[NOTE: THIS IS A FORM TERMS OF SERVICE THAT NEEDS TO BE MODIFIED FOR EACH WEBSITE THAT IT PUT ON. PLEASE UPDATE EACH [BRACKETED AND HIGHLIGHTED] SECTION
[NOTE: There should be a checkbox that links to these terms in the checkout process when a product is purchased through the website that specifies that the user agrees to the terms (which can be referenced by a hyperlink, or by presenting the terms and requring the user to scroll through them).
OVERVIEW
This website, [crowdershop.com], and other associated websites or merchandise stores that are part of the website or linked to the website (collectively, the “Website”) is operated by [Louder with Crowder]. Throughout the Website, the terms “we”, “us” and “our” refer to [Louder with Crowder] and any agents of Louder with Crowder who may operate the Website on [Louder with Crowder’s] behalf. We offer this Website, including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Website or purchasing something from us, you engage in our services (the “Services”) and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink (“Terms”). These Terms apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, or contributors of content. Please read these Terms carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of these Terms, then you may not access the Website or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current store shall also be subject to the Terms.
Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products (the “Products”) to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence.
You represent and warrant that (1) you are at least 18 years of age; (2) you have full power and authority to agree to these Terms; (3) you are not located in, under the control of, or a national or resident of any country subject to sanctions by the United States; (4) you have not been placed on the U.S. Department of Commerce’s Denied Persons List; (5) you are not identified as a “Specially Designated National” by the United States government; and (6) you will not access the Website if you have previously been prohibited from doing so or if any laws prohibit you from doing so.
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 Payment 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. Our Website is designed to encrypt Payment Card information during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the Website through which the Services are 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 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 more timely sources of information. Any reliance on the material on this Website is at your own risk.
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify or remove the contents of this Website, or remove the Website entirely, at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
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 Services (or any part or content thereof) or Products without notice at any time and in our sole discretion.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services or Products.
SECTION 5 - PRODUCTS OR SERVICES
Types of Sales
We accept orders for Products through the Website. You may place your order on our Website at any time (subject to any planned or unplanned periodic downtime). You must pay for the Products online at the time you place the order. We will send you a proof of purchase of the Product to the email address you provide. In addition, we will provide the proof of purchase information on the Website after the purchase transaction is complete, so that you may print the information at the time you complete the order if desired.
Payment Methods
We allow you to make your purchases using any of the payment methods described below. Please read carefully our policies with respect to payment methods before you place your order. You may pay by credit, debit, or check card (each a “Payment Card”). When you provide us with your Payment Card information, we will obtain a pre-approval from the Payment Card company for the amount of the order, which may result in a corresponding block on your available credit while the pre-approval remains in place. We may bill or process a transaction on your Payment Card immediately when you place an order.
We accept major Payment Card brands. Certain Payment Cards (e.g., debit cards and check cards) have daily spending limits that may substantially delay the processing of your order. The Website may require the Payment Card security code of your Payment Card for any online purchase to protect against the unauthorized use of your credit card by other persons. The security code is an individual three or four digit number specific to your card that may be printed on the face of your card above the embossed account number (if American Express), or on the back of your card, on the signature panel (if Visa or MasterCard). You represent and warrant that you have the right and are authorized to use the Payment Card you present to purchase Products and that the billing and related information you provide is accurate and truthful. If for any reason you have not authorized charges to be made to your Payment Card, or your Payment Card issuer does not pay us for charges, we reserve the right to reject your order..
Pricing, Taxes, Pricing Errors
Prices offered on the Website are quoted in U.S. Dollars. Such prices do not include sales taxes where applicable. You are responsible for any state and local sales or use taxes that may apply to your order, which may be added to your total invoice price during the checkout process. If the amount you pay for an item is incorrect, regardless of whether it is an error in a price posted on this Website or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid, regardless of how the error occurred.
We attempt to describe and display the items offered on the Website as accurately as possible; however, we do not warrant that the descriptions or other content on the Website are accurate, complete, reliable, current or error-free. After the manufacturer's warranty period has expired for any Product, the sale of such Product becomes final and no returns or exchanges are allowed. Certain Products or Services may be available exclusively online through the Website. Products or Services may have limited quantities. All Products subject to return or exchange only according to our Return Policy, located at [https://louder-with-crowder.mybigcommerce.com/pages/return-policy] .
We have made reasonable efforts 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.
Payment Disputes
If you dispute any charge for purchases of Products on the Website, you must notify us in writing within sixty (60) days of any such charge. Failure to so notify us shall result in the waiver by you of any claim relating to such disputed charge. Charges shall be calculated solely based on records we maintain.
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 any time without notice, at the our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product or Service made available on this Website is void where prohibited by the laws of your jurisdiction, including any materials or that may not be lawful for your access or purchase.
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 Payment Card, or orders that use the same billing 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, billing address, or 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 Payment 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 Website 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). You further agree to be bound by any terms of use under which such tools are provided by 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 tools. 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 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Services may include materials from third-parties.
Third-party links on this Website 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 you send any submissions (including, but not limited to contest entries creative ideas, suggestions, proposals, plans, or other materials, whether solicited or unsolicited, by way of e-mail, online submission, 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. You hereby grant us an irrevocable, worldwide, royalty-free license to any Comments you submit for our use in improving our Products, Services, and Websites or any other use without any compensation or attribution to you.
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. You may contact us as set forth in Section 22 to notify us of any infringing content that requires our attention.
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 Services or the 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
Questions about how we collect, processes and uses the information you submit to us in order to provide our Services or sell our Products and confirm compliance with applicable laws in respect of your transaction is addressed our Privacy Policy, located [HERE]. You hereby consent to all actions we take consistent with our Privacy Policy with respect to all information you provide to this Website.
SECTION 11 –; ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website or in the Services 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 Services 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 Services or on any related Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related Website, should be taken to indicate that all information in the Services 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, you are prohibited from using the Website 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 Services 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 Services or any related website, other websites, or the Internet; (k) for any unauthorized, fraudulent, or malicious purpose, (l) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose us or them to liability, (m) use the Website in any manner that could disable, overburden, damage, or impair the Website, (n) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website, (o) to access systems, data or information not intended by us to be made accessible to a user, (p) to obtain or attempt to obtain any materials or information through any means not intentionally made available by us; or (q) to use the Website for any use other than the purpose for which it was intended. For example, you will not use the Website in connection with money laundering or the financing of terrorism. We reserve the right to terminate your use of the Services or the 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 Services, our Products or the Website will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Services, our Products, or the Website will be accurate or reliable.
You agree that from time to time we may remove the Services or the Website for indefinite periods of time or cancel the Services or the Website at any time, without notice to you.
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 Services will be corrected.
Limited Warranty and Warranty Disclaimer
THE PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCTS, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT AND ACCURACY. WE DO NOT WARRANTY THAT OPERATION OF THE SERVICES OR PRODUCTS WILL BE ERROR-FREE OR THAT THE PRODUCTS OR SERVICES WILL IN EVERY CASE PERFORM AS DESCRIBED ON THE WEBSITE.
You expressly agree that your use of, or inability to use, the Services or the Products is at your sole risk.
Limitation of Liability
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL (A) WE, OUR AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS, SERVICES OR YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, PRODUCTS LIABILITY OR OTHERWISE, RELATING TO THE PRODUCTS OR SERVICES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) OUR TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS OR SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE PURCHASE PRICE PAID BY YOU TO US, OUR SUBSIDIARIES OR OUR AFFILIATES FOR THE PRODUCTS OR SERVICES. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. WE DISCLAIM ALL LIABILITY OF ANY KIND OF OUR SUPPLIERS.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE PRODUCTS, OUR SERVICES, OR THE WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless us 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 arising out of (i) your use of the Website or breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party; or (ii) any Products purchased through our Website, including, without limitation, for any causes of action arising from your misuse of the Products.
SECTION 15 - FORCE MAJEURE
Except for monetary obligations hereunder, neither party shall be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of such party or its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.
SECTION 16 - Export Control
You may not use or otherwise export or re-export the Products purchased via the Website except as authorized by the laws of the jurisdiction in which the Products were obtained. In particular, but without limitation, the Products may not be exported or re-exported in violation of export laws, including if applicable export or re-export into any US-embargoed countries or to anyone on the US Treasury Department’s list of Specially Designated Nationals or the US Department of Commerce Denied Person’s List or Entity List. By using the Website, you represent that you are not located in any country or on any list where the provision of Product/Service to you would violate applicable law. You also agree that you will not use Products for any purposes prohibited by applicable law.
SECTION 17 - SEVERABILITY
In the event that any provision of these Terms 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, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 - 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 are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, provided you cease ordering our Products or using our Website and Services.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, 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 accordingly may deny you access to our Products, Services or Website (or any part thereof).
SECTION 19 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this Website or in respect to the Services 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).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 20 - GOVERNING LAW; DISPUTE RESOLUTION
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of [Texas]. All parts of these Terms apply to the maximum extent permitted by law. Both parties agree that if either party cannot enforce a portion of these Terms as written, then that portion will be replaced with terms that most closely match the intent of the portion that cannot be enforced to the extent permitted by law. The invalidity of part of these Terms will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect. Except as otherwise prohibited by law, any claim or dispute must be brought within one year from the date such cause of action arises.
YOU WILL SUBMIT ANY DISPUTES ARISING FROM THE USE OF THESE TERMS, THE PRODUCTS, OF USE OR THE WEBSITE, INCLUDING DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, TO FINAL AND BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING CALIFORNIA LAW. YOU AGREE TO ARBITRATE IN YOUR INDIVIDUAL CAPACITY ONLY – NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS – AND YOU EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS ACTION BASIS. FURTHERMORE, UNLESS YOU AND COMPANY AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OF CLASS PROCEEDING. ALL ARBITRATION PROCEEDINGS ARE CONFIDENTIAL, UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE. ARBITRATION ORDERS AND AWARDS REQUIRED TO BE FILED WITH APPLICABLE COURTS OF COMPETENT JURISDICTION ARE NOT CONFIDENTIAL AND MAY BE DISCLOSED BY THE PARTIES TO SUCH COURTS. A PARTY WHO IMPROPERLY DISCLOSES CONFIDENTIAL INFORMATION WILL BE SUBJECT TO SANCTIONS. THE ARBITRATOR AND FORUM MAY DISCLOSE CASE FILINGS, CASE DISPOSITIONS, AND OTHER CASE INFORMATION AS REQUIRED BY A COURT ORDER OF PROPER JURISDICTION.
SECTION 21 - CHANGES TO TERMS OF SERVICE; ASSIGNMENT
You can review the most current version of the Terms at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to the Website. It is your responsibility to check the Website periodically for changes. Your continued use of or access to the Website or the Services following the posting of any changes to these Terms constitutes acceptance of those changes.
Any rights or obligations hereunder may not be transferred or assigned by you without our prior written consent. We may freely assign and delegate any of its rights or obligations hereunder.
SECTION 22 - CONTACT INFORMATION
Questions about the Terms should be sent to us at [hello@crowdershop.com]
[Louder with Crowder is owned by Louder with Crowder LLC.]
