STRAIGHT UP WITCH LLC
Website Terms of Use
Last Updated: October 2025
These Website Terms of Use (these “Terms”) constitute a legally binding agreement made between you (“you” or “your”), either personally or on behalf of an entity, and Straight Up Witch LLC (“Straight Up Witch”, “we”, “us”, or “our”), concerning your access to and use of the website located at straightupwitch.com and any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Website”), as well as the online store accessible via the Website (the “Service”).
By accessing or using the Website or Service, you acknowledge that you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, you must immediately discontinue use of the Website and Service.
Supplemental terms and conditions or documents that may be posted on the Website from time to time (including, but not limited to, our Privacy Policy, Cookie Policy, Return Policy, and any other policy) are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. Your continued access to or use of the Website or Service after such changes indicates your acceptance of the revised Terms.
Eligibility
You represent and warrant that you are at least 18 years of age and have full legal capacity to form a binding contract with us. Persons under the age of 18 are not permitted to use the Website or Service.
Intellectual Property Rights
All trademarks, service marks, trade names, trade dresses, copyrighted works, rights of publicity, patents, know-how, trade secrets, and other proprietary rights (collectively, “IP”) displayed, performed, transmitted or otherwise appearing on or through the Service are owned by Straight Up Witch, licensed to Straight Up Witch, or used by Straight Up Witch under a permitted legal exception.
Except as expressly authorized in writing by us, nothing in these Terms grants you any right, title, or interest in any of the IP. Unauthorized copying, distribution, or use of the Service or IP may result in civil and/or criminal liability. If you believe any IP rights have been infringed through the Website, please notify us at info@straightupwitch.com.
Location, Changes & Duration
The Website is operated from our business location in South Dakota, United States (unless otherwise designated). By using the Website or Service, you agree that you are voluntarily accessing the Website and/or Service via that location and that these Terms are governed by the laws of the state of South Dakota (or as otherwise specified below).
We make no representations that the Website or Service is appropriate or available for use in other jurisdictions. If you access the Website from outside the United States, you do so at your own initiative and risk, and you are responsible for compliance with local laws.
We reserve the right to modify, amend, or change these Terms—from time to time, in whole or in part, at our sole discretion. Such changes will take effect when posted (the “Last Updated” date at the top of this document). It is your responsibility to review these Terms each time you access the Website. Your continued use after changes indicates your acceptance of such changes.
Purchase of Products
We provide an online platform that allows you to browse and place orders for our products (the “Products”). The Website is hosted on a third-party e-commerce platform (e.g., GoDaddy or other) that enables us to sell to you via the Service.
By placing an order you agree to:
Prices
The prices displayed for Products through the Service represent the retail price in U.S. dollars and exclude shipping, handling and taxes (where applicable). Prior to submitting your order, any shipping, handling or tax amounts will be indicated. Prices and availability are subject to change without notice. All promotions are limited to stock on hand, and we may cancel or refuse any order if a Product is listed at an incorrect price due to typographical error or other mistake.
Product Information, Errors & Omissions
We strive to display current, accurate and reliable Product information. However, information on the Website may occasionally contain errors or omissions related to Product descriptions, pricing, promotions, offers or availability. By using the Website you acknowledge this possibility and accept that we may correct such errors, refuse or cancel any order placed for an incorrectly priced Product, even if your payment was already processed.
Order Confirmation
When you place an order you are making an offer to purchase the Product(s) subject to these Terms. After you place your order we will send you an email (or other communication) acknowledging receipt of your order (an “Order Confirmation”). This does not constitute our acceptance of your offer to buy – your order is accepted only when we send you a second email confirming shipment of the Product(s) or you receive the Product(s). We may decline or cancel your order at our discretion.
Payment
Payment may be made via credit card or any other payment method we make available (each a “Payment Method”). You must provide current, complete and accurate payment information including billing address, card expiry date and other required information. You authorize us or our payment processor to charge your Payment Method for the order amount plus applicable taxes, shipping and handling, and you agree to update your information should it change (e.g., card expiration). All payments must be in U.S. dollars.
Cancellation, Returns & Refunds
Our policies regarding cancellation, returns, exchanges and refunds are set forth in our separate Return Policy, Warranty Policy and other applicable documents posted on the Website. All applicable shipping/handling charges may be non-refundable. All sales are final, unless otherwise indicated in our published policies. Please review our posted policies carefully prior to purchase.
Cancellation of Orders
We reserve the right to cancel, modify or suspend any order if we determine, in our sole discretion, that your use of the Service violates these Terms, that you have engaged in fraudulent or misleading activity (e.g., using false identities, multiple emails/accounts, impersonation, providing false/misleading information), or if your conduct violates applicable law or our interests.
Content of the Service
“Content” means all information available on or transmitted through the Service, including but not limited to text, graphics, logos, images, audio, video, interfaces, software, user-generated content, reviews, ratings, designs, models, any code or scripts, and all other materials, features and functions.
We or our licensors own all rights to the Content unless otherwise specified. We reserve the right to change or remove the Content at any time and without notice. You may not reproduce, distribute, modify, translate, adapt, create derivative works of, display or transmit any Content without our prior written permission. The Content is for general informational and entertainment purposes only and is not intended to be used as legal, financial, medical, educational or other professional advice.
Use of the Service
Subject to all conditions, restrictions and eligibility requirements set out in these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your own lawful, personal, non-commercial purposes. This license does not grant you any title or ownership in the Service, and it will automatically terminate if you breach any of these Terms.
Your Information
Our collection and use of your personal information via the Service is governed by our Privacy Policy and Cookie Policy. By using the Service you consent to our collection and use of your information in accordance with those policies. If you provide any information to the Service (such as registration or payment details), you are solely responsible for the accuracy and security of that information, and you agree to supervise all use of your account or information by anyone else, authorized or not. You acknowledge and agree that we will have no liability for any unauthorized use of your information, and you may be liable to us for losses caused by such unauthorized use.
Restrictions on Your Use of the Service
You agree you will NOT use the Service, or any part thereof, in any manner not expressly permitted by these Terms or in violation of applicable local, state, national or international law. In addition, you specifically agree you will NOT:
Website Management
We reserve the right, but do not have the obligation, to:
Links to Third-Party Websites
The Service may contain links to third-party websites or resources. We have no control over and do not endorse these external sites, content, products or services. We are not responsible for the availability, accuracy, nature or reliability of any linked content or services, and you access such third-party sites entirely at your own risk. Any transactions or dealings with third parties are solely between you and such third parties, and you agree we are not liable for any loss or damage you may incur.
Term and Termination
These Terms will remain in full force and effect while you use the Website or Service. Without limiting any other provision, we reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Website by any person for any reason or no reason, including for breach of these Terms or applicable law. We may terminate your use of the Service or delete any Content or information at any time.
Modifications & Interruptions
We may change, modify, suspend, discontinue or otherwise alter the Website or Service (or any part thereof) at our sole discretion and without notice to you. We will not be liable to you or any third party for any modification, suspension, price change, or discontinuance of the Website or Service. We cannot guarantee that the Website will be available at all times; downtime may occur due to hardware, software, maintenance or other factors outside our control.
Governing Law
These Terms and your use of the Website or Service are governed by and construed in accordance with the laws of the State of South Dakota, United States, without regard to any conflict of law principles.
Dispute Resolution
Any dispute, controversy or claim arising out of or relating to these Terms or the Website or Service shall be resolved exclusively through final and binding arbitration before a neutral arbitrator. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (or any successor rules) then in effect. The arbitrator will conduct hearings, if any, by teleconference or videoconference, unless an in-person hearing is requested by either party and approved by the arbitrator. The venue for any in-person appearance will be in South Dakota unless you and we otherwise agree in writing.
You and we each waive any right to have a trial by jury or to participate in a class action or representative proceeding. If any portion of this Section is found to be unenforceable, the remainder of this Section will remain in full force and effect.
Disclaimers & Limitations of Liability
Your use of the Website and Service is at your own risk. The Website and Service and all information, content, products, services and materials included therein are provided on an “AS IS” and “AS AVAILABLE” basis, without warranty of any kind (express or implied). Without limiting the foregoing, we disclaim all warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness and timeliness.
We do not guarantee that the Website or Service will be uninterrupted, error-free, secure or free from viruses or other harmful components.
To the maximum extent permitted by applicable law, you agree not to hold us or our directors, officers, employees, agents, partners, or affiliates liable for any indirect, incidental, special, consequential, punitive or exemplary damages, including lost profits, loss of revenue, loss of data or goodwill, or costs of substitution or alternative services, even if we knew or should have known of the possibility of such damages.
In no event will our aggregate liability to you for any cause of action exceed the greater of (a) the amount you paid to us in the preceding twelve (12) months, or (b) one hundred U.S. dollars (US $100). Some jurisdictions do not permit the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
Indemnification
You agree to defend, indemnify and hold harmless Straight Up Witch and its shareholders, officers, directors, employees, agents, advisors, affiliates, licensors and assigns (the “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, fines, penalties, costs and expenses (including attorney, paralegal, expert and accounting fees) arising out of or relating to (i) your use or misuse of the Service, (ii) your breach of any provision of these Terms, (iii) your violation of any law or regulation, or (iv) your violation of the rights of any third party. We may assume the exclusive defence and control of any matter subject to indemnification, and you agree to cooperate in the defence of any such claim.
User Data
We will maintain certain data that you submit to the Website for the purpose of managing the Site’s performance. Although we perform routine backups of data, you are responsible for all data you transmit or that is connected with your activity. We are not liable for any loss or corruption of such data, and you hereby waive any right of action against us in connection with any such loss or corruption.
Electronic Communications, Transactions & Signatures
By using the Website or Service you consent to receive communications from us electronically (e.g., via email or notices posted on the Website). These communications satisfy any legal requirement that such communications be in writing. You agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Website.
Any feedback, comments, suggestions or other submissions (“Feedback”) you send us become our property, and you hereby assign all rights (including intellectual property rights) in such Feedback to us. We are free to use, without attribution or compensation to you, any ideas, know-how or techniques contained in the Feedback.
Miscellaneous
These Terms and any policies or rules posted by us on the Website constitute the entire agreement between you and us regarding the Website or Service, and supersede any prior or contemporaneous agreements.
Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
If any provision of these Terms is invalid or unenforceable under applicable law, that provision will be deemed severed or limited to the extent required so that these Terms otherwise remain in full force and effect.
You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent; we may freely assign or transfer these Terms or such rights or obligations at our discretion.
Neither party will be liable for any delay or failure to perform any obligation under these Terms if such delay or failure is caused by a force‐majeure event (including natural disaster, war, pandemic, strike, governmental act, shortage of energy or materials, etc.).
Notices
All notices we are required to provide you will be delivered electronically via email or posted on the Website. Unless you specify otherwise, we may send email notices to your last-supplied email address. Notices to us must be in writing and sent to info@straightupwitch.com.
All Rights Reserved
All rights not expressly granted herein are reserved by Straight Up Witch. We reserve the right to enforce our rights to the fullest extent permitted by law, including seeking criminal prosecution where applicable.
End of Terms
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