Ninety Swag Shop

Terms of Use

Last Updated: May 07, 2024

Thank you for your interest in Identity Works ("Identity Works", "us", "we", "our") and our website at https://ninetyswag.com, along with any related content and products provided by us (collectively, the "Website"). These terms of use, including our privacy policy at Privacy Policy (together, these "Terms") form a legally binding contract between you and Identity Works regarding your use of the Website. Identity Works operates this Website on behalf of Ninety ("Brand") as an authorized service partner. Brand is not a party to these Terms and these Terms are solely between you and Company.

PLEASE READ THE FOLLOWING TERMS CAREFULLY

BY USING THE WEBSITE, PLACING AN ORDER, OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU ARE NOT ELIGIBLE, OR YOU DO NOT AGREE TO THESE TERMS AND OUR PRIVACY POLICY, THEN YOU DO NOT HAVE OUR PERMISSION TO ACCESS OR USE THE WEBSITE; PROMPTLY EXIT THIS WEBSITE.

1. Changes to these Terms. We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website after posting. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. Please check this page from time to time so you are aware of any changes, as they are binding on you.

2. Changes to the Website. We reserve the right to withdraw or modify this Website, and any service, product or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

3. Limited License Grant. Subject to your complete and ongoing compliance with these Terms, Identity Works grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to use and access the Website for your own personal use. Identity Works does not permit any other use of the Website. Identity Works reserves all rights in and to the Website not expressly granted to you under these Terms.

4. Restrictions. You may not directly or indirectly: (a) reverse engineer, decompile, deconstruct, or attempt to derive the source code of the Website; (b) reproduce, distribute, publicly perform, or create derivative works of the Website; (c) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website; (d) use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Website, deep-link to any feature or content on the Website, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website; (e) violate any applicable law, rule, or regulation; or (f) attempt to do, or encourage others to do, any of the foregoing.

5. Purchase and Sale of Products. When placing an order for products or services on the Website, the following terms apply in addition to all other provisions of these Terms:

  1. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept or cancel existing orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. If we cancel an order for which you have paid, we will refund you that purchase price.
  2. Prices and Payment Terms.
    1. All prices, discounts, and promotions posted on this Website 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.] Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
    2. We may offer, from time to time, promotions on the Website 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.
    3. Terms of payment are within our sole discretion and payment must be received by us before we accept an order. We may accept credit cards, PayPal, Apple Pay, or other methods as may be indicated on the Website.
    4. We use a the third-party payment processor Stripe ("Stripe") to process credit card payments, but we may direct you to use a different payment processor at our sole discretion (Stripe, or another designated payment processor, the "Payment Processor"). Payments you make through the Website are processed by the Payment Processor and may be subject to additional terms. You authorize Identity Works and the Payment Processor to charge all sums for the orders you make via credit card. Identity Works and/or the Payment Processor may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
  3. Shipments; Delivery; Title and Risk of Loss.
    1. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
    2. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
  4. Returns and Refunds. All returns and refunds are subject to our Refund Policy available at Refund/Return/Exchange Policy ("Refund Policy"). We may update our Refund Policy at any time. Please check the Refund Policy before your purchase of any products on our Website.
  5. Disclaimers. ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

6. Additional Terms & Conditions. When you purchase a service or other product offering from us you may be required to agree to and accept additional terms and conditions specific to that offering ("Additional Terms"). If there is a conflict between these Terms and the Additional Terms, the Additional Terms will prevail and apply.

7. Ownership. The Website is owned and operated by Identity Works. We or our licensors own and retain all right, title and interest, including intellectual property rights, in and to the Website and any trademarks, logos, or service marks displayed on the Website ("Marks"). The Website and Marks are protected by U.S. and international intellectual property laws and treaties. Except as expressly authorized by these Terms or otherwise by Identity Works in writing, you may not make use of the Website or Marks. The contents of the Website, including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Website ("Content") may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms or otherwise approved in writing by Identity Works.

8. User Information. We may make available functionality on the Website (e.g., a product order form) that allows you to submit information about yourself ("User Information") in order for us to contact or otherwise provide you with information, products, and services you request. By submitting User Information, you hereby grant Identity Works a non-exclusive, royalty-free, sublicensable, transferrable, worldwide, perpetual, and irrevocable right and license to use, analyze, and process your User Information as necessary to contact you and/or your company and provide the services and products you request. You retain ownership of all copyrights in your User Information. You represent and warrant to us that all User Information is your own and that you have the right to share that User Information without infringing any intellectual property right or right of publicity or privacy of any other person or entity. For information on how we store, collect, and process User Information, please see our privacy policy at Privacy Policy ("Privacy Policy").

9. Third-Party Services. We make no representations or warranties whatsoever about any third-party services, software, products, or websites, which you may access through the Website (each a "Third-Party Service"). When you access a Third-Party Service, you acknowledge and agree that it is independent from Identity Works, and that we have no control over the content on that Third-Party Service. In addition, a link to a Third-Party Service does not mean that we endorse or accept any responsibility for the content, or the use, of that Third-Party Service. We are not responsible or liable, directly or indirectly, for any damages or loss caused to you by your use of any Third-Party Service. Additionally, please be aware that once you navigate away from the Website, these Terms will no longer govern.

10. Termination.

  1. Termination. If you violate any provision of these Terms, then your authorization to access the Website and these Terms automatically terminate. In addition, Identity Works may, at its sole discretion, terminate these your authorization to use the Website and these Terms effective immediately at any time and for any or no reason, with or without notice, and without any further liability to you arising from that termination.
  2. Effect of Termination. Upon any termination of these Terms: (i) your rights to use and access the Website and all other license rights granted in these Terms will immediately terminate and you must immediately cease use of the Website; and (ii) the following Sections will survive: 4, 6, 5, 8, 9, 10.b, and 11 - 18. You are solely responsible for retaining copies of any User Information that you transmit to Identity Works through the Website.

11. Feedback. Identity Works may provide you with the opportunity to provide feedback, suggestions, requests, comments, and ideas about the Website, Identity Works, and our product and services (collectively, "Feedback"). If you provide any Feedback, you hereby grant to Identity Works a worldwide, perpetual, royalty-free, fully transferable, sublicensable, irrevocable right to exploit that Feedback in any manner for any purpose. We will have no obligation to provide you with any attribution for any Feedback you provide.

12. Privacy Policy. You agree that all information you provide to us on or through this Website or otherwise, including, but not limited to, through the purchase or products and services, the use of any "Contact Us" form, or any other interactive features on the Website, is governed by our Privacy Policy at Privacy Policy, and you consent to all actions we take with respect to your information that is consistent with our Privacy Policy.

13. Goods Not for Resale. You represent and warrant that you are buying products or services from the Website for your own personal or household use only, and not for resale, unless you have otherwise received written permission from us for such resale.

14. Indemnification. You agree to defend and indemnify Identity Works, Brand, and each of their managers, members, officers, employees, consultants, and agents from and against every claim brought by a third-party and all resulting damages, costs, expenses (including reasonable attorneys’ fees), and judgments, arising out of or connected with: (a) your use of the Website; (b) your violation of any applicable law or regulation; and (c) any dispute between you and a third-party in connection with the Website. Identity Works reserves the right to assume control of defense of any claim under this Section 13 (without limitation of your indemnification obligations).

15. DISCLAIMER OF WARRANTIES. THE WEBSITE AND ALL INFORMATION AND CONTENT OFFERED THROUGH THE WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT USING THE WEBSITE WILL ACHIEVE ANY PARTICULAR RESULT FOR YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

16. LIMITATIONS OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Identity Works OR BRAND BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY PRODUCTS OR SERVICES PURCHASED ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY OF Identity Works TO YOU WITH RESPECT TO YOUR USE OF THE WEBSITE, USE OR PURCHASE OF ANY PRODUCTS OR SERVICES ON THE WEBSITE, OR OTHERWISE RELATING TO THESE TERMS IS $100.

17. Governing Law. All claims and disputes arising from the use of the Website are governed exclusively by the laws of Wisconsin, without regard to conflicts of laws principals. You agree and hereby submits to the exclusive personal jurisdiction and venue of the courts located in Milwaukee County, Wisconsin for the resolution of any lawsuit or court proceeding permitted under these Terms.

18. General Terms.

  1. Entire Agreement. These Terms, together with the Privacy Policy and any Additional Terms, are the entire agreement between you and Identity Works concerning the subject matter of these Terms and your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
  2. Third-Party Beneficiaries. Brand is an intended third-party beneficiary of Section 14 and Section 16 of these Terms having full right to enforce those sections as to Brand. Other than as set forth in this Section 18.b, there are no intended third-party beneficiaries to these Terms.
  3. No Assignment. You may not assign your rights under these Terms, in whole or in part, to any third-party.
  4. Waiver. The failure to require performance of any particular provision of these Terms will not waive our right to require performance at any later time. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision will be eliminated or limited to the minimum extent so that the remaining provisions of the Terms will continue in full force and effect.
  5. No International Use. The Website is not intended for users outside of the United States. Access to the Website from countries where access to the Website would be considered unlawful is prohibited.
  6. Contacting Us. If you have any questions or concerns about the Website or these Terms, you may contact us by e-mail at customerservice@idworks.com, or write to us at: Identity Works 920 Industrial Drive West Salem, WI 54669