Terms of Service

This website is operated by Forte Series LLC. Throughout the site, “we,” “us,” and “our” refer to Forte Series LLC. Forte Series LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation, browsers, suppliers, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our site. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the site or use any services. If these Terms of Service are considered an offer, acceptance is limited to these Terms of Service.

Any features or tools added to the current store are subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after any changes are posted constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Section 1 - Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province, or that you are the age of majority in your state or province and you have consented to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose or use the Service in violation of any laws in your jurisdiction (including but not limited to copyright laws). You may not transmit any worms, viruses or any other code of a destructive nature.

A breach or violation of any of the terms will result in an immediate termination of your service.

Section 2 - General Terms

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted while being transmitted over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without our express written permission.

The headings used in this agreement are for convenience only and will not limit or otherwise affect these Terms.

Section 3 - Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on the Site is not accurate, complete or current. The materials on the Site are provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the materials on the Site is at your own risk.

The Site may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to our Site.

Section 4 - Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.

We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

Section 5 - Products or Services (if applicable)

Certain products or services may be available exclusively online through the Site. These products or services may be available in limited quantities and may be returned or exchanged only in accordance with our Return Policy.

We have done our best to ensure that the colors and images of the merchandise on this Site are as accurate as possible. However, we cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic area, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services offered. All product descriptions or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We make no warranty that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 6 - Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed by or under the same customer account or under the same credit card, orders placed with the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number that you provided when you made your order. We reserve the right to limit or prohibit orders that we believe may be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Return Policy.

Section 7 - Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without any warranties, representations or conditions of any kind and without liability. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use of 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 providers.

We may also offer new services and/or features through the site in the future (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD PARTY LINKS

Certain content, products, and services available through our Service may include materials from third parties.

Third-party links on the Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other third-party materials, products, or services.

We are not responsible for any damage or loss resulting from the purchase or use of goods, services, resources, content, or any other transactions made on or through 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. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you submit certain specific submissions (for example contest entries) or without a request from us, you submit creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We will not and shall not be obligated to (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are 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 comments 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 comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.

You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 10 - Personal Information

Your submission of personal information through the store is subject to our Privacy Policy. View our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and inventory. We reserve the right to correct any errors, inaccuracies or omissions, and to change, update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order), unless otherwise required by law.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information. No specified update or refresh date specified in the Service or on any related website, but this does not mean that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any illegal acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to 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 Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) for spamming, phishing, phishing, pretexting, spidering, scraping, or crawling; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 13 - Disclaimer; Limitation of Liability

We make no warranty, representation or guarantee that your use of the Service will be uninterrupted, timely, secure, or error-free.

We make no warranty that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided to you “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.

In no case shall Forte Series LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 14 - Indemnification

You agree to indemnify, defend and hold harmless Forte Series LLC and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, arising out of or related to your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 15 - Severability

In the event 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 16 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement.

These Terms of Service are effective unless terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or by discontinuing using our website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/ormay deny you access to our Services (or any part thereof).

Section 17 - Entire Agreement

Our failure 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 govern 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 18 - Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 6098 Station Street #2009, Burnaby, British Columbia, V5H0H4, Canada.

Section 19 - Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or Services following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.

Section 20 - Contact Information

Questions regarding the Terms of Service should be sent to Support@SophiaPhillips.shop.

SMS/MMS Mobile Messaging Marketing Program Terms and Conditions

Sophia Phillips (“we” or “us”) offers a mobile messaging program (the “Plan”) and you agree to use and participate in the Program subject to these Mobile Messaging Terms and Conditions and the Privacy Policy [insert URL link to your privacy policy] (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to those Terms and Conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration as further described in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other terms and conditions or privacy policies that may govern your relationship with us in other contexts.

1. User Opt-In: The Program allows users to receive SMS/MMS mobile messages by actively opting in to the Program (e.g., through an online or application-based registration form). Regardless of the opt-in method you use to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you consent to receive autodialed or prerecorded marketing mobile messages at the phone number you opted in to, and you understand that your consent is not required to make any purchases from us. Although you consent to receive messages sent using an autodialer, the foregoing should not be construed to imply or suggest that any or all of our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data charges may apply. Message frequency varies.

2. User Opt-out: If you do not want to continue to participate in the Program or no longer agree to this Agreement, you agree to reply "STOP," "END," "CANCEL," "UNSUBSCRIBE," or "QUIT" to any mobile text message we send to opt-out. You may receive another mobile text message confirming your decision to opt-out. You understand and agree that the above options are the only reasonable ways to opt-out. You acknowledge that our text messaging platform may not recognize and respond to unsubscribe requests that alter, change, or modify the "stop," "end," "cancel," "unsubscribe," or "exit" keyword commands, such as using different spellings or adding additional words or phrases to the command, and agree that Sophia Phillips and its service providers are not responsible for any failure to execute such requests. You also understand and agree that any other method of opting out, including but not limited to sending text other than that described above or verbally requesting one of our employees to remove you from our list, is not a reasonable method of opting out.

3. Program Description: Without limiting the scope of the Program, users who opt into the Program will receive marketing, promotional, payment, delivery, and sales messages. [Please describe your company's goods/services - this should be broad and general enough to cover any type of message you might send. Messages outside of this scope may not be permitted under the TCPA]. Messages may include checkout reminders.

4. Fees and Frequency: Text messaging and data charges may apply. You agree to receive text messages on a recurring basis at our discretion. Daily, weekly, and monthly text message frequencies vary. This Program includes recurring mobile text messages and may send additional mobile text messages on a recurring basis based on your interactions with us.

5. SUPPORT INSTRUCTIONS: For support related to the Program, please text "HELP" to the number where you received the message or send an email to Support@SophiaPhillips.shop. Please note that opt-outs from the Program using this email address are not acceptable. Opt-out requests must be submitted in accordance with the above procedures.

6. MMS DISCLOSURE: If your mobile device does not support MMS messaging, the Program will send an SMS TM (termination message).

7. OUR DISCLAIMER: The Program is provided on an "as is" basis, may not be available in all areas at all times, and may not continue to work after your wireless carrier makes changes to products, software, coverage, or other aspects. We are not responsible for any delays or failures in the receipt of mobile messages related to the Program. Delivery of mobile messages is dependent on effective transmission by your wireless service provider/network operator and is beyond our control. Carriers are not responsible for delayed or non-delivered mobile messages.

8. PARTICIPATION REQUIREMENTS: You must have your own wireless device that supports two-way communication, use a participating wireless carrier, and be a wireless subscriber with text messaging service. Not all mobile carriers offer the services required to participate. Please check your phone features for specific text messaging instructions.

9. Age Limits: If you are under thirteen (13) years of age, you may not use or participate in the Platform. If you use or participate in the Platform and are between thirteen (13) and eighteen (18) years of age, you must have the permission of your parent or legal guardian. By using or participating in the Platform, you acknowledge and agree that you are thirteen (13) years of age or older; or between thirteen (13) and eighteen (18) years of age and have the permission of your parent or legal guardian to use or participate in the Platform; or you have reached the age of majority in your jurisdiction. By using or participating in the Platform, you acknowledge and agree that you are permitted by applicable law in your jurisdiction to use and/or participate in the Platform.

10. Prohibited Content: You acknowledge and agree not to send any Prohibited Content through the Platform. Prohibited content includes: - any fraudulent, defamatory, libelous, scandalous, threatening, harassing or stalking activity; - objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; - pirated computer programs, viruses, worms, Trojan horses or other harmful code; - any product, service or promotion that would be illegal at the time of receiving such product, service or promotion; - any content involving and/or referring to personal health information protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC”); and - any other content prohibited by applicable law from the location where the message is sent.

11. Dispute Resolution: If a dispute, claim, or controversy arises between you and us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider that transmits mobile information on our behalf within the Program, whether arising out of a federal or state statutory claim, a common law claim, this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, such dispute, claim, or controversy will be settled by arbitration in Newark, Delaware, USA, before a single arbitrator to the fullest extent permitted by law. The parties agree to submit the Dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Unless otherwise provided herein, the arbitrator shall apply the substantive laws of the federal judicial circuit in which Forte Series’ principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after a demand for arbitration is served on a party, the parties must jointly select an arbitrator who has at least five years of experience in that capacity and who has knowledge and experience with the subject matter of the Dispute. If the parties fail to agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator who must meet the same experience requirements. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules for emergency protective measures shall apply, rather than seeking emergency injunctive relief in court. The arbitrator’s decision shall be final and binding, and neither party shall have any right of appeal, except as provided in Section 10 of the FAA. Each party shall bear its own share of the arbitrator’s fees and the costs of administering the arbitration; however, the arbitrator shall have the power to order a party to pay all or part of such fees upon a reasoned award. The parties agree that the arbitrator shall have the power to award attorneys’ fees only to the extent expressly authorized by law or the contract. The arbitrator shall not have the power to award punitive damages, and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved through arbitration. The parties agree that each party may bring claims against the other party in arbitration only in its individual capacity, and not as a plaintiff or class member in any purported class or representative arbitration proceeding. Further, unless the parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims. And may not otherwise preside over any form of a representative or class proceeding. Except as otherwise required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, except to protect or pursue a legal claim. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render such term or provision unenforceable in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision will survive even if your agreement to participate in any of our Programs is canceled or terminated.

12. Florida Law: We strive to comply with the Florida Telemarketing Act and the Florida Do-Not-Call Act that apply to Florida residents. For compliance purposes, you agree that we may assume that you are a Florida resident if (1) the shipping address you provide when you opt-in is in Florida, or (2) the area code of the phone number you use to opt-in is a Florida area code. You agree that if you do not meet any of the above criteria or have not clearly informed us in writing that you are a Florida resident, the requirements of the Florida Telemarketing Act and the Florida Do Not Call Law do not apply to you and you may not claim to be a Florida resident. If you are a Florida resident, you agree that mobile text messages sent by us in direct response to your mobile text messages or requests (including but not limited to reply keywords, opt-in, help or stop requests and shipping notifications) do not constitute "telemarketing calls" or "commercial telemarketing calls" within the meaning of Section 501 of the Florida Statutes (including but not limited to Sections 501.059 and 501.616), as far as the law provides otherwise and is applicable.

13. Miscellaneous: You warrant and represent to us that you have all necessary rights, power and authority to agree to these Terms and perform your obligations hereunder, and nothing in this Agreement or the performance of such obligations will constitute a breach of any other contract or obligation by you. The failure of either party to exercise any right provided for in this Agreement will not be deemed a waiver of any other rights under this Agreement. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the other provisions of this Agreement remain in full force and effect and enforceable. Unless otherwise expressly provided in writing, any new features, changes, updates or improvements to the Program shall be subject to this Agreement. We reserve the right to change this Agreement at any time. Any updates to this Agreement shall be notified to you. You acknowledge that it is your responsibility to review this Agreement from time to time and be aware of any such changes. Your continued participation in the Program after any such changes constitutes your acceptance of this Agreement as modified.