Terms of service

Last updated: March 24, 2025

Overview

This website is operated by Flying Point Apparel LLC, a company incorporated under the laws of the Commonwealth of Massachusetts. Throughout the site, the terms “we,” “us,” and “our” refer to Flying Point Apparel LLC. Flying Point Apparel offers this website, including all information, tools, and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including, without limitation, browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree, then you may not access the website or use any Services.

Any new features or tools added to the current store shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates on our website. It is your responsibility to check this page periodically. Continued use of the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide the e-commerce platform that allows us to sell our products and Services to you.

 

 

SECTION 1 – Online Store Terms

By agreeing to these Terms, you confirm that:

  • You are at least the age of majority in your state or province of residence, or you have given us your consent to allow any of your minor dependents to use this site.

You agree not to:

  • Use our products for any illegal or unauthorized purpose;

  • Violate any laws in your jurisdiction (including but not limited to copyright laws);

  • Transmit any worms, viruses, or any code of a destructive nature.

A breach or violation of any of these Terms may result in an immediate termination of your Services.

 

 

SECTION 2 – General Conditions

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

You understand that your content (excluding credit card information) may be transferred unencrypted and may involve:

  • Transmissions over various networks; and

  • Changes to conform and adapt to technical requirements of connecting networks or devices.

Credit card information is always encrypted during transfer over networks.

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

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

 

SECTION 3 – Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete, or current.

Any reliance on the material on this site is at your own risk.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information.

 

 

SECTION 4 – Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part thereof) without notice.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

 

 

SECTION 5 – Products or Services

Certain products or services may be available exclusively online and may have limited quantities. These are subject to our Return and Exchange Policy, available here: https://flyingpointapparel.com/policies/privacy-policy.

We have made every effort to display as accurately as possible the colors and images of our products.

We reserve the right to:

  • Limit the sales of our products or Services to any person, geographic region, or jurisdiction;

  • Discontinue any product at any time;

  • Adjust product descriptions or pricing at any time without notice.

We do not warrant that the quality of any products or Services will meet your expectations.

 

 

SECTION 6 – Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.

You agree to provide current, complete, and accurate purchase and account information. You are responsible for updating your account and other information to complete transactions and allow us to contact you as needed.

 

 

SECTION 7 – Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties or representations of any kind.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion.

 

 

SECTION 8 – Third-Party Links

Certain content, products, and Services available via our Service may include materials from third parties.

Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for the content or accuracy of third-party materials or websites.

 

 

SECTION 9 – User Comments, Feedback, and Submissions

If you send submissions (e.g., suggestions, reviews, or other materials), you agree that we may:

  • Edit, copy, publish, and use them without restriction;

  • Not be obligated to maintain any comments in confidence;

  • Not compensate you for them;

  • Not respond to them.

You agree your submissions will not:

  • Violate any third-party rights;

  • Contain unlawful, abusive, or obscene content;

  • Contain viruses or malicious code;

  • Mislead us or others.

You are solely responsible for any comments you make.

 

 

SECTION 10 – Personal Information

Your submission of personal information through the store is governed by our Privacy Policy, available here: https://flyingpointapparel.com/policies/privacy-policy.

 

 

SECTION 11 – Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any such errors without prior notice.

 

 

SECTION 12 – Prohibited Uses

You are prohibited from using the site or its content:

  • For unlawful purposes;

  • To solicit others to perform unlawful acts;

  • To violate any regulations, rules, or laws;

  • To infringe upon our intellectual property;

  • To harass or discriminate;

  • To submit false or misleading information;

  • To upload viruses or malicious code;

  • To collect personal information of others;

  • To interfere with security features of the site.

We reserve the right to terminate your use for violating any prohibited uses.

 

 

SECTION 13 – Disclaimer of Warranties; Limitation of Liability

We do not guarantee that:

  • The Service will be uninterrupted, timely, or error-free;

  • The results obtained will be accurate or reliable.

You agree that your use of the Service is at your sole risk.

All products and Services are provided “as is” and “as available,” without any warranties or conditions of any kind.

Flying Point Apparel LLC shall not be liable for:

  • Any direct, indirect, incidental, or consequential damages;

  • Loss of data, revenue, or profits;

  • Any errors or omissions or loss arising from your use of the Service.

Some jurisdictions do not allow exclusion of liability, so our liability is limited to the maximum extent permitted by law.

 

 

SECTION 14 – Indemnification

You agree to indemnify, defend, and hold harmless Flying Point Apparel LLC and its affiliates, employees, contractors, and partners from any claim or demand arising from your breach of these Terms or your violation of any law or third-party rights.

 

 

SECTION 15 – Severability

If any provision of these Terms is determined to be unlawful or unenforceable, the remainder shall remain valid and enforceable.

 

 

SECTION 16 – Termination

These Terms are effective unless and until terminated by either you or us.

You may terminate by ceasing to use the site or notifying us.

We may terminate access at any time without notice if we believe you have violated these Terms.

 

 

SECTION 17 – Entire Agreement

These Terms, along with any policies posted by us, constitute the entire agreement between you and Flying Point Apparel LLC, and supersede any prior agreements.

 

 

SECTION 18 – Governing Law

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, United States, without regard to conflict of law principles.

 

 

SECTION 19 – Changes to Terms of Service

The most current version of the Terms is available on this page. Continued site use following any updates constitutes acceptance of the revised Terms.

 

 

SECTION 20 – Binding Arbitration and Dispute Resolution

Any dispute or claim arising out of or relating to these Terms or your use of the Services shall be resolved through binding arbitration on an individual basis, following the rules of the American Arbitration Association. You agree to waive your right to a jury trial or to participate in a class action lawsuit.

The arbitration shall be conducted in Massachusetts, and the arbitrator's decision shall be final and binding.

 

 

SECTION 21 – Force Majeure

We will not be held liable for any failure or delay in performance due to events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, labor disputes, supply shortages, pandemics, or governmental actions.

 

 

SECTION 22 – Intellectual Property and Copyright Infringement

If you believe any material on our site infringes your intellectual property rights, please contact us at hello@flyingpointapparel.com. We comply with applicable copyright law, including the Digital Millennium Copyright Act (DMCA), and may remove infringing content upon valid request.

 

 

SECTION 23 – Contact Information

Questions about the Terms?
Email: hello@flyingpointapparel.com

 Flying Point Apparel LLC
 82 Wendell Avenue, Ste 100
 Pittsfield, MA 01201
 United States