Terms of Service

Last Updated: November 10, 2025

1. General Terms

These Terms of Service ("Terms") govern your access to and use of the KW Flowwear website (the "Site") and the purchase of products from KW Flowwear ("we," "us," or "our"). By using our Site or making a purchase, you agree to comply with and be bound by these Terms, as well as our Privacy Policy.

We reserve the right to update, change, or modify these Terms at any time without prior notice. Changes will be effective immediately upon posting. Your continued use of the Site after changes are posted constitutes your acceptance of the modified Terms.

2. Use of Website

Eligibility

You must be at least 18 years old to make a purchase from our Site. By using our Site and placing orders, you represent that you are at least 18 years of age and have the legal capacity to enter into a binding contract.

Account Responsibility

If you create an account on our Site, you are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account
• Providing accurate, current, and complete information

Prohibited Uses

You agree not to use our Site for any unlawful purpose or in any way that:

• Violates any applicable local, state, national, or international law
• Infringes on the intellectual property rights of others
• Transmits harmful, threatening, abusive, or defamatory content
• Attempts to gain unauthorized access to our systems or networks
• Interferes with or disrupts the Site or servers
• Uses automated systems (bots, scrapers) without permission
• Engages in fraudulent activities or identity theft

3. Products and Pricing

Product Information

We strive to provide accurate product descriptions, images, and pricing. However, we do not warrant that product descriptions, colors, sizing information, or other content on the Site is accurate, complete, reliable, current, or error-free. If a product you receive does not match the description, your sole remedy is to return it in accordance with our Return Policy.

Pricing and Availability

• All prices are listed in U.S. dollars (USD) and are subject to change without notice
• We reserve the right to modify or discontinue products at any time
• Product availability is not guaranteed until your order is confirmed
• In the event of a pricing error, we reserve the right to cancel orders placed at the incorrect price
• Promotions, discounts, and special offers are subject to specific terms and conditions

Color and Size Variations

We make every effort to display product colors accurately. However, the actual colors you see will depend on your monitor settings and may vary slightly from the images shown. Size charts are provided as guides, and fit may vary by style.

4. Orders and Payment

Order Acceptance

Your receipt of an order confirmation email does not signify our acceptance of your order. We reserve the right to accept or decline your order for any reason, including but not limited to:

• Product unavailability
• Pricing or product description errors
• Suspected fraudulent activity
• Inability to verify payment information
• Restrictions on quantities available for purchase

Payment Terms

Payment is required at the time of purchase. We accept major credit cards, debit cards, and other payment methods as displayed on our Site. By providing payment information, you represent and warrant that:

• You have the legal right to use the payment method
• The information you provide is true, correct, and complete
• You authorize us to charge the specified amount to your payment method

All payments are processed securely through our payment processor. We do not store your complete credit card information on our servers.

Sales Tax

Sales tax will be applied to orders as required by law based on the shipping destination. The total amount charged will include applicable taxes as shown at checkout.

5. Shipping and Delivery

Shipping Policy

• We currently ship to addresses within the United States
• Shipping costs and estimated delivery times are provided at checkout
• Orders are typically processed within 1-3 business days
• Delivery times are estimates and are not guaranteed
• Risk of loss and title for products pass to you upon delivery to the carrier

Shipping Address

You are responsible for providing an accurate shipping address. We are not responsible for orders shipped to incorrect addresses provided by the customer. If a package is returned to us due to an incorrect address, additional shipping charges may apply for reshipment.

Delayed or Lost Shipments

While we work with reliable shipping carriers, we are not responsible for delays or losses caused by the carrier. If your order is lost or significantly delayed, please contact us, and we will work with you to resolve the issue.

6. Returns and Refunds

Return Policy

We want you to love your KW Flowwear products. If you're not completely satisfied, you may return unworn, unwashed items with original tags attached within 30 days of delivery for a refund or exchange.

Return Conditions

• Items must be in new, unused condition with original tags attached
• Items must be returned in their original packaging
• Sale and clearance items may be final sale and not eligible for return
• Custom or personalized items are not eligible for return

Return Process

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

Refunds

Once we receive and inspect your return, we will process your refund. Refunds will be issued to the original payment method within 5-10 business days. Shipping costs are non-refundable unless the return is due to our error. You are responsible for return shipping costs unless the item is defective or we made an error.

Exchanges

If you need a different size or color, please contact us to arrange an exchange. Exchanges are subject to product availability.

7. Intellectual Property Rights

Ownership

All content on the Site, including but not limited to text, graphics, logos, images, designs, product descriptions, and software, is the property of KW Flowwear or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

Limited License

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

• Reproduce, distribute, modify, or create derivative works from our content
• Use our content for commercial purposes without written permission
• Remove copyright or proprietary notices from our content
• Use our trademarks or trade names without authorization

User-Generated Content

If you submit reviews, comments, photos, or other content to our Site, you grant us a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, and display such content in connection with our business.

8. Disclaimers and Limitation of Liability

Disclaimer of Warranties

THE SITE AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

• The Site will be uninterrupted, secure, or error-free
• Defects will be corrected
• The Site or servers are free of viruses or harmful components
• Results from using the Site will meet your requirements

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KW FLOWWEAR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

• Your access to or use of or inability to access or use the Site
• Any conduct or content of any third party on the Site
• Any unauthorized access, use, or alteration of your content
• Product quality, performance, or suitability

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT(S) OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.

Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for consequential damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless KW Flowwear, its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your violation of these Terms of Service
• Your use of the Site or products
• Your violation of any third-party rights, including intellectual property rights
• Any content you submit or post to the Site

10. Dispute Resolution and Governing Law

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota and the United States, without regard to conflict of law provisions.

Dispute Resolution

Any dispute arising out of or relating to these Terms or your use of the Site shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, rather than in court, except that you may assert claims in small claims court if your claims qualify.

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and KW Flowwear individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Venue

If arbitration is not applicable, you agree that any legal action shall be brought exclusively in the state or federal courts located in Minneapolis, Minnesota, and you consent to the personal jurisdiction of such courts.

11. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, supplier failures, shipping delays, or government restrictions.

12. Severability

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

13. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices published on the Site, constitute the entire agreement between you and KW Flowwear concerning your use of the Site and purchase of products.

14. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of KW Flowwear.

15. Assignment

You may not assign or transfer these Terms or your rights and obligations under these Terms without our prior written consent. We may assign or transfer these Terms at our sole discretion without restriction.

16. Termination

We reserve the right to terminate or suspend your access to the Site and your account at any time, without prior notice or liability, for any reason, including but not limited to breach of these Terms. Upon termination, your right to use the Site will immediately cease.

17. Contact Information

KW Flowwear - Inspiring self-growth, confidence, and balance through positive-energy apparel.

By using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.