ACCEPTANCE OF TERMS.
The “Services” to which these Terms of Service apply includes visiting the Website, making purchases through the Website, participating in any activity offered by or through the Website, and/or utilizing any information, tools and other services available from this Website. “Services” also include our products available for purchase, new features or tools as they are added to the Website, and as added shall also be subject to the Terms of Service.
YOUR USE OF THE ON-LINE STORE SERVICES INDICATES YOUR ACCEPTANCE OF THE TERMS OF THE AGREEMENT, YOUR WILLINGNESS TO BE BOUND BY THE AGREEMENT, AND THAT YOU HAVE ALL AUTHORITY AND CAPACITY NECESSARY TO ENTER INTO THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY, A GOVERNMENT ENTITY, OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF THE ENTITY WITH THE AUTHORITY TO BIND THE ENTITY TO THIS AGREEMENT, AND THAT YOU ACCEPT THE AGREEMENT ON THE ENTITY’S BEHALF. YOU ARE RESPONSIBLE FOR ENSURING THAT ALL PERSONS WHO ACCESS THE WEBSITE, INCLUDING THE ON-LINE STORE THROUGH YOUR INTERNET CONNECTION ARE AWARE OF THE AGREEMENT AND THAT THEY COMPLY WITH THEM. THIS WEBSITE IS INTENDED FOR USE BY INDIVIDUALS 18 YEARS OR OLDER. IF YOU ARE UNDER 18 YEARS OLD, YOU ARE NOT PERMITTED TO USE THE WEBSITE. A BREACH OF THE AGREEMENT WILL RESULT IN IMMEDIATE TERMINATION OF THE SERVICES.
IF YOU ARE NOT WILLING TO ACCEPT THE TERMS OF THE AGREEMENT, YOU MAY NOT USE THE WEBSITE OR THE CONTENT AND SERVICES PROVIDED ON THE WEBSITE, INCLUDING BROWSING OR MAKING PURCHASES THROUGH THE ON-LINE STORE, AND YOU SHOULD CEASE THE USE OF THE WEBSITE WITHOUT DELAY. IF THE AGREEMENT TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THE AGREEMENT.
Throughout these Terms of Service, the words “we”, “us”, and “our” refer to Shield Products. The words “you” and “your” refer to any User and, as applicable, all entities the User represents.
We reserve the right, without notice and in our sole discretion, to withdraw, update, change, or replace any part of the Agreement, the Terms of Service, and any products and/or services offered on the Website, by making such changes on our Website, effective immediately. Your continued use of or access to the Website following the making of any changes constitutes acceptance of those changes. The most current version of the Terms of Service at any time is available on this web page.
Our On-Line Store is hosted through the e-commerce platform Shopify which offers customers secure online checkout and numerous payment options.
We provide Products and Services hereunder in our sole discretion. We reserve the right to refuse purchase orders, or any part of any purchase order, for Products, and we reserve the right to refuse or limit your use and access to the Services in our sole discretion. 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.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION.
This Website may contain historical information that is not current and is provided for reference purposes only. We are not responsible if information made available on this Website is not accurate, complete, or current. The material on this Website 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 timelier sources of information. Any reliance on the material on this Website is at your own risk.
We reserve the right to modify the contents of this Website at any time, but we have no obligation to do so. You agree that you will be responsible for monitoring changes to our Website.
MODIFICATION TO THE SERVICES AND PRICES
Prices for the products sold in our On-Line Store (“Products”), product descriptions, and product availability, are subject to change without notice. We reserve the right at any time to modify or discontinue all or any part of the Products and Services, including Website content, without notice. We shall not be liable to you or to any third party for any modification, price change, unavailability, suspension or discontinuation of the Products or Services.
Our On-Line Store may have limited quantities of products available for purchase. We try to accurately display the colors and images of our products on-line but we do not that guarantee that such displays will be accurate. The Products sold in our On-Line Store are subject to our Return Policy, which is incorporated into, and made a part of, this Agreement.
Any offer for any of the Products or Services made on the Website is void where prohibited by law.
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 pertaining to the Services will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION.
We may, in our sole discretion, limit or cancel any or all quantities purchased in any order. 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 and/or telephone number provided by you at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our On-Line 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 you transactions and contact you as needed.
THIRD-PARTY LINKS AND TOOLS.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website or through the Services that contains typographical errors, inaccuracies or omissions that may relate to items such as product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right, without obligation (except as required by law), to update, amend or clarify, such information to correct any inaccuracies or omissions, and to change or update information or cancel orders if any such information is inaccurate at any time without prior notice (including after you have submitted your order).
DISCLAIMER OF WARRANTIES.
WE WILL PASS ALONG ANY MANUFACTURERS’ WARRANTIES ON THE PRODUCTS. THE WEBSITE, SERVICES AND ALL PRODUCTS DELIVERED PURSUANT TO THE AGREEMENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, AND 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, NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED.
LIMITATION OF LIABILTY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHIELD PRODUCTS AND ITS PARENT, SUBSIDIARIES AND AFFILIATES AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, AND SERVICE PROVIDERS (COLLECTIVELY, "SHIELD PRODUCTS PARTIES") WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) FOR ANY LOST PROFITS, LOST REVENUE, LOSS OF SAVINGS, LOSS OF USE, LOSS OF DATA, , REPLACEMENT COSTS, OR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU ARISING FROM OR RELATING TO THE YOUR USE OF THE WEBSITE OR ANY OF THE SERVICES OR YOUR PURCHASE AND/OR USE OF ANY PRODUCTS PROCURED USING THE WEBSITE AND/OR SERVICES, WHETHER OR NOT A SHIELD PRODUCTS PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SHIELD PRODUCTS PARTIES' CUMULATIVE LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE AND/OR SERICES AND YOUR PURCHASE OF THE PRODUCTS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO SHIELD PRODUCTS FOR THE SPECIFIC PRODUCT PURCHASE ORDER IN CONTROVERSY. EACH CLAUSE OF THIS PARAGRAPH IS SEPARATE FROM THE OTHERS AND FROM THE REMEDY LIMITATIONS AND EXCLUSIONS ELSEWHERE IN THIS AGREEMENT, AND EACH WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF A REMEDY OR TERMINATION OF THIS AGREEMENT
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.
You will indemnify, defend, and hold harmless Shield Products and the Shield Products Parties, from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees and other costs of legal defense, whether direct or indirect) arising out of or relating to any third party claim concerning (i) your breach of this Agreement, or (ii) your violation of any applicable law or the rights of a third-party.
GOVERNING LAW; JURISDICTION AND VENUE.
This Agreement and all disputes arising under or relating to this Agreement shall be governed by and construed in accordance with the law of the State of Kansas, without regard to its choice of law rules. Any action claim arising out of or relating to this Agreement must be brought in the District Court of Johnson County, Kansas (and its appellate courts) or in the U.S. District Court for the District of Kansas (and its appellate courts), and the parties hereby irrevocably consent to the exclusive jurisdiction of, and venue in, such courts.
EXCLUSION OF OTHER TERMS.
Additional or different terms or conditions proposed by you (including any additional or different terms provided in a purchase order) will be void and of no effect unless specifically accepted in writing by Shield Products.
Force Majeure. SHIELD PRODUCTS WILL NOT BE LIABLE TO YOU FOR ANY LOSS, DAMAGE, DELAY, OR FAILURE OF DELIVERY RESULTING FROM CAUSES THAT ARE BEYOND SHIELD PRODUCTS’ REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, THOSE DELAYS ARISING FROM PRODUCT MANUFACTURE AND SHIPPING (EACH, A "FORCE MAJEURE"). SHIELD PRODUCTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXLEMPLARY, OR SPECIAL DAMAGES FROM ANY FORCE MAJEURE DELAY WHATSOEVER.
In the event that any provision of this Agreement 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 this Agreement.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes. This Agreement is effective unless and until your use of the Website, Services, or your ability to purchase Products is terminated by either you or us. You may terminate this Agreement at any time by notifying us that you no longer wish to use our Website, the Services, or purchase Products, or when you cease using the Website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of this Agreement, we also can terminate your use of the Website, Services, or your ability to purchase Products, at any time without notice and you will remain liable for all amounts due up to and including the date of such termination of use (including denying you access to our Website and Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. This Agreement, and any policies or operating rules posted by us on the Website or in respect to the Products and Services constitutes the entire agreement and understanding between you and us and govern your use of the Website and Service and purchase of the Products, 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 Agreement or its component documents). Any ambiguities in the interpretation of this Agreement shall not be construed against the drafting party.
Questions about this Agreement should be sent to us at firstname.lastname@example.org