Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the SET ACTIVE website, located at setactivesale.com (“Website”), and any related services, content, or features offered by SET ACTIVE (collectively, “Services”). By accessing or using the Website or Services (including browsing products, creating an account, or purchasing premium activewear like Airluxe® and Formcloud® collections), you agree to be bound by these Terms, as well as our Privacy Policy and Terms of Purchase (all available on the Website).

1. Acceptance of Terms

  • These Terms apply to all users of the Website, including visitors, account holders, and customers who purchase products (e.g., limited-edition sporty bras, leggings, seasonal sets).
  • If you do not agree to these Terms, you may not access or use the Website or Services.
  • We may modify these Terms from time to time (see Section 10 for details); your continued use of the Website after modifications take effect constitutes acceptance of the updated Terms.

2. Eligibility to Use the Website

To use the Website and Services, you must:
  • Be at least 13 years old (or have parental/guardian consent if you are under 18, as required by our Terms of Purchase for placing orders);
  • Have the legal capacity to enter into binding agreements (or have a parent/guardian act on your behalf if you lack such capacity);
  • Comply with all applicable laws, regulations, and these Terms;
  • Not use the Website for any unlawful or unauthorized purpose.

3. Account Creation and Management

3.1 Account Registration

When creating an account on the Website, you must provide accurate, complete, and current information (e.g., name, email address, shipping details). You agree to:
  • Update your account information promptly if it changes;
  • Keep your account password secure and confidential;
  • Not share your account credentials with third parties;
  • Take responsibility for all activities conducted under your account.

3.2 Account Termination

We reserve the right to suspend or terminate your account (and access to the Website) at any time, without notice, if:
  • You violate these Terms or our Privacy Policy;
  • You provide false or misleading information;
  • Your account is inactive for an extended period (we will notify you via email before termination for inactivity, where required by law);
  • We suspect fraudulent or unauthorized use of your account.
You may also delete your account at any time by contacting our customer service team at service@setactivesale.com.

4. Permitted Uses of the Website

You may use the Website and Services only for lawful purposes, including:
  • Browsing product listings (e.g., Airluxe® fabric activewear, seasonal collections);
  • Creating an account to track orders, save preferences, or manage returns;
  • Purchasing products in accordance with our Terms of Purchase;
  • Accessing and using customer support services (e.g., inquiries about shipping, returns, or product details).

5. Prohibited Uses

You may not use the Website or Services to:
  • Violate any applicable laws, regulations, or third-party rights (e.g., copyright, trademark, privacy);
  • Upload, post, or transmit any harmful, offensive, or inappropriate content (e.g., malware, hate speech, spam);
  • Interfere with the Website’s functionality (e.g., hacking, scraping, or disrupting servers);
  • Impersonate SET ACTIVE, our employees, or other users;
  • Use automated tools (e.g., bots) to access, scrape, or collect data from the Website without our prior written consent;
  • Resell, reproduce, or distribute Website content (e.g., product images, descriptions) without our explicit permission;
  • Manipulate product pricing, inventory, or order processes (e.g., creating fake orders to inflate stock);
  • Attempt to bypass security measures or access restricted areas of the Website.

6. Intellectual Property Rights

6.1 Ownership of Website Content

All content on the Website—including product images, descriptions (e.g., Airluxe® and Formcloud® fabric details), logos, trademarks, text, and design elements—is the exclusive property of SET ACTIVE or our licensors. These materials are protected by U.S. and international copyright, trademark, and intellectual property laws.

6.2 Limited License

We grant you a non-exclusive, non-transferable, revocable license to access and use the Website content solely for personal, non-commercial purposes (e.g., browsing products, placing orders). You may not:
  • Copy, modify, or distribute Website content without our written permission;
  • Use our trademarks (e.g., “SET ACTIVE,” “Airluxe®,” “Formcloud®”) in any way that implies affiliation or endorsement without our consent;
  • Remove or alter copyright, trademark, or other proprietary notices from Website content.

7. Website Availability and Accuracy

7.1 Availability

We strive to keep the Website accessible 24/7, but we do not guarantee uninterrupted or error-free access. We may temporarily suspend the Website for maintenance, updates, or technical issues (we will post notices of planned downtime when possible). We are not liable for any damages resulting from Website unavailability.

7.2 Content Accuracy

We make reasonable efforts to ensure Website content (e.g., product prices, descriptions, inventory levels) is accurate and up-to-date. However, we do not warrant that content is error-free:
  • Product colors may vary slightly from your device’s display (as noted in our Terms of Purchase);
  • Pricing or inventory errors may occur (we reserve the right to correct errors and cancel affected orders, as outlined in our Terms of Purchase);
  • Links to third-party websites (e.g., social media, payment processors) are provided for convenience—we are not responsible for their content or accuracy.

8. User-Generated Content (If Applicable)

If the Website allows you to submit user-generated content (e.g., reviews, photos, feedback), you agree that:
  • You own all rights to the content you submit, or have permission to share it;
  • Your content does not violate third-party rights, laws, or these Terms (e.g., no offensive, infringing, or misleading content);
  • You grant SET ACTIVE a non-exclusive, worldwide, royalty-free license to use, reproduce, and display your content for marketing, promotional, or Website improvement purposes (with attribution where appropriate);
  • We may moderate, edit, or remove user-generated content at our discretion, without notice.

9. Limitation of Liability

SET ACTIVE shall not be liable for any indirect, incidental, special, or consequential damages (including but not limited to lost data, lost profits, or inconvenience) arising from:
  • Your access to or use of (or inability to use) the Website or Services;
  • Errors or inaccuracies in Website content;
  • Website downtime or technical issues;
  • Unauthorized access to or use of your account;
  • Third-party actions or content (e.g., links to external sites).
Our total liability to you for any claim related to these Terms shall not exceed $100. This limitation does not apply to damages caused by our gross negligence, intentional misconduct, or violations of applicable law (e.g., personal injury resulting from defective products).

10. Changes to These Terms

We may update these Terms from time to time to reflect changes in our business practices, legal requirements, or Website features. When we make material changes:
  • We will post the updated Terms on the Website;
  • We will update the “Last Updated” date at the top of this page;
  • We may notify account holders via email (to the address provided in your account) of significant changes.
You are responsible for reviewing these Terms periodically. Your continued use of the Website after changes take effect means you accept the updated Terms.

11. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, United States (where our fulfillment location is based, at 305 Everette Road, Tarboro North Carolina 27886).
Any dispute arising from these Terms or your use of the Website shall first be resolved through good-faith communication with our customer service team (via service@setactivesale.com). If a resolution cannot be reached, disputes shall be submitted to binding arbitration in Tarboro, North Carolina, in accordance with the rules of the American Arbitration Association. Arbitration decisions are final and binding on both parties.

12. Contact Us

If you have questions, concerns, or disputes related to these Terms of Use or your use of the Website, please contact us:
  • Mailing Address: 305 Everette Road, Tarboro North Carolina 27886, United States