Ritzy Black – Terms of Use and Services

Effective Date: September 1, 2022

Welcome to the Ritzy Black website and mobile application. These Terms of Use and Services (“Terms”) govern your access to and use of the Ritzy Black website located at ritzyblack.com, the Ritzy Black mobile application, and any related products, services, content, features, communications, and functionality offered by RITZY BLACK, LLC (“RITZY BLACK,” “we,” “our,” or “us”) (collectively, the “Services”).

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not access or use the Services.

1. Acceptance of Terms

Your use of the Services constitutes your agreement to these Terms and to our Privacy Policy. We may update these Terms from time to time by posting revised Terms. Your continued use of the Services after revised Terms become effective means you accept the revised Terms.

2. Description of the Services

The Services may include:

– our e-commerce website

– our mobile application

– account login and customer account access

– cart and checkout functionality

– embedded or in-app display of website content

– push notifications

– deep linking or app link support

– optional health-related features such as step count display

– optional local workout reminders

– customer support and communications

– promotional or marketing content

Certain features may only be available on supported devices or in supported regions.

3. Eligibility

You represent that you are at least the age of majority in your state or province of residence, or that you have obtained any legally required consent to use the Services.

4. Accounts and Credentials

Certain parts of the Services may require an account. You are responsible for:

– providing accurate and current information

– maintaining the confidentiality of your login credentials

– restricting access to your device and account

– all activity occurring under your account unless prohibited by law

We reserve the right to suspend or terminate access if we believe information is inaccurate, activity is unauthorized, or use violates these Terms.

5. Purchases, Orders, and Payments

All purchases made through the Services are subject to acceptance, availability, pricing, shipping restrictions, and fraud review.

We reserve the right to:

– limit quantities

– reject or cancel orders

– correct pricing or typographical errors

– refuse service

– restrict transactions that appear fraudulent or abusive

Payments may be processed by third-party providers. We are not responsible for independent third-party payment processing terms or privacy practices.

6. Mobile App Terms

If you use the Ritzy Black mobile app:

– the app may require internet access, software updates, and supported device settings

– some app features may rely on third-party services, system permissions, or device capabilities

– portions of our website may be displayed within the app through embedded web content

– use of embedded web content remains subject to these Terms and our Privacy Policy

We grant you a limited, revocable, non-exclusive, non-transferable license to install and use the app for your personal, non-commercial use in accordance with these Terms.

7. Health and Fitness Features

The app may offer optional health-related features, including displaying approximate daily steps from Apple Health, Health Connect, or other supported health frameworks if you choose to authorize access.

You understand and agree that:

– these features are optional

– health data access depends on permissions you grant

– health-related information shown in the app is for general informational use only

– the Services do not provide medical advice, diagnosis, or treatment

– the Services are not intended for emergency or clinical use

You should consult a qualified medical professional before beginning or modifying any exercise, wellness, or fitness routine.

If you choose to use a step synchronization feature, data such as date and step count may be sent to our configured service endpoint.

8. Notifications and Communications

If you permit notifications, we may send you service-related, transactional, promotional, or reminder notifications through the app or through third-party providers such as OneSignal.

If you enable workout reminders, the app may schedule local notifications on your device based on your selected days and time.

You may disable notifications at any time through your device settings.

9. Deep Links and External Links

The app or Services may support deep links, universal links, or external links that open specific content or pages.

We are not responsible for the availability, content, privacy practices, or terms of third-party websites, services, or platforms linked from the Services.

10. Prohibited Uses

You agree not to use the Services to:

– violate any applicable law or regulation

– infringe the rights of others

– submit false, misleading, or fraudulent information

– attempt unauthorized access to systems, accounts, or networks

– interfere with the operation, security, or integrity of the Services

– upload malware, malicious code, or harmful content

– scrape, copy, mirror, or exploit the Services for unauthorized commercial purposes

– harass, abuse, threaten, or harm other users or us

– misuse promotions, accounts, coupons, or refund processes

– use the Services in a way that could damage our brand, systems, or business operations

11. Intellectual Property

All content, materials, software, designs, logos, trademarks, graphics, text, images, videos, and other elements of the Services are owned by RITZY BLACK or its licensors and are protected by applicable intellectual property laws.

Except as expressly permitted, you may not copy, reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, transmit, publish, or otherwise exploit any part of the Services without our prior written consent.

12. User Content

If you submit reviews, comments, suggestions, communications, social media tags, or other content to us or through the Services, you grant RITZY BLACK a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, display, modify, publish, distribute, and otherwise exploit that content in connection with our business, subject to applicable law.

You represent that you have the right to provide such content and that it does not violate the rights of others or applicable law.

We reserve the right, but not the obligation, to remove or refuse content in our sole discretion.

13. Promotions and Codes

Any promotion, coupon, discount, or campaign may be subject to separate terms, exclusions, limits, expiration dates, and availability restrictions. We reserve the right to modify or discontinue promotions at any time.

14. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” TO THE MAXIMUM EXTENT PERMITTED BY LAW.

RITZY BLACK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, AND ERROR-FREE OPERATION.

We do not guarantee that the Services will be uninterrupted, secure, or free from defects, delays, inaccuracies, or harmful components.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RITZY BLACK AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US, IF ANY, FOR THE RELEVANT PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

16. Indemnification

You agree to defend, indemnify, and hold harmless RITZY BLACK and its affiliates, officers, directors, employees, agents, and service providers from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

– your use of the Services

– your violation of these Terms

– your violation of any law or the rights of a third party

– content or information you submit

– your misuse of health, notification, or account-related features

17. Termination

We may suspend, restrict, or terminate your access to the Services at any time, with or without notice, if we believe you violated these Terms, applicable law, or our policies, or if continued access could create risk, harm, or liability.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of law rules, except to the extent otherwise required by applicable consumer protection law.

19. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY.

Any dispute, claim, or controversy arising out of or relating in any way to these Terms, the Services, any purchase, transaction, return, communication, or relationship between you and RITZY BLACK (a “Dispute”) shall be resolved through binding arbitration rather than in court, except that either party may bring an individual claim in small claims court if eligible.

Any party intending to seek arbitration must first send written notice describing the Dispute and requested relief. If the parties do not resolve the Dispute within thirty (30) days, either party may commence arbitration.

Any arbitration shall be administered by the American Arbitration Association under its applicable rules. Arbitration may be conducted by telephone, written submissions, in the county where you live, or another mutually agreed location, subject to applicable rules.

20. Class Action Waiver

You and RITZY BLACK agree that any Dispute shall be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative action.

If the class action waiver is unenforceable, then the Dispute shall proceed in court rather than arbitration to the extent required by law.

21. App Store and Platform Terms

If you download or use the mobile app through Apple App Store, Google Play, or another platform, you acknowledge that:

– these Terms are between you and RITZY BLACK, not the platform provider

– the platform provider is not responsible for the Services

– your use of the app must comply with the applicable platform terms

22. Changes to the Services

We may change, suspend, discontinue, or update any part of the Services at any time, including features, content, pricing, promotions, design, or technical functionality.

23. General Terms

If any provision of these Terms is held unenforceable, the remaining provisions shall remain in effect.

Our failure to enforce any provision is not a waiver.

These Terms constitute the entire agreement between you and RITZY BLACK regarding the Services, except for any additional terms that expressly apply to certain products, services, or promotions.

24. Contact Us

If you have questions about these Terms, please contact:

support@ritzyblack.com

RITZY BLACK, LLC

1 S Dearborn St 20th Floor,
Chicago, IL 60603,
United States