Effective Date: September 1, 2021

This page explains our terms and conditions and contains important information about your legal rights – when you use access or use Carbon38.com you are agreeing to these terms.

  1. Introduction

These Terms and Conditions and the Privacy Policy (collectively, “Terms”) are a legal agreement between you, as Guest, and Carbon 38, Inc. (“Carbon38,” “we,” “our,”orus“) and govern your use of and access to Carbon38’s services, including the purchase of fitness and lifestyle apparel and products and Carbon38 gift cards, as well as other products and services that are made available through our website (https://www.carbon38.com) (“Website“) or otherwise made available by us (collectively, the “Services“). By using the Services in any way, you agree to and accept these Terms, our Privacy Policy (available at https://carbon-38.myshopify.com/policies/privacy-policy), and any other legal notices or guidelines posted on the Website. If you are using our Services for an organization, you are agreeing to these Terms on behalf of that organization. If you do not agree to these Terms or are under the age of 18, do not use the Services.

IF YOU RESIDE IN THE UNITED STATES, PLEASE BE AWARE THAT THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER LOCATED IN SECTION 27 OF THESE TERMS, AS IT REQUIRES ARBITRATION TO RESOLVE DISPUTES, IN MOST CASES, ON AN INDIVIDUAL BASIS. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THE AGREEMENT TO ARBITRATE AND THE CLASS ACTION WAIVER. 

  1. Modifications

We reserve the right to change these Terms from time to time. For example, we may need to change these Terms if we come out with a new feature. If we make changes, we will notify you by revising the date at the top of the page and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review these Terms periodically to stay informed about our practices.

Whenever we make changes to these Terms, they are effective when the revised Terms are posted to the Website unless we notify you otherwise. If you continue to use the Services after the revised Terms have been posted, then you will be deemed to have accepted the changes to these Terms.

  1. Privacy Policy and FAQ

For information about how we collect, use and share information about users of the Services, please see our Privacy Policy available at https://carbon-38.myshopify.com/policies/privacy-policy (or such other successor URL that we may designate from time to time).

For users in the European Union: You understand that use of the Services may include disclosures to persons located outside of the European Economic Area, including countries that do not have laws that protect personal information in the same manner as countries within the European Economic Area.

For purchase, shipping, return and other related information regarding our Services, please see our Carbon38 FAQs available at https://carbon-38.myshopify.com/pages/faq (or such other successor URL that we may designate from time to time) (the “FAQs”), which FAQs are incorporated in these Terms by reference. 

  1. Creating Accounts

To use certain of the Services, you may need to create an account. You may not create an account if you are under eighteen (18) or the age of majority (or equivalent term) in your local jurisdiction, whichever is higher.  You can access, edit and update your account by logging into your account on the Website. You are solely responsible for any activity on your account, and you must maintain the security of your password and accept all risk that someone may access your account without your permission. We are not liable for any acts or omissions by you in connection with your account. If you discover or suspect any security breach, please email us at customercare@carbon38.com as soon as possible. When you use the Services or create an account, you represent and warrant to us that all information that you provide in connection with your account is at all times accurate, truthful, current and complete. Carbon38 reserves the right to deny any account at our discretion.

  1. Purchasing Products

When you select a product to purchase, it will appear in your online shopping cart (the “Shopping Cart”). Once you have placed all products you would like to purchase in your Shopping Cart and are ready to checkout, the applicable taxes and any shipping charges will be calculated and you will see the total amount due and owing to be paid by you. Unless specifically stated otherwise, all payments must be made in U.S. dollars by PayPal or credit or debit account (or any other payment method we may authorize via the Services, including Apple Pay or Google Pay) via Carbon38’s authorized payment processor. Carbon38’s authorized payment processor will charge the payment method provided by you to the Services for the total amount displayed in your Shopping Cart.  Further, if you make payments within our Services by using Apple Pay or Google Pay, your use of Apple Pay or Google Pay will be subject to Apple’s (in the case Apple Pay) or Google’s (in the case of Google Pay) end user terms for their respective terms of service for such payment services.

You hereby authorize Carbon38 or its authorized payment processor to charge the Paypal or credit or debit card account or other payment method provided by you for the total amount displayed in your Shopping Cart for each purchase. You acknowledge and agree that all information you provide with regards to a purchase of products, including, without limitation, credit card, debt card, PayPal, or other payment information, is accurate, current and complete. You represent and warrant that you are authorized to use and have fees charged to the PayPal or credit or debit card account or other payment method provided to Carbon38.

We reserve the right, with or without prior notice and in our sole and complete discretion, to refuse to allow any user to purchase any product or deliver such products to a user or a user designated address. Orders will not be processed until payment has been received in full, and any holds on your account by PayPal, your payment card carrier, or any other payment processor are solely your responsibility.

  1. Order Acceptance; Shipment

Once we receive your order, we will provide you with an order confirmation. Your receipt of an order confirmation, however, does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. We reserve the right at any time after receiving your order to accept or decline your order for any reason and in our sole discretion. If we cancel an order after you have already been billed, then we will refund the billed amount. Title and risk of loss for any purchases of physical products pass to you upon our delivery of the products to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and notwithstanding anything to the contrary herein, the portion of any order that is partially shipped may be charged at the time of shipment. All orders are shipped using one of our third-party couriers. Online tracking may be available at our courier’s website (for example, FedEx), though we make no warranties regarding its availability because it is not under our control. While deliveries may be scheduled for a specified arrival, we cannot guarantee delivery by any specific date or time. 

  1. Changes and Pricing

Carbon38 may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any products. While we attempt to be as accurate as we can in our descriptions for the products, we do not warrant that product descriptions are accurate, complete, reliable, current, or error-free. The inclusion of any products for purchase through the Services at a particular time does not imply or warrant that the products will be available at any other time. We reserve the right to change prices for products displayed on the Services at any time, and to correct pricing errors that may inadvertently occur (and to cancel any orders in our sole discretion that were purchased with pricing errors). All such changes shall be effective immediately upon posting of such new product prices to the Services and/or upon making the customer aware of the pricing error. Additional terms on pricing and sales are set forth on the Prices/Sales/Promo Codes page within our FAQs available at https://carbon-38.myshopify.com/pages/faq (or such other successor URL that we may designate from time to time).

  1. Promotional Codes

We may offer certain promotional codes, referral codes, discount codes, coupon codes or similar offers (“Promotional Codes”) that may be redeemed for discounts on future products, or other features or benefits related to the Services. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting Services, or otherwise), unless expressly permitted by Carbon38; (d) may be disabled or have additional conditions applied to them by Carbon38 at any time for any reason without liability to Carbon38; (e) may only be used pursuant to the specific terms that Carbon38 establishes for such Promotional Code; (f) are not valid for cash or other credits or points; (g) may not be combined with any other promotional, discount, referral, or coupon code; and (h) may expire prior to your use. Use of Promotional Codes is subject to additional terms set forth on the Prices/Sales/Promo Codes page within our FAQs available at https://carbon-38.myshopify.com/pages/faq (or such other successor URL that we may designate from time to time).

  1. Gift Cards

Gift cards, including any promotional credits and merchandise credits thereon, containing stored money value may be offered by us for the purchase of products (“Gift Cards”). The purchase and use of Gift Cards is subject to our Gift Card Terms and Conditions available at https://carbon-38.myshopify.com/pages/gift-card-terms-and-conditions (or such other successor URL that we may designate from time to time), which are incorporated into these Terms by reference, and additional terms within our FAQs as set forth at https://carbon-38.myshopify.com/pages/faq (or such other successor URL that we may designate from time to time).

  1. Returns and Refunds

Carbon38 accepts returns of certain purchased products. For information on our returns policy, please visit our Returns & Exchanges page of the FAQs available at https://carbon-38.myshopify.com/pages/faq (or such other successor URL that we may designate from time to time).

  1. NO USE BY CHILDREN

Children under the age of 18 are not permitted to use the Services.  Users are not allowed to give Carbon38 the personal information of any persons under the age of 18 for delivery or shipping purposes or any other reason.

  1. Right to Use the Services

On the condition that you fully comply with these Terms, Carbon38 grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Services for your own personal, non-commercial use. Except as expressly authorized by these Terms, you may not (a) download, modify, disclose, alter, translate or create derivative works of the Services, (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Services, (c) disassemble, decompile or reverse engineer any of the software components of the Services, (d) copy, frame or mirror any part of the Services, (e) use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services, (f) use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services, (g) exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation, (h) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services, (i) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same, (j) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful, (k) violate any applicable law or regulation in connection with your access to or use of the Services, or (l) attempt to gain unauthorized access to the Services or its related systems or networks. 

You may not post or otherwise make available on or through the Services any of the following:

  • Private information of any other persons (including names, email addresses, phone numbers, Social Security numbers and financial information);
  • Content that is libelous, defamatory, abusive, offensive or hateful;
  • Content that is obscene, pornographic, indecent or sexually explicit, depicts graphic, excessive or gratuitous violence;
  • Content that is illegal, harmful or offensive or that would encourage, solicit, foster, glorify or provide instructions for any criminal or civil offense;
  • Content that may infringe, misappropriate or violate any intellectual property rights, rights of privacy, rights of publicity or any other rights of others;
  • Viruses, corrupted data or other harmful, disruptive or destructive files or code;
  • Content that, in Carbon38’s judgment, is objectionable, may restrict or inhibit another from enjoying the Services or may expose Carbon38 or users of the Services to harm or liability of any type; and/or
  • Content that you are contractually or legally required to keep confidential.

Also, you may not do any of the following in connection with the Services or other users:

  • Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services;
  • Collect any personal information about other users;
  • Intimidate, threaten, stalk, bully or otherwise harass other users;
  • Post spam through the Services;
  • Use the Services for any illegal or unauthorized purpose or to engage in, encourage or promote any activity that is unlawful or that violates these Terms.

Your use of the Services is at your own risk. Carbon38 is not responsible or liable for the conduct of, or your interactions with, any other users (whether online or offline) or for any related damage or harm. As a provider of interactive services, Carbon38 is not liable for the content of any reviews. Although we have no obligation to screen, edit or monitor reviews, we reserve the right, and have the discretion, to screen, edit or remove any reviews at any time, for any reason and without notice.

  1. Reporting and Removal

Carbon38 users may report content to Carbon38 that they think violates these Terms, and Carbon38 may remove such content, suspend or terminate the account of the user who posted or otherwise made available such content and/or take additional action to enforce these Terms against such user.

DMCA Policy

If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:

  • identification of the copyrighted work that is claimed to be infringed;
  • identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Services;
  • information for our copyright agent to contact you, such as an addre