TERMS OF SERVICE

OVERVIEW

Welcome to HyA Performance Wear, an online store specializing in women’s activewear and performance apparel.

The terms “we,” “us,” and “our” refer to HyA Performance Wear. HyA Performance Wear operates this store and website, including all related information, content, features, tools, products, and services made available through the website (collectively, the “Services”).

Our store is powered by Shopify, which provides the e-commerce technology that enables us to offer our Services to you.

These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when accessing, browsing, purchasing from, or otherwise using our Services.

Please read these Terms of Service carefully before using our website.

By accessing, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not access or use our Services.

SECTION 1 - ACCESS AND ACCOUNTS

By using our Services, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence, or that you otherwise have the legal authority necessary to use our Services.

To make a purchase, you may be required to provide certain information, including your name, email address, billing address, shipping address, and payment information.

You represent and warrant that all information you provide to us is accurate, complete, and current.

If you create an account, you are responsible for maintaining the confidentiality and security of your account credentials and for all activities conducted through your account.

You may not transfer, sell, assign, or otherwise provide your account to another person without authorization.

SECTION 2 - OUR PRODUCTS

HyA Performance Wear offers women’s activewear, performance apparel, and related clothing products.

We make reasonable efforts to display the colors, designs, features, and appearance of our products as accurately as possible. However, actual colors and appearance may vary depending on your device, display settings, lighting, and other factors.

Specific information regarding sizing, materials, colors, care instructions, and other product characteristics will be provided on the applicable product page when available.

We cannot guarantee that the appearance of a product displayed on your screen will exactly match its physical appearance.

We reserve the right to modify product descriptions, pricing, availability, features, or specifications when necessary.

We may also limit available quantities or discontinue products at our discretion.

SECTION 3 - ORDERS

When you place an order with HyA Performance Wear, you are submitting an offer to purchase the selected products.

We reserve the right to accept, reject, or cancel an order when there is a valid reason to do so, including product availability issues, payment problems, incorrect information, suspected fraud, or errors relating to a product or its price.

An order will not be considered fully accepted until payment has been successfully processed and the order has been confirmed.

Please carefully review your order and information before completing your purchase.

If you need to request a modification or cancellation, contact us as soon as possible at:

support@hyaperformancewear.com

We cannot guarantee that an order can be modified or canceled once processing has begun.

Returns, exchanges, and refunds are subject to our Refund and Return Policy.

SECTION 4 - PRICING AND BILLING

Product prices, discounts, and promotions are subject to change without notice.

The price charged for a product will generally be the price displayed at the time your order is placed, subject to correction in the event of an obvious pricing or technical error.

Applicable taxes, shipping charges, and other fees may be calculated and displayed during checkout.

You agree to provide current, complete, and accurate purchase, billing, account, and payment information.

By providing a payment method, you represent that you are authorized to use that payment method for the transaction.

Promotions and discounts may be subject to additional conditions, limitations, and expiration dates.

SECTION 5 - SHIPPING AND DELIVERY

Available shipping methods, rates, and delivery options will be displayed during checkout when applicable.

Processing and delivery times may vary depending on destination, product availability, shipping carrier, order volume, and other circumstances.

Any delivery date or timeframe provided is an estimate and is not guaranteed unless expressly stated otherwise.

HyA Performance Wear is not responsible for delays caused by shipping carriers, customs procedures, severe weather, natural events, or other circumstances beyond our reasonable control, to the extent permitted by applicable law.

When tracking information is available, it will be sent to the email address associated with your order.

For questions regarding your shipment, please contact:

support@hyaperformancewear.com

Please include your order number so we can assist you more efficiently.

SECTION 6 - INTELLECTUAL PROPERTY

Unless otherwise stated, original content owned by HyA Performance Wear, including our trade names, logos, designs, photographs, images, videos, text, graphics, and other brand materials, is protected by applicable intellectual property laws.

Access to our website does not grant you ownership of any such content.

You may not reproduce, distribute, modify, sell, republish, or commercially exploit content owned by HyA Performance Wear without appropriate authorization.

Trademarks, names, logos, and materials belonging to Shopify or other third parties remain the property of their respective owners.

SECTION 7 - THIRD-PARTY TOOLS AND SERVICES

We may provide access to tools, applications, payment services, or other features offered by third parties.

Certain features of our store may depend on these third-party providers.

Your use of third-party services may also be subject to the terms, conditions, and privacy policies established by those providers.

HyA Performance Wear does not necessarily control the operation, availability, or practices of services provided independently by third parties.

SECTION 8 - THIRD-PARTY LINKS

Our Services may contain links to websites, applications, or services operated by third parties.

These third-party websites may have terms, privacy policies, and practices that differ from ours.

We encourage you to review their policies before providing personal information or completing transactions.

HyA Performance Wear does not control the content or practices of independently operated third-party websites.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

HyA Performance Wear uses technology provided by Shopify to operate and provide certain features of our online store.

However, purchases made through our store are transactions directly between you and HyA Performance Wear, not Shopify.

Shopify provides technology and infrastructure that enable certain functions of our store, while HyA Performance Wear remains responsible for sales made directly through our store, subject to applicable terms and laws.

SECTION 10 - PRIVACY POLICY

Personal information collected through our Services is handled in accordance with our Privacy Policy.

By using our Services, you acknowledge that certain information may be processed by Shopify and other service providers as necessary to operate our store, process orders and payments, prevent fraud, provide customer support, and deliver other functionality.

For additional information about how personal information is collected, used, disclosed, and protected, please review the Privacy Policy available on our website.

SECTION 11 - REVIEWS, FEEDBACK, AND USER CONTENT

If you voluntarily submit a review, comment, suggestion, idea, photograph, or other content relating to our products or Services, you represent that you have the necessary rights to provide that content.

You may not submit content that is unlawful, abusive, threatening, defamatory, deceptive, obscene, or that infringes the rights of another person or entity.

You may not use false information to impersonate another person.

We reserve the right to moderate, restrict, or remove content that we reasonably determine violates these Terms, applicable law, or the rights of others.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

Our website may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, availability, shipping charges, delivery times, or other information.

We reserve the right to correct errors, update information, or cancel orders affected by inaccurate information, to the extent permitted by applicable law.

We make reasonable efforts to keep information on our store accurate and current.

SECTION 13 - PROHIBITED USES

You may not use our website or Services for unlawful, fraudulent, abusive, or unauthorized purposes.

Prohibited activities include, but are not limited to:

• Introducing viruses, malware, or other malicious code.
• Attempting to gain unauthorized access to our systems or accounts.
• Unlawfully collecting personal information belonging to others.
• Impersonating another person or entity.
• Using our Services to commit fraud.
• Infringing copyrights, trademarks, or other intellectual property rights.
• Intentionally interfering with the security or operation of our store.
• Using our Services in violation of applicable federal, state, local, or international laws.

We reserve the right to restrict or terminate access to our Services when these Terms are violated.

SECTION 14 - AUTOMATED SYSTEMS AND AGENTS

Automated access to our Services must comply with applicable technical restrictions, security measures, and other requirements established by us or our service providers.

You may not use automated systems to circumvent security measures, CAPTCHA systems, access restrictions, rate limits, or other mechanisms intended to protect our Services.

We may restrict or block automated access when reasonably necessary to protect the security, availability, integrity, or proper operation of our Services.

SECTION 15 - TERMINATION

We may restrict, suspend, or terminate a user’s access to certain Services when there is a violation of these Terms, suspected fraud, abuse, unlawful activity, or a material risk to our store, customers, or systems.

Any provisions that by their nature should survive termination will remain effective after termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

To the maximum extent permitted by applicable law, our Services are provided on an “as is” and “as available” basis.

Although we make reasonable efforts to maintain the proper operation of our website, we do not guarantee that the Services will always be uninterrupted, timely, secure, or completely free from technical errors.

Nothing in these Terms is intended to exclude or limit any warranty, consumer protection, or other right that cannot legally be excluded under applicable law.

SECTION 17 - LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, HyA Performance Wear will not be liable for indirect, incidental, special, punitive, or consequential damages arising from or relating to the use of our Services or products where such liability may legally be limited.

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless HyA Performance Wear and its applicable affiliates, service providers, representatives, and partners from third-party claims arising directly from your violation of these Terms, violation of applicable law, or infringement of another party’s rights.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law.

The invalidity or unenforceability of one provision will not affect the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER AND ENTIRE AGREEMENT

Our failure to immediately exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with the policies and rules posted on our website, constitute the applicable agreement between you and HyA Performance Wear regarding your use of the Services.

SECTION 21 - ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms where such transfer is prohibited by law or requires our prior consent.

HyA Performance Wear may transfer or assign certain rights and obligations when reasonably necessary as part of a business reorganization, sale, transfer, merger, or other transaction permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any agreements relating to the Services provided by HyA Performance Wear will be governed by and construed in accordance with the applicable laws of the State of New Jersey, United States, without regard to its conflict-of-law principles.

Any dispute relating to these Terms or the use of our Services will be subject to the jurisdiction of the appropriate courts located in the State of New Jersey, except where applicable consumer protection or other mandatory laws provide otherwise.

SECTION 23 - HEADINGS

The headings used in these Terms are included solely for convenience and organization and will not limit or otherwise affect the interpretation of these Terms.

SECTION 24 - CHANGES TO THESE TERMS OF SERVICE

We reserve the right to update or modify these Terms of Service when necessary to reflect changes to our Services, business practices, legal requirements, or other circumstances.

The most current version of these Terms will be available on this page.

Where required by applicable law, we will provide appropriate notice of material changes.

Your continued use of the Services following the effective date of updated Terms constitutes acceptance of those changes to the extent permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions regarding these Terms of Service or our Services may be directed to:

HyA Performance Wear

Customer Support: support@hyaperformancewear.com
Sales: sales@hyaperformancewear.com

HyA Performance Wear operates in the State of New Jersey, United States.

Additional business contact or registration information will be provided where required by applicable law.