Terms of Use

Welcome to the GIVIDA Activewear Web Site (‘Site’). Please review the following basic terms that govern your use of and purchase of products from the GIVIDA Activewear Site. Please note that your use of the GIVIDA Activewear Site constitutes your agreement to follow and be bound by these terms (the ‘Agreement’).

General

By posting, distributing, sending or displaying any comment, message (including email), data, information, text, music, sound, photos, graphics, or other content (the “User Generated Content”) to the Site, you (A) grant, and represent and warrant that you have the right to grant, to GIVIDA Activewear a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid and sublicenseable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the User Generated Content throughout the world; (B) grant GIVIDA Activewear and its affiliates and sublicensees the right to use the name that you submit in connection with such User Generated Content; and (C) represent and warrant that (i) you own and control all of the rights to the User Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Generated Content to or through the Site; (ii) such User Generated Content is accurate and not misleading; and (iii) use and posting or other transmission of such User Generated Content does not violate these Conditions and will not violate any rights of, or cause injury to, any person or entity. You further grant GIVIDA Activewear the right to pursue at law any person or entity that violates your or GIVIDA Activewear’s rights in the User Generated Content by a breach of these Conditions.

User Generated Content submitted by users is deemed non-confidential and GIVIDA Activewear is under no obligation to treat such User Generated Content as proprietary information. Without limiting the foregoing, GIVIDA Activewear reserves the right to use the User Generated Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. GIVIDA Activewear is under no obligation to offer you any payment for User Generated Content or to attribute authorship of User Generated Content to you. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the User Generated Content, you hereby agree that (A) you do not require that any personally identifying information be used in connection with the User Generated Content, or any derivative works of, or upgrades or updates thereto; (B) you do not oppose the publication, use, modification, deletion and exploitation of the User Generated Content by GIVIDA Activewear or its agents; (C) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the User Generated Content; and (D) you release GIVIDA Activewear from any claims that you could otherwise assert against GIVIDA Activewear by virtue of any moral rights.

Disclaimer

This site and all contents of the site are provided on an ‘as is’ basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of the site, that your use of the site 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 of our site, and that GIVIDA Activewear shall not be liable for any damages of any kind related to your use of this site.

Trademarks

‘GIVIDA ACTIVEWEAR’ is a registered trademark, service mark, and/or trade name of GIVIDA Activewear. All other trademarks, service marks, and trade names contained in the Site are the properties of the respective owners. GIVIDA Activewear disclaims any proprietary interest in trademarks, service marks and trade names other than its own. No use of these marks may be made without the prior written authorization of GIVIDA Activewear, except as necessary to accurately identify the products or services of GIVIDA Activewear.

User Comments, Feedback, Postcards and Other Submissions

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to GIVIDA Activewear on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, ‘Comments’) shall be and remain GIVIDA Activewear’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to GIVIDA Activewear of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, GIVIDA Activewear will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. GIVIDA Activewear is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. You agree that GIVIDA Activewear may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that GIVIDA Activewear may use your information for marketing and promotional purposes.

GIVIDA Activewear’s Communications to You

You agree that GIVIDA Activewear may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of GIVIDA Activewear’s products or services, or for such other purpose(s) as GIVIDA Activewear deems appropriate.

Contests/Promotions

Any contests or promotions described or posted on this Site shall be governed by the rules regulating such event.

Colors

We have made every effort to display, as accurately as possible, the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Links to Other Web Sites and Services

This Site may contain links to outside services and resources. You acknowledge that (A) GIVIDA Activewear is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites; and (B) GIVIDA Activewear is not responsible for any other form of transmission received from any linked site. GIVIDA Activewear is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GIVIDA Activewear of the site. Any concerns regarding any such link should be directed to the particular third party website.

Customs, Duties and Taxes

You are responsible for assuring that the product can be lawfully imported to the destination country. When ordering from GIVIDA Activewear.org, the recipient is the importer of record and must comply with all laws and regulations of the destination country. Orders that are shipped to countries outside of the United States may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches your country. Additional charges for customs clearance must be borne by the recipient; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for further information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates.

Inaccuracy Disclaimer

From time to time there may be information on giveactivewear.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you are not completely satisfied with your GIVIDA Activewear purchase, you may return it with your invoice to GIVIDA Activewear by mail. Please see our Return Policy for details.

Return and Exchange Policy

You may exchange your item within 30 days of purchase for a different size. If we do not have the size you need available, we will offer store credit or a full refund if requested. GIVIDA Activewear does not guarantee the exchange or credit for a defective item. If the shirt is damaged with a stain, rip, or tear and the item is returned within 30 days of receipt GIVIDA Activewear will consider an exchange or refund. In the case of a refund for a defective item. Repack the item(s) in the bag your order was shipped in, and return the package to GIVIDA Activewear. GIVIDA Activewear will reimburse shipping charges only on items declared defective (up to $9.00) Make sure you thoroughly research, check, double check, and ask plenty of questions to make sure that you are ordering the correct fit.

If returning or exchanging an item, all items must be unused and include the original packaging. Clothing must be clean and unwashed with all tags. Returned items smelling of smoke, containing pet or human hair, or being deemed by GIVIDA Activewear as previously worn or tampered with will not be accepted. Once clothing has been worn and/or washed it cannot be returned or exchanged.