OVERVIEW



By visiting our Site and/or purchasing anything from us, you participate in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including the additional terms and conditions and policies that are referred to herein and/or are available via hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, suppliers, customers, merchants and/or contributors of content.


Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this Agreement, you may not access the Site or use any 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. You can review the most recent version of the Terms of Service on this page at any time. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after the posting of any changes constitutes acceptance of those changes.



Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.



SECTION 1 - ONLINE STORE TERMS



By accepting these Terms of Service, you represent that you are at least the legal age of majority in the state or province in which you reside, or that you are of legal age in the state or province in which you reside and that you have given us your consent to allow minors relatives to use this site.

You may not use our Products for any illegal or unauthorized purpose, nor, by using the Service, may you violate any laws in your jurisdiction (including, but not limited to, copyright laws).

You must not transmit worms or viruses or any code of a destructive nature.

Breach or violation of any of the Terms will result in immediate termination of your Services.



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 credit card information) may be transmitted unencrypted and involve (a) transmissions over various networks; and (b) changes to comply with and adapt to technical requirements of connected networks or devices. Credit card information is always encrypted during transmission over the network.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use 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 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 the information provided on this website is not accurate, complete or current. The material on this website is 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 site is at your own risk.

This website may contain certain historical information. Historical information is not necessarily current and is for information only. We reserve the right to change the content of this website 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 site.



SECTION 4 - CHANGES TO THE SERVICE AND PRICES



The prices of our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.

We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 5 - PRODUCTS OR SERVICES (IF APPLICABLE)



Certain products or services may be available exclusively online through the Website.

We have made every effort to display the colors and images of our products displayed in the store as accurately as possible. We cannot guarantee that your computer monitor's display of a color will be accurate.

We reserve the right, but have no obligation, to restrict the sale 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 the products or services we offer. All descriptions of products or product prices are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer of a product or service on this site is void where prohibited.

We do not guarantee that the quality of products, services, information or other materials purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.



SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION



We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel purchased quantities per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed. 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 credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.



SECTION 7 - OPTIONAL TOOLS



We may provide you with access to third-party 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 have no liability whatsoever arising out of or in connection with your use of optional third-party tools.

Any use of the optional tools offered through the Site is entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms on which the tools are provided by the applicable third party provider(s).

We may also in the future offer new services and/or features through the Site (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

 

SECTION 8 - LINKS TO THIRD PARTIES



Certain types of content, products and services available through our Service may contain material 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 investigating or evaluating the content or accuracy, and we do not warrant and will have no responsibility or liability for any third-party materials or websites or for any other third-party materials, products or services.

We are not responsible for any damages or damages related to the purchase or use of goods, services, resources, content or other transactions made in connection with third party websites. Please read the third party's policies and practices carefully and make sure you understand them before engaging 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, at our request, you send certain specific submissions (eg competition entries) or, without a request from us, send creative ideas, suggestions, proposals, plans or other material, whether online, by e-mail, by post or on otherwise (collectively "Comments"), you agree that we may at any time and without limitation edit, copy, publish, distribute, translate and otherwise use any Comments that you submit to us in any media. We are and shall be under no obligation to (1) keep any Comments confidential; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we deem, in our sole discretion, to be illegal, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or infringes any party's intellectual property or these Terms of Service.

You agree that your comments will not infringe any third party's rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise illegal, offensive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You must not use a false email address, impersonate yourself or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any comments you submit 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



Your submission of personal information through the Store is subject to our Privacy Policy.

 

 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS



Occasionally, there may be information on our Site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping costs, 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 Service 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, change or clarify information in the Service or on any related website, including without limitation pricing information, except as required by law. No specified update or update date used in the Service or on any related website shall be taken to indicate that any information in the Service or on any related website has been changed or updated.



SECTION 12 - PROHIBITED USES



In addition to other prohibitions as described in the Terms of Service, you are prohibited from using the Site or its Content: (a) for any illegal purpose; (b) to encourage others to perform or participate in illegal acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, demean, 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 form of malicious code that will or may be used in a manner that will affect the functionality or operation of the Service 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 Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related 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 Service will be uninterrupted, timely, secure or error-free.

We do not guarantee that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that we may from time to time remove the Service indefinitely or cancel the Service at any time without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your own risk. The Service and all products and services provided to you through the Service are provided (except as expressly provided by us) "as is" and "as available" for your use, without any representation, warranty or condition of any kind, either express or implied. or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no event shall Splash Swap, our directors, officers, employees, subsidiaries, agents, contractors, interns, suppliers, service providers or licensors 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 in contract, tort (including negligence), strict liability or otherwise, arising out of your use of the Service or products purchased using the Service, or for any other claim related in any way to your use of the Service 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 Service or any content (or product) posted, transmitted or otherwise made available through the Service, even if informed of their possibility. Since some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.

 

 

SECTION 14 - INDEMNIFICATION



You agree to indemnify, defend and hold Splash Swap 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 , made by any third party due to or resulting from your violation of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.



SECTION 15 - SEVERABILITY



In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the extent permitted by applicable law, and the portion that is unenforceable , shall be deemed severable from these Terms of Service and such provision shall not affect the validity and enforceability of any other remaining provisions.



SECTION 16 - 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 of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you stop using our Site.

If, in our judgment, you fail to comply, or we suspect that you have failed to comply with any term or provision of these Terms of Service, we may also terminate this Agreement at any time without notice and you will remain liable for all amounts owed to and with the date of termination; and/or may therefore deny you access to our services (or part thereof).



SECTION 17 - ENTIRE AGREEMENT



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

These Terms of Service and any policies or operating rules published by us on this Site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service and supersede all prior or contemporaneous agreements, communications and proposals, whatever 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 party that drafted them.



SECTION 18 - APPLICABLE LAW



These Terms of Service and any separate agreements whereby we provide services to you shall be governed by and construed in accordance with the laws of the United States.



SECTION 19 - CHANGES TO TERMS OF SERVICE



You can review the most recent version of the Terms of Service on this page at any time.

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 on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Website or the Service following the posting of changes to these Terms of Service constitutes acceptance of those changes.