MAREN CLARKE — TERMS OF SERVICE
OVERVIEW
This website is operated by Maren Clarke. Throughout the site, the terms “we”, “us” and “our” refer to Maren Clarke. We offer 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 policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site. Please read them carefully before accessing or using our website. If you do not agree to all the terms of this agreement, then you may not access the website or use any Service. Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 — ONLINE STORE TERMS
By agreeing to these Terms, 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 and 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, viruses or any code of a destructive nature. A breach 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 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 without express written permission from us.
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.
SECTION 4 — MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. All prices are shown in Canadian Dollars (CAD) and include applicable taxes where required. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. 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
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 & Refund Policy. We have made every effort to display as accurately as possible the colors and images of our products. 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, and to limit the quantities of any products or services that we offer.
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. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store, and to promptly update your account and other information so that we can complete your transactions and contact you as needed. For more detail, please review our Return & Refund Policy.
SECTION 7 — OPTIONAL TOOLS
We may provide you with access to third-party tools which we neither monitor nor have any control or input over. 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. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion.
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 for any third-party materials or websites, or for any other materials, products or services of third parties.
SECTION 9 — USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions or, without a request from us, you send creative ideas, suggestions, proposals, plans or other materials (“comments”), you agree that we may, at any time and 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 to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments. You agree that your comments will not violate any right of any third party and will not contain unlawful, abusive or obscene material.
SECTION 10 — PERSONAL INFORMATION
Your submission of personal information through the store is governed by 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 relating to product descriptions, pricing, promotions, offers, 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).
SECTION 12 — PROHIBITED USES
In addition to other prohibitions set out in the Terms, 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; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (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. We reserve the right to terminate your use of the Service 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. 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. To the maximum extent permitted by law, in no case shall Maren Clarke, our directors, officers, employees, affiliates, agents, contractors, suppliers or service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions our liability shall be limited to the maximum extent permitted by law.
SECTION 14 — INDEMNIFICATION
You agree to indemnify, defend and hold harmless Maren Clarke and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees, 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; 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 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, we may also terminate this agreement at any time without notice.
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 constitute 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.
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 the State of Texas, United States of America, without regard to its conflict-of-law provisions. The parties submit to the exclusive jurisdiction of the state and federal courts located in Texas. Nothing in this section deprives you of the protection of the mandatory consumer-protection laws of your country or province of residence where such laws apply.
SECTION 19 — CHANGES TO 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, in 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 constitutes acceptance of those changes.
SECTION 20 — CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support.marenclarke@gmail.com.
SECTION 21 — TEXT (SMS) MARKETING AND NOTIFICATIONS
By agreeing to SMS marketing at checkout and initializing a purchase, or by subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned-checkout reminders), text marketing offers and transactional texts from us. Message frequency varies. Consent is not a condition of purchase. If you wish to unsubscribe from marketing text messages, reply STOP to any SMS message we send you, or use the unsubscribe link we provide. You understand and agree that alternative opt-out methods will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider; message and data rates may apply. For help, reply HELP to the number from which you received the messages, or contact us at support.marenclarke@gmail.com. Your right to privacy is important to us; see our Privacy Policy for how we collect and use your personal information.