Terms of service
IMPORTANT NOTICE — ARBITRATION AND CLASS ACTION WAIVER
These Terms of Service contain a binding arbitration provision and a waiver of your right to participate in class or collective actions.
Please read Sections 23 and 24 carefully, as they affect your legal rights and how disputes are resolved.
OVERVIEW
Welcome to Youth Labs! The terms “we”, “us” and “our” refer to Youth Labs. Youth Labs operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Youth Labs is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, purchasing, interacting with, or otherwise using our products or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (including the arbitration and class-action waiver provisions in Sections 23 and 24) and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information.
You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Youth Labs reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Youth Labs confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as Youth Labs may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Youth Labs, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Youth Labs, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Youth Labs.
Youth Labs’s names, logos, product and service names, designs, and slogans are trademarks of Youth Labs or its affiliates or licensors. You must not use such trademarks without the prior written permission of Youth Labs. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Youth Labs is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Youth Labs. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Youth Labs, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Youth Labs.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Youth Labs, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may suspend or terminate your access to the Services (or any part thereof) at any time, for any reason or no reason, without notice, subject to applicable law. You will remain liable for all amounts due up to and including the date of termination of access.
The following sections will continue to apply following any suspension or termination of access: Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, Informal Resolution and Mediation (Section 23), Binding Arbitration and Class-Action Waiver (Section 24), and any other provisions that by their nature should survive termination of access.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY Youth Labs, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Youth Labs, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
IN NO EVENT SHALL Youth Labs’s AGGREGATE LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON LIABILITY; IN SUCH CASES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
THESE LIMITATIONS SHALL NOT LIMIT LIABILITY FOR GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY LAW.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Youth Labs, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 21 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 22 — CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page. We may modify these Terms from time to time, as permitted by law, by updating, changing, or replacing any part of these Terms of Service and posting the revised version to our website.
If we make material changes that affect your rights or obligations, we will provide reasonable notice—such as by email, prominent notice on our website, or other legally required means—before those changes take effect.
Any updates or revisions to these Terms will apply prospectively only and will not affect any dispute or claim that has been filed or formally initiated before the effective date of such changes.
For purposes of these Terms, “use of the Services” includes visiting, browsing, purchasing, or otherwise interacting with our website or online store.
By continuing to use the Services after any changes become effective, you agree to the revised Terms.
Nothing in this section limits Youth Labs’ right to enforce any version of these Terms that applied at the time a dispute or claim arose.
SECTION 23 — INFORMAL RESOLUTION AND MEDIATION
Before either party may initiate arbitration, the parties agree to first attempt to resolve the dispute through a 30-day informal negotiation and mediation period.
During this period, either party may provide written notice describing the dispute and the relief sought. Within ten (10) days of receiving the notice, the parties will meet virtually or by telephone to attempt good-faith resolution through non-binding mediation administered by the American Arbitration Association (“AAA”) under its Mediation Procedures. If the AAA is unavailable to administer the mediation, the parties may agree to use another recognized mediation provider or conduct the mediation informally by mutual agreement.
If the dispute is not resolved within thirty (30) days after notice, either party may then initiate arbitration in accordance with the arbitration terms below.
The mediation filing fee will be paid by Youth Labs, except that each party will bear its own attorneys’ fees and costs. The mediation period does not toll any statute of limitations unless required by law.
Nothing in this section prevents either party from seeking individual injunctive or other equitable relief in court where permitted by law.
SECTION 24 — BINDING ARBITRATION AND CLASS-ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.
Before arbitration is filed, you must follow the informal resolution process described in Section 23.
By agreeing to these Terms of Service, you and Youth Labs agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services (a “Dispute”) will be resolved by binding arbitration on an individual basis, rather than in court.
You and Youth Labs acknowledge and agree that by entering into this arbitration agreement, you are waiving the right to a jury trial or to participate in a class action.
The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (available at www.adr.org). If the AAA is unavailable, unwilling, or declines jurisdiction for any reason, the arbitration will be administered by another recognized arbitration provider agreed upon by the parties, or, if necessary, appointed by a court of competent jurisdiction pursuant to Section 5 of the Federal Arbitration Act.
The arbitrator shall have exclusive authority to resolve any dispute regarding the interpretation, enforceability, or formation of this arbitration agreement.
The arbitrator shall have authority to award all remedies available under applicable law, including injunctive and monetary relief, to the same extent as a court.
Arbitration may be conducted virtually (by video or telephone) or, if both parties prefer an in-person hearing, in the county where you reside.
Youth Labs will pay all arbitration filing and administrative fees beyond the first $200 you pay to initiate a claim.
Frivolous or Improper Claims: If the arbitrator determines that a claim was frivolous or filed for an improper purpose, the arbitrator may reallocate arbitration fees or costs between the parties as appropriate.
Class-Action Waiver: You and Youth Labs agree that each may bring claims only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.
Exception — Public Injunctive Relief: Notwithstanding the foregoing, you may seek public injunctive relief in court under California law to the extent such claim is not waivable under the McGill rule.
Multiple Claims / Batch Arbitration: If twenty-five (25) or more similar arbitration demands are filed against Youth Labs or related parties, the AAA or the arbitrator may consolidate them into batches of up to twenty-five (25) cases each to promote efficiency and cost-effectiveness. Each batch shall be treated as a single arbitration for purposes of selecting arbitrators, paying fees, and conducting hearings. The arbitrator may adjust procedures to promote efficiency consistent with the AAA Consumer Rules.
Small-Claims Option: Either party may bring an individual claim in small-claims court instead of arbitration, so long as the claim remains in that court and is not removed or appealed to a court of general jurisdiction.
Fairness Notice: Nothing in this Section limits any rights or remedies you may have under applicable consumer-protection laws.
This arbitration agreement shall be governed by the Federal Arbitration Act (“FAA”) and, to the extent not preempted, the laws of the State of Nevada, without regard to conflict-of-law principles.
Judgment on the arbitration award may be entered in any court of competent jurisdiction. If any part of this Section is found unenforceable as to a specific claim, that claim may proceed in court, but the remaining provisions shall remain in effect.
This arbitration agreement is intended to be interpreted broadly and shall survive any suspension or termination of your access to the Services, or any termination of your relationship with Youth Labs.
SECTION 25 — GOVERNING LAW
These Terms of Service and any related dispute shall be governed by and construed in accordance with the Federal Arbitration Act and the laws of the State of Nevada, without regard to conflict-of-law principles.
To the extent any claim is permitted to proceed in court, you and Youth Labs agree to the exclusive jurisdiction of the state and federal courts located in Nevada and waive any objection to such venue.
SECTION 26 — CONTACT INFORMATION
If you have any questions about these Terms, please contact us at:
Email: support@helloyouthlabs.com