Terms of service
Last Updated: January 2, 2025
Welcome to https://alwayssunnyco.com/. Please read these Terms of Service (the “Terms”) carefully. This is an agreement between you (“User,” “you,” “your”, or words of similar meaning) and Always Sunny Co, LLC, a Colorado limited liability company (“Always Sunny Co”, “we”, “us”, “our,” or words of similar meaning) (each, a “Party” and, collectively, the “Parties”). These Terms govern your access to and use of the Always Sunny Co website located at https://alwayssunnyco.com/ (the “Site”). To make these Terms easier to read, the Site, all related tools, mobile applications, and platforms, and our online retail services are collectively called the “Services.”
THESE TERMS STATE THAT ANY DISPUTES BETWEEN US AND YOU MUST BE SETTLED IN SMALL CLAIMS COURT AND THAT YOU ARE WAIVING YOUR RIGHTS TO A CLASS ACTION AND A JURY TRIAL.
1. Agreement. By accessing or using the Services, you acknowledge that you have read and agree to be bound by these Terms. If you do not accept, do not use the Services, as your access of or use of the Services explicitly constitutes your acceptance of the Terms. If you choose to accept these Terms, you must do so as they are presented to you – no changes will be accepted by us. Notwithstanding the foregoing, the laws of some jurisdictions may limit or not permit certain provisions of these Terms, such as indemnification, the exclusion of certain warranties, or the limitation of liability. In such a case, such provisions will apply only to the maximum extent permitted by the laws of such jurisdictions.
2. Changes to these Terms or the Services. We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site or through other means of communication. It is important that you review the Terms whenever we update them or you use the Services, as they govern your use of the Services. Your continued use of the Services following the posting of the revised Terms or the provision of reasonable notice of any changes to the Terms will indicate your acceptance of any such changes. If you don’t agree to be bound by the changes, you must discontinue use of the Services. Because our Services are evolving over time, we may change or discontinue, temporarily or permanently, all or any part of the Services, at any time and without notice, at our sole discretion. You agree that we will not be liable to you for any modification, suspension, or discontinuation of the Services.
3. Additional Terms and Policies. Your access to and use of the Services is subject to additional terms and policies as may be posted on the Site from time to time (the “Additional Terms”), including our Privacy Policy, linked here, (“Privacy Policy”), which also governs your use of the Services. By submitting personal data through our Services or otherwise sharing personal data with us, you agree to the terms of our Privacy Policy, and you expressly consent to the collection, use, disclosure, and other processing of your personal data in accordance with the Privacy Policy.
4. Eligibility to Use the Services. To use the Services, you must (a) be at least eighteen (18) years old or, if you are under eighteen (18) years of age but are at least thirteen (13) years old, you must use the Services with the consent of your parent or legal guardian; (b) have not previously been suspended or removed from the Services; and (c) use the Services in compliance with any and all applicable laws and regulations and these Terms. The Services are not authorized for use in jurisdictions that are subject to a U.S. government embargo, designated by the U.S. government as a terrorist-supporting country, listed by the U.S. government as a prohibited or restricted party, or otherwise have U.S. government or certain international economic sanctions applied. You may not attempt to access or use the Services if you are not permitted to do so.
5. Prohibited Conduct. We reserve the right to take action, without notice, if we believe you have violated these Terms. Without limiting any other provision in these Terms, you agree not to do any of the following:
a. Use the Services for any illegal purpose or otherwise violate any law or regulation;
b. Infringe, misappropriate, or otherwise violate our rights or the rights of any third parties, including intellectual property rights or rights of publicity or privacy;
c. Post (as defined below) any content that in our sole discretion: (i) infringes, misappropriates, or otherwise violates a third party’s intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or may give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, objectionable, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (vii) promotes illegal or harmful activities or substances or (viii) otherwise violates Always Sunny Co’s community standards or core values;
d. Use, display, mirror or frame the Services or any individual element within the Services, Always Sunny Co’s name, Products (as defined below), and any Always Sunny Co trademark, logo, content, materials, artwork, designs or other proprietary information or property, or the layout and design of any page or form contained on a page of the Services, without Always Sunny Co’s express written consent;
e. Interfere in any way with any security-related feature of the Site or other Services;
f. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
g. Attempt to access or search the Services or download, scrape or otherwise obtain content or data from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Always Sunny Co or other generally available third-party web browsers;
h. Use the Services, Products, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
i. Use the Service or data collected from our Service for any advertising or direct marketing activity (including without limitation, email marketing, SMS marketing, and telemarketing) without Always Sunny Co’s express prior written consent;
j. Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making
unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;
k. Perform any fraudulent activity, including impersonating any person or entity, misrepresenting your affiliation with any person or entity, or falsifying your identity or any information about you, including your age or date of birth;
l. Conduct any other activity that Always Sunny Co considers to be malicious or detrimental activity; or
m. Encourage, enable or permit any other individual to do any of the foregoing.
6. Third-Party Service Providers and Websites. We may partner with certain third parties, including payment processors, such as Shop Pay, PayPal, and Venmo (“Payment Processors”), to assist with payments, transactions, identify verification, and fraud prevention, and for other legal and compliance functions. By using our Services, you agree to review and comply with the terms and policies of all such third-party service providers. Additionally, our Services may contain links to third-party websites and services. We provide such links as a convenience, and do not control or endorse these websites and services. You acknowledge and agree that we have not reviewed the content, advertising, products, services, or other materials that appear on such third-party websites or services, and are not responsible for the legality, accuracy, or appropriateness of any such content, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of any such third-party websites or services. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources.
7. Payment Information and Transactions.
a. Final Sale. All sales of products and services available for purchase through the Services (the “Products”) are final sales for which refunds will not be offered.
b. No Resale. You acknowledge and agree that you may not resell or distribute any Products, unless we explicitly consent in writing in advance.
c. Payment Information and Authorizations. When you make a purchase through the Services using a credit card or debit card, you expressly authorize us (and any Payment Processor) to charge your payment card for all purchases you make. We may ask you to supply additional information relevant to your transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. You may need to provide additional information to verify your identity before completing your transaction (and such information is included within the definition of Payment Information). We reserve the right to use the Payment Information you provide us in connection with any payments to provide better services to you should you wish to use our Services again in the future and to protect us from fraud and other losses.
d. Completion of Transaction. Completion of a payment transaction is contingent upon (a) the provision of complete personal, account, and transaction information and any other information needed; (b) authorization of the payment by your credit or debit card company; and (c) acceptance of your payment. We will not be liable for failure to complete any transaction if you provide inaccurate or incomplete information.
e. Fees. By making a purchase through the Services, you agree to pay all applicable fees, including payment processing fees, credit card transaction fees, foreign transaction fees, and taxes.
8. Intellectual Property. The Services, Products and their contents, materials and features (including all information, data, software, content, text, images, video, graphics, audio, artwork, the design, and the selection and arrangement thereof) (collectively, the “Always Sunny Co Content”) are owned by us, our licensors, or other providers of such material and are protected by applicable United States and international copyright, trademark, patent, trade secret and other intellectual property laws. No Always Sunny Co Content may be copied, reproduced, republished, uploaded, posted, publicly displayed or performed, downloaded, modified, used to create derivative works, transmitted, or distributed in any way without our express permission in advance, except as may be required for you to access and view the Site or other Services in accordance with these Terms.
You may not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services, use any Always Sunny Co Content to link to the Service, or use framing techniques to enclose any Always Sunny Co Content without our express written permission in advance. We intend to vigorously enforce our rights, including our intellectual property rights. Our name, the terms ALWAYS SUNNY, our logos, and all related names, logos, product and service names, designs, and slogans are trademarks of us or our affiliates. You must not use such marks without our prior written permission in advance. References to any other products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise on the Services does not constitute or imply endorsement, sponsorship or recommendation by Always Sunny Co.
9. Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services and Products (“Feedback”). If you choose to submit Feedback, you agree that we own and are free to use it (and permit others to use it) without any restriction or compensation to you and you hereby assign such Feedback to us.
10. User Generated Content. Our Services may allow users to post, submit, publish, display, upload or transmit (together, “Post”) content or materials, such as text, files, documents, graphics, or images on the Services (“UGC”). You retain ownership of any UGC that you Post, other than Feedback. You agree that any Posting that you do on the Services shall be compliant with all applicable laws, including intellectual property laws and advertising laws and guidelines, such as FTC regulations.
By Posting any UGC on or through the Services you hereby grant to Always Sunny Co and our affiliates a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your UGC in connection with operating and providing the Services and for any other purpose. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any UGC that you Post on or through the Services.
You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your UGC under these Terms and that neither your UGC, nor your use and provision of your UGC to be made available through the Services, nor any use of your UGC by Always Sunny Co or its sublicensees as contemplated herein will infringe, misappropriate or otherwise violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You understand and acknowledge that you are solely responsible for any UGC that you Post, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any UGC Posted by you or any other user of the Services.
In certain instances, some of your UGC may not be completely removed and copies of your UGC may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any UGC.
We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone Posting any materials on or through the Services. Furthermore, we have the right to disclose your identity or other information about you to any third party who claims that material Posted by you violates their rights, including their intellectual property rights or their right to publicity or privacy. We may also take any action with respect to any UGC that we deem necessary or appropriate, including if we believe, in our sole discretion, that such UGC infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for us. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER US/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is Posted on the Services and cannot ensure prompt removal of objectionable material after it has been Posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section 10 .
11. Reliance on Information Posted. The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Services, or by anyone who may be informed of any of the Service’s contents.
12. Termination. We may suspend or terminate some or all of your access to and use of the Services at our sole discretion, at any time and without notice to you, including if we determine in our sole discretion that you have violated these Terms, or your use of the Services is impacting the functioning or availability of the Services. Upon any termination, any provisions of these Terms which either expressly, or by their nature are intended to, survive termination of these Terms shall so survive, including this provision and Section 3, Sections 6 - 11 and Sections 13 - 18 .
13. DISCLAIMERS. OUR SERVICES, PRODUCTS AND ALL ALWAYS SUNNY CO CONTENT CONTAINED THEREIN IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE CANNOT GUARANTEE THE CONTINUOUS OPERATION OF OR ACCESS TO OUR SERVICES OR PRODUCTS, AND WE MAKE NO WARRANTY THAT THE SERVICES OR PRODUCTS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FEE BASIS. YOUR USE OF THE SERVICES AND PRODUCTS IS AT YOUR
OWN RISK. WE SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE. YOU ASSUME ALL RISK FOR ANY DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO OUR SERVICES OR PRODUCTS. WE DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES IN THE INFORMATION, CONTENT, RECOMMENDATIONS, PRODUCTS AND OTHER MATERIALS MADE AVAILABLE THROUGH OUR SERVICES, INCLUDING THE ALWAYS SUNNY CO CONTENT.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY OF EITHER PARTY FOR FRAUD, VIOLATION OF LAWS, OR ANY OTHER ACTIVITY THAT CANNOT BE LIMITED OR EXCLUDED BY LEGITIMATE MEANS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOUR ACCESS OR USE OF A PRODUCT OR THE SERVICES IS YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ, UNDERSTAND AND AGREE WITH THE STATEMENTS MADE IN THIS DISCLOSURE AND THAT THIS SECTION CONSTITUTES SUFFICIENT DISCLOSURE UNDER THE LAW.
14. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL WE OR OUR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES (INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL ALWAYS SUNNY CO’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR PRODUCTS EXCEED THE AMOUNTS YOU HAVE PAID TO ALWAYS SUNNY CO FOR USE OF THE SERVICES OR PRODUCTS. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ALWAYS SUNNY CO AND YOU. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations or the disclaimer of warranties in this Section 14 may not apply to you.
15. Indemnity. To the fullest extent permitted by applicable law, you agree to indemnify, hold harmless, and at Always Sunny Co’s request, defend, Always Sunny Co and its affiliates, and each of their respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, agents, representatives, predecessors, successors, and assigns (individually and collectively, the “Indemnified Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of, or are related to: (a) your access to or use or misuse of the Services, Products, or UGC; (b) your UGC or Feedback; (c) your violation of these Terms or any applicable law or regulation; (d) your violation of the rights of a third party, including any intellectual property right or right of publicity or privacy; (e) your negligence or willful misconduct; or (f) any disputes or issues between you and a third party.
You agree to promptly notify Always Sunny Co of any Claims and cooperate with the Indemnified Parties in defending such Claims. You further agree that the Indemnified Parties shall have control of the defense or settlement of any third-party Claims, unless otherwise mutually agreed to, which may be at your cost and expense. Always Sunny Co will have the right to demand and be paid its actual out-of-pocket costs and expenses on an ongoing basis without prejudice to any other remedies available to Always Sunny Co. In any event, you will not settle any Claim without Always Sunny Co’s prior written consent, and you acknowledge and agree that any settlement or attempted settlement of the third-party Claims as described herein without Always Sunny Co’s prior written consent shall be void. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
16. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the laws of the State of New York, without regard to its conflict of law provisions. To the extent that any lawsuit or court proceeding is permitted hereunder, you and we agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within
Denver, Colorado, for the purpose of litigating all such disputes.
17. Disputes.
a. JURY TRIAL WAIVER. YOU HEREBY EXPRESSLY WAIVE A TRIAL BY JURY.
b. CLASS ACTION WAIVER. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
c. All provisions in this Section 17 shall survive the termination of this agreement.
18. General Terms. These Terms, together with the Privacy Policy and any other Additional Terms, constitute the entire and exclusive understanding and agreement between you and us regarding your use of and access to the Services and Products, and supersede and replace all prior oral or written understandings or agreements between you and Always Sunny Co regarding the Services or Products. Except as expressly permitted above, these Terms may only be amended by a written agreement signed by authorized representatives of the parties. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Always Sunny Co. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Always Sunny Co’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. If you have any questions about these Terms, please contact Always Sunny Co at alwayssunnyetsy@gmail.com