terms of service
Last Updated And Effective: September 10, 2023
Welcome to the Prepchester.com website ("Website"), which is owned and operated by Prepchester Inc., ("Prepchester," "us," "we," or "our"). Prepchester is your source for classy sport chic accessories for women. We offer fashionable sports accessories for the sporty, fun, and active woman. Our mission is to bring together form and function with fashion, empowering every woman to excel in her game. Our belief is that style and function should not be compromised on the course and courts. Our founder's vision is to add a touch of modern prep to your step.
These Terms of Service ("Terms") govern your use of our Website and the purchase of goods and/or services ("Products") from our Website. By accessing or using our Website and/or purchasing Products, you agree to be bound by these Terms. Please read them carefully.
Prepchester reserves the right to update or modify these Terms and Conditions at any time without prior notice. Those changes will go into effect on the Last Updated Date shown in the revised Terms and Conditions. By continuing to use the Website, you are agreeing to the revised Terms and Conditions. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our Website. If you have any questions or concerns, please contact us at customerservice@prepchester.com.
You must be at least 13 years old to use the Website or our mobile applications. If you are under the age of 13 and would like to use our Website or order products from us, please have an adult do so for you.
Pricing and Payment
We accept various forms of electronic payment as indicated on the Website, including credit cards, debit cards, PayPal, and Venmo.
Prices for our Products are displayed on the Website and are subject to change at any time.
Occasionally we will offer special promotions to our customers that we refer to as "special offers" or "special offer". This can include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with a product purchase. These offers may be for a limited time only.
Our gift cards and purchases made using such gift cards are subject to these Terms and Conditions
Ordering and Shipping
Customers can place orders on the Website. All shipping methods provide order confirmation by email and tracking information. Currently, we only ship to domestic U.S. addresses, but we plan to offer international shipping in the future.
Our shipping and processing charges are intended to compensate the company for the cost of processing your order, handling and packing the products you purchase and delivering them to you. Shipping costs vary depending on the chosen method of shipping and are provided at the time of purchase. We may provide free or discounted shipping for some orders. Specific shipping costs will be displayed during the checkout process.
Returns and Refunds
We have a 30-day return policy, subject to restrictions. For more information, please refer to our Return Policy, which forms a part of these Terms and Conditions. Generally, to initiate a return or exchange, please contact customerservice@prepchester.com and provide your order number.
Privacy Policy
Our Privacy Policy governs the collection and use of customer data and personal information. For more details, please refer to our Privacy Policy.
Corrections of Inaccuracies
Occasionally on our Website or in our catalog there may be typographical errors, inaccuracies, or omissions (“errors”) that may relate to product descriptions, pricing, and availability. We reserve the right to correct any such errors and to change or update information at any time and without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away and we will work with you to cancel or return your order.
Acceptable Use
You are responsible for your use of the Website, and for any use of the Website made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Website, you may not:
violate any law or regulation;
violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights;
post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
send unsolicited or unauthorized advertising or commercial communications, such as spam;
engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Web Site or mobile applications;
transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
stalk, harass, or harm another individual;
impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
use any means to scrape or crawl any Web pages contained in the Website;
attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Website or mobile applications;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Website or mobile applications; or
advocate, encourage, or assist any third party in doing any of the foregoing.
User Content
We welcome your comments about our Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively "Comments") sent to Us or our Website shall be and remain the exclusive property of Prepchester. Your submission of any such Comments shall constitute an assignment to Prepchester of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments.
Prepchester will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Product Review Guidelines
We intend to provide customer reviews of our products. We encourage customers to leave product reviews and comments on our Website. Please adhere to the following guidelines:
Be respectful to others.
Avoid spam and irrelevant content.
Provide honest and constructive feedback.
Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Prepchester and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney's fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms and Conditions by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.
Limitation of Liability
THIS WEBSITE AND ALL CONTENT AVAILABLE ON THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THIS WEB SITE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE, AND THAT PREPCHESTER AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS ("AFFILIATES") SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE.
IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PREPCHESTER AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE WEB SITE OR MOBILE APPLICATIONS, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE WEB SITE OR MOBILE APPLICATIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PREPCHESTER AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEB SITE OR MOBILE APPLICATIONS; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEB SITE OR MOBILE APPLICATIONS; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEB SITE OR MOBILE APPLICATIONS BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE WEB SITE OR MOBILE APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PREPCHESTER OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE WEBSITE OR MOBILE APPLICATIONS, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
Dispute Resolution
In the event of any disputes or claims arising out of or related to your use of the Website, the purchase of products or service, or these Terms, both parties agree to resolve such disputes through binding arbitration instead of court proceedings, and both parties agree that the arbitration will be conducted in accordance with the rules of the American Arbitration Association (AAA) (available at www.adr.org), except as otherwise provided herein. Any arbitration proceeding shall be conducted in accordance with the Commercial Arbitration Rules of the AAA. The arbitration shall be conducted by a single arbitrator selected in accordance with the AAA rules. The arbitration shall take place in Stamford, Connecticut, or at another location mutually agreed upon by both parties.
The arbitration shall be governed by the laws of the State of Connecticut, without regard to its conflict of law provisions. The decision of the arbitrator shall be final and binding on both parties, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
Both you and Prepchester hereby waive the right to participate in any class action or class-wide arbitration against each other. You also agree that any disputes shall be resolved on an individual basis and not on a consolidated, class-wide, or representative basis. If for any reason a claim proceeds in court rather than in arbitration, both parties waive any right to a jury trial.
This arbitration provision is a material part of these Terms, and any dispute subject to arbitration must be initiated within one (1) year after the claim arises, or the claim will be permanently barred.
For any questions or concerns related to this dispute resolution provision, please contact us at customerservice@prepchester.com.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver or modification of any provision of this Section of the Terms and Conditions will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms and Conditions. This Section of the Terms and Conditions will survive the termination of your relationship with us.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR PREPCHESTER WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION
Intellectual Property
Use of the trademarks and other intellectual property of Prepchester is prohibited without explicit written consent from us. PrepchesterTM is a trademark of Prepchester, Inc. Prepchester reserves all rights to protect its intellectual property in any forum or legal venue.
Additional Provisions
Any action relating to the use of the Website, catalogs or any transaction with Prepchester, if permissible under these Terms and Conditions, must be brought in the state or federal courts located in Connecticut. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Connecticut, without giving effect to any conflict of laws rules or provisions.
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
If any provision of these Terms and Conditions is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the enforceability of any other provisions.
The failure by us to enforce any right or provision of these Terms and Conditions will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms and Conditions, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.