ITBE CLUB LLC — Terms of Use

These Terms of Use (“Terms”) govern access to and use of the website, online store, and related services provided by ITBE Club LLC trading as “itbe” (“ITBE,” “we,” “us,” “our”). By accessing or using the Services, you agree to these Terms and to our Privacy Policy.

1) Eligibility & Accounts

You must be at least the age of majority in your jurisdiction (and in any case not under 16) to use the Services. You are responsible for safeguarding your account credentials and for all activity under your account. Notify us immediately of any unauthorized use.

2) Orders, Pricing, Billing & Taxes

By placing an order, you make an offer to purchase the products in your cart. We may accept or decline any order at our sole discretion (including after acknowledgment/confirmation). If we cancel, modify, or decline an order, we will attempt to notify you using the email, billing address, and/or phone number provided at checkout. We may limit quantities per person, household, region, or order.

Prices, promotions, and availability may change without notice. Unless expressly stated otherwise, published prices exclude taxes, shipping/handling, duties, and import fees, which are calculated at checkout.

You agree to provide current, complete, and accurate purchase, payment, and account information and to promptly update it (including email, card numbers, and expiration dates) so we can complete transactions and contact you as needed.

Purchases are for personal or household use only and not for commercial resale or export unless we expressly agree in writing.

By placing an order, you authorize us and our processors to charge your selected payment method for the full amount due.

2.1) Product Descriptions, Colors & Availability

We make reasonable efforts to accurately display product information, including colors and images; however, the color/appearance you see can vary based on your device and settings. Descriptions, features, and availability may change at any time without notice. We may discontinue any product at any time and do not guarantee that products will meet your individual expectations.

3) Subscriptions & Auto-Renewals

If you enroll in a subscription, it will automatically renew for the then-current term unless you cancel before renewal. You can cancel any time in your account or by contacting support; cancellation becomes effective at the end of the current billing period. Renewal terms, pricing, and how to cancel are disclosed at checkout.

4) Shipping, Delivery, Risk of Loss & Title

Orders ship to the address you provide. Delivery dates are estimates, not guarantees. We are not responsible for carrier delays, customs processing, or events beyond our control. Risk of loss and title pass to you upon delivery by the carrier.

5) Returns & Exchanges

Your purchase is subject to our Return & Exchange Policy. Follow the instructions in that policy to initiate a return or exchange. We may refuse returns that do not comply with the policy.

6) Product Information & Safety (Cosmetics & Supplements)

• Cosmetics: Results vary by individual. Perform a patch test before first use; discontinue if irritation occurs. Products are for external use only.
• Supplements: Use only as directed. Keep out of reach of children. Consult a qualified healthcare professional before use, especially if pregnant, nursing, taking medication, or with a medical condition.
• Medical/FDA Disclaimer: Content on the Services is for informational purposes only and does not constitute medical advice. Products are not intended to diagnose, treat, cure, or prevent any disease. Statements may not have been evaluated by the U.S. Food and Drug Administration.

7) User Content, Reviews & Feedback

If you submit reviews, comments, photos, suggestions, or other content (“User Content”), you grant ITBE a worldwide, royalty-free, transferable, sublicensable license to use, reproduce, modify, publish, translate, create derivative works from, distribute, perform, and display such content in connection with the Services and our marketing.

You represent you own or control all rights to your User Content and that it does not violate laws or third-party rights. We may moderate or remove content at our discretion. If you received compensation or incentives in connection with a review, you must clearly disclose this in compliance with FTC guidelines.

8) Acceptable Use (Prohibited Uses)

You agree not to: (a) violate laws; (b) infringe IP, privacy, or publicity rights; (c) upload malware or harmful code; (d) scrape, crawl, or use bots without our written permission; (e) bypass security; (f) interfere with the Services; (g) misrepresent your identity; (h) resell, copy, or exploit the Services except as expressly permitted; (i) harass, threaten, or harm others; (j) transmit false, misleading, or spam communications.

9) Intellectual Property

The Services and their content (including trademarks, text, graphics, images, videos, audio, selection, and arrangement) are owned by or licensed to ITBE and protected by U.S. and international IP laws. You receive a limited, revocable, non-transferable license to access and use the Services for personal, non-commercial purposes. All trademarks, logos, and brand names are the property of their respective owners. All rights not expressly granted are reserved.

10) Optional Tools & Beta Features

We may provide access to third-party tools or beta features “as is” and “as available,” without warranties or endorsement, and without liability arising from your use. Use them at your own risk and review applicable third-party terms.

11) Third-Party Links & Services

The Services may link to or integrate third-party websites, platforms, or features (including embedded functionality). We are not responsible for such sites or their policies. Access and use them at your own risk and review their terms and privacy practices carefully.

12) SMS/MMS Terms (if you opt in)

By opting in, you agree to receive recurring automated marketing and transactional messages at the phone number provided. Consent is not a condition of purchase. Message and data rates may apply. Frequency varies. Reply STOP to cancel, HELP for help, or contact us via our website form. Carriers are not liable for delayed or undelivered messages. We may change short/long codes and will notify you as required. See our Privacy Policy for details.

13) DMCA/Copyright Policy (U.S.)

If you believe content on the Services infringes your copyright, send a notice to our DMCA Agent:

• DMCA Agent: ITBE Club
• Email: hello@itbeclub.com

Your notice must include: (1) your physical or electronic signature; (2) identification of the copyrighted work; (3) identification of the material claimed to be infringing and its location; (4) your contact information; (5) a statement of good-faith belief; and (6) a statement that the information is accurate and, under penalty of perjury, you are authorized to act.

14) Errors, Inaccuracies & Omissions

Information on the Services may contain typographical errors, inaccuracies, or omissions (including product descriptions, pricing, promotions, offers, shipping charges, delivery times, and availability). We reserve the right to correct, change, or update information or cancel orders if any information is inaccurate, at any time without prior notice (including after you submit your order).

15) Disclaimer of Warranties

The Services and all products are provided “AS IS” and “AS AVAILABLE.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, non-infringement, and uninterrupted or error-free operation. Your use is at your sole risk.

16) Limitation of Liability

To the fullest extent permitted by law, ITBE and its affiliates, officers, directors, employees, agents, service providers, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, data, goodwill, or other intangible losses, arising from or related to the Services or products.

Our total liability for any claim will not exceed the greater of (a) US$100 or (b) the amounts you paid to ITBE for the product(s) giving rise to the claim during the six (6) months preceding the event.

Some jurisdictions do not allow certain limitations; some limitations may not apply.

17) Indemnification

You agree to indemnify, defend, and hold harmless ITBE (and Shopify as applicable), and our respective affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from and against all third-party claims, losses, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising from your breach of these Terms, violation of law, or misuse of the Services. We will notify you of any indemnifiable claim and may control its defense and settlement at your expense.

18) Governing Law; Dispute Resolution (Binding Arbitration; Class-Action Waiver)

Governing law: The laws of the State of Florida, USA (excluding conflict-of-laws rules).

Arbitration: Any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration under the U.S. Federal Arbitration Act and [AAA or JAMS] rules, in Osceola County, Florida, in English, before a single arbitrator. You and ITBE waive the right to jury trial and to participate in class actions. Either party may seek injunctive relief in court to protect IP or confidential information. Small-claims matters may proceed in that forum.

Opt-out: You may opt out of arbitration within 30 days of first agreeing to these Terms by emailing hello@itbeclub.com with the subject “Arbitration Opt-Out”.

19) Termination

We may suspend or terminate your access to the Services at any time, with or without notice, including for suspected violations of these Terms. You may stop using the Services at any time.

20) Changes to the Services or Terms

We may modify the Services and these Terms at any time. If we make material changes, we will notify you (e.g., by posting updated Terms and updating the date). Your continued use after changes means you accept the updated Terms. You may review the most current version at any time on this page.

21) Privacy

Personal information collected through the Services is subject to our Privacy Policy. Because our Services are hosted by Shopify, certain personal information may also be processed under Shopify’s privacy policy. Information you submit may be transferred to and processed in countries other than yours to provide the Services.

22) Assignment

You may not assign or transfer these Terms (or any rights or obligations) without our prior written consent. We may assign or transfer these Terms at any time without notice.

23) Severability

If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.

24) Waiver; Entire Agreement

Our failure to enforce any right or provision is not a waiver. These Terms, together with any policies referenced herein (including the Privacy Policy and Return & Exchange Policy), constitute the entire agreement between you and ITBE regarding the Services and supersede all prior or contemporaneous agreements.

25) Headings

Headings are for convenience only and do not affect interpretation.

26) Contact