Terms of Service

Terms of Service

1. Introduction & Acceptance of Terms

Welcome to Ernestaify! These Terms of Service (“Terms”) govern your access to and use of the website located at https://ernestaify.com/ (the “Site”), operated by CBAHU LLC (“Ernestaify,” “we,” “us,” or “our”), including the purchase of apparel and related products (“Products”) offered through the Site.

By accessing the Site, creating an account, browsing, or purchasing Products, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy, Shipping Policy, and Refund & Return Policy, all of which are incorporated herein by reference. If you do not agree with these Terms or any incorporated policy, please do not access or use the Site or purchase our Products.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Site. Your continued use of the Site after changes are posted constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

2. Use of the Site

Ernestaify grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for personal, non-commercial purposes, strictly in compliance with these Terms. You agree not to use the Site for any unlawful purpose or in any manner that could interfere with the Site’s operation or another user’s enjoyment of the Site.

3. Accounts

To access certain features, you may need to register for an account. You agree to provide true, accurate, current, and complete information during registration and to maintain and promptly update your account information. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify Ernestaify immediately of any unauthorized use of your account or any other breach of security.

4. Product Information, Availability, and Made-to-Order Nature

We strive to present accurate and up-to-date information regarding our Products, including descriptions, materials (like 90% combed ring-spun cotton, 90/10 cotton/poly blends, 90% organic cotton), sizing, pricing, and availability. However, we do not guarantee that all information is entirely accurate, complete, or error-free. Colors may appear differently on your screen.

  • Made-to-Order: Please note that many Ernestaify Products are made to order through our trusted production partners after you place your order. This allows us to offer unique designs efficiently and minimize waste. Production times are outlined in our Shipping Policy.

  • Availability: Product availability is subject to change without notice. We reserve the right to limit quantities or discontinue Products at any time.

  • Pricing Errors: In the event a Product is listed at an incorrect price due to typographical error or error in pricing information, Ernestaify reserves the right to refuse or cancel any orders placed for the Product listed at the incorrect price, regardless of whether the order has been confirmed and your payment method charged. If your payment has already been processed, we will issue a credit to your original payment method for the amount of the incorrect price.

5. Orders, Payment, and Acceptance

  • Order as Offer: Placing an order constitutes your offer to purchase the selected Product(s) under these Terms.

  • Payment: You agree to provide valid, current, and complete payment information for all purchases. By submitting payment information, you authorize us (or our third-party payment processor) to charge your selected payment method for the total order amount, including product price, shipping fees (if applicable), and taxes.

  • Order Confirmation: After placing an order, you may receive an automated email acknowledging receipt. This email does not constitute acceptance of your order.

  • Order Acceptance: Ernestaify reserves the right to accept or decline your order in our sole discretion for any reason, including product unavailability, errors in pricing or product information, or issues identified by our fraud prevention measures. Order acceptance occurs only when we ship the Product(s) or send an explicit confirmation of acceptance.

6. Shipping Policy

All purchases are subject to our Shipping Policy, available at [Link to Your Shipping Policy Page]. This policy details production times, shipping methods (including use of providers like USPS, UPS, DHL), estimated delivery times, costs (if any), tracking information, and international shipping considerations (like customs/duties). Risk of loss and title for Products pass to you upon our delivery to the shipping carrier.

7. Refund & Return Policy

Our procedures for returns, exchanges, and refunds are detailed in our Refund & Return Policy, available at [Link to Your Refund & Return Policy Page]. Please review this policy carefully to understand eligibility, timeframes, condition requirements, shipping cost responsibilities, and the process for initiating a return.

8. Intellectual Property

All content included on or comprising the Site, including but not limited to text, graphics, logos, images, designs, button icons, audio clips, video clips, digital downloads, data compilations, and software, is the property of Ernestaify (CBAHU LLC) or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Ernestaify name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of CBAHU LLC or its affiliates or licensors. You must not use such marks without the prior written permission of Ernestaify.

9. Prohibited Activities

You agree not to engage in any of the following prohibited activities: (a) copying, distributing, or disclosing any part of the Site in any medium; (b) using any automated system (robots, spiders, offline readers, etc.) to access the Site; (c) transmitting spam, chain letters, or other unsolicited email; (d) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site; (e) taking any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (f) uploading invalid data, viruses, worms, or other software agents through the Site; (g) collecting or harvesting any personally identifiable information, including account names, from the Site; (h) using the Site for any commercial solicitation purposes; (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity; (j) interfering with the proper working of the Site; (k) accessing any content on the Site through any technology or means other than those provided or authorized by the Site; or (l) bypassing the measures we may use to prevent or restrict access to the Site.

10. Disclaimer of Warranties

THE SITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11. Limitation of Liability

IN NO CASE SHALL ENESTAIFY, CBAHU LLC, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SITE OR ANY PRODUCTS PROCURED USING THE SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. OUR TOTAL AGGREGATE LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM OR ONE HUNDRED U.S. DOLLARS ($100.00), WHICHEVER IS GREATER.

12. Indemnification

You agree to indemnify, defend, and hold harmless Ernestaify, CBAHU LLC, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

13. Governing Law and Jurisdiction

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law principles. You agree that any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the competent courts located in Pueblo, Colorado, United States, and you hereby consent to the jurisdiction and venue of such courts.

14. Severability

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms; such determination shall not affect the validity and enforceability of any other remaining provisions.

15. Entire Agreement

These Terms and any policies or operating rules posted by us on this Site or in respect to the Service (including, but not limited to, the Privacy Policy, Shipping Policy, and Refund & Return Policy) constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us.

16. Contact Information

Questions about the Terms of Service should be sent to us via:

Or through our Contact Us page: Contact Us