Terms of service
Terms of Service
OVERVIEW
This website is managed by Bits By Rowzy LLC. Throughout the site, the terms "we," "us and "our" refer to Bits By Rowzy. Offers and all information, tools, or services to you, the user, are on condition that you accept all terms, policies, and notices stated herein.
By visiting our Site and/or any items from us, you are engaging in our "Service" and you agree to be bound by the terms and conditions ("Terms of Service", "Terms and Conditions"), including those available via hyperlink. These Terms and Conditions apply to all users of the Site, without limitation to browsers, sellers, customers, resellers, merchants, and/or content creators.
Kindly read these Terms and Conditions carefully before using our Site. In doing so, you agree to be bound by these Terms and Conditions of Use. If you do not agree to any part of the terms of this Agreement, you may not visit the Site or use the Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store are also subject to the Terms of Service. We reserve the right to update, adjust or replace any part of these Terms and Conditions by posting updates and/or changes on our website. It is important for you to periodically check this page for changes. Your continued use or access to the Site following the posting of changes constitutes your acceptance of those changes.
Our store is hosted on Shopify Inc. They provide an online e-commerce platform that enables us to sell our products and services to you.
SECTION 1 - GENERAL TERMS AND CONDITIONS OF THE ONLINE STORE
By accepting these Terms of Use, you represent that you are at least the age of majority in your State or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow your minor family members to use this Site.
You may not use our products or site for any illegal or unauthorized purpose, nor may you violate any law (including, but not limited to, copyright) of your authority when using the Service.
You may not transmit worms or viruses or code of any destructive nature.
Any violation or breach of the Terms will result in immediate termination of your Services.
PART 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason and at any time.
You understand that your content (besides Credit Card Information) may be exposed without encryption and include (a) transmissions over various networks and (b) changes to adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transactions over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or misuse any portion of the Service, or access to the Service or any contact on the website through which the Service is provided without our express written permission.
The headings used in this agreement are for convenience only without limiting or affecting these Terms.
PART 3 – ACCURACY OF INFORMATION
We do not accept liability if the information on this site is not accurate or complete. The material on this website is designed for informational purposes only and should not be the sole basis for a decision without consulting more accurate, complete, or present sources of information. All reliance on the material on this site is strictly at your own risk.
This site may contain outdated historical information and is therefore for information only. We reserve the right, at any time, to change the content, suspend or discontinue the site and are under no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.
CHAPTER 4 – SERVICE AND PRICE MODIFICATIONS
Prices of products are subject to change without notice.
The Service (or any component or content thereof) may be changed or discontinued at any time without prior notice from us.
We will not be liable to you or any third party for any modifications to the service or price changes, suspensions, or discontinuations of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Some products or services could only be obtainable online via the Site. There may be a limited supply of these products or services, and they can only be exchanged or returned according to our return policy.
We have done everything possible to correctly display the colors and visuals of our professional work.
We reserve the right, but are under no obligation, to restrict the geographic scope or legal jurisdiction of where our products or services are sold. We may use this right on a case-by-case basis. We have the right to impose restrictions on the number of goods or services we provide. All product descriptions and prices are subject to change at any time without prior notice, at our sole discretion. Any offer made on this website for any product or service is void where prohibited.
We do not guarantee that any items, services, information, or other content bought will be to your expectations or that any flaws in the service will be fixed.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
Any order you place with us may be refused by us at our sole discretion. We reserve the right to restrict or revoke the number of purchases made per person, per household, or per order. These limitations may apply to orders made using the same credit card, the same billing address, the same shipping address, or orders made by or under the same customer account. We may try to reach you through email and/or the billing address/phone number supplied at the time the order was placed if we need to amend or cancel an order. Orders that appear to have been placed by dealers, resellers, or distributors, in our sole discretion, may be restricted or prohibited.
You acknowledge that for any purchases made at our store, you will supply current, complete, and accurate purchase and account information. For us to complete your transactions and get in touch with you as necessary, you agree to immediately update your account and other information, including your email address, credit card numbers, and expiration dates.
Kindly review our Returns Policy for more information.
SECTION 7 – ALTERNATIVE TOOLS
We might give you access to third-party tools that we do not monitor, control, or have any say in.
You understand and accept that we provide these tools accessible "as is" and "as available" without any guarantees, assurances, or conditions of any sort. We also do not recommend or make any claims about these tools. We will not be held responsible for anything related to or resulting from your use of optional third-party tools.
You must understand and agree to the conditions under which any optional tools given by the appropriate third-party provider(s) are provided before using any optional tools made available through the site at your own risk and discretion.
In the future, we might also launch new tools and materials as well as provide new services and/or features on the website. These Terms of Service will also apply to such new features and/or services applicable to the third-party supplier(s).
SECTION 8 - THIRD-PARTY LINKS
Materials from third parties may be included in some content, goods, and services made available through our site.
You might be taken to third-party websites through links on our website that are not connected to us. We disclaim all liability and responsibility for any errors or omissions in the content or accuracy of any third-party materials or websites, as well as for any other third-party materials, goods, or services.
Any loss or damages resulting from the acquisition or use of products, services, resources, content, or any other transactions made in conjunction with any third-party websites are not our responsibility. Before you enter any transaction, please carefully research the third party's rules and practices to ensure that you are familiar with them. Any issues, claims, worries, or inquiries regarding items from third parties should be addressed to the third party.
SECTION 9 - USER COMMENTS, SUGGESTIONS, AND OTHER SUBMISSIONS
You agree that if you send us unsolicited creative ideas, suggestions, plans, or other materials (collectively, "comments"), whether online, by email, by postal mail, or otherwise, whether at our request (for example contest entries), or without our request, we may use, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are not and never will be obligated to (1) keep any comments private; (2) compensate for any remarks; or (3) reply to any comments.
We may monitor, edit, or remove information that, in our sole opinion, is offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that infringes any party's intellectual property or these Terms of Service, but we are not required to do so.
You acknowledge that you will not post anything that infringes on anybody else's copyright, trademark, privacy, or other proprietary or personal rights. You further agree that your comments will not contain any defamatory, illegal, threatening, or otherwise objectionable content, as well as any malware that could in any way impair the functionality of the Service or any website connected to it. You may not impersonate another person, use a false email address, or otherwise mislead us or other people as to the origin of any remarks. You alone are accountable for the truthfulness of any remarks you make. Regarding any remarks made by you or any other party, we disclaim all liability.
SECTION 10 - PERSONAL INFORMATION
Our Privacy Policy applies to any personal information you submit through the store. Kindly view our privacy statement.
SECTION 11 - INACCURACIES, ERRORS, AND OMISSIONS
On rare occasions, the material on our website or in the Service may have clerical or other errors, inaccuracies, or omissions that may pertain to product descriptions, costs, special offers, promotions, transit times, and availability. We reserve the right to change or update information or cancel purchases if any information in the Service or on any affiliated website is erroneous at any time (even after you have completed your order). We also reserve the right to remedy any mistakes, inaccuracies, or omissions. Except as required by law, we make no commitment to update, modify, or clarify any information in the Service or on any associated website, including without limitation pricing information. It should not be assumed that all the information in the Service or on any connected website has been updated or amended because there is no explicit update or refresh date applied.
SECTION 12 - PROHIBITED USES
You are forbidden from using the website or its content in addition to other restrictions outlined in the Terms of Service: (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 violate our intellectual property rights or the rights of others by infringing upon them; (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 send malware that could use the Service, an associated website, other websites, or the Internet in any way that would disrupt its performance or operation, including viruses.; (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 tamper with, defeat, or otherwise interfere with the security components of the Service, any associated website, other websites, or the Internet. For breaching any of the banned uses, we retain the right to stop you from using the Service or any connected website.
SECTION 13 - LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
We do not promise, represent, or warrant your use of our service will not be uninterrupted, timely, secure, or error-free.
We do not guarantee the accuracy or dependability of any outcomes attained using the service.
You acknowledge that we reserve the right to discontinue the service at any time and without warning, or to remove it altogether.
You explicitly acknowledge that the service is used at your own risk, whether you can use it or not. Except where expressly stated by us, the service and all products and services delivered to you through the service are provided "as is" and "as available" for your use, free from any express or implied representation, warranty, or condition of any kind, including without limitation any implied warranty or condition of title, non-infringement, merchantability, or fitness for a particular purpose.
Any injury, 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 any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, shall not be made by Rowzy Bits, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors. Our liability shall be limited to the greatest extent permitted by law in those states or jurisdictions that do not allow the exclusion or the restriction of liability for consequential or incidental damages.
SECTION 14 - INDEMNITY
All users and /or members agree to insure and hold Gift Trinkets/Bits By Rowzy, our subsidiaries, affiliates, agents, employees, officers, partners, and/or licensors blameless or not liable for any claim or demand, which may include but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Gift Trinkets/Bits By Rowzy Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
SECTION 15 - SEVERABILITY
The unenforceable portion of any provision of these Terms of Service shall be deemed to be severed from these Terms of Service, and the remaining provisions shall remain valid and enforceable to the fullest extent permitted by applicable law. If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The termination of this agreement shall not affect the parties' obligations and liabilities accrued before the termination date.
Unless and until terminated by either you or us, these Terms of Service are in force. By telling us that you no longer wish to use our Services or by stopping your usage of our website, you may terminate these Terms of Service at any time.
If, in our sole discretion, you disobey any term or provision of these Terms of Service, we may, among other things, terminate this Agreement at any time without prior notice, with or without cause, and you remain liable for all amounts due up to and including the date of termination; and/or deny you access to our Services (or any portion thereof).
SECTION 17 - ENTIRE AGREEMENT
Any right or provision of these Terms of Service that we do not execute or enforce in accordance with them does not constitute a waiver of those rights or provisions.
All prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any earlier versions of the Terms of Service) are superseded by these Terms of Service, any policies or operating rules posted by us on this website or in relation to the Service, which together governs your use of the Service.
Any discrepancies in how these Terms of Service should be read should not be used against the party who drafted them.
SECTION 18 - GOVERNING LAW
In order to cooperate with the governmental requests, subpoenas, or court orders, to protect our services, or to ensure the integrity and operation of our business and services, we may access and disclose any information we consider necessary or appropriate, including and without limitation, your information, IP address, and usage history. Our right to disclose any such information is governed by the terms of our Privacy Policy.
The laws of the State of California shall govern these Terms of Service and any other agreements by which we give you Services and will be followed in their interpretation.
SECTION 19 - CHANGES TO TERMS OF SERVICE
On this page, you can always review the most recent version of the terms of service.
By publishing updates and changes to our website, we retain the right to amend, modify, or replace any portion of these Terms of Service at any time. It is your duty to often check our website for updates. Any modifications to these Terms of Service that are posted after you first use our website or use the Service indicate your acceptance of those modifications.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@rowzybits.com