Terms Of Service

Effective date: October 11, 2025
Governing law: State of Tennessee (USA)

Welcome to Volicious! These Terms of Service (“Terms”) govern your access to and use of our websites, online store, and services (collectively, the “Services”). By accessing or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Services.

1) Who We Are & How to Contact Us

Volicious is a Cookeville, Tennessee–based brand selling apparel and accessories.

Email: info@volicious.com

2) Eligibility & Account Responsibilities

Minimum age. You must be at least 13 to use the Services and 18 to make purchases (or the age of majority in your state) or use the Services under a parent/guardian’s supervision.

Account security. If you create an account, keep your credentials confidential and notify us promptly of any unauthorized use. You’re responsible for all activity under your account.

3) Orders, Pricing & Availability

Offer & acceptance. Your order is an offer to buy. We may accept or decline any order at our discretion (e.g., suspected fraud, inventory issues).

Pricing. Prices and promotions may change without notice. We try to be accurate, but errors can occur. If there is a pricing or availability error, we may cancel the order and refund you, or contact you for confirmation before proceeding.

Taxes & fees. You are responsible for applicable sales, use, VAT/GST, import duties, and similar taxes and fees.

Title & risk. Title and risk of loss transfer to you upon our delivery of goods to the carrier, subject to our Shipping Policy.

4) Shipping, Delivery & Returns

Shipping. Shipping methods, timelines, and risk of loss are governed by our Shipping Policy posted on our site at the time of your order.

Returns & exchanges. Eligibility, timelines, and procedures are governed by our Returns & Refunds Policy posted on our site at the time of your order.

These policies are incorporated into these Terms.

5) Payment & Billing

Authorized payment. By submitting a payment method, you represent you’re authorized to use it and you authorize us (and our payment processors) to charge the full order amount, including taxes, shipping, and any adjustments described in our policies.

Chargebacks. If you dispute a charge with your bank rather than working with us first, we may suspend or cancel your access or future orders pending resolution.

6) Promotions, Gift Cards & Credits

Promotions. Promotional codes, discounts, or offers have stated terms and expiration dates and cannot be combined unless expressly allowed.

Gift cards/store credit. Unless otherwise stated, gift cards and store credits are non-transferable, not redeemable for cash (except as required by law), and subject to balance and redemption limitations.

7) Intellectual Property & Your License to Use the Site

Our IP. The Services, including the design, logos, text, graphics, images, and other content, are owned by or licensed to Volicious and protected by U.S. and international laws.

Limited license. We grant you a limited, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes in accordance with these Terms.

No resale. You shall not copy, reproduce, modify, distribute, sell, or exploit any portion of the Services without our prior written permission.

8) User Content (Reviews, Photos, Submissions)

Your content. If you submit reviews, photos, or other content (“User Content”), you represent you own or have the necessary rights to that content and that it does not infringe any third-party rights or violate any law.

License you give us. You grant Volicious a worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, publish, translate, create derivative works from, distribute, display, and perform your User Content in connection with the Services and our marketing (including reposting on social media), in any media now known or later developed.

Moderation. We may remove or refuse any User Content at our discretion (e.g., unlawful, infringing, abusive, misleading).

9) Acceptable Use

You agree not to:

Use the Services in any unlawful manner or for any unlawful purpose;

Interfere with or disrupt the Services or servers;

Harvest or collect information about others without consent;

Upload malware, bots, or harmful code;

Use automated means (scrapers, spiders) to access the Services without permission;

Misrepresent your identity or affiliation;

Engage in fraud, chargeback abuse, or resale activity that violates these Terms.

10) Third-Party Services & Links

The Services may link to third-party websites or integrate third-party features (e.g., payment processors, shipping carriers, social media). We do not control and are not responsible for third-party content, policies, or practices. Your use of third-party services is governed by their terms.

11) Communications Consent (Email/SMS)

If you provide your email or mobile number, you consent to receive transactional communications (e.g., order updates). Marketing communications are sent only with your consent and can be opted out at any time (e.g., “unsubscribe” link or reply “STOP” for SMS). Message and data rates may apply.

12) Privacy

Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and share information. Please review it carefully.

13) Disclaimer of Warranties

To the maximum extent permitted by law, the Services and all products are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Any product descriptions, sizing guides, or care instructions are provided for convenience and do not constitute a warranty.

14) Limitation of Liability

To the maximum extent permitted by law, Volicious and its owners, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages; loss of profits, revenues, or data; or cost of substitute goods or services, arising out of or related to the Services or products, even if advised of the possibility of such damages.

15) Indemnification

You agree to indemnify, defend, and hold harmless Volicious and its owners, employees, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your misuse of the Services; (b) your breach of these Terms; (c) your violation of any law or third-party right; or (d) your User Content.

16) Dispute Resolution; Binding Arbitration; Class-Action Waiver

Please read this section carefully—it affects your rights.

Informal resolution first. Before filing a claim, you agree to email us at info@volicious.com

with a brief description of the dispute and your contact information. We’ll try to resolve it informally within 30 days.

Arbitration. If we cannot resolve the dispute, it shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, before a single arbitrator, in Putnam County, Tennessee or via remote video at the arbitrator’s discretion. The Federal Arbitration Act (FAA) governs the interpretation and enforcement of this arbitration agreement.

No class actions. You and Volicious agree that each may bring claims only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate claims of more than one person.

Small-claims option. Either party may bring an individual action in a Tennessee small-claims court with jurisdiction over the matter instead of arbitration.

30-day opt-out. You may opt out of arbitration by sending a written notice to info@volicious.com

within 30 days of your first use of the Services after these Terms take effect. Your notice must include your name, contact information, and a statement that you wish to opt out of arbitration.

If the class-action waiver is found unenforceable, this entire arbitration provision is void, and disputes will be resolved in the state or federal courts located in Putnam County, Tennessee, and you consent to personal jurisdiction and venue there.

17) Tennessee Law Applies

These Terms and any disputes arising out of or related to them are governed by the laws of the State of Tennessee, without regard to conflict-of-laws rules, except as preempted by the FAA for arbitration.

18) Changes to the Services or Terms

We may update the Services and these Terms from time to time. Material changes will be posted with a new “Effective date.” Your continued use after changes become effective means you accept the updated Terms.

19) Suspension & Termination

We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you’ve violated these Terms, engaged in fraud or abuse, or posed a risk of harm. You may stop using the Services at any time. Sections that by their nature should survive (e.g., IP, disclaimers, limitations of liability, indemnification, dispute resolution) will survive termination.

20) Miscellaneous

Severability. If any provision is found invalid or unenforceable, the remainder remains in effect.

Assignment. You may not assign your rights under these Terms without our consent. We may assign our rights to an affiliate or in connection with a merger, acquisition, or asset sale.

Entire agreement. These Terms, together with our Privacy Policy and incorporated policies (Shipping; Returns & Refunds), are the entire agreement between you and Volicious regarding the Services and supersede prior agreements on the same subject.

Waiver. Our failure to enforce a provision is not a waiver of our right to do so later.

21) Contact

Questions about these Terms? We’re happy to help.