Terms of Service

OVERVIEW

Welcome to My Store. The terms “we,” “us,” and “our” refer to My Store. My Store operates this store and website, including all information, content, features, tools, products, and services to provide you, the customer, with a curated shopping experience (the “Services”). My Store is powered by Shopify technology, which enables us to provide you with the Services.

The following terms and conditions, along with all policies referenced herein (the “Terms of Service” or “Terms”), outline your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as disclaimers and limitations of liability.

By viewing, interacting with, or using our Services, you agree to comply with these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you must not use 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 that you have given us your consent to allow any minors in your care to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing our online stores, browsing them, or purchasing any product or service we offer, you may be required to provide certain information, such as your email address, billing address, payment method, and shipping address. You represent and warrant that all information you provide to our stores is accurate, current, and complete, and that you have all necessary rights to provide this information.

You are solely responsible for maintaining the security of your account credentials and all activity on your account. You may not transfer, sell, or assign your account to another person, nor grant licenses related to such an account.

SECTION 2: OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, you should be aware that the colors or appearance of products may differ from how they appear on your screen due to the type of device you use to access the store and its settings.

We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to those displayed in our online stores.

All product descriptions are subject to change at any time without prior notice at our sole discretion. We reserve the right to discontinue any product at any time, and we may limit the quantities of products we offer to any person, geographic region, or jurisdiction as applicable.

SECTION 3: ORDERS

When you place an order, you are making an offer to purchase. My Store reserves the right to accept or reject your order for any reason at its sole discretion. Your order will not be accepted until My Store confirms acceptance. We must receive and process your payment for your order to be accepted. Please review your order carefully before submission, as My Store may not be able to accommodate cancellation requests once an order is accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you via the email, billing address, or phone number provided when placing the order.

Your purchases are subject to returns or exchanges only in accordance with our Refund Policy.

You represent and warrant that your purchases are solely for personal or household use and not for resale or export for commercial purposes.

SECTION 4: PRICING AND BILLING

Prices, discounts, and promotions are subject to change without prior notice. The price charged for a product or service will be the one in effect at the time the order is placed and will be specified in the order confirmation email you receive. Unless expressly stated otherwise, published prices do not include charges for taxes, shipping, order handling, customs procedures, or importation.

Prices published in our online stores may differ from those offered in physical stores, online, or other stores operated by third parties. From time to time, we may offer promotions for the Services that may affect pricing and are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.

For all purchases made in our stores, you agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update your account and other information, such as your email address and credit card numbers and expiration dates, so we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provided is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) your credit card company will cover the charges you incur; and (iv) you will pay the charges incurred at the published prices, including shipping, order handling, and applicable taxes, if any.

SECTION 5: SHIPPING AND DELIVERY

We are not responsible for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by transportation companies, customs processing, or events beyond our control. Once we deliver the products to the transportation company, ownership and risk pass to you.

SECTION 6: INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, service marks, text, samples, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by My Store, its affiliates, or licensors and are protected by United States and foreign copyright and other intellectual property laws.

These Terms permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit the material included in the Services without our prior written consent. Unless expressly stated herein, no part of these Terms grants or shall be construed as granting a license or any other right to you with respect to patents, trademarks, copyrights, or any other form of intellectual property of My Store, Shopify, or third parties. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. My Store reserves all rights not expressly granted herein.

The names, logos, product and service names, designs, and slogans of My Store are trademarks of My Store, its affiliates, or its licensors. You may not use such trademarks without the prior written consent of My Store. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.

SECTION 7: OPTIONAL TOOLS

As part of the Services, you may be provided access to customer tools offered by third parties over which we exercise no monitoring, control, or collaboration.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind, and without endorsement. We assume no responsibility for any liability arising from your use of optional third-party tools.

You assume all risks associated with your use of optional third-party tools offered through the site, at your sole discretion, and you must ensure that you are familiar with and approve the terms under which third-party providers offer the tools.

In the future, we may also offer new features through the Services (including the release of new tools and resources). These new features will also be considered part of the Services and will be subject to these Terms of Service.

SECTION 8: THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating, nor for the accuracy of, third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party websites, you do so at your own risk.

We are not responsible for any harm or damage related to your access to third-party websites or your purchase or use of products, services, or resources from third-party websites. Carefully review the policies and practices of third parties and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions related to third-party products and services should be directed to those third parties.

SECTION 9: RELATIONSHIP WITH SHOPIFY

[MERCHANT NOTE: This section accurately characterizes Shopify’s relationship with your store and must not be removed or modified.]

My Store is powered by Shopify technology, which enables us to provide you with the Services. However, any sale and purchase you make in our store is conducted directly with My Store. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales that take place between you and My Store, including injuries, damages, or losses caused by the products and services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchases and transactions with My Store.

SECTION 10: PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Since the Services are hosted on Shopify, Shopify collects and processes personal information related to your access and use of the Services to provide and improve the Services for you. To provide services, the information you submit to the Services will be transmitted to Shopify and third parties that may be located in countries where you do not reside and will be shared with them. For more information about how we, Shopify, and our partners use your personal information, review our Privacy Policy.

SECTION 11: FEEDBACK

If you submit, upload, post, email, or otherwise transmit 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 medium and for any purpose, including commercial use. For example, we may exercise our rights under this license to manage, provide, evaluate, optimize, improve, and promote the Services, and to fulfill our obligations and enforce our rights under the Terms of Service.

You also represent and warrant that: (i) you own all necessary rights to all Feedback; (ii) you disclosed any compensation or incentive received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are not and will not be obligated to (1) treat your Feedback as confidential; (2) provide compensation for your Feedback; or (3) respond to your Feedback.

We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, at our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your Feedback will not contain libelous, unlawful, abusive, or obscene remarks, nor computer viruses or other malware that could affect the operation of the Services or any related website. You may not use a false email address, impersonate another person, or mislead us or third parties as to the origin of Feedback. You are solely responsible for any Feedback you provide and its accuracy. We are not responsible for Feedback posted by you or third parties.

SECTION 12: ERRORS, INACCURACIES, AND OMISSIONS

From time to time, there may be information about 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 due to inaccuracies in the information at any time without prior notice (including after you have placed your order).

SECTION 13: PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for illegal or malicious purposes; (b) to violate international, federal, provincial, or state regulations, laws, or ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse material that does not comply with these Terms; (g) to transmit or procure the sending of “junk mail,” “chain letters,” “spam,” or any similar content; (h) to impersonate or attempt to impersonate any other person or entity; (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or that, as determined by us, may harm My Store, Shopify, or users of the Services, or expose them to liability.

Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that is or may be used in any way that affects 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) send spam, engage in phishing, commit pharmaceutical fraud, engage in fraudulent staging, commit spidering, or web scraping; 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, disable, or terminate your account at any time without prior notice if we determine that you have violated any part of these Terms.

SECTION 14: TERMINATION

We may terminate this agreement or discontinue your access to the Services (or any part thereof) at our sole discretion at any time without prior notice, and your liability for all amounts owed up to the date of termination may remain in effect.

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 any other provision that by its nature survives 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 at your own risk. We disclaim all liability arising from the reliance placed on such materials by you or any visitor to the Services, or by anyone who may be informed of its content.

UNLESS EXPRESSLY STATED BY My Store, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR REPRESENT THAT YOU WILL BE ABLE TO USE THE SERVICES UNINTERRUPTED, TIMELY, SECURELY, OR ERROR-FREE. IN SOME JURISDICTIONS, THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES IS LIMITED OR NOT PERMITTED, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16: LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL My Store, OUR PARTNERS, DIRECTORS, OFFICERS, AFFILIATED EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR INJURIES, LOSSES, CLAIMS, 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), OR STRICT LIABILITY, ARISING FROM YOUR USE OF ANY OF THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, 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 MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17: INDEMNIFICATION

You agree to indemnify, defend, and hold harmless My Store, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including the cost of reasonable attorney’s fees, payable to any third party as a result of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or third-party rights, or (3) your access to and use of the Services.

We will notify you of any claim subject to indemnification, provided that the failure to promptly notify you will not relieve you of your obligations unless you have suffered significant harm. We may control the defense and resolution of such a claim at your expense, including the choice of counsel, but we will not settle claims imposing non-monetary obligations on you without your consent (not unreasonably withheld). You will cooperate in the defense of claims subject to indemnification, for example, by providing relevant documents.

SECTION 18: SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall be enforceable to the extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Service; such determination shall not affect the validity or enforceability of any other provision.

SECTION 19: WAIVER; ENTIRE AGREEMENT

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

These Terms of Service and the policies or operating rules posted by us on this site or with respect to the Service constitute the entire agreement and understanding between you and us, govern your use of the Service, and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Service).

Any ambiguity in the interpretation of these Terms of Service shall not be construed against the interests of the drafting party.

SECTION 20: ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent, and any attempt to do so will be null and void. We may transfer, assign, or delegate these Terms along with our rights and obligations without your consent or notice to you.

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 of the jurisdiction to which My Store belongs. You and My Store expressly submit to the jurisdiction and venue of such 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 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, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on our website. You are responsible for periodically visiting our website to check for changes. We will notify you of any material changes to these Terms as required by applicable law, and such changes will take effect on the date specified 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

You should send any questions about the Terms of Service to imperialmifitness@gmail.com.

Our contact information is published below:
[INSERT BUSINESS NAME]
imperialmifitness@gmail.com