer may share such information and data third party with who Gravity Defyer has a contractual relationship to provide the requested product, service or functionality on behalf of www.gravitydefyer.com users and customers.

You are granted a non-exclusive, non-transferable, revocable license to access and use www.gravitydefyer.com strictly in accordance with these terms of use. As a condition of your use of the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Gravity Defyer or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Gravity Defyer content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content solely for your personal use, and will make not other use of the content without the express written permission of Gravity Defyer and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Gravity Defyer or our licensors except as expressly authorized by these Terms.

You will be able to connect your Gravity Defyer account to third party accounts. By connecting your Gravity Defyer account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites) If you do not want information about you to be shared in this manner, do not use this feature.

This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.

You agree to indemnify, defend and hold harmless Gravity Defyer, its managers, directors, employees and third parties, for any lost costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, of your violation of any applicable laws, rules or regulations. Gravity Defyer reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Gravity Defyer in asserting any available defenses.

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

By using the Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Site. In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, weather in a contract, tort, or otherwise at law or in equity for damages or any other relief, then such a dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties.
The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of concerns these Terms of Use , the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms of Use or any disputes arising as a result of these Terms of Use, whether directly or indirectly, including tort claims that are a result of these Terms of Use. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitration. This arbitration provision shall survive the termination of these Terms of Use.

You agree to offer Gravity Defyer an opportunity to resolve any dispute or claim. Any dispute or claim relating in any way to your use of the Site, or to any products or services sold or distributed by Gravity Defyer or through the Site will thereafter be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

Except as otherwise provided in the standard terms of sale that govern the sale of each product on this Site, this Site, the products offered for sale on it and the transactions conducted through it are provided by us on an "as is" basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, or products included on this Site except as provided here www.gravitydefyer.com (and on the webpages to which that webpage links). To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non infringement, title, quiet enjoyment, data accuracy and system integration. This Site may include inaccuracies, mistakes or typographical errors. We do not warrant that the content will be uninterrupted or error free. To the maximum extent permitted by law, we will not be liable for any damages of any kind arising from the use of this site, including, but not limited to indirect, incidental, punitive, exemplary, special or consequential damages. To the maximum extent permitted by applicable law, our total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to us during the month immediately preceding the act allegedly giving rise to our liability.

Gravity Defyer reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Platform for any or no reason, without notice, and without liability to you or anyone else. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

Any feedback you provide at this site shall be deemed to be non-confidential. Gravity Defyer shall be free to use such information on an unrestricted basis unless otherwise agreed upon.

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:

Gravity Defyer Corporate Office
10643 Glenoaks Blvd.
Los Angeles, CA 91331

Gravity Defyer’s Customer Service department is available to assist your questions and immediate needs. We will ensure the best service standards to support you.

6:00 am - 7:00 pm PST Daily (except select holidays)

Email: customercare@gdefy.com