NYRVA Terms of Service

Effective Date: [01/01/2025]

This website is operated by NYRVA. Throughout the site, the terms we, us, and our refer to NYRVA. By visiting the site or purchasing from us, you agree to these Terms of Service. If you disagree with any part, do not use the site.

Any new features or tools added to the store are subject to these Terms. We may update these Terms by posting changes on this page. Continued use of the site means you accept the updated Terms.

Our store is hosted on Shopify Inc., which provides the e-commerce platform that enables us to sell our products and services to you.

1. Online Store Terms

1. You represent that you are at least the age of majority in your state or province of residence, or you have consented to allow your minor dependents to use this site.

2. You will not use our products for any illegal or unauthorized purpose and you will not violate any laws in your jurisdiction.

3. You must not transmit any worms, viruses, or any code of a destructive nature.

4. A breach of these Terms results in immediate termination of Services.

2. General Conditions

1. We reserve the right to refuse service to anyone at any time.

2. Content you submit may be transferred unencrypted over various networks and may be modified to meet technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

3. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.

3. Accuracy, Completeness, and Timeliness of Information

1. The material on this site is for general information. It may not be accurate, complete, or current. Any reliance is at your own risk.

2. Historical information is provided for reference only. We may modify site contents at any time but have no obligation to update any information.

4. Modifications to the Service and Prices

1. Prices are subject to change without notice.

2. We may modify or discontinue the Service at any time without notice.

3. We are not liable to you or any third party for any modification, price change, suspension, or discontinuance.

5. Products or Services

1. Certain products or services may be available exclusively online and may have limited quantities. Returns and exchanges are governed by our Return and Exchange Policy.

2. We attempt to display product colors and images accurately. We cannot guarantee your monitor’s display will be accurate.

3. We may limit sales to any person, region, or jurisdiction and may limit quantities. All product descriptions and pricing may change at any time without notice. We may discontinue any product at any time.

4. We do not warrant that the quality of any products, services, or information will meet your expectations or that errors will be corrected.

6. Accuracy of Billing and Account Information

1. We may refuse any order. We may limit or cancel quantities per person, per household, or per order by account, card, or address. If we change or cancel an order, we may attempt to notify you using the contact information provided.

2. You agree to provide current and accurate account and purchase information and to promptly update details such as email address and payment information.

Refer to our Return and Exchange Policy for more detail.

7. Optional Tools

1. We may provide access to third party tools as is and as available without any warranties.

2. Use of any optional tools is entirely at your own risk and you should ensure you approve the terms of the relevant third party provider.

3. New features or services offered through the site will also be subject to these Terms.

8. Third Party Links

1. Certain content, products, and services may include materials from third parties.

2. We are not responsible for examining or evaluating third party content and we do not warrant or assume liability for third party materials, websites, products, or services.

3. Review third party policies before engaging in any transaction. Direct any complaints or questions to the third party.

9. User Comments, Feedback, and Other Submissions

1. If you send submissions, including creative ideas, suggestions, proposals, plans, or other materials, you agree that we may edit, copy, publish, distribute, translate, and use them in any medium at any time without restriction.

2. We are not obligated to maintain comments in confidence, to pay compensation, or to respond.

3. You agree your comments will not violate any rights of any third party and will not contain unlawful, abusive, or obscene material or any virus or malware.

4. You are solely responsible for your comments and their accuracy.

10. Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. See the Privacy Policy posted at nyrva.us.

11. Errors, Inaccuracies, and Omissions

1. The site or Service may contain errors or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.

2. We reserve the right to correct errors or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after an order has been submitted.

3. We undertake no obligation to update information except as required by law.

12. Prohibited Uses

You are prohibited from using the site or its content for any unlawful purpose or in any way that violates laws or rights. Prohibited uses include harassment, discrimination, transmitting malware, collecting personal information without consent, spamming, scraping, obscene or immoral purposes, or interfering with security features. We may terminate your use of the Service for violating any prohibited use.

13. Disclaimer of Warranties and Limitation of Liability

1. We do not guarantee that the Service will be uninterrupted, timely, secure, or error free.

2. You agree that your use of the Service is at your sole risk. The Service and all products delivered through the Service are provided as is and as available unless otherwise stated in writing.

3. In no case shall NYRVA or our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any indirect, incidental, punitive, special, or consequential damages, including lost profits, revenue, savings, data, or replacement costs, arising from your use of the Service or any product, even if advised of the possibility. Some jurisdictions do not allow certain limitations, so the limitations shall apply to the maximum extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless NYRVA and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to your breach of these Terms or your violation of any law or the rights of a third party.

15. Severability

If any provision of these Terms is unlawful, void, or unenforceable, that provision is enforceable to the fullest extent permitted by law and the unenforceable part is deemed severed. The rest remains in effect.

16. Termination

1. Obligations and liabilities incurred prior to termination survive termination.

2. These Terms are effective unless and until terminated by you or us. You may terminate by notifying us that you no longer wish to use our Services or when you cease using the site.

3. If we believe you have failed to comply with any term, we may terminate the agreement without notice. You remain liable for all amounts due up to and including the termination date and we may deny access to our Services.

17. Entire Agreement

These Terms and any policies posted on this site constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements. Any ambiguities are not construed against the drafting party.

18. Governing Law

These Terms and any separate agreements under which we provide Services are governed by the laws of the State of New York, United States, without regard to conflict of law principles.

19. Changes to Terms of Service

You can review the most current version of these Terms at any time on this page. We may update or change any part by posting updates to our website. Your continued use of the site after changes are posted constitutes acceptance.

20. Contact Information

Questions about these Terms should be sent to cs@nyrva.us.

21. Order Cancellations and Refunds

1. Once an order is placed, it is immediately sent to our manufacturer for production. Orders cannot be canceled for a refund.

2. We do not issue refunds for cancellations or returns. Store credit is the only remedy.

3. All sale items are final sale and are not eligible for return or exchange.

4. See the Return and Exchange Policy for full details on return windows, inspection, and shipping responsibility.

22. Shipping and Risk of Loss

1. Title and risk of loss pass to you upon our delivery of the order to the carrier.

2. Delivery dates are estimates and are not guaranteed. Production or carrier delays do not entitle you to cancel for a refund.

23. Fraud Screening and Compliance

1. We use automated and manual screening to reduce fraud. We may cancel or hold orders pending verification.

2. We comply with applicable laws and lawful requests for information.

24. Dispute Resolution, Arbitration, and Class Action Waiver

Binding Arbitration:
Any dispute, claim, or controversy arising out of or relating to these Terms or your use of our products or services will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

No Class Actions:
You agree to resolve disputes with NYRVA on an individual basis. You may not bring a claim as a plaintiff or class member in a class, consolidated, or representative action. The arbitrator may not consolidate claims of more than one person or preside over any form of a representative or class proceeding.

Opt-Out:
You may opt out of this arbitration agreement by sending a written notice to cs@nyrva.us within 30 days of your first purchase from NYRVA. If you opt out, you may still bring claims in small claims court if they qualify.