Last updated: March 01, 2023
Introduction
Welcome to the Pretty Frank® Deodorant, Unscented Deodorant website at pretty-frank.shop (the “Site”). This Site is owned and operated by Pretty Frank LLC (“Pretty Frank,” “we” “us” or “our”).
These Terms and Conditions (“Terms”) set forth the terms under which you may use our Site and shop for our products.
Please read these Terms carefully before using our Site or ordering any products. By using our Site, you agree to be bound by these Terms and all terms incorporated herein by reference. If you do not accept these Terms, do not use our Site.
We may periodically make changes to these Terms. It is your responsibility to review these Terms for any changes each time you use our Site. Your continued use of our Site after posting will signify your acceptance of and agreement to the revised Terms.
You must be at least 18 years old to use our Site or purchase our products.
Use of Our Site
Limited License. Pretty Frank grants you a limited, revocable, non-transferable license to access and use our Site solely for your own personal use. Any use of this Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
Account Information. You may browse our Site without registering for an account. However, to purchase products on our Site, you will need to register and create an account with us.
When you create an account, you agree to provide accurate, current and complete account information about yourself. You also agree to promptly update your account information to keep it accurate, current and complete.
You are solely responsible for any activity that occurs under your account, including unauthorized activity, so please protect the confidentiality of your username and password. Let us know immediately if you believe your account has been compromised.
We reserve the right to take any and all action we deem necessary or reasonable to maintain the security of our Site and your account, including without limitation terminating your account, changing your password or requesting additional information to authorize transactions on your account.
Intellectual Property. Our Site and all content on our Site, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations, software, and the compilation thereof (collectively, “Content”) is the property of Pretty Frank, our affiliates, partners or licensors, and is protected by United States and international copyright and trademark laws, with all rights reserved.
Trademarks. Pretty Frank®, the Pretty Frank logo, and other Pretty Frank graphics, logos, designs, page headers, button icons, scripts and service names are trademarks or trade dress of Pretty Frank. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Pretty Frank.
Your Feedback. If you choose to provide suggestions, ideas, or other feedback to Pretty Frank relating to the Site or our products (“Feedback”), you agree that we are free to use such Feedback without compensation or attribution to you. You grant Pretty Frank an perpetual, irrevocable, non-exclusive, royalty-free, fully paid license to use, reproduce, modify, publish, translate, create derivative works from, distribute, and display your Feedback in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works.
Purchase Policies
Order Acceptance. All orders for products on our Site are subject to acceptance by us at our office in Nashville, Tennessee. We reserve the right to reject any order for any reason.
Prices and Payment. All prices posted on our Site are quoted in U.S. dollars. We accept payments online through credit and debit cards processed through a third-party payment processor.
The total cost of your order will include the price of the product plus any applicable sales tax and shipping charges. These charges will be clearly displayed to you on our checkout page prior to submitting your order.
Promotional codes and other discounts will be reflected at checkout.
Shipping and Delivery. We will arrange for our products to be shipped to you based on the delivery method you choose when placing your order.
Shipment timing may vary due to product availability, order processing, and delivery location. We will send you a shipment confirmation email with details on estimated delivery timing for your order.
Title and Risk of Loss. Title to products and risk of loss will pass to you when your order is delivered to you by our carrier.
Sales Tax. We are required by law to collect applicable state and local sales tax on orders shipped to certain states and territories. Taxes will be calculated and presented during checkout prior to submitting your order.
Returns and Refunds. We stand behind the quality of our products and your satisfaction with your purchase. You may return most unused products in their original condition within 30 days of delivery for a full refund of the purchase price. Shipping charges are non-refundable.
To request a return, visit our Returns Center online or contact our Customer Service department. We will provide instructions on how and where to send the products, along with a return merchandise authorization (RMA) number.
Write the RMA number on the outside of the package and enclose the invoice that accompanied your order. Ship returns within 5 days of receiving the RMA or the return may be rejected. We do not accept COD shipments. Refunds will be credited to the original form of payment used to place the order.
Product Warranties. We offer a limited manufacturer’s warranty that our products will be free from defects in materials and workmanship for a period of one year from date of purchase, subject to the terms and conditions found on our Warranty page.
Disclaimer of Liability. We strive to accurately depict product colors, ingredients and other details on our Site, but actual colors and ingredients may vary based on your monitor and settings. Images of products and packaging on the Site may differ from the actual products you receive.
Limitation of Liability. IN NO EVENT SHALL PRETTY FRANK, ITS AFFILIATES, LICENSORS OR BUSINESS PARTNERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THIS SITE OR OUR PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS SITE EXCEED THE AMOUNTS PAID BY YOU FOR PRODUCTS PURCHASED ON THIS SITE IN THE PAST TWELVE MONTHS.
THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
Conduct on Our Site
You agree to use our Site legally, ethically and in accordance with these Terms. You agree not to:
- use our Site for any political or commercial purpose;
- engage in false advertising or fraudulent activity in connection with products sold on our Site;
- post offensive, obscene, pornographic, threatening, abusive or defamatory content;
- distribute viruses, worms, defects, Trojan horses, corrupted files or any other items of a destructive or deceptive nature;
- violate the rights of others, including their privacy rights and rights of publicity;
- violate any applicable laws, regulations, or codes of practice;
- use our Site to distribute unsolicited commercial messages or advertisements;
- infringe the copyright, trademark or other intellectual property rights of any third party;
- interfere with or bypass any security features of our Site;
- gain unauthorized access to our Site, servers or computer systems; or
- interfere with the proper operation of our Site.
We reserve the right to terminate your account or deny you access to our Site if you engage in conduct that we determine is inappropriate or harmful to our business, users or any other person or entity.
User Content
If you post, upload or otherwise submit photographs, comments and other content to our Site (“User Content”), you grant Pretty Frank a non-exclusive, royalty-free, perpetual, irrevocable worldwide license to use, reproduce, modify, publish, translate, distribute and display your User Content, either on its own or as part of other works in any form, media, or technology, whether now known or hereafter developed, solely for promoting our brand and products.
You represent and warrant that any User Content you provide does not violate any third party’s rights, including intellectual property rights and rights of privacy and publicity, and complies with applicable laws and regulations. You further understand that we have no control over and are not responsible for how others may use or misuse your User Content after it is posted.
We may modify or remove your User Content from our Site in our sole discretion without prior notice or liability to you of any kind. You are solely responsible for creating backup copies and replacing any User Content you provide if we delete or modify such User Content.
You retain all ownership rights in your User Content, subject to the limited license granted to us herein. If you believe your intellectual property rights have been infringed on our Site, please notify our Legal department immediately.
Privacy Policy
Please review our Privacy Policy to understand how we collect, use, and disclose information from our users.
Advertising and Affiliate Marketing Programs
Display Advertising. We allow trusted third party advertising networks to display ads on our Site. These networks may use cookies, web beacons, device identifiers and similar technologies to collect information about your use of our Site and other websites and online services. They may use this information to display ads that may be relevant to your interests on our Site as well as other websites and mobile apps.
The advertising networks that serve ads on our Site may include Google AdSense, Facebook, and other networks which we may add from time to time. These networks will have access to and may set cookies on your device. You may opt-out of personalized ads by visiting the Network Advertising Initiative’s consumer opt-out page.
Affiliate Marketing. We participate in affiliate marketing programs which allow us to earn fees by linking to sites operated by affiliate partners. We place affiliate links throughout our content where appropriate.
Clicking these links and purchasing products may result in a small commission paid to us at no additional cost to you. Please see our Affiliate Disclosure for more details about these programs.
Governing Law
These Terms and your access to and use of our Site will be governed by and construed in accordance with the laws of the State of Tennessee, without regard to conflict of law rules or principles. Any legal proceedings arising out of or relating to these Terms or our Site will be subject to the exclusive jurisdiction of the state and federal courts located in Nashville, Tennessee, and you hereby consent to the personal jurisdiction of and venue in these courts.
Termination
These Terms are effective unless and until terminated by Pretty Frank or you. You may terminate these Terms at any time by discontinuing your use of our Site and destroying or deleting all Content obtained from our Site that remains in your possession.
Your access to our Site may be terminated immediately by Pretty Frank, in our sole discretion, with or without cause and with or without notice, including for violation of these Terms. We reserve the right to discontinue operating the Site and terminate these Terms for any business reason without liability to you.
Provisions that should reasonably survive termination of these Terms will remain in effect following termination.
General Provisions
Entire Agreement. These Terms constitute the entire agreement between you and Pretty Frank relating to their subject matter and supersede any and all prior or contemporaneous written and oral agreements or understandings between you and Pretty Frank relating thereto.
Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder without our express written consent. Pretty Frank may assign our rights and obligations under these Terms without condition.
No Waiver. No waiver under these Terms will be valid or binding unless set forth in writing and duly executed by the party against whom enforcement of such waiver is sought. Any such waiver will constitute a waiver only with respect to the specific matter described therein and will in no way impair the rights of the party granting such waiver in any other respect or at any other time. Any delay or forbearance by either party in exercising any right hereunder will not be deemed a waiver of that right.
Force Majeure. We will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical, telecommunications, hardware, software or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war, changes in Internet regulations or the rules and regulations of any exchanges on which cryptocurrency may be traded.
Severability. If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
Interpretation. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.
No Third Party Beneficiaries. Nothing in these Terms, express or implied, is intended to or will confer any rights or remedies upon any person other than the parties to these Terms.
Independent Contractors. The relationship between you and Pretty Frank is that of independent contractors. Nothing in these Terms creates any agency, partnership, joint venture or employee relationship.
No Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted on an individual basis. Neither you nor Pretty Frank will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity.
Questions. If you have any questions, comments or complaints regarding these Terms or our Site, please contact us at:
Pretty Frank LLC
123 Main St.
Nashville, TN 37201
Email: [email protected]
