TERMS OF SERVICE
This site is operated by Example. Throughout the internet site, the terms “we”, “us” and “our” refer to Instance. Instance gives this website, such as all info, tools and services accessible from this website to you, the user, conditioned upon your acceptance of all terms, circumstances, policies and notices stated right here.
By visiting our internet site and/ or getting something from us, you engage in our “Service” and agree to be bound by the following terms and situations (“Terms of Service”, “Terms”), including these additional terms and conditions and policies referenced herein and/or offered by hyperlink. These Terms of Service apply to all customers of the website, which includes without having limitation customers who’re browsers, vendors, clients, merchants, and/ or contributors of content material.
Please read these Terms of Service very carefully prior to accessing or employing our website. By accessing or utilizing any portion from the website, you agree to become bound by these Terms of Service. In the event you do not agree to all the terms and conditions of this agreement, then you definitely might not access the website or use any services. If these Terms of Service are regarded an provide, acceptance is expressly limited to these Terms of Service.
Any new features or tools that are added for the present retailer shall also be topic towards the Terms of Service. It is possible to assessment one of the most existing version in the Terms of Service at any time on this web page. We reserve the best to update, alter or replace any part of those Terms of Service by posting updates and/or changes to our website. It’s your duty to verify this page periodically for modifications. Your continued use of or access towards the web site following the posting of any alterations constitutes acceptance of these modifications.
Our retailer is hosted on Shopify Inc. They supply us with all the on-line e-commerce platform that permits us to sell our items and solutions to you.
SECTION 1 – On the internet Retailer TERMS
By agreeing to these Terms of Service, you represent that you’re at least the age of majority inside your state or province of residence, or that you are the age of majority within your state or province of residence and you have given us your consent to allow any of one’s minor dependents to utilize this website.
You could possibly not use our items for any illegal or unauthorized objective nor might you, within the use in the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You should not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any from the Terms will result in an immediate termination of your Solutions.
SECTION 2 – Common Situations
We reserve the best to refuse service to anyone for any explanation at any time.
You realize that your content material (not like credit card information), might be transferred unencrypted and involve (a) transmissions more than numerous networks; and (b) alterations to conform and adapt to technical needs of connecting networks or devices. Credit card information is always encrypted throughout transfer more than networks.
You agree to not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access for the Service or any get in touch with around the web site by way of which the service is supplied, without having express written permission by us.
The headings used within this agreement are included for comfort only and can not limit or otherwise have an effect on these Terms.
SECTION three – ACCURACY, COMPLETENESS AND TIMELINESS OF Info
We are not accountable if info produced obtainable on this web site just isn’t correct, complete or current. The material on this website is provided for common information only and shouldn’t be relied upon or utilized because the sole basis for making decisions without having consulting major, a lot more precise, a lot more total or much more timely sources of information. Any reliance around the material on this site is at your very own threat.
This web site might include specific historical info. Historical information, necessarily, just isn’t current and is offered for the reference only. We reserve the right to modify the contents of this web site at any time, but we’ve got no obligation to update any data on our internet site. You agree that it truly is your duty to monitor alterations to our site.
SECTION four – MODIFICATIONS Towards the SERVICE AND Prices
Prices for our items are subject to change without having notice.
We reserve the right at any time to modify or discontinue the Service (or any element or content thereof) without having notice at any time.
We shall not be liable to you or to any third-party for any modification, cost adjust, suspension or discontinuance in the Service.
SECTION five – Goods OR Services (if applicable)
Certain products or solutions could be offered exclusively online by means of the site. These items or solutions may have limited quantities and are subject to return or exchange only based on our Return Policy.
We have produced every work to display as accurately as you possibly can the colors and images of our items that seem at the shop. We can not guarantee that your pc monitor’s display of any colour will likely be correct.
We reserve the right, but will not be obligated, to limit the sales of our items or Services to any particular person, geographic region or jurisdiction. We may possibly workout this proper on a case-by-case basis. We reserve the best to limit the quantities of any items or solutions that we offer you. All descriptions of items or product pricing are topic to adjust at anytime with out notice, in the sole discretion of us. We reserve the best to discontinue any solution at any time. Any supply for any item or service produced on this website is void where prohibited.
We usually do not warrant that the quality of any goods, services, details, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service is going to be corrected.
SECTION six – ACCURACY OF BILLING AND ACCOUNT Details
We reserve the correct to refuse any order you location with us. We might, in our sole discretion, limit or cancel quantities bought per person, per household or per order. These restrictions might include orders placed by or under exactly the same client account, precisely the same bank card, and/or orders that make use of the exact same billing and/or shipping address. Inside the event that we make a adjust to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone quantity offered at the time the order was created. We reserve the correct to limit or prohibit orders that, in our sole judgment, seem to become placed by dealers, resellers or distributors.
You agree to supply present, full and accurate obtain and account data for all purchases made at our shop. You agree to promptly update your account along with other information, such as your email address and credit card numbers and expiration dates, to ensure that we are able to complete your transactions and speak to you as needed.
For a lot more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may give you access to third-party tools over which we neither monitor nor have any manage nor input.
You acknowledge and agree that we give access to such tools ”as is” and “as available” without any warranties, representations or conditions of any sort and without having any endorsement. We shall have no liability whatsoever arising from or relating for your use of optional third-party tools.
Any use by you of optional tools supplied through the internet site is totally at your very own threat and discretion and also you need to make sure that you are familiar with and approve on the terms on which tools are offered by the relevant third-party provider(s).
We could also, inside the future, provide new solutions and/or attributes through the site (which includes, the release of new tools and sources). Such new features and/or services shall also be topic to these Terms of Service.
SECTION eight – THIRD-PARTY Links
Particular content material, merchandise and solutions offered through our Service may incorporate components from third-parties.
Third-party hyperlinks on this website may direct you to third-party internet sites which are not affiliated with us. We are not accountable for examining or evaluating the content material or accuracy and we do not warrant and can not have any liability or responsibility for any third-party supplies or sites, or for any other materials, merchandise, or services of third-parties.
We’re not liable for any harm or damages related for the buy or use of goods, services, sources, content material, or any other transactions created in connection with any third-party web sites. Please overview carefully the third-party’s policies and practices and make sure you comprehend them before you engage in any transaction. Complaints, claims, issues, or inquiries relating to third-party merchandise ought to be directed for the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK As well as other SUBMISSIONS
If, at our request, you send certain certain submissions (by way of example contest entries) or with out a request from us you send inventive tips, suggestions, proposals, plans, or other supplies, whether or not online, by e mail, 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 which you forward to us. We are and shall be beneath no obligation (1) to sustain any comments in self-confidence; (two) to pay compensation for any comments; or (3) to respond to any comments.
We may possibly, but have no obligation to, monitor, edit or get rid of content material that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual house or these Terms of Service.
You agree that your comments will not violate any appropriate of any third-party, like copyright, trademark, privacy, personality or other individual or proprietary right. You additional agree that your comments won’t include libelous or otherwise unlawful, abusive or obscene material, or include any personal computer virus or other malware that could in any way impact the operation of the Service or any connected website. You could possibly not use a false e-mail address, pretend to become an individual besides yourself, or otherwise mislead us or third-parties as towards the origin of any comments. You might be solely responsible for any comments you make and their accuracy. We take no duty and assume no liability for any comments posted by you or any third-party.
SECTION ten – Private Information
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Sometimes there might be details on our site or in the Service that includes typographical errors, inaccuracies or omissions that could relate to product descriptions, pricing, promotions, delivers, product shipping charges, transit instances and availability. We reserve the correct to right any errors, inaccuracies or omissions, and to alter or update data or cancel orders if any details in the Service or on any connected site is inaccurate at any time with no prior notice (including soon after you’ve submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any connected internet site, like with no limitation, pricing data, except as essential by law. No specified update or refresh date applied within the Service or on any related web site, must be taken to indicate that all info inside the Service or on any related web site has been modified or updated.
SECTION 12 – PROHIBITED Utilizes
Furthermore to other prohibitions as set forth in the Terms of Service, you’re prohibited from utilizing the site or its content: (a) for any unlawful goal; (b) to solicit other folks to execute or take part in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, guidelines, laws, or regional ordinances; (d) to infringe upon or violate our intellectual home rights or the intellectual property rights of other people; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate according to gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading data; (g) to upload or transmit viruses or any other kind of malicious code that may or could be utilised in any way which will have an effect on the functionality or operation on the Service or of any associated web site, other internet sites, or the world wide web; (h) to gather or track the individual info of other people; (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 safety functions from the Service or any associated website, other internet sites, or the internet. We reserve the correct to terminate your use in the Service or any connected web site for violating any on the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We don’t guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We usually do not warrant that the outcomes that may be obtained from the use on the service is going to be correct or reliable.
You agree that from time to time we may possibly get rid of the service for indefinite periods of time or cancel the service at any time, without having notice to you.
You expressly agree that your use of, or inability to work with, the service is at your sole danger. The service and all goods and solutions delivered to you by means of the service are (except as expressly stated by us) supplied ‘as is’ and ‘as available’ for your use, with no any representation, warranties or circumstances of any kind, either express or implied, such as all implied warranties or circumstances of merchantability, merchantable good quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Instance, our directors, officers, staff, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, specific, or consequential damages of any sort, including, without having limitation lost profits, lost income, lost savings, loss of data, replacement expenses, or any similar damages, no matter whether primarily based in contract, tort (such as negligence), strict liability or otherwise, arising from your use of any in the service or any merchandise procured making use of the service, or for any other claim associated in any way to your use of the service or any product, such as, but not restricted to, any errors or omissions in any content material, or any loss or damage of any sort incurred because of this on the use from the service or any content material (or item) posted, transmitted, or otherwise produced obtainable by means of the service, even if advised of their possibility. Simply because some states or jurisdictions don’t allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be restricted for the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Example and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and personnel, harmless from any claim or demand, which includes reasonable attorneys’ fees, produced by any third-party as a result of 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
Within the occasion that any provision of these Terms of Service is determined to become unlawful, void or unenforceable, such provision shall nonetheless be enforceable towards the fullest extent permitted by applicable law, as well as the unenforceable portion shall be deemed to become severed from these Terms of Service, such determination shall not have an effect on the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are powerful unless and till terminated by either you or us. You could terminate these Terms of Service at any time by notifying us which you no longer want to use our Services, or when you cease making use of our web site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of those Terms of Service, we also may possibly terminate this agreement at any time without notice and you’ll remain liable for all amounts due as much as and including the date of termination; and/or accordingly may deny you access to our Services (or any element thereof).
SECTION 17 – Complete AGREEMENT
The failure of us to exercise or enforce any correct or provision of those 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 internet site or in respect to the Service constitutes the entire agreement and understanding in between you and us and govern your use in the Service, superseding any prior or contemporaneous agreements, communications and proposals, no matter whether oral or written, among you and us (including, but not restricted to, any prior versions of the Terms of Service).
Any ambiguities inside 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 offer you Services shall be governed by and construed in accordance together with the laws of 550 Laveta Ct, Cincinnati, OH, 45215, United states of america.
SECTION 19 – Changes TO TERMS OF SERVICE
You’ll be able to assessment essentially the most present version of the Terms of Service at any time at this page.
We reserve the correct, at our sole discretion, to update, adjust or replace any portion of those Terms of Service by posting updates and adjustments to our internet site. It’s your duty to check our web site periodically for alterations. Your continued use of or access to our website or the Service following the posting of any modifications to these Terms of Service constitutes acceptance of these changes.
SECTION 20 – Speak to Info
Questions about the Terms of Service should be sent to us at Red Swallow Design.