terms of service

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THESE TERMS OF SERVICE ARE AN ENFORCEABLE CONTRACT BETWEEN US WHICH AFFECTS OUR RESPECTIVE LEGAL RIGHTS AND INCLUDES A MANDATORY INDIVIDUAL ARBITRATION REQUIREMENT AND CLASS ACTION/CLASS ARBITRATION AND JURY TRIAL WAIVERS, WHICH ARE SET FORTH BELOW. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION BELOW FOR DETAILS ON ARBITRATION AND OPTING-OUT.

Welcome to the the sykstem (“the sykstem”) website located at thesykstem.netlify.app (the “Site”). the sykstem provides this Site as a service to our customers. Please read the following terms and conditions (“Terms”) as they govern your use of our Site, which includes using all services and content accessible via our Site or otherwise related in any way to the Site, your communications with the sykstem, your interactions with the sykstem’s related social media sites and pages (for example, on Instagram, Twitter, and Facebook) as they relate to the Site, and your purchases of products and services from us, including those made in-person at the sykstem retail locations. To make these Terms easier to read, the Site and our services and Content are collectively called the “Services.” These Terms are final.

By using our Services in any way, including signing up for promotional mailings and emails, entering into contests, purchasing products from us, and/or registering with our Site, you agree to be bound by these Terms published at such time. If you don’t agree to be bound by these Terms, do not use the Services.

We may update the Terms at any time. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them, or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. Changes to these Terms, however, shall not be applied retroactively.

We recommend you print out a copy of these Terms for your records. Upon request by you or us, we each agree to sign and provide to each other a signed copy of these Terms and will not argue that the lack of a physically signed version of the Terms is unenforceable in any way for that reason.

Privacy Policy

Please read our Privacy Policy which is incorporated into these Terms of Service and governs your use of the Sites. You agree with and consent to our Privacy Policy, including the information collection, analysis, and usage practices it describes. To the extent there is a conflict between the Privacy Policy and these Terms, these Terms will control to the fullest extent permitted by law.

Who May Use The Services?

Eligibility. You may use Services only if you are 18 years or older and capable of forming a binding contract with the sykstem and are not barred from using the Site under applicable law.

Account Registration and Your Information. If you want to use certain features of the Services, you may need to create an account on our Site (“Account”). For instance, an Account may be needed to register for certain giveaways or promotions that we may offer from time to time or become a member of the Referral Program. You can register for an Account via the Site. Please note that registration with the Site and participation in giveaways and promotions are subject to the Terms.

Accuracy of Account Information. It’s important that you provide us with accurate, complete, and up-to-date information for your Account and you agree to update such information to keep your Account accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone, and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

Payment

When you make a purchase from us, you authorize us or our third-party payment processor to charge your payment method for any such purchases (plus any applicable taxes and other charges) that may be accrued by or in connection with your purchase. You are responsible for the timely payment of all fees and for providing a valid method of payment. All prices, fees and any applicable taxes and other charges are payable in U.S. dollars. When you initiate a purchase transaction via the Site, you will be asked to provide customary billing information such as your name, billing address, and credit card information. You may also need to provide additional information to verify your identity before completing your transaction. If you are completing the purchase using a third-party payment processor, that processor’s terms and conditions and privacy policy apply to your payment transaction. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the sykstem may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.

Risk of Loss

All purchases are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon the sykstem’s delivery of such items to the shipping carrier. Except as expressly set forth in these Terms, you are responsible for filing any claims with the applicable carrier for damaged and/or lost shipments.

Customer Satisfaction/Returns

We work hard to be as accurate as possible. Errors of any kind, including as to item availability, descriptions, and price, will be corrected when discovered and we reserve the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted by you or an order confirmation has been sent by us). Please be aware that variations in style, color, size, shape, and look may occur. If a product offered by us is not as described, your sole remedy is to return it to us in unused condition. We also reserve the right to limit the order quantity on any item or to stop selling an item at any time. Please review our return policy at https://thesykstem.netlify.app/faq.

Discount Codes

the sykstem may, from time to time, offer promotional/offer codes that are redeemable towards a purchase on the Site, subject to expiration dates, product exclusions and any other restrictions as may be determined and communicated by the sykstem in its sole discretion (“Discount Codes”). Only valid Discount Codes provided by the sykstem will be honored. Each Discount Code offered by the sykstem is (a) is non-transferable, (b) valid for one single purchase on the Site, (c) cannot be combined with other promotions, discounts or offers, and (d) cannot be redeemed for cash or any cash equivalent. Discount Codes cannot be used towards purchase of any third-party collaborations, sample sale, mystery boxes, non-the sykstem merchandise, taxes, or shipping charges. Other product exclusions may apply. the sykstem is not responsible for any unauthorized use of Discount Codes. The monetary value of any Discount Codes will not be refunded or credited back if the product purchased using such Discount Code is returned. Discount Codes are void if copied, transferred, sold, exchanged or expired, and where prohibited by law or otherwise.

Feedback

We welcome feedback, comments, reviews of the products you purchase through us, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at support@thesykstem.com or by reviewing a particular product. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Correction Of Site Errors

While we routinely review our Site, the information on the Site may contain inaccuracies or typographical errors. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing and availability. We apologize for any inconvenience this may cause.

Third Party Links

The Site may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Right To Consult An Attorney.

You understand that you have the absolute right to consult an attorney concerning an aspect of the Terms and the Privacy Policy before accepting them, and that, by acknowledging your acceptance of these Terms as provided for by the Site, you represent that you understand their requirements and agree to be bound by them.

DISCLAIMER OF WARRANTY

TO THE FULLEST EXTENT PERMITTED BY LAW, ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY GUARANTEES OR WARRANTY. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

SOME STATES, INCLUDING THE STATE OF NEW JERSEY, DO NOT PERMIT CERTAIN WARRANTY DISCLAIMERS IN CONNECTION WITH THE PURCHASE OF CONSUMER GOODS. PLEASE CONSULT THE LAWS OF YOUR STATE REGARDING ANY SUCH RIGHTS.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER THE SYKSTEM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE SYKSTEM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL THE SYKSTEM’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO THE SYKSTEM FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE SYKSTEM, AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE SYKSTEM AND YOU.

SOME STATES, INCLUDING THE STATE OF NEW JERSEY, DO NOT PERMIT CERTAIN LIMITATIONS OF LIABILITY IN CONNECTION WITH THE PURCHASE OF CONSUMER GOODS. PLEASE CONSULT THE LAWS OF YOUR STATE REGARDING ANY SUCH RIGHTS.

Disputes

Our goal is to always provide you with great products and service, so we’ll try our best to resolve any disagreements that you have with us. the sykstem encourages you to contact us at legal@thesykstem.com if you have any issues. If we can’t resolve any disagreements informally, then you and we both agree to resolve disputes related to your use of the Services or these Terms as set forth below.

ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

MANDATORY INDIVIDUAL ARBITRATION; WAIVER OF TRIAL BY JURY. EXCEPT AS PROVIDED BELOW, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS, AGENTS, SERVICE PROVIDERS, CONTRACTORS, SUBCONTRACTORS, OR EMPLOYEES RELATED TO OR ARISING IN ANY WAY FROM USE OF THE SERVICES (INCLUDING, BUT NOT LIMITED TO, PURCHASES MADE ON THE SITE), WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION BEFORE A SINGLE ARBITRATOR UNDER THE JAMS, INC. (“JAMS”) RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES (INCLUDING THE JAMS “CONSUMER ARBITRATION MINIMUM STANDARDS”). https://www.jamsadr.com/consumer-minimum-standards/ YOU AND THE SYKSTEM FURTHER EXPRESSLY WAIVE ANY RIGHT TRIAL BY JURY OR TO PURSUE CLAIMS VIA A CLASS ACTION OR CLASS-BASED ARBITRATION. THIS AGREEMENT IS BINDING ON YOU AND THE SYKSTEM, AS WELL AS OUR RESPECTIVE HEIRS, SUCCESSORS, AND ASSIGNS.

SOLE EXCEPTION TO INDIVIDUAL ARBITRATION REQUIREMENT: YOU OR WE MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY STATE OR FEDERAL COURT HAVING JURISDICTION TO GRANT IT IN THE EVENT OF AN ACTUAL OR THREATENED INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS.

You agree that all arbitrations under this agreement, and disputes related to such arbitrations, involve commerce under and are governed by Federal Arbitration Act (“FAA”), and are not governed by state and local laws, or the laws of other countries, including those concerning or purporting to place limits on the availability or scope of arbitration.

Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms as a court would.

You agree that the arbitrator has the authority to and shall resolve all claims and issues arising between us, including, but not limited to, all claims arising under international, federal, state, and local statutory, regulatory, constitutional, and common law.

You further agree that this arbitration requirement covers, but is not limited to, any and all claims arising from or related in any way to your use or receipt of the Services (including your use of the Site), your registration with the Site, your requests to receive advertising or promotions, your purchase of or attempt to purchase products from us, and any communications between us.

YOU ALSO AGREE THAT ARBITRATOR ALSO HAS THE SOLE AUTHORITY TO AND SHALL ADDRESS ALL CLAIMS OR ARGUMENTS BY EITHER PARTY CONCERNING THE FORMATION, LEGALITY, SCOPE, AND ENFORCEABILITY OF THIS ARBITRATION CLAUSE, INCLUDING THE ARBITRABILITY OF ANY CLAIM OR ISSUE ARISING BETWEEN US.

If you initiate an arbitration, we will reimburse you for any standard filing fee required for claims under $10,000. For claims over $10,000, payment of such fees will be by a separate agreement between you and us. If we cannot agree on such payment, the arbitrator will decide how such fees should be paid and by whom. Each party shall be responsible for their own attorneys’ fees except as provided by applicable law or the JAMS rules.

We are committed to providing for dispute resolution at a reasonable cost to consumers consistent with the JAMS rules, and any matters related to such cost, if not agreed to by you and us, will be decided by the arbitrator.

To the extent that any other provision of the Terms of Service is found to be inconsistent with rights, duties, and requirements of this arbitration agreement, or where the application of such a provision would change or render unenforceable any part of this arbitration agreement, such provision shall be deemed null and void and the terms of this arbitration agreement shall control with regard to any arbitration between issue.

Small Claims Court. As an alternative, we may bring our claims in your local “small claims” court, if permitted by that small claims court’s rules and if such claim is within such court’s jurisdiction. Any such action, however, may not be transferred, removed or appealed to a different court.

Class Action Waiver. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement.

YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US, INCLUDING, WITHOUT LIMITATION, ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. YOU ALSO AGREE NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON’S ACCOUNT, IF WE ARE A PARTY TO THE PROCEEDING.

Procedures

In the event that JAMS is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the American Arbitration Association under its Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, “AAA Rules”).

Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever banned.

30-Day Opt-Out Period

If you do not wish to be bound by the arbitration and class-action waiver provisions in this Disputes section, you must notify us in writing within thirty (30) days of the date that you first accept these Terms (unless a longer period is required by applicable law), and then you must resolve any disputes against us in accordance with the “Governing Law” section above. Your written notification must be mailed to us at: the sykstem, Attn: Legal, 123 Hollywood Blvd., Fl 1, Los Angeles, CA 12345.

If you do not notify us in accordance with this paragraph, you agree to be bound by the terms of this Disputes section, including, without limitation, the arbitration and class-action waiver provisions, and further including such provisions in any revisions we make to these Terms after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email address and mailing address; and (iii) a statement that you do not wish to resolve disputes with us through arbitration or waive your ability to participate in a class action.

If we make any changes to this Disputes section (other than a change to the address at which we will receive notices or rejections of future changes to this Disputes section), you may reject any such change by sending us written notice, within thirty (30) days of the change, to the address set out in this paragraph. It is not necessary to send us a rejection of a future change to this Disputes section if you had properly opted out within the first thirty (30) days after you first accepted the provisions in this Disputes section. If you have not properly opted out, then by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Disputes section, as modified by any changes you did not reject.

A notification sent pursuant to this paragraph solely affects these Terms; if you previously entered into other arbitration or dispute resolution agreements with us or enter into other such agreements in the future, your notification that you are opting out of the provisions in this Disputes section shall not affect the other arbitration agreements between you and us.

Right To Consult An Attorney

You understand that you have the absolute right to consult an attorney concerning an aspect of the Terms and the Privacy Policy before accepting them, and that, by acknowledging your acceptance of these Terms as provided for by the Site, you represent that you understand their requirements and agree to be bound by them.

Any Questions?

If you have any questions about these Terms or the Services, please contact us at support@thesykstem.com