Shipping & Returns

---

TERMS OF USE

The FEATHERSS dark chocolate website is provided for your personal  information, entertainment and education. The trademarks, service marks,  graphics, designs and copyrights appearing within our site are  protected intellectual property which may not be copied, reproduced,  republished, uploaded, posted, transmitted or distributed in any way  without our prior written consent. While using Featherss.com, You will  comply with all applicable laws, and regulations.  By using the Website  you agree to the Terms of Use.  If you do not agree to these Terms of  Use, you must exit the Website.

PRIVACY POLICY

This website ("Featherss.com") is owned and operated by THE FITNESST,  LLC, (“FITNESST”) but is powered by GoDaddy. By using this site you consent to the use and access of your Personal Information by GoDaddy and other third parties, as stated in GoDaddy's Privacy Policy (https://www.godaddy.com/en-ph/legal/agreements/privacy-policy).  GoDaddy Payments processes purchases from our web. GoDaddy Payments is  not affiliated with FEATHERSS dark chocolate or The FITNESST.

GENERAL

You agree that: (i) the services being provided and goods sold by The  FITNESST, an Ohio LLC, with a principal place of business in Tampa,  Florida; and (ii) the Website shall be deemed a passive website that  does not give rise to personal jurisdiction over The FITNESST either  specific or general, in jurisdictions other than Ohio. These Terms and  Conditions shall be governed by the internal substantive laws of the  State of Ohio, without respect to its conflict of laws principles. Any  claim or dispute between you and The FITNESST that arises in whole or in  part from your use of the Website shall be decided exclusively by a  court of competent jurisdiction located in Mahoning County, Ohio. These  Terms and Conditions, and any other legal notices published by The  FITNESST on the Website, shall constitute the entire agreement between  you and The FITNESST, regarding your use of The FITNESST’s Website. If  any provision of these Terms and Conditions is deemed invalid by a court  of competent jurisdiction, the invalidity of such provision shall not  affect the validity of the remaining provisions of these Terms and  Conditions, which shall remain in full force and effect. No waiver of  any term of these Terms and Conditions shall be deemed a further or  continuing waiver of such term or any other term, and The FITNESST’s  failure to assert any right or provision under these Terms and  Conditions shall not constitute a waiver of such right or provision. The  FITNESST reserves the right to amend these Terms and Conditions at any  time and without notice, and it is your responsibility to review these  Terms and Conditions for any changes. Your use of the Website following  any amendment of these Terms and Conditions will signify your assent to  and acceptance of its revised terms.

TECHNICAL DISCLAIMER

The material in this website may include technical inaccuracies or other errors. You use and browse Featherss.com at your own risk. Neither The FITNESST nor any other party involved in creating, producing, or delivering Featherss.com shall be liable for any direct or indirect, incidental or consequential and punitive damages arising out of your  access to, or use of, this website. The FITNESST does not warrant that  the functional aspects of Featherss.com will be uninterrupted or error free or that this website or the server that makes it available are free  of viruses or other harmful components. Without limiting the foregoing,  everything on Featherss.com is provided to you "AS IS" WITHOUT WARRANTY  OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED  TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR  PURPOSE, OR NON-INFRINGEMENT as provided by law. The FITNESST reserves  the right to make changes to Featherss.com at any time without notice.

INTERNATIONAL

The owner of the Website is based in the United States of America. We  provide this Website for use only by persons located in the United  States. We make no claims the Website or any of its content is  accessible or appropriate outside of the United States. Access to the  Website may not be legal by certain persons or in certain countries. If  you access the Website from outside the United States, you do so on your  own initiative and are responsible for compliance with local laws. The  FITNESST does not ship internationally at this time.

COMMUNICATIONS

Any comments, feedback, notes, messages, ideas, suggestions or other  communications (collectively, "Comments) you transmit to the site will  be treated as non-confidential and non proprietary. Comments sent shall  be and remain the exclusive property of The FITNESST. Your submission of  any such Comments shall constitute an assignment to The FITNESST of all  worldwide rights, titles and interests in all copyrights and other  intellectual property rights in the Comments. The FITNESST will be  entitled to use, reproduce, disclose, publish and distribute any  material you submit for any purpose whatsoever, without restriction and  without compensating you in any way. For this reason, we ask that you  not send us any comments that you do not wish to assign to us, including  any confidential information or any original creative materials such as  stories, product ideas, computer code or original artwork.

INDEMNIFICATION

You agree to defend, indemnify and hold The FITNESST harmless from  and against any and all claims, damages, costs and expenses, including  attorneys' fees, arising from or related to your use of the site,  including, without limitation, your use of this The FITNESST Web site in  violation of these Terms of Use.

1. You expressly understand and agree that The FITNESST, predecessors,  successors, parents, subsidiaries, and/ or affiliates  shall not be  liable for any direct, indirect, incidental, special, consequential or  exemplary damages, including but not limited to, damages for loss of  profits, goodwill, use, data or other intangible losses resulting from  the use of or inability to use the service.
2. In no event shall The FITNESST, predecessors, successors, parents,  subsidiaries, and/ or affiliates  be liable for lost profits or any  special, incidental or consequential damages arising out of or in  connection with our site, our services or these Terms of Service  (however arising including negligence). You agree to indemnify and hold  us and (as applicable) our parent, subsidiaries, affiliates, Shopify  partners, officers, directors, agents, employees, and suppliers 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 of  Service or the documents it incorporates by reference, or your violation  of any law or the rights of a third party.
3. Your use of the Service is at your sole risk. The Service is  provided on an “as is” and “as available” basis without any warranty or  condition, express, implied or statutory.
4. The FITNESST does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
5. The FITNESST does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
6. The FITNESST does not warrant that the quality of any products,  services, information, or other Materials purchased or obtained by you  through the Service will meet your expectations, or that any errors in  the Service will be corrected.

LIABILITY

No Warranties

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU  FROM OR THROUGH THE FITNESST OR ANY OF ITS RESPECTIVE AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES (COLLECTIVELY, THE "DISCLAIMING  ENTITIES" AND INDIVIDUALLY A "DISCLAIMING ENTITY"), WILL CREATE ANY  WARRANTY OF ANY KIND WITHOUT LIMITING THE FOREGOING, THE DISCLAIMING ENTITIES DO NOT  WARRANT THAT THE INFORMATION THEY PROVIDE OR THAT IS PROVIDED THROUGH  THE WEBSITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL BE  AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT THE SERVICE WILL  FUNCTION IN AN UNINTERRUPTED MANNER OR BE SECURE; THAT ANY DEFECTS OR  ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR  OTHER HARMFUL COMPONENTS. ANY SUBJECT MATTER OBTAINED THROUGH THE USE OF  THE SITE IS USED OR DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY  RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS  FROM SUCH USE, DOWNLOAD, OR TRANSACTION. THE DISCLAIMING ENTITIES MAKE  NO REPRESENTATIONS OR WARRANTIES ABOUT HOW LONG WILL BE NEEDED TO  COMPLETE THE PROCESSING OF A TRANSACTION.

THE DISCLAIMING ENTITIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR  ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED  BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR  SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE  DISCLAIMING ENTITIES WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY  TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR  SERVICES.

Limitation of Liability and Damages

IN NO EVENT SHALL A DISCLAIMING ENTITY (AS DEFINED ABOVE) BE LIABLE  FOR ANY LOST PROFITS, LOSS OF DATA, OR ANY INDIRECT, PUNITIVE,  INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF,  IN CONNECTION WITH OR RELATING TO THIS AGREEMENT OR THE SERVICES,  INCLUDING WITHOUT LIMITATION THE USE OF, INABILITY TO USE, OR  UNAVAILABILITY OF THE SITE. UNDER NO CIRCUMSTANCES WILL ANY OF THE  DISCLAIMING ENTITIES (AS DEFINED ABOVE) BE RESPONSIBLE FOR ANY DAMAGE,  LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED  ACCESS OR USE OF THE SITE OR ANY SERVICE THE SITE USES, OR YOUR SERVICE  ACCOUNT OR THE INFORMATION CONTAINED THEREIN. THE DISCLAIMING ENTITIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR  ANY (A) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,  RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; (B) ANY UNAUTHORIZED  ACCESS TO OR USE OF SERVERS USED IN CONNECTION WITH THE SITE AND/OR ANY  AND ALL PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR  CESSATION OF TRANSMISSION TO OR FROM THE SITE; (D) ANY SOFTWARE BUGS,  VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO  OR THROUGH THE SITE; (E) ANY ERRORS, INACCURACIES OR OMISSIONS IN ANY  CONTENT OR INFORMATION, FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF  THE USE OF ANY CONTENT OR INFORMATION, IN EACH CASE POSTED, EMAILED,  STORED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE;  AND/OR (F) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT  OF ANY THIRD PARTY.

WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS SECTION, THE  DISCLAIMING ENTITIES' CUMULATIVE LIABILITY TO YOU SHALL BE LIMITED TO  DIRECT DAMAGES AND IN ALL EVENTS SHALL NOT EXCEED IN THE AGGREGATE THE  AMOUNT PAID BY YOU TO THE FITNESST FOR YOUR ORDER(S) DURING THE THREE  (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE  CLAIM FOR LIABILITY. THIS LIMITATION OF LIABILITY SECTION APPLIES REGARDLESS OF THE LEGAL  THEORY ON WHICH THE CLAIM IS BASED, INCLUDING WITHOUT LIMITATION  CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, STRICT  LIABILITY, CYBER LIABILITY OR ANY OTHER BASIS. THE LIMITATIONS APPLY  EVEN IF THE DISCLAIMING ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF  SUCH DAMAGE.THE PROVISIONS OF THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

CHILDREN

The Featherss.com Website and the functions and features we offer are  not intended for use by children or minors. By using this Website you warrant that you are not a minor, or that you are doing so under your  parents' guidance and only after your parents have fully reviewed the  terms applicable to such use, and agreed to be bound thereby.

RIGHT TO AMEND

We have the right to change or add to the terms of this Agreement at  any time, and to change, delete, discontinue, or impose conditions on  any feature or aspect of the Service or software with notice that we in  our sole discretion deem to be reasonable in the circumstances,  including such notice on our website or any other website maintained or  owned by us for the purposes of providing services in terms of this  Agreement. Any use of the Service or software after our publication of  any such changes shall constitute your acceptance of this Agreement as  modified.