Terms of service

 

TERMS OF SERVICE 

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OVERVIEW 

This website is operated by Highlevelthrowing.com. Throughout  the site, the terms “we”, “us” and “our” refer to  

Highlevelthrowing.com. Highlevelthrowing.com offers this website,  including all information, tools and services available from this site  to you, the user, conditioned upon your acceptance of all terms,  conditions, policies and notices stated here. 

By visiting our site and/ or purchasing something from us, you  engage in our “Service” and agree to be bound by the following  terms and conditions (“Terms of Service”, “Terms”), including  those additional terms and conditions and policies referenced  herein and/or available by hyperlink. These Terms of Service  apply to all users of the site, including without limitation users who  are browsers, vendors, 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, then you may  

not access the website 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 which are added to the current store  shall also be subject to the Terms of Service. You can review the  most current version of the Terms of Service at any time on this  page. We reserve the right to update, change or replace any part  of these Terms of Service by posting updates and/or changes to 

our website. It is your responsibility to check this page periodically  for changes. Your continued use of or access to the website  following the posting of any changes constitutes acceptance of  those changes. 

Shopify Inc. hosts our online store and provides the online  ecommerce platform to sell products and services to you. Any  interaction with the Shopify ecommerce platform subjects you to  the Terms set forth by Shopify. 

SECTION 1 - ONLINE STORE TERMS 

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,  or that you are 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 this site. 

You may not use our products for any illegal or unauthorized  purpose nor may you, in the use of the Service, violate any laws  in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a  destructive nature. 

A breach or violation of any of the Terms will result in an  immediate termination of your Services. 

Shopify Inc. hosts our online store and provides the online  ecommerce platform to sell products and services to you. Any  interaction with the Shopify ecommerce platform subjects you to  the Terms set forth by Shopify. 

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 transferred unencrypted and involve (a)  transmissions over various networks; and (b) changes to conform 

and adapt to technical requirements of connecting networks or  devices. Credit card information is always encrypted during  transfer over networks. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit  any portion 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 express written permission by us. 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 information made available on this site  is not accurate, complete or current. The material on this site is  provided 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 site may contain certain historical information. Historical  information, necessarily, is not current and is provided for your  reference only. We reserve the right to modify the contents of this  site at any time, but we have no obligation to update any  information on our site. You agree that it is your responsibility to  monitor changes to our site. 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the  Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to 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. These products or services may have limited  quantities and are subject to return or exchange only according to  our Return Policy. 

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

We reserve the right, but are not obligated, to limit the sales 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 any products or  services that we offer. All descriptions of products or product  pricing are subject to change at anytime without notice, at the sole  discretion of us. We reserve the right to discontinue any product  at any time. Any offer for any product or service made on this site  is void where prohibited. 

We do not warrant that the quality of any products, services,  information, or other material 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, in our sole discretion, limit or cancel quantities purchased  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 that use the same billing and/ 

or shipping address. In the event that we make a change to or  cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the 

order was made. 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. 

For more detail, please review our Returns Policy. 

SECTION 7 - OPTIONAL TOOLS 

We may provide you with access to third-party tools over which  we neither monitor nor have any control nor 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 services and/or features  through the website (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 - THIRD-PARTY LINKS 

Certain content, products and services available via our Service  may include materials from third-parties. 

Third-party links on this site may direct you to third-party websites  that are not affiliated with us. We are not responsible for  examining or evaluating the content or accuracy and we do not 

warrant and will not have any liability or responsibility for any  third-party materials or websites, or for any other materials,  products, or services of third-parties. 

We are not liable for any harm or damages related to the  purchase or use of goods, services, resources, content, or any  other transactions made in connection with any 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 - USER COMMENTS, FEEDBACK AND OTHER  SUBMISSIONS 

If, at our request, you send certain specific submissions (for  example contest entries) or without a request from us you send  creative ideas, suggestions, proposals, plans, or other materials,  whether online, by email, by postal mail, or otherwise (collectively,  'comments'), you agree that we may, at any time, without  restriction, edit, copy, publish, distribute, translate and otherwise  use in any medium any comments that you forward to us. We are  and shall be under no obligation (1) to maintain any comments in  confidence; (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 determine in our sole discretion are 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 comments 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  comments will not contain libelous or otherwise unlawful, abusive  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 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 comments. You are  solely responsible for any comments you make 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  governed by our Privacy Policy. To view 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 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 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, amend 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 refresh date applied in the Service or on  any related website, should be taken to indicate that all  information in the Service or on any related website has been  modified or updated. 

SECTION 12 - PROHIBITED USES 

In addition to other prohibitions as set forth in the Terms of  Service, you are prohibited from using the site or its content: (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 infringe upon or violate our intellectual property  rights or the intellectual property rights of others; (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 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 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 warrant that the results that may be obtained from the  use of the service will be accurate or reliable. 

You agree that from time to time we may remove the service for  indefinite periods of time 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 sole risk. The service and all products and  services delivered to you through the service are (except as  

expressly stated by us) provided 'as is' and 'as available' for your  use, without any representation, warranties 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. In no case shall Highlevelthrowing.com, our directors, officers,  employees, affiliates, agents, contractors, interns, suppliers,  service providers or licensors 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 service or any products procured 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  incurred as a result of the use of the service or any content (or  product) posted, transmitted, or otherwise made available via the  service, even if advised of their possibility. Because some states  or jurisdictions do not allow the exclusion or the limitation of  liability for consequential or incidental damages, in such states or  jurisdictions, our liability shall be limited to the maximum extent  permitted by law. 

SECTION 14 - INDEMNIFICATION 

You agree to indemnify, defend and hold harmless  Highlevelthrowing.com 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 arising out of  your breach 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 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 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 cease using our site. 

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

SECTION 17 - 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 18 - 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 laws of 7000 W Palmetto Park Rd. Boca  Raton, FL 33433 

SECTION 19 - 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. Your continued use of or access  to our website or the Service following the posting of any changes  to these Terms of Service constitutes acceptance of those  changes. 

SECTION 20 - CONTACT INFORMATION 

Questions about the Terms of Service should be sent to us at  Austin@Highlevelthrowing.com.