Terms of Service

Last Updated: December 5, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and IT'S ALWAYS WET IN SEATTLE INC. ("Company," "we," "us," or "our") concerning your access to and use of our website and online store. By accessing or using our website, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our website.

2. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by updating the "Last Updated" date at the top of this page. Your continued use of the website after any changes constitutes acceptance of the modified Terms. We recommend reviewing these Terms periodically to stay informed of any updates.

3. Eligibility and Account Registration

3.1 Eligibility

By using our website, you represent and warrant that you have the legal capacity to enter into a binding contract. If you are using our website on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3.2 Account Creation

To make purchases, you may be required to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or contain false, fraudulent, or misleading information.

4. Products and Pricing

4.1 Product Descriptions

We make every effort to accurately display the colors, features, specifications, and details of our products. However, we do not warrant that product descriptions, images, or other content on the website are accurate, complete, reliable, current, or error-free. Product colors may vary slightly due to monitor settings and photography lighting.

4.2 Pricing

All prices are listed in United States Dollars (USD) and are subject to change without notice. We reserve the right to modify product prices at any time. Price changes will not affect orders that have already been placed and confirmed. In the event of a pricing error, we reserve the right to cancel any orders placed at the incorrect price.

4.3 Product Availability

We strive to maintain accurate inventory information, but we cannot guarantee that all products listed on the website are in stock. We reserve the right to discontinue products, limit quantities, or refuse orders at any time. If a product you ordered is unavailable, we will notify you and offer a refund or replacement option.

5. Orders and Payment

5.1 Order Acceptance

Your order is an offer to purchase products from us. All orders are subject to our acceptance. We reserve the right to refuse or cancel any order for any reason, including but not limited to:

• Product unavailability or discontinuation
• Pricing or product description errors
• Suspected fraudulent, unauthorized, or illegal transactions
• Failure to meet eligibility requirements

We will notify you if your order is cancelled and process any applicable refunds.

5.2 Order Confirmation

After placing an order, you will receive an email confirmation. This confirmation does not constitute acceptance of your order—it is simply an acknowledgment that we received your order. Acceptance occurs when we ship your order and send you a shipping confirmation.

5.3 Payment Processing

We accept payment through Shopify Payments. By providing payment information, you represent and warrant that:

• You have the legal right to use the payment method provided
• The information you provide is accurate and complete
• You authorize us to charge the payment method for the total order amount

All payment information is processed securely in accordance with PCI-DSS standards. We do not store your complete payment card information on our servers.

5.4 Sales Tax

Applicable sales tax will be calculated and added to your order total based on your shipping address and current tax regulations.

6. Shipping and Delivery

6.1 Shipping Policy

We currently ship only within the United States. Shipping costs and estimated delivery times will be displayed during checkout. Delivery times are estimates and not guaranteed. We are not responsible for delays caused by shipping carriers, customs clearance, weather conditions, or other circumstances beyond our control.

6.2 Risk of Loss

Title and risk of loss for all products pass to you upon delivery to the shipping carrier. We are not liable for lost, stolen, or damaged packages once they have been delivered to the carrier.

6.3 Shipping Address

You are responsible for providing an accurate shipping address. We are not responsible for orders shipped to incorrect addresses provided by you. Address changes must be requested immediately after placing your order and before shipment.

7. Returns and Exchanges

7.1 Return Policy

We offer a 21-day return window from the date of delivery. To be eligible for a return or exchange, items must be:

• Unworn and unwashed
• With all original tags attached
• In original packaging
• Undamaged

7.2 Non-Returnable Items

The following items are not eligible for return:

• Items marked as final sale or clearance
• Gift cards or promotional items
• Items that have been worn, washed, altered, or damaged by the customer
• Items returned without original tags or packaging

7.3 Return Process

To initiate a return, please contact us at raincheck@wetinseattle.com with your order number and reason for return. We will provide you with return instructions and a return authorization.

7.4 Refunds

Once we receive and inspect your returned item, we will process your refund within 7-10 business days. Refunds will be issued to the original payment method. Shipping costs are non-refundable unless the return is due to our error (wrong item shipped, defective product, etc.). You are responsible for return shipping costs unless otherwise specified.

7.5 Exchanges

We offer exchanges for different sizes or colors. Exchanges ship back to you for free; customers are responsible only for the cost of returning the original item. To initiate an exchange, please contact us at raincheck@wetinseattle.com with your order number.

8. Intellectual Property Rights

8.1 Ownership

All content on our website, including but not limited to text, graphics, logos, images, videos, audio, designs, software, and compilations ("Content"), is the property of IT'S ALWAYS WET IN SEATTLE INC. or our licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website for personal, non-commercial purposes. You may not:

• Copy, reproduce, distribute, or publicly display any Content without our written permission
• Modify, adapt, translate, or create derivative works from our Content
• Use our Content for commercial purposes or competitive analysis
• Remove, alter, or obscure any copyright, trademark, or proprietary notices
• Use automated systems (bots, scrapers) to access or collect data from our website

8.3 Trademarks

"IT'S ALWAYS WET IN SEATTLE" and our logos are trademarks of IT'S ALWAYS WET IN SEATTLE INC. You may not use our trademarks without our prior written consent.

9. Prohibited Uses

You agree not to use our website for any unlawful or prohibited purpose. Prohibited uses include, but are not limited to:

• Violating any applicable laws, regulations, or third-party rights
• Engaging in fraudulent or deceptive practices
• Impersonating any person or entity, or falsely representing your affiliation
• Interfering with or disrupting the website or servers
• Attempting to gain unauthorized access to our systems or accounts
• Transmitting viruses, malware, or other harmful code
• Collecting personal information about other users without consent
• Using the website for spam, harassment, or unsolicited communications
• Circumventing security features or technological protection measures

10. User Content and Submissions

10.1 Your Content

If you submit reviews, comments, photos, or other content to our website ("User Content"), you grant us a worldwide, non-exclusive, royalty-free, perpetual, transferable license to use, reproduce, modify, adapt, publish, display, and distribute your User Content in any media format.

10.2 Content Standards

You represent and warrant that your User Content:

• Does not violate any applicable laws or third-party rights
• Does not contain defamatory, obscene, offensive, or harmful content
• Does not contain personal information about others without their consent
• Is accurate and not misleading

We reserve the right to remove any User Content that violates these Terms or that we deem inappropriate in our sole discretion.

11. Disclaimers and Limitation of Liability

11.1 Warranty Disclaimer

OUR WEBSITE AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

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

11.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IT'S ALWAYS WET IN SEATTLE INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or business opportunities
• Personal injury or property damage arising from your use of our website or products
• Unauthorized access to or alteration of your data
• Statements or conduct of third parties on the website

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF OUR WEBSITE OR PRODUCTS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM, OR $100, WHICHEVER IS GREATER.

11.3 Jurisdictional Limitations

Some jurisdictions do not allow limitations on implied warranties or exclusions of liability for certain damages. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless IT'S ALWAYS WET IN SEATTLE INC., its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of our website or products
• Your violation of these Terms
• Your violation of any rights of a third party
• Your User Content or submissions

13. Dispute Resolution and Governing Law

13.1 Governing Law

These Terms and any disputes arising from them shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law principles.

13.2 Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact us at raincheck@wetinseattle.com to attempt to resolve the dispute informally. We will work in good faith to resolve any issues.

13.3 Jurisdiction and Venue

Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Washington State, and you consent to the personal jurisdiction of such courts.

14. Termination

We reserve the right to suspend or terminate your account and access to our website at any time, with or without cause or notice, for any reason including:

• Violation of these Terms or our policies
• Fraudulent, abusive, or illegal activity
• Prolonged inactivity
• Requests by law enforcement or government agencies

Upon termination, your right to use the website will immediately cease. Provisions of these Terms that by their nature should survive termination will remain in effect, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

16. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and IT'S ALWAYS WET IN SEATTLE INC. regarding your use of our website and supersede all prior agreements and understandings.

17. Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of IT'S ALWAYS WET IN SEATTLE INC.

18. Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms to any affiliate or successor entity without restriction.

19. Force Majeure

We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, governmental actions, or interruptions in internet or telecommunications services.

20. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us:

IT'S ALWAYS WET IN SEATTLE INC.
Email: raincheck@wetinseattle.com
State: Washington, USA

21. Acknowledgment

BY USING OUR WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.