Terms of Use
(Last updated June 18, 2019)
IMPORTANT: THESE TERMS OF USE REQUIRE THE BINDING ARBITRATION OF DISPUTES (OTHER THAN CERTAIN SMALL CLAIMS) AND WAIVE CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS, AS STATED IN THE “RESOLUTION OF DISPUTES” PROVISION. PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND I HAVE ISSUES® INC. THAT CONDITIONS YOUR USE OF THE SERVICES. BY USING, PARTICIPATING IN, OR ACCESSING IHI SERVICES (AS DEFINED BELOW), YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHOULD NOT ACCESS OR USE THE SERVICES.
ACCEPTANCE OF THE TERMS OF USE
Welcome and thank you for using the services offered by I Have Issues® Inc., and its affiliates ("IHI"). The following Terms of Use govern all websites (including but not limited to https://www.ihaveissues.com and all pages within it) ("the Site"), mobile sites, and applications (including but not limited to the IHI mobile app ("the App") owned or operated by IHI, including any of our content, programs, services, features, activities, and products) (collectively, the "Services"). The Services include, but are not limited to our digital gift card program ("eGift Card Program").
PRIVACY POLICY
Your privacy is important to us. We encourage you to read our Privacy Policy. to understand our privacy practices, so that you understand the actions we take with respect to your personal information and may make an informed decision about using the Services. Please note that our Privacy Policy is intended to govern any and all matters related to the collection and processing of your personal information (as defined under the Privacy Policy) by IHI, whereas these Terms of Use apply to all aspects of your relationship with IHI that do not fall within the scope of our Privacy Policy. You represent and warrant that all data that you provide to IHI is accurate.
CHANGES TO THE TERMS OF USE
We reserve the right to change these Terms of Use at any time at our sole discretion by posting revisions to the Site and/or the App. Such revisions will be effective immediately upon posting them to the Site and/or the App. You should review these Terms of Use each time you use the Services, so that you understand your rights, remedies, and obligations. Your use of the Services after such changes have been posted shall constitute your acceptance of the revised Terms of Use.
ELIGIBILITY CRITERIA, REGISTRATION, AND ACCESS TO THE SERVICES
The Services are not directed to persons under age 13 in the United States, or the equivalent age in other jurisdictions (such as 16 in the European Union). Users must be at least this age to access, use, or register for the Services. For more information regarding the collection and processing of personal information for users under this age, please visit our Privacy Policy.
If you are at least this age but under 18 years of age, you may only access, use, or register for the Services, with the consent of a parent or guardian.
IHI will not be liable for any damages that may result from misrepresentation of age by a user of the Services. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion. We do not ship orders to freight forwarders.
COMMUNICATIONS
In order to provide you with the Services, including to conduct our business and to provide you with the best possible products and services, we may need to provide you with certain communications. By using the Services, and subject to the provisions of our Privacy Policy, you consent to receive any and all such communications. We will communicate with you electronically, including but not limited to e-mail, text, or SMS communications and push notifications, or by posting or sending you notices through the Site and/or the App. These communications are considered part of the Services, which you may not be able to opt-out from receiving.
You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We welcome your comments and feedback. All communications and comments submitted to us using the Services are non-confidential. We reserve the right to use any ideas, concepts, comments, techniques, visuals, or suggestions contained in any such communication or comment. We retain rights to all comments, feedback, suggestions and submissions to us using the Services.
INTELLECTUAL PROPERTY RIGHTS
All text, designs, graphics, logos, page headers, button icons, scripts, service names, manuals, technical documentation, product information, user interfaces, visual interfaces, images, photographs, trademarks, sounds, music, and artwork (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel," and arrangement thereof, appearing via the Services are owned, controlled or licensed by or to IHI, and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
The Content may not be used in connection with any product or service that is not IHI's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits IHI. All other trademarks not owned by IHI that via the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by IHI. Nothing appearing via the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed via the Services, without the prior written permission of the trademark owner. We aggressively enforce our intellectual property rights to the fullest extent of the law.
You are granted a limited, non-sublicensable right to access the Services to print the Content for your personal, non-commercial, and informational use only. The foregoing license grant does NOT include the right for you to: 1) publish, publicly perform or display, or distribute to any third party any Content, including reproduction on any computer network, or broadcast or other media; 2) market, sell, or make commercial use of the Services or any Content therein; 3) systematically collect or use any Content or data from the Services, including but not limited to use of data spiders, robots, or comparable data gathering, mining or extraction methods; 4) make derivative use of the Services or any Content therein; or 5) use, frame, or utilize framing techniques to enclose any portion of the Services (including the images, text, or layout/design appearing within the Services).
Any unauthorized use of the Services or the Content therein terminates any permission or license that we granted you, and may violate applicable laws including copyright laws, trademark laws (including trade dress), and communications statutes and regulations. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Services, so long as the link does not portray IHI, or its products or services, in a false, misleading, derogatory, or otherwise offensive manner. You may not use any IHI logo or other proprietary graphic or trademark as part of the link without express written permission.
SERVICE CONTENT AND PURCHASES
We strive to be as accurate as possible with our product descriptions and pricing information listed via the Services. However, we do not warrant that product descriptions, pricing information, or other content listed via the Services are accurate, complete, reliable, current, consistent, or error-free. While we will use our best efforts to fulfill all orders, we cannot guarantee the availability of any particular product displayed via the Services. We reserve the right to discontinue the sale of any product listed via the Services at any time without notice. If upon receipt of a product offered by IHI you find that it is not as described via the Services, your sole remedy is to return it in unused condition, subject to IHI's Return/Exchange policy.
We cannot confirm the price of an item until you order; however, we do not charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mis-priced. In the event of a pricing error on an item you have ordered, we will notify you and await your approval of the corrected price before continuing with your order.
Product prices offered via the Services may vary from other advertised prices due to varying conditions in different geographic markets. The prices displayed via the Services are quoted in U.S. Dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges. State and local sales or use taxes that may apply to your order.
All items purchased, earned, or otherwise ordered from the Services are made pursuant to the terms of the specific shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURN/EXCHANGE POLICY
At I Have Issues Inc., we aim for 100% customer satisfaction. If you are unsatisfied with your purchase, you may return the item for a refund within 30 days of receiving your purchase.
To be eligible for a return, your item must be unused and in the same condition that you received it.
To complete your return, please email customerservice@ihaveissues.com. If you are eligible for a return, a return slip will be emailed to you.
Refunds
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 3 – 5 business days.
Late or missing refunds
If you haven’t received a refund after five (5) business days, please contact us. Prior to the fifth (5th) business day, we advise that you contact your credit card company to see if the refund is pending.
Sale items
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.
Exchanges
Unfortunately, we do not offer exchanges at this time.
Shipping/ Returns
To return your product, you should mail your product to: 5603b W Friendly Ave. ,121, Greensboro, NC 27410, United States.
IHI will gladly pay the shipping costs for returning your item.
If you received a defective or damaged product, please send clear photos of the item to customerservice@ihaveissues.com.
Depending on where you live, the time it may take for your product to reach you may vary. Please note, IHI does not offer international shipping at the moment.
DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS MADE AVAILABLE TO YOU THROUGH THEM ARE PROVIDED BY IHI ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, IHI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS TO THE OPERATION OF THE SERVICES AND THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOU USE THE SERVICES AT YOUR SOLE RISK. IHI DOES NOT WARRANT THAT PRODUCT DESCRIPTIONS, PHOTOGRAPHS, PRICING, OR OTHER CONTENT REGARDING PRODUCTS DISPLAYED OR OTHERWISE AVAILABLE ON THE SERVICES ARE ACCURATE, COMPLETE, CURRENT, OR ERROR-FREE. ALL WEIGHTS AND SIZE DIMENSIONS ARE APPROXIMATE.
You understand that IHI cannot and does not guarantee or warrant that files available for downloading from the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF- SERVICE ATTACK, A VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES, YOUR USE OF ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, OR YOUR DOWNLOADING OF ANY MATERIAL POSTED VIA THE SERVICES OR WEBSITE LINKED TO THE SERVICES. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATIONS ON LIABILITY
IN NO EVENT WILL IHI, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THE SERVICES, ANY CONTENT OF THE SERVICES, ANY SERVICES OR ITEMS OBTAINED OR PURCHASED THROUGH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
PROHIBITED USES
You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:
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In any manner that violates any applicable federal, state, local and international law or regulation;
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To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use;
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To gather or attempt to gather personal information belonging to members, users, or member organizations for the purposes of spamming, marketing, selling to third parties, or otherwise sharing beyond the reasonable uses of the Services;
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In any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services; or
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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 IHI or users of the Services, or may expose IHI or users of the Services to liability.
ADDITIONAL PROHIBITED USES
You further agree not to:
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Use any robot, spider or other automatic device, process, or means to access the Services for any purpose, including to monitor or copy any of the material on the Services;
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Use any manual process to monitor or copy any of the Content on the Services for any unauthorized purpose without IHI's prior written consent;
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Use any device, software, or routine that interferes with the proper working of the Services;
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Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
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Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Services, the server on which any part of the Services is stored, or any server, computer, or database connected to the Services;
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Attack the Services via a denial-of-service attack or a distributed denial-of- service attack; or
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Otherwise attempt to interfere with the proper working of the Services.