This website is operated by Brand Name. Throughout the site, the terms “we”, “us” and “our”
refer to Brand Name. Brand Name offers this website, including all information, tools and
services available from this site to you, the user, conditioned upon your acceptance of all
terms, conditions, policies and notices stated here.
By visiting our site and/ or
purchasing something from us, you engage in our “Service” and agree to be bound by the
following terms and conditions (“Terms of Service”, “Terms”), including those additional
terms and conditions and policies referenced herein and/or available by hyperlink. These
Terms of Service apply to all users of the site, including without limitation users who are
browsers, vendors, customers, merchants, and/ or contributors of content.
Please read
these Terms of Service carefully before accessing or using our website. By accessing or
using any part of the site, you agree to be bound by these Terms of Service. If you do not
agree to all the terms and conditions of this agreement, then you may not access the website
or use any services. If these Terms of Service are considered an offer, acceptance is
expressly limited to these Terms of Service.
Any new features or tools which are
added to the current store shall also be subject to the Terms of Service. You can review the
most current version of the Terms of Service at any time on this page. We reserve the right
to update, change or replace any part of these Terms of Service by posting updates and/or
changes to our website. It is your responsibility to check this page periodically for
changes. Your continued use of or access to the website following the posting of any changes
constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They
provide us with the online e-commerce platform that allows us to sell our products and
services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of
Service, you represent that you are at least the age of majority in your state or province
of residence, or that you are the age of majority in your state or province of residence and
you have given us your consent to allow any of your minor dependents to use this site.
You
may not use our products for any illegal or unauthorized purpose nor may you, in the use of
the Service, violate any laws in your jurisdiction (including but not limited to copyright
laws).
You must not transmit any worms or viruses or any code of a destructive
nature.
A breach or violation of any of the Terms will result in an immediate termination
of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to
refuse service to anyone for any reason at any time.
You understand that your content
(not including credit card information), may be transferred unencrypted and involve (a)
transmissions over various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices. Credit card information is always encrypted
during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell
or exploit any portion of the Service, use of the Service, or access to the Service or any
contact on the website through which the service is provided, without express written
permission by us.
The headings used in this agreement are included for convenience only
and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY,
COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made
available on this site is not accurate, complete or current. The material on this site is
provided for general information only and should not be relied upon or used as the sole
basis for making decisions without consulting primary, more accurate, more complete or more
timely sources of information. Any reliance on the material on this site is at your own
risk.
This site may contain certain historical information. Historical information,
necessarily, is not current and is provided for your reference only. We reserve the right to
modify the contents of this site at any time, but we have no obligation to update any
information on our site. You agree that it is your responsibility to monitor changes to our
site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our
products are subject to change without notice.
We reserve the right at any time to modify
or discontinue the Service (or any part or content thereof) without notice at any time.
We
shall not be liable to you or to any third-party for any modification, price change,
suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if
applicable)
Certain products or services may be available exclusively online through
the website. These products or services may have limited quantities and are subject to
return or exchange only according to our Return Policy.
We have made every effort to
display as accurately as possible the colors and images of our products that appear at the
store. We cannot guarantee that your computer monitor's display of any color will be
accurate.
We reserve the right, but are not obligated, to limit the sales of our products
or Services to any person, geographic region or jurisdiction. We may exercise this right on
a case-by-case basis. We reserve the right to limit the quantities of any products or
services that we offer. All descriptions of products or product pricing are subject to
change at anytime without notice, at the sole discretion of us. We reserve the right to
discontinue any product at any time. Any offer for any product or service made on this site
is void where prohibited.
We do not warrant that the quality of any products, services,
information, or other material purchased or obtained by you will meet your expectations, or
that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND
ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We
may, in our sole discretion, limit or cancel quantities purchased per person, per household
or per order. These restrictions may include orders placed by or under the same customer
account, the same credit card, and/or orders that use the same billing and/or shipping
address. In the event that we make a change to or cancel an order, we may attempt to notify
you by contacting the e‑mail and/or billing address/phone number provided at the time the
order was made. We reserve the right to limit or prohibit orders that, in our sole judgment,
appear to be placed by dealers, resellers or distributors.
You agree to provide
current, complete and accurate purchase and account information for all purchases made at
our store. You agree to promptly update your account and other information, including your
email address and credit card numbers and expiration dates, so that we can complete your
transactions and contact you as needed.
For more detail, please review our Returns
Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to
third-party tools over which we neither monitor nor have any control nor input.
You
acknowledge and agree that we provide access to such tools ”as is” and “as available”
without any warranties, representations or conditions of any kind and without any
endorsement. We shall have no liability whatsoever arising from or relating to your use of
optional third-party tools.
Any use by you of optional tools offered through the site is
entirely at your own risk and discretion and you should ensure that you are familiar with
and approve of the terms on which tools are provided by the relevant third-party
provider(s).
We may also, in the future, offer new services and/or features through the
website (including, the release of new tools and resources). Such new features and/or
services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY
LINKS
Certain content, products and services available via our Service may include
materials from third-parties.
Third-party links on this site may direct you to
third-party websites that are not affiliated with us. We are not responsible for examining
or evaluating the content or accuracy and we do not warrant and will not have any liability
or responsibility for any third-party materials or websites, or for any other materials,
products, or services of third-parties.
We are not liable for any harm or damages related
to the purchase or use of goods, services, resources, content, or any other transactions
made in connection with any third-party websites. Please review carefully the third-party's
policies and practices and make sure you understand them before you engage in any
transaction. Complaints, claims, concerns, or questions regarding third-party products
should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER
SUBMISSIONS
If, at our request, you send certain specific submissions (for example
contest entries) or without a request from us you send creative ideas, suggestions,
proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise
(collectively, 'comments'), you agree that we may, at any time, without restriction, edit,
copy, publish, distribute, translate and otherwise use in any medium any comments that you
forward to us. We are and shall be under no obligation (1) to maintain any comments in
confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We
may, but have no obligation to, monitor, edit or remove content that we determine in our
sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic,
obscene or otherwise objectionable or violates any party’s intellectual property or these
Terms of Service.
You agree that your comments will not violate any right of any
third-party, including copyright, trademark, privacy, personality or other personal or
proprietary right. You further agree that your comments will not contain libelous or
otherwise unlawful, abusive or obscene material, or contain any computer virus or other
malware that could in any way affect the operation of the Service or any related website.
You may not use a false e‑mail address, pretend to be someone other than yourself, or
otherwise mislead us or third-parties as to the origin of any comments. You are solely
responsible for any comments you make and their accuracy. We take no responsibility and
assume no liability for any comments posted by you or any third-party.
SECTION 10 -
PERSONAL INFORMATION
Your submission of personal information through the store is
governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS,
INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in
the Service that contains typographical errors, inaccuracies or omissions that may relate to
product descriptions, pricing, promotions, offers, product shipping charges, transit times
and availability. We reserve the right to correct any errors, inaccuracies or omissions, and
to change or update information or cancel orders if any information in the Service or on any
related website is inaccurate at any time without prior notice (including after you have
submitted your order).
We undertake no obligation to update, amend or clarify information
in the Service or on any related website, including without limitation, pricing information,
except as required by law. No specified update or refresh date applied in the Service or on
any related website, should be taken to indicate that all information in the Service or on
any related website has been modified or updated.
SECTION 12 - PROHIBITED
USES
In addition to other prohibitions as set forth in the Terms of Service, you are
prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit
others to perform or participate in any unlawful acts; (c) to violate any international,
federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe
upon or violate our intellectual property rights or the intellectual property rights of
others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national
origin, or disability; (f) to submit false or misleading information; (g) to upload or
transmit viruses or any other type of malicious code that will or may be used in any way
that will affect the functionality or operation of the Service or of any related website,
other websites, or the Internet; (h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral
purpose; or (k) to interfere with or circumvent the security features of the Service or any
related website, other websites, or the Internet. We reserve the right to terminate your use
of the Service or any related website for violating any of the prohibited uses.
SECTION
13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent
or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We
do not warrant that the results that may be obtained from the use of the service will be
accurate or reliable.
You agree that from time to time we may remove the service for
indefinite periods of time or cancel the service at any time, without notice to you.
You
expressly agree that your use of, or inability to use, the service is at your sole risk. The
service and all products and services delivered to you through the service are (except as
expressly stated by us) provided 'as is' and 'as available' for your use, without any
representation, warranties or conditions of any kind, either express or implied, including
all implied warranties or conditions of merchantability, merchantable quality, fitness for a
particular purpose, durability, title, and non-infringement.
In no case shall Brand Name,
our directors, officers, employees, affiliates, agents, contractors, interns, suppliers,
service providers or licensors be liable for any injury, loss, claim, or any direct,
indirect, incidental, punitive, special, or consequential damages of any kind, including,
without limitation lost profits, lost revenue, lost savings, loss of data, replacement
costs, or any similar damages, whether based in contract, tort (including negligence),
strict liability or otherwise, arising from your use of any of the service or any products
procured using the service, or for any other claim related in any way to your use of the
service or any product, including, but not limited to, any errors or omissions in any
content, or any loss or damage of any kind incurred as a result of the use of the service or
any content (or product) posted, transmitted, or otherwise made available via the service,
even if advised of their possibility. Because some states or jurisdictions do not allow the
exclusion or the limitation of liability for consequential or incidental damages, in such
states or jurisdictions, our liability shall be limited to the maximum extent permitted by
law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold
harmless Brand Name and our parent, subsidiaries, affiliates, partners, officers, directors,
agents, contractors, licensors, service providers, subcontractors, suppliers, interns and
employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by
any third-party due to or arising out of your breach of these Terms of Service or the
documents they incorporate by reference, or your violation of any law or the rights of a
third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of
these Terms of Service is determined to be unlawful, void or unenforceable, such provision
shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the
unenforceable portion shall be deemed to be severed from these Terms of Service, such
determination shall not affect the validity and enforceability of any other remaining
provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the
parties incurred prior to the termination date shall survive the termination of this
agreement for all purposes.
These Terms of Service are effective unless and until
terminated by either you or us. You may terminate these Terms of Service at any time by
notifying us that you no longer wish to use our Services, or when you cease using our
site.
If in our sole judgment you fail, or we suspect that you have failed, to comply
with any term or provision of these Terms of Service, we also may terminate this agreement
at any time without notice and you will remain liable for all amounts due up to and
including the date of termination; and/or accordingly may deny you access to our Services
(or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to
exercise or enforce any right or provision of these Terms of Service shall not constitute a
waiver of such right or provision.
These Terms of Service and any policies or operating
rules posted by us on this site or in respect to The Service constitutes the entire
agreement and understanding between you and us and govern your use of the Service,
superseding any prior or contemporaneous agreements, communications and proposals, whether
oral or written, between you and us (including, but not limited to, any prior versions of
the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service
shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These
Terms of Service and any separate agreements whereby we provide you Services shall be
governed by and construed in accordance with the laws of United States.
SECTION 19 -
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of
Service at any time at this page.
We reserve the right, at our sole discretion, to
update, change or replace any part of these Terms of Service by posting updates and changes
to our website. It is your responsibility to check our website periodically for changes.
Your continued use of or access to our website or the Service following the posting of any
changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20
- CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at
info@example.com .