Terms of service
OVERVIEW
Welcome to GridBrace Store! The terms "we," "us," and "our" refer to GridBrace Store. GridBrace Store operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a tailored shopping experience (collectively, the "Services"). GridBrace uses the Shopify service which allows us to provide the Services to you.
The Terms set forth below, together with all policies referenced herein (collectively, the "Terms of Service" or "Terms"), describe your rights and obligations when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and include, for example, warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you express your agreement to these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online stores, or purchasing any of the products or services offered, you may be asked to provide certain information, such as an email address, or billing, payment, and shipping details. You represent and warrant that all information you provide in our stores is correct, current, and complete, and that you have all necessary rights to provide it.
You are solely responsible for the security of your account login credentials and for all your activities under 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 provide the most accurate display of our products and services in our online stores. However, please note that the colors or appearance of the products may vary from how they may be displayed on your screen, due to the type of device you use to access the store and your device’s settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted in images or on our online stores.
All descriptions of products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time, and we may, on a case-by-case basis, limit the quantities of any products that we offer to any person, geographic region, or jurisdiction.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. GridBrace Store reserves the right to accept or reject your order for any reason in its sole discretion. Your order is not accepted until GridBrace Store confirms its acceptance. We must receive and process your payment before acceptance of your order. Please review your order carefully before submission, as GridBrace Store may not be able to accommodate a request for cancellation after an order has been accepted. In the event we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address and/or phone number provided at the time the order was made.
Your purchases may be returned or exchanged solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your personal or household use only, and not for resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is submitted and will be set out in your order confirmation email. Posted prices do not include taxes, shipping, handling, customs, or import fees, unless expressly stated otherwise.
Prices posted on our online stores may be different from prices offered in brick-and-mortar stores or in online or other stores operated by third parties. From time to time, we may offer promotions on the Services which may affect pricing and which are governed by terms separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our stores. 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 your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you supply is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay the charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery timelines are estimates only and are not guaranteed. We are not liable for any delays caused by carriers, customs clearance, or events outside of our control. Title and risk of loss pass to you upon our transfer of the products to the carrier.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including, but not limited to, all trademarks, branding, text, displays, images, graphics, product reviews, video, and audio, and the pattern, selection, and arrangement thereof, are owned by GridBrace Store, its affiliates, or licensors, and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must 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 explicitly stated in these Terms, nothing herein grants or shall be construed as granting any license or other rights under any patent, trademark, copyright, or other intellectual property of GridBrace Store, Shopify, or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by GridBrace Store.
The GridBrace Store name, logos, product and service names, designs, and slogans are trademarks of GridBrace Store or its affiliates or licensors. You must not use such marks without the prior written permission of GridBrace Store. 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 the trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
As part of the Services, you may be provided with access to third-party customer tools, over which we neither monitor nor have any control or 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 site 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).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be subject to these Terms of Service and deemed part of the Services.
SECTION 8 – THIRD-PARTY LINKS
The Services may include materials and hyperlinks to websites provided or operated by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you choose to leave the Services to access these third-party materials or sites, you do so at your own risk.
We are not liable for any harm or damages related to your access to third-party websites or your purchase or use of any products, services, resources, or content on 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 – RELATIONSHIP WITH SHOPIFY
GridBrace Store is hosted on the Shopify platform, which allows us to provide the Services to you. However, all sales and purchases on our store are made directly with GridBrace Store. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sale between you and GridBrace Store, including any injury, damage, or loss resulting from the purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from your purchases and transactions with GridBrace Store.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which you may view here [LINK], and some personal information may be subject to Shopify's Privacy Policy, which you may view here. By using the Services, you acknowledge that you have read these Privacy Policies.
The Services are hosted by Shopify, which collects and processes personal information about your access and use of the Services to provide and improve the Services for you. Information that you provide to the Services will be transferred to and shared with Shopify and third parties, which may be located in countries other than where you reside, to provide the Services to you. Please read our Privacy Policy [LINK] for more details on how Shopify and our partners use your personal information.
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, 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. We may exercise our rights under this license, for example, to operate, provide, evaluate, improve, enhance, and promote the Services, and to fulfill our obligations and exercise our rights under the Terms of Service.
Further, you represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting the Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback 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 Feedback will not contain libelous or otherwise unlawful, offensive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related 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 Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on 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 is inaccurate at any time without prior notice (including after you have submitted your 1order).
SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You shall not, directly or indirectly, access or use the Services: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or injure our employees or any other person; (e) to submit false or misleading information; (f) to submit, knowingly receive, upload, download, use, or re-use any material which does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including junk mail, chain letter, spam, or any other similar solicitation; (h) to impersonate or attempt to impersonate GridBrace Store, a GridBrace Store employee, another user, or any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm GridBrace Store, 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 will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) to spam, phish, pharm, pretext, spider, crawl, or scrape; 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, prohibit, or cancel your account at any time without 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 portion thereof) at any time, in our sole discretion, without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will 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 made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY PROVIDED BY GRIDBRACE STORE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTIES, REPRESENTATIONS, OR 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, AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT OR GUARANTEE 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
IN NO CASE SHALL GRIDBRACE STORE, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, NOR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR 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, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED 2TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVI3CES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless GridBrace Store, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, service providers, and licensors from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, made by any third-party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third-party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that failure to promptly notify you does not relieve you of your obligations, unless you are materially prejudiced thereby. We may control the defense and settlement of such claim at your cost, including choice of counsel, but will not settle any claim that requires non-monetary obligations from you without your consent (which must not be unreasonably withheld). You will cooperate in defending indemnified claims, including providing relevant documents.
SECTION 18 – SEVERABILITY
In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service 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 of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
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 will be 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 Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where GridBrace Store is located. Both you and GridBrace Store consent to the venue and personal jurisdiction of those courts.
SECTION 22 – HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service 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 those changes will become effective on the date stated in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@gridbrace.store.