TERMS OF SERVICE

OVERVIEW

Welcome to Stonkshirts! The terms "we", "us" and "our" refer to Stonkshirts. Stonkshirts operates this store and website, including all related information, content, features, tools, products and services to provide you, the customer, with a customized shopping experience (the "Services"). Stonkshirts is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referenced herein (these "Terms of Use" or "Terms"), describe your rights and obligations when you use the Services.

Please read these Terms of Use carefully, as they contain important information about your legal rights and cover areas such as disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to comply with these Terms of Use and our Privacy Policy [LINK]. If you do not agree to these Terms of Use or this Privacy Policy, you should not use or visit our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Use, you represent that you have reached the age of majority in the state or province where you reside, and that you have given us your consent for your minor dependents to use the Services on devices that you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment and shipping information. You represent and warrant that all information you provide in our stores is accurate, current and complete, and that you have all necessary rights to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made every effort to accurately represent our products and services in our online stores. However, please note that colors or product appearance may differ from how they appear on your screen depending on the type of device you use to access the store and on your device settings and configuration.

We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to those shown or described in our online stores.

All product descriptions are subject to change at any time without prior notice, at our sole discretion. We reserve the right to discontinue selling a product at any time and may limit the quantity of any product we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. Stonkshirts reserves the right to accept or reject your order for any reason at its sole discretion. Your order is not accepted until Stonkshirts has confirmed that we have received it. We must have received and processed your payment before your order is accepted. Please check your order carefully before submitting it, as Stonkshirts may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, change or cancel an order, we will attempt to notify you using the email address, billing address and/or telephone number provided when the order was placed.

Your purchases may only be returned or exchanged in accordance with our Refund Policy [LINK].

You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts and promotions are subject to change without prior notice. The price of a product or service is the price in effect at the time of the order and is stated in your order confirmation email. Unless expressly stated otherwise, the prices listed do not include taxes, shipping, handling, customs or import fees.

Prices in our online stores may differ from prices in physical stores, online stores or other stores operated by third parties. From time to time we may offer promotions on the Services that may affect pricing and that are governed by terms and conditions that differ from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms shall prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card number and expiration date, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are authorized to use the credit card for the purchase, (iii) the charges incurred on your behalf will be paid by your credit card company, and (iv) you will pay the charges incurred on your behalf at the stated prices, including shipping and handling costs and all applicable taxes, if any.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for delays in shipping and delivery. All delivery times are estimates only and cannot be guaranteed. We are not responsible for delays caused by courier companies, customs processing or events beyond our control. When we hand over the products to the courier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, text, displays, images, graphics, product reviews, video and audio, as well as the design, selection and arrangement thereof, are owned by Stonkshirts, its affiliates or licensors and are protected by United States and foreign patent, copyright and other intellectual property laws.

These Terms permit you to use the Services only for personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Services without our prior written consent. Except as expressly stated herein, nothing in these Terms grants, or shall be construed as granting you, any license or other rights under any patent, trademark, copyright or other intellectual property belonging to Stonkshirts, Shopify or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Stonkshirts.

The Stonkshirts name, logos, product and service names, designs and slogans are trademarks of Stonkshirts or its affiliates or licensors. You may not use such trademarks without prior written permission from Stonkshirts. The Shopify name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be given access to third-party customer tools as part of the Services, which we neither monitor nor have any control or influence over.

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 the 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 the tools are provided by the relevant third-party provider(s).

We may also offer new features through the Services in the future (including the launch of new tools and resources). Such new features shall also be deemed to constitute part of the Services and shall be subject to these Terms of Use.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain material and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of third-party material or websites that you choose to visit. If you decide to leave the Services to access these materials or third-party websites, you do so at your own risk.

We are not responsible for any harm or loss related to your access to third-party websites, or your purchase or use of products, services, resources or content on third-party websites. Please carefully review third-party policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: This section describes Shopify's relationship with your store and should not be removed or modified.]

Stonkshirts is powered by Shopify, which enables us to provide the Services to you. However, all purchases and sales you make in our store are made directly with Stonkshirts. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sale between you and Stonkshirts, including any harm or loss arising from purchased products and services. You hereby release Shopify and its affiliates from any claims, damages and liability arising out of or in connection with your purchases and transactions with Stonkshirts.

SECTION 10 – PRIVACY POLICY

Any personal data we collect through the Services is subject to our Privacy Policy, which can be read here [LINK], and certain personal data may be subject to Shopify's Privacy Policy, which can be read here. By using the Services, you confirm that you have read these privacy policies.

Because the Services are provided by Shopify, Shopify collects and processes personal data about your access to and use of the Services for the purpose of providing and improving the Services for you. Information you provide to the Services will be transferred to and shared with Shopify as well as third parties who may be located in countries other than the country where you reside, for the purpose of providing services to you. Please read our Privacy Policy [LINK] for more information about how we, Shopify and our partners use your personal data.

SECTION 11 – FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, concepts, plans or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any media for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, improve and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Use.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives you have received in connection with providing Feedback; and (iii) your Feedback will comply with these terms. We have and will have no obligation to (1) treat your Feedback confidentially, (2) pay compensation for your Feedback, or (3) respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we, at our sole discretion, determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any party's intellectual property rights or these Terms of Use.

You agree that your Feedback will not infringe the rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malicious software that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate anyone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for all Feedback you provide and its accuracy. We assume no responsibility and accept no liability for Feedback posted by you or any third party.

SECTION 12 – ERRORS AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions, which may relate to product descriptions, prices, promotions, offers, product shipping costs, delivery 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 is inaccurate, without prior notice (even after you have submitted your order).

SECTION 13 – PROHIBITED USES

You may only use the Services for lawful purposes. You may not, directly or indirectly, use the Services: (a) for unlawful or harmful purposes; (b) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, threaten or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including "junk mail", "chain letters", "spam" or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone else's use of the Services, or which, in our judgment, may harm Stonkshirts, Shopify or users of the Services or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services; (c) collect or track the personal data of others; (d) send spam or engage in phishing, pharming, pretexting, spidering, crawling or scraping; or (e) interfere with or circumvent the security features of the Services or any related website, other websites or the Internet. We reserve the right to suspend, disable or terminate your account at any time, without prior notice, if we determine that you have violated any part of these terms.

SECTION 14 – TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without prior notice, and you remain responsible for all amounts due up to and including the date of termination.

The following sections shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and all other provisions that by their nature should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

The information presented on or through the Services is provided for general information purposes only. We do not warrant that this information is accurate, complete or useful. Any reliance on such information is entirely at your own risk. We disclaim all liability arising from any reliance placed on the material by you or any other visitor to the Services, or by anyone who may be informed of any of its content.

EXCEPT AS EXPRESSLY STATED BY Stonkshirts, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS OR PROMISES THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, Stonkshirts, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR ANY DAMAGE, 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 SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR CONTENT (OR PRODUCTS) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Stonkshirts, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees payable to third parties, arising out of or resulting from (1) your breach of these Terms of Use or the documents they reference, (2) your violation of laws or third-party rights, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claims, provided that failure to notify promptly does not relieve you of your obligations unless you have suffered material harm. We may control the defense and settlement of such claims at your expense, including the choice of counsel, but will not settle any claim that requires non-monetary commitments from you without your consent (which may not be unreasonably withheld). You shall cooperate in the defense of indemnifiable claims, including by providing relevant documents.

SECTION 18 – SEVERABILITY

If any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Use, without affecting the validity and enforceability of the remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use and any policies or operating rules posted by us on this website or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, prior versions of the Terms of Use).

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the party that drafted them.

SECTION 20 – ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt is void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 21 – GOVERNING LAW

These Terms of Use and any separate agreements through which we provide Services to you shall be governed by and construed in accordance with the laws applied by the federal and state or territorial courts of the jurisdiction in which Stonkshirts' head office is located. You and Stonkshirts consent to venue and personal jurisdiction in such courts.

SECTION 22 – HEADINGS

The headings in this agreement are intended for ease of reading only and do not limit or affect these terms in any way.

SECTION 23 – CHANGES TO TERMS OF USE

You can review the current version of the Terms of Use at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace parts of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services after changes to these Terms of Use have been posted constitutes your acceptance of those changes.

SECTION 24 – CONTACT INFORMATION

Questions about the Terms of Use should be sent to us via the contact form.