This website is operated by DIGITWACE LLC . Throughout the site, the terms « we », « us » and « our » refer to DIGITWACE LLC . DIGITWACE LLC provides 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 this site and/or purchasing any of our products, you are engaging in our « Service » and agreeing to be bound by the following terms and conditions (« Terms and Conditions », « Terms and Conditions », « Terms »), including any additional terms, conditions and policies referenced here and/or hyperlinked. These Terms and Conditions apply to all users of this site, including, but not limited to, users who browse the site, who are sellers, customers, merchants, and/or content contributors.
Please read these Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions of Sale and Use. If you do not agree to all of the terms and conditions of this agreement, then you must not access the website or use the services offered on it. If these Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these Terms and Conditions of Sale and Use.
All new features and tools that are added to this shop in the future will also be subject to these Terms of Sale and Use. You can view the most current version of the Terms of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions of Sale and Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.
Our shop is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.
ARTICLE 1 – TERMS AND CONDITIONS OF USE OF OUR ONLINE SHOP
By accepting these Terms and Conditions of Sale and Use, you represent that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor in your care to use this website.
Use of our products for any illegal or unauthorised purpose is prohibited, nor shall you, in the course of using the Service, violate the laws of your jurisdiction (including but not limited to copyright laws).
You shall not transmit any worms, viruses or other code of a destructive nature.
Any breach or violation of these Terms and Conditions will result in immediate termination of your Services.
ARTICLE 2 – GENERAL CONDITIONS
We reserve the right to deny access to the Services to any person at any time, for any reason.
You understand that your content (excluding your credit card information) may be transferred in an unencrypted manner, and this involves (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service or use of the Service, or any access to the Service or contact on the website, through which the Service is provided, without prior express written permission from us.
The headings used in this agreement are included for your convenience, and will not limit or affect these Terms.
ARTICLE 3 – ACCURACY, ACCURACY AND CURRENCY OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete or up-to-date. The content of this site is provided for informational purposes only and should not be your sole source of information for making decisions without first consulting more accurate, complete and up-to-date sources of information. If you decide to rely on the content presented on this site, you do so at your own risk.
This site may contain information that is not accurate, complete or current.
This site may contain certain prior information. This past information, by its nature, is not current and is provided for information purposes only. We reserve the right to change the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.
ARTICLE 4 – CHANGES TO SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (and any part or content of the Service) without notice at any time.
We will not be liable to you or any third party for any price changes, suspension or discontinuance of the Service.
ARTICLE 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be exclusively available online on our website. These products or services may be available in limited quantities and may only be subject to returns or exchanges in accordance with our Returns Policy.
We have done our best to display as clearly as possible the colours and images of our products that appear on our shop. We cannot guarantee that your computer monitor’s display of colours will be accurate.
We reserve the right to make changes to our products at any time.
We reserve the right, but are not obligated, to limit sales of our products or services to any person, and in any geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and product prices are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue offering any product at any time. Any service or product offer made on this site is void where prohibited by law.
We do not warrant that the quality of any products, services, information, or other merchandise obtained or purchased by you will meet your expectations, or that any errors in the Service will be corrected.
ARTICLE 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, reduce or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or from 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 change an order or cancel an order, we may attempt to notify you by contacting you at the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, may appear to be from merchants, resellers or distributors.
You agree to provide current, complete and accurate order and account information for all orders placed on our shop. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we may complete your transactions and contact you as necessary.
For more details, please see our Return Policy.
ARTICLE 7 – OPTIONAL TOOLS
We may provide you with access to third party tools over which we have no monitoring, control or influence.
You acknowledge and agree that we have no control over these tools.
You acknowledge and agree that we provide access to such tools on an « as is » and « as available » basis, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no legal liability arising out of or related to the use of such optional third party tools.
If you use the optional third party tools, you agree that we shall not be liable to you for any loss or damage arising from the use of such tools.
If you use any optional tools offered on the Site, you do so at your own risk and discretion, and you should consult the terms and conditions on which such tools are offered by the relevant third party provider(s).
We may also, in the future, offer new services and/or features on our site (including new tools and resources). These new features and services will also be subject to these Terms and Conditions of Sale and Use.
We may also, in the future, offer new services and/or features on our site (including new tools and resources).
ARTICLE 8 – THIRD PARTY LINKS
Some content, products and services available through our Service may include material from third parties.
Third party links on this site may redirect you to third party websites that are not affiliated with us. We are not required to review or evaluate the content or accuracy of these sites, and we do not warrant or assume any responsibility for any content, website, product, service, or other item accessible on or from these third-party sites.
We are not responsible for the content or accuracy of these sites.
We are not responsible for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transactions conducted in connection with these third-party websites. Please read the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding these third party products should be submitted to these same third parties.
The third parties are not responsible for the content of their websites.
ARTICLE 9 – COMMENTAIRES, SUGGESTIONS ET AUTRES PROPOSITIONS D’UTILISATEURS
If, at our request, you submit specific content (e.g., to enter contests), or if, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by mail, or otherwise (collectively, « Comments »), you grant us the right, at any time, and without limitation, to edit, copy, publish, distribute, translate, and otherwise use in any media any Comments you send us. We are not and shall not be obligated to (1) maintain the confidentiality of any comments; (2) pay compensation to anyone for any comments provided; or (3) respond to comments.
We may, but have no obligation to, monitor, edit or remove content that we believe, in our sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these Terms and Conditions.
You agree to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. You also agree that your comments will not contain any unlawful, libelous, defamatory, offensive or obscene material, nor will they contain computer viruses or other malicious software that could in any way affect the operation of the Service or any associated website. You may not use a false email address, pretend to be someone you are not, or attempt to mislead us and/or third parties as to the origin of your comments. You are entirely responsible for all comments you post and their accuracy. We take no responsibility and assume no liability for any comments you post or that any other third party posts.
ARTICLE 10 – PERSONAL INFORMATION
Please note that this is not a legal document.
ARTICLE 11 – ERRORS, INEXACTITUDES AND OMISSIONS
There may be times when information on our site or in the Service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders, if any information on the Service or any associated website is inaccurate, at any time without notice (including after you have placed your order).
We are under no obligation to update, modify or clarify any information in the Service or on any associated website, including but not limited to pricing information, except as required by law. No defined update or refresh date in the Service or any associated website should be taken as a basis for concluding that the information in the Service or any associated website has been changed or updated.
The Service is not intended to be a substitute for the information in the Service.
ARTICLE 12 – PROHIBITED USES
In addition to the prohibitions set forth in the Terms and Conditions of Sale and Use, you are prohibited from using the Site or its content: (a) for illegal purposes; (b) to induce others to perform or participate in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial, or state law, rule, or regulation; (d) to infringe or violate our intellectual property rights or the intellectual property rights of third parties; (e) harass, abuse, insult, hurt, defame, slander, libel, disparage, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnic origin, race, age, national origin, or disability; (f) submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used to compromise the functionality or operation of the Service or any associated, independent, or Internet web site; (h) to collect or track the personal information of others; (i) to spam, phish, hijack, extort information, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to interfere with or circumvent security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating the prohibited uses.
ARTICLE 13 – EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
We make no warranty or representation that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant or represent 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 through the use of the Service will be accurate or reliable.
You agree that from time to time we may discontinue the Service for indefinite periods of time or cancel the Service at any time, without prior 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 provided to you through the Service are (unless otherwise expressly stated by us) provided on an « as is » and « as available » basis for your use without representation, warranty or condition of any kind, either express or implied, including any implied warranties of merchantability or quality merchantability, fitness for a particular purpose, durability, title and non-infringement.
DIGITWACE LLC , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors shall in no event be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, revenue, savings, data, replacement costs, or similar damages, whether in contract, tort (including negligence), strict liability, or otherwise, arising out of or in connection with the use of this website, in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any service or product from the Service, or for any other claim relating 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 through the Service, even if you have been advised of the possibility of such claims arising. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
Some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages.
ARTICLE 14 – INDEMNIFICATION
You agree to indemnify, defend and protect DIGITWACE LLC, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, 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 and Conditions of Sale and Use or the documents referenced therein, or your violation of any law or the rights of any third party.
ARTICLE 15 – DISSOCIABILITY
In the event that any provision of these Terms and Conditions of Sale and Use is held to be unlawful, void or unenforceable, such provision shall nevertheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions of Sale and Use, such severance not to affect the validity and enforceability of any remaining provisions.
ARTICLE 16 – TERMINATION
The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this agreement for all purposes.
These Terms of Sale and Use are effective unless and until terminated by either you or not. You may terminate these Terms of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you cease to use our site.
If we deem it necessary to terminate these Terms of Sale and Use at any time, we will provide you with a notice of termination.
If we determine, in our sole discretion, that you are failing, or if we suspect that you have been unable to comply with the terms of these Terms of Sale and Use, we may also terminate this agreement at any time without notice to you and you will remain liable for all sums due up to (and including) the date of termination, and/or we may deny you access to our Services (or any part of them).
ARTICLE 17 – COMPLETENESS OF THE AGREEMENT
Any failure by us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California.
These Terms and Conditions of Sale and Use or any other operating policies or rules we post on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, and supersede all prior and contemporaneous communications, proposals, and agreements, oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions of Sale and Use).
Any ambiguity as to the interpretation of these Terms of Sale and Use shall not be construed to the detriment of the drafting party.
ARTICLE 18 – APPLICABLE LAW
These Terms and Conditions of Sale and Use, as well as any separate agreements through which we provide Services to you, shall be governed by and construed in accordance with the laws in force in COMPANY POSTAL ADDRESS.
ARTICLE 19 – CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE
You may review the most current version of the Terms and Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Sale and Use by posting updates and changes on our site. It is your responsibility to visit our site periodically to check for changes. Your continued use of or access to our site following the posting of any changes to these Terms and Conditions of Sale and Use constitutes acceptance of those changes.
The Terms and Conditions of Sale and Use are subject to change without notice.
ARTICLE 20 – CONTACT INFORMATION
Questions regarding the Terms and Conditions of Sale and Use should be sent to us at email@example.com, DigitWace LLC , 444 Alaska Avenue Suite #BCW055 Torrance, CA 90503 USA.