Terms of Service

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.

By accessing, browsing, or using www.thenecklife.com (the "Site"), placing an order, creating an account, or engaging with our services, you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"), along with our Privacy Policy, Return & Refund Policy, and all other policies referenced herein.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE OR MAKE PURCHASES.

1) Acceptance of Terms

These Terms constitute a legally binding agreement between you and The Neck Life, LLC ("we," "us," or "Company"). By using this Site, you represent that:

• You are at least 18 years old or have parental/guardian consent.
• You have the legal capacity to enter into binding contracts.
• All information you provide is accurate, current, and complete.
• You will comply with all applicable laws and regulations.

2) Changes to Terms

We reserve the right to modify, update, or replace these Terms at any time without prior notice. Changes will be posted on this page with a new "Effective Date." Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms.

It is your responsibility to review these Terms periodically.

3) Use of the Site

a) Permitted Use

You may use the Site for lawful purposes only, including:

• Browsing and purchasing products.
• Creating an account and managing orders.
• Contacting customer service.
• Viewing content, blogs, and educational materials.

b) Prohibited Use

You agree NOT to:

• Use the Site for any unlawful, fraudulent, or harmful purpose.
• Impersonate any person or entity or misrepresent your affiliation.
• Interfere with or disrupt the Site's functionality or servers.
• Use automated tools (bots, scrapers, crawlers) without written permission.
• Reverse engineer, decompile, or attempt to extract source code.
• Upload or transmit viruses, malware, or malicious code.
• Violate any applicable laws, including privacy, intellectual property, or consumer protection laws.
• Harass, abuse, or harm other users or our staff.

Violation of these prohibitions may result in account suspension, termination, and legal action.

4) Account Registration

To access certain features (order tracking, saved preferences, faster checkout), you may create an account. By creating an account, you agree to:

• Provide accurate and complete registration information.
• Maintain the security and confidentiality of your password.
• Notify us immediately of any unauthorized use of your account.
• Accept responsibility for all activities under your account.

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.

5) Products & Pricing

a) Product Descriptions

We make reasonable efforts to display accurate product descriptions, images, specifications, and pricing. However:

• Product images may differ slightly in color, size, or appearance from the actual product.
• Descriptions are provided by vendors and may contain errors or omissions.
• We do not warrant that product descriptions are accurate, complete, reliable, current, or error-free.

b) Pricing & Availability

• All prices are in U.S. Dollars (USD) unless otherwise stated.
• Prices are subject to change without notice.
• We reserve the right to correct pricing errors, even after orders are placed.
• Product availability is subject to vendor stock and may change without notice.
• We reserve the right to limit quantities, discontinue products, or refuse orders at our discretion.

c) Taxes & Fees

• Applicable sales tax, VAT, or duties will be calculated at checkout (if applicable).
• International customers are responsible for customs duties, import taxes, and fees.

6) Orders & Payment

a) Order Acceptance

Placing an order does not guarantee acceptance. We reserve the right to:

• Accept or reject any order for any reason (e.g., product unavailability, pricing errors, suspected fraud).
• Cancel orders before or after shipment.
• Limit order quantities per customer.

You will receive an order confirmation email once your order is accepted. If your order is canceled, we will notify you and issue a refund (if payment was processed).

b) Payment Methods

We accept the following payment methods:

• Credit/Debit Cards (Visa, MasterCard, American Express, Discover)
• PayPal
• Apple Pay / Google Pay (if available)
• Other payment processors as displayed at checkout

By providing payment information, you represent that you are authorized to use the payment method and that all information is accurate.

c) Payment Processing

• Payment is processed at the time of order placement or shortly thereafter.
• We use third-party payment processors (e.g., Stripe, PayPal) to securely process transactions.
• We do not store full credit card numbers on our servers.

d) Authorization Holds

Your payment method may be authorized or charged immediately upon order placement. If an order is canceled, refunds may take 7–14 business days to appear, depending on your bank or payment provider.

7) Shipping & Delivery

Shipping terms, delivery estimates, and carrier information are governed by our Shipping Policy. Key points include:

• Shipping times are estimates only and not guaranteed.
• Risk of loss and title pass to you upon handoff to the carrier.
• We are not responsible for carrier delays, lost packages, or customs issues.
• International orders may be subject to customs duties, import taxes, and fees (customer's responsibility).

8) Returns, Refunds & Exchanges

Returns, refunds, and exchanges are governed by our Return & Refund Policy. Key points include:

• Returns and refunds are not guaranteed and depend on vendor policies.
• All return requests require prior written authorization.
• Certain items are non-returnable (customized, hygiene-related, clearance items, etc.).
• Restocking fees and return shipping costs may apply.

9) Third-Party Vendors & Dropshipping

Many products sold on this Site are fulfilled by third-party vendors, suppliers, and dropshipping partners. By purchasing through our Site, you acknowledge and agree that:

• We do not manufacture, warehouse, or directly ship most products.
• Vendors are responsible for product quality, safety, fulfillment, and warranties (if any).
• We act as an intermediary and are not liable for vendor delays, defects, or failures.
• Vendor policies (return, refund, warranty) may vary and take precedence over ours where applicable.

10) Intellectual Property

All content on this Site (including text, graphics, logos, images, videos, software, and designs) is the property of The Neck Life, LLC or our licensors and is protected by U.S. and international copyright, trademark, and intellectual property laws.

You may not:

• Copy, reproduce, distribute, modify, or create derivative works without written permission.
• Use our trademarks, logos, or branding without authorization.
• Remove or alter copyright, trademark, or proprietary notices.

Limited personal, non-commercial use is permitted (e.g., viewing pages, printing for personal reference).

11) User Content & Reviews

You may submit reviews, comments, photos, or other content ("User Content") through the Site. By submitting User Content, you:

• Grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, display, reproduce, modify, and distribute your content.
• Represent that you own or have rights to the content and that it does not violate any third-party rights or laws.
• Agree not to submit content that is unlawful, defamatory, obscene, harassing, fraudulent, or infringing.

We reserve the right to monitor, edit, remove, or refuse to publish User Content at our sole discretion.

12) Privacy & Data Protection

Your use of the Site is governed by our Privacy Policy, which explains how we collect, use, share, and protect your personal information. By using the Site, you consent to our privacy practices as described in the Privacy Policy.

13) Disclaimers & Limitation of Liability

a) No Medical Advice

Products and content on this Site are for general wellness and informational purposes only. They are not intended to diagnose, treat, cure, or prevent any disease. Always consult a licensed healthcare provider before using any product. See our Disclaimer (Safety, Use & Liability) for more information.

b) "AS-IS" and "AS-AVAILABLE"

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND ALL PRODUCTS ARE PROVIDED "AS-IS" AND "AS-AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
• Warranties regarding accuracy, reliability, timeliness, or completeness of content.
• Warranties that the Site will be uninterrupted, secure, or error-free.

c) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE NECK LIFE, LLC, ITS OWNERS, EMPLOYEES, AFFILIATES, VENDORS, AND PARTNERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO:

• Use or inability to use the Site or products.
• Errors, omissions, interruptions, defects, delays, or security breaches.
• Product defects, malfunctions, injuries, or harm.
• Unauthorized access to your data or accounts.
• Third-party conduct, content, or services.
• Loss of profits, revenue, data, or business opportunities.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM, OR $100, WHICHEVER IS LESS.

14) Indemnification

You agree to indemnify, defend, and hold harmless The Neck Life, LLC and its affiliates, officers, employees, vendors, and partners from any claims, damages, losses, liabilities, costs, or expenses (including legal fees) arising from:

• Your use or misuse of the Site or products.
• Your violation of these Terms or any applicable laws.
• Your violation of any third-party rights (privacy, intellectual property, etc.).
• Your User Content or submissions.

15) Dispute Resolution & Arbitration

a) Informal Resolution

Before filing a claim, you agree to contact us at admin@thenecklife.com to attempt to resolve the dispute informally.

b) Binding Arbitration

If informal resolution fails, you agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or products purchased shall be resolved by binding arbitration, except where prohibited by law.

• Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
• The arbitration will be held in Delaware or remotely via videoconference.
• Each party will bear its own costs and fees unless otherwise required by law.
• The arbitrator's decision is final and binding and may be entered as a judgment in any court of competent jurisdiction.

c) Class Action Waiver

YOU AGREE TO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION. All disputes must be brought individually.

d) Exceptions

Either party may seek equitable relief (injunctions, restraining orders) in court for intellectual property disputes or violations of these Terms.

16) Governing Law & Jurisdiction

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes not subject to arbitration shall be resolved exclusively in the state or federal courts located in Delaware.

17) International Users

This Site is operated from the United States. If you access the Site from outside the U.S., you are responsible for compliance with local laws. By using the Site, you consent to the transfer, storage, and processing of your data in the United States.

18) Termination

We reserve the right to suspend, terminate, or restrict your access to the Site or your account at any time, without notice or liability, for any reason, including:

• Violation of these Terms.
• Fraudulent, abusive, or unlawful activity.
• Non-payment or chargebacks.
• Request by law enforcement or legal authorities.

Upon termination, your right to use the Site ceases immediately, but these Terms (including disclaimers, limitations of liability, and indemnification) shall survive.

19) Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect.

20) Entire Agreement

These Terms, together with our Privacy Policy, Return & Refund Policy, Shipping Policy, and all other referenced policies, constitute the entire agreement between you and The Neck Life, LLC regarding your use of the Site and supersede all prior agreements or understandings.

21) Contact Information

For questions, concerns, or to exercise your rights under these Terms, contact us at:

The Neck Life, LLC
3422 Old Capitol Trail, Ste 700
Wilmington, DE 19808
📧 admin@thenecklife.com

By using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.