Terms of service

TERMS OF SERVICE

 

Effective: November 06, 2024

 

Introduction.

 

This website is owned-and-operated by TwistaProducts, LLC (the “Company”), an Alabama Limited Liability Company. The Company offers this website to you, including, all data, information, products, and services available on this website subject to your acceptance of the terms and conditions set forth in these Terms of Service (collectively, these “Terms”); and your access and use of this website constitutes an acknowledgment and agreement by you of these Terms. These Terms are a contract that is legally binding between the Company and you.

 

Please carefully read these Terms, together with all policies and other terms incorporated into these Terms by reference in deciding whether to access and use this website. If you do not agree to these Terms, you cannot access or use this website. If these Terms are considered an offer to you, your acceptance is expressly limited to acceptance of these Terms. 

 

THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND DISCLAIMERS OF LIABILITY FROM THE COMPANY.

 

Accessing and Using this Website.

 

By accessing and using this website, you represent and warrant to the Company you are at least the age of majority in your state of residence. You also agree to access and to use this website in accordance with all applicable laws, ordinances, regulations, and rules. Any breach of these Terms by you may result in the immediate termination of your access to this website. 

 

Hosting of this Website.

 

This website is hosted on Shopify Inc. Shopify Inc. provides the Company with the e-commerce and online platform that allows the Company to offer for sale, and to sell, its products and services to you.

 

Ownership of Comments, Feedback, and Suggestions.

 

You acknowledge and agree all comments, feedback, and suggestions provided by you to the Company, including, on this website, shall be exclusively owned by the Company. This includes, but shall not be limited to, all comments, feedback, and suggestions provided by you with respect to the Company’s products or services, and this website. The Company has no obligation to maintain your comments, feedback, or suggestions in confidence and no obligation to pay you for the same. The decision whether to respond to your comments, feedback, and suggestions is entirely within the discretion of the Company. You agree your comments, feedback, and suggestions do not infringe upon, misappropriate, or violate the intellectual property rights of another party. The Company shall have the right to distribute, edit, exploit for commercial gain, share, translate, and use your comments, feedback, and suggestions for any purpose whatsoever. If your comments, feedback, or suggestions result in any enhancements or improvements to the Company’s products or services, or to this website, you shall have no ownership rights, titles, or interests with respect to those enhancements or improvements. You assign, convey, and transfer to the Company any and all such rights, titles, and interests in agreeing to these Terms.

Orders.

The Company reserves the right to cancel or refuse any order placed on this website. You agree to provide accurate and complete contact information for all orders placed from the Company on this website. You also agree to provide accurate and complete billing information and shipping information for all orders placed from the Company on this website.

 

Products and Services.

 

The products and services offered to you on this website are “AS IS” and without warranty. Certain products and services may be available exclusively on this website. The Company reserves the right to discontinue any and all products or services offered on this website, at any time, within the absolute and sole discretion of the Company. The Company may change the products and services offered to on this website from time-to-time, including, but not limited to, the color, description, quantity, and size of the products or services. The Company reserves the right to change the pricing and to limit the purchase and sale of the products from time-to-time. This right may be exercised by the Company on a case-by-case basis.   

 

Risk of Loss; Shipping.

 

You bear the entire risk of damage or loss for all products ordered on this website from their point-of-shipment. You are responsible for paying all costs associated with shipping the product(s) to you.

 

Taxes.

 

You are responsible for the payment of any and all taxes assessed or imposed on your purchase and sale of products or services from this website.

 

Prohibited Uses of this Website.

 

You are expressly prohibited from using this website (including, the contents on this website): (a) for any illegal or unlawful purpose; (b) for any immoral or obscene purpose; (c) to abuse, defame, discriminate, disparage, harass, harm, intimidate, insult, or slander anyone, including, but not limited to, being expressly prohibited from discriminating against anyone based on their age, disability, ethnicity, gender, national origin, race, religion, or sexual orientation; (d) to collect, harvest, or track the personal information of others; (e) to infringe upon, misappropriate, or violate the intellectual property rights of the Company or any other party; (f) to interfere with or circumvent the security features of the Company or this website; (g) to solicit others to participate in or to perform any illegal or unlawful act; (h) to spam or phish; (i) to submit false or misleading information; (j) to transmit a virus or malicious code of any kind or nature whatsoever; (k) to violate any law, ordinance, regulation, or rule. The Company reserves the right to deny your access and to terminate your use of this website for violating these Terms, or if in the opinion of the Company, there is a reasonable belief or suspicion you are violating or that you intend to violate these Terms.

 

Third-Party Information and Links.

 

Certain content and information published on this website may be from third-parties. The Company makes no representation or warranty as to the accuracy, completeness, fitness for a particular purpose, or title of content or information from third-parties. The Company has no obligation or responsibility to you to investigate or review that content and information prior to publication of the same on this website. Certain links on this website may direct you to third-party websites. You acknowledge and agree those third-party websites are not affiliated with the Company. The Company has no obligation or responsibility to you to evaluate or examine third-party websites. You access and use third-party websites at your own risk. The Company is not liable or responsible to you for any damage, harm, injury, or loss of any kind or nature whatsoever that results from your access and use of a third-party website. You are responsible for reviewing the policies, terms, and conditions applicable to your access and use of third-party websites.

 

Company’s IP.

 

You acknowledge and agree: (a) all intellectual property contained on this website and relating to the Company or its products and services is owned by the Company or its licensors (collectively, the “Company IP”); and (b) neither these Terms nor your use of this websites assigns, conveys, or transfers to you any ownership right, title, or interest in-or-to the Company IP. Company IP includes, but without limitation, all existing and future copyrights, designs, developments, logos, names, patents, trade dress, trademarks and trade names of the Company or its products and services, together with any brands and other products of the Company. If any ownership right, title, or interest in-or-to Company IP vests in you for any reason, you assign, convey, and transfer to the Company all such rights, titles, and interests in these Terms. The assignment in the preceding sentence shall be self-operative; provided, that, you agree to execute in favor of the Company and to deliver to the Company all documents and other instruments that are requested by Company in order to evidence or further effectuate the assignment in the preceding sentence.

 

No Accuracy, Completeness, or Timeliness.

 

In addition to the other disclaimers in these Terms, the Company is not responsible for the accuracy or completeness of the information on this website. The Company is not responsible for ensuring the information on this website is current or up-to-date. This website may contain historical information, which is not current, and which is only provided for your reference. If you rely on any of the information on this website, you do so at your own risk.

 

Privacy Policy.

 

Your contact and other personal information collected, shared, or used on this website is governed by the Company’s Privacy Policy. The Company’s Privacy Policy can be found using the following hyperlink: Privacy Policy. The Company reserves the right to amend and modify the Company’s Privacy Notice from time-to-time, within the absolute and sole discretion of the Company, without your consent and without prior notice to you.

 

California Residents.

 

If you are a resident of the State of California, your contact and other personal information is governed by the Company’s Privacy Notice for California Residents. The Company’s Privacy Notice for California Residents can be found using the following hyperlink: Privacy Policy. The Company reserves the right to amend and modify the California Privacy Notice for California Residents from time-to-time, within the absolute and sole discretion of the Company, without your consent and without prior notice to you.

 

Disclaimer of Representations and Warranties.

 

THE COMPANY MAKES NO REPRESENTATION AND OFFERS NO WARRANTY OF ANY KIND OR NATURE WHATSOEVER REGARDING THIS WEBSITE OR THESE TERMS. THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, AND INCLUDING, BUT NOT LIMITED TO, NO WARRANTY OF COURSE DEALING, NO WARRANTY OF FITNESS FOR A PARTICULAR USE, AND NO WARRANTY OF MERCHANTABILITY. THIS WEBSITE IS PROVIDED TO YOU IN “AS IS”, “HOW IS” AND “WITH ALL FAULTS” CONDITION. THE COMPANY MAKES NO REPRESENTATION AND OFFERS NO WARRANTY THIS WEBSITE WILL BE DISRUPTION OR ERROR-FREE.

 

YOU ACKNOWLEDGE AND AGREE YOUR ABILITY TO ACCESS AND USE THIS WEBSITE MAY DEPEND ON YOUR DEVICE’S ABILITY TO CONNECT TO THE INTERNET, WHETHER VIA A CELLULAR NETWORK, WIFI, OR OTHERWISE. YOU ACKNOWLEDGE AND AGREE YOUR DEVICE’S ABILITY TO CONNECT TO THE INTERNET IS NOT WITHIN THE CONTROL OF THE COMPANY, AND THAT THE COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR YOUR INABILITY TO CONNECT TO THE INTERNET IN ORDER TO ACCESS AND USE THIS WEBSITE.

 

Indemnification.

 

By accessing and using this website, you agree to defend (with counsel acceptable to the Company), to indemnify, and to hold harmless the Company and each of its affiliates, managers, members, successors-and-assigns, and each of their agents, attorneys, directors, employees, and officers (collectively, the “Company Parties” and each, an “Indemnified Party”) from and against any and all causes of action, claims, costs, damages, deaths, expenses (including, but without limitation, actual attorneys’ fees and court costs), injuries, illnesses, judgments, lawsuits, liabilities, losses, penalties and/or settlements of any kind or nature arising out of, relating to, or resulting from, whether alleged or proven: (i) any act or omission of you; (ii) any breach of these Terms by you; (iii) any defamatory, fraudulent, inaccurate, misleading or untruthful statement; (iv) the transmission by you of any dangerous, illegal, or otherwise harmful content or material to the Company through this website, including, but without limitation, any ransomware, trojan horse, virus, or worm; (v) the violation of any intellectual property rights of a third-party by you; and/or (vi) the violation of any applicable law, ordinance, regulation, or rule by you (each, an “Indemnified Claim”). An Indemnified Party shall have the absolute and sole right to control and to direct the defense of any Indemnified Claim, which shall be defended at the sole cost and expense of you. You shall not compromise, resolve, or settle an Indemnified Claim without the prior written consent of an Indemnified Party, which may be conditioned or withheld in an Indemnified Party’s absolute and sole discretion. 

  

Limitation of Liability.

 

BY ACCESSING AND USING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, UNDER ANY CIRCUMSTANCE OR LEGAL THEORY AND REGARDLESS OF THE CAUSE OF SUCH DAMAGES, EVEN IF SUCH WERE FORESEEABLE OR IF THE POSSIBILITY OF SUCH DAMAGES WAS MADE KNOWN TO THE COMPANY IN ADVANCE BY YOU.

 

Amendments.

 

These Terms shall not be amended or modified by you unless the amendment or modification is in writing and that writing is countersigned by an authorized representative of the Company. These Terms may be amended or modified by the Company from time-to-time, within the absolute and sole discretion of the Company, without your consent and without prior notice to you. Any amendment or modification to these Terms by the Company shall be published on this website and shall be effective as of the date of their publication on this website. 

 

Entire Agreement.

These Terms are and represent the entire agreement between the Company and you regarding the subject matter of these Terms. No other agreement, whether in writing or verbal, between the Company and you regarding the subject matter of these Terms is binding, enforceable, or valid. These Terms replace and supersede all prior agreements between the Company and you regarding the subject matter of these Terms.

 

Governing Law and Jurisdiction.

 

These Terms shall be governed by the laws of the State of Alabama, but without regard for the choice of law or conflict of laws principles of the State of Alabama. By accessing and using this website, you irrevocably consent to the personal jurisdiction of the state courts located in the State of Alabama. You agree the federal and state courts located in the State of Alabama shall have exclusive jurisdiction over any claim, controversy, dispute, litigation, or other proceeding between the Company and you; and exclusive jurisdiction over any claim, controversy, dispute, litigation, or other proceeding arising out of, relating to, or resulting from these Terms. Notwithstanding the foregoing nor anything else in these Terms to the contrary, the Company may bring a claim and institute litigation against you in any jurisdiction deemed necessary by the Company to protect the rights and interests of the Company. You 

 

No Class Action.

 

By accessing and using this website, you agree any claim, controversy, dispute, litigation, or other proceeding that you have or may have against any of the Company Parties shall be resolved on an individual basis without resort to any form of class action. By accessing and using this website, you fully waive your right to participate in and to pursue any form of class action against the Company Parties.

 

No Joint Venture or Partnership.

 

The Company and you are not in a joint venture or a partnership. You are not an agent or employee of the Company as a result of these Terms, or your access or use of this website.

 

No Waiver.

 

The delay or failure of the Company to enforce any provision(s) of these Terms, or to respond to a breach or other violation of these Terms by you, shall not constitute a waiver of the Company’s right to enforce these Terms or to seek a remedy for that breach or violation; nor shall such prohibit or restrict the Company from insisting upon strict performance by you of these Terms in the future.

 

OFAC Compliance.

 

By accessing and using this website, you represent and warrant to the Company you are not a blocked or restricted person under any executive order, including, but without limitation, that certain Executive Order Blocking Property and Prohibiting Transactions with Persons who Commit, Threaten to Commit or Support Terrorism from September 24, 2001, or under any regulation or rule from the Office of Foreign Asset Control (“OFAC”) within the United States Department of Treasury, including, but without limitation, not being a person named on OFAC’s Specially Designated and Blocked Persons List.

 

Severability.

If any provision(s) of these Terms is (are) determined or held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, such provision(s) shall be deemed severable from these Terms and the remaining provisions of these Terms shall remain in effect and full force.

 

Successors-and-Assigns.

 

These Terms are binding upon the Company and you, and each of their administrators, executors, heirs, personal representatives, trustees, successors-and-assigns.

 

Survival.

 

These Terms shall survive your access and use of this website, and these Terms shall also survive the discontinuance or termination of this website. 

 

Contact Information.

 

If you have any comments, complaints, or questions regarding these Terms, you may send those in writing to Attn: ___________, TwistaProducts, LLC, 4511 Helton Drive, Florence, Alabama 35630.