Terms of service

 

TERMS OF SERVICE

OVERVIEW

Welcome to Competition Archery Products! The terms "we", "us" and "our" refer to Competition Archery Products. Competition Archery Products operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Competition Archery Products is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

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

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access 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, province, or jurisdiction of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 - OUR PRODUCTS

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

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be exactly the same as depicted or rendered in our online store.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities of products offered to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Competition Archery Products reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Competition Archery Products confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as Competition Archery Products may be unable to accommodate cancellation requests after an order has been accepted or fulfilled.

If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing information, and/or phone number provided when the order was placed.

Purchases are subject to our Return and Refund Policy.

You represent and warrant that your purchases are for lawful purposes and that any resale, distribution, or export complies with applicable laws and regulations.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect when the order is placed and will be shown in your order confirmation.

Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, handling, customs duties, import taxes, brokerage charges, or other fees.

Prices posted in our online store may differ from prices offered through other sales channels. We may offer promotions that affect pricing and are governed by separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You agree to promptly update your account and other information as necessary so that we can complete transactions and contact you when needed.

You represent and warrant that the payment information you provide is true, correct, and complete, that you are authorized to use the applicable payment method, and that you will pay all charges incurred at the posted prices, including applicable shipping, handling, taxes, and other charges.

SECTION 5 - SHIPPING AND DELIVERY

Delivery and transit times are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs processing, weather, natural disasters, incorrect or incomplete addresses provided by customers, or other events outside our reasonable control.

International customers may be responsible for customs duties, import taxes, brokerage fees, or other charges assessed by the destination country or carrier.

Additional information regarding shipping may be found in our Shipping Policy.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by Competition Archery Products, its affiliates, or licensors and are protected by applicable U.S. and foreign intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit material from the Services without our prior written consent, except as otherwise permitted by law.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Competition Archery Products, Shopify, or any third party.

Competition Archery Products' names, logos, product and service names, designs, and slogans are trademarks of Competition Archery Products or its affiliates or licensors. You must not use such trademarks without prior written permission.

Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have control over.

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 shall have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is at your own risk and discretion. You should ensure that you are familiar with and approve of the terms under which those tools are provided.

We may also offer new features through the Services in the future. Such features shall be deemed part of the Services and 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 embedded third-party functionality.

We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you leave the Services to access third-party materials or websites, you do so at your own risk.

We are not liable for harm or damages related to your access to third-party websites or your purchase or use of products, services, resources, or content on third-party websites.

Please carefully review the third party's policies and practices before engaging in a transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Competition Archery Products is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Competition Archery Products. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Competition Archery Products, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Competition Archery Products.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify's Privacy Policy.

By using the Services, you acknowledge that you have read and understand the applicable privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services in order to provide and improve the Services. Information submitted through the Services may be transmitted to and shared with Shopify and other service providers, including parties located outside your country of residence, as described in our Privacy Policy.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any lawful purpose, including commercial use.

You represent and warrant that you own or have all necessary rights to the Feedback, that you have disclosed any compensation or incentives received in connection with your submission, and that your Feedback complies with these Terms.

We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine violates these Terms or applicable law.

You are solely responsible for Feedback you submit and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on or in the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, or other information.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if information is inaccurate at any time without prior notice, including after an order has been submitted, to the extent permitted by applicable law.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only.

You may not access or use the Services, directly or indirectly, for unlawful or malicious purposes; to violate applicable laws or regulations; to infringe intellectual property rights; to harass, abuse, threaten, defame, or harm others; to transmit false or misleading information; to distribute spam or unsolicited promotional material; to impersonate another person or entity; or to engage in conduct that restricts or inhibits another person's use or enjoyment of the Services.

You may not upload or transmit viruses or malicious code, reproduce or exploit portions of the Services without authorization, improperly collect or track personal information, engage in phishing or similar conduct, or interfere with or circumvent security or authorization features.

We reserve the right to suspend, disable, or terminate access to the Services if we determine that these Terms have been violated.

SECTION 14 - AGENTS

This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services.

"Agent" means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity and that can execute actions without direct supervision.

No Agent may access, use, or interact with the Services unless it identifies itself and operates in accordance with applicable requirements. We may limit, including through technical measures, whether and how Agents access, use, or interact with the Services.

Agents must not conceal or misrepresent automated access, circumvent CAPTCHAs or other measures designed to distinguish computer use from human use, or circumvent measures intended to block, limit, modify, or control automated access to the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, in our sole discretion as permitted by applicable law. You will remain liable for amounts due up to and including the date of termination.

Sections that by their nature should survive termination will continue to apply following termination, including provisions regarding Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and Privacy.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general information purposes. We do not warrant the accuracy, completeness, or usefulness of such information.

EXCEPT AS EXPRESSLY STATED BY COMPETITION ARCHERY PRODUCTS AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free.

Some jurisdictions limit or prohibit certain warranty disclaimers, so portions of this section may not apply to you.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPETITION ARCHERY PRODUCTS, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, AND SHOPIFY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS PROCURED THROUGH THE SERVICES, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT LAWFULLY BE LIMITED OR EXCLUDED.

Some jurisdictions do not allow certain limitations or exclusions of liability, so portions of this section may not apply to you.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Competition Archery Products, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to a third party arising from your breach of these Terms, violation of applicable law or the rights of a third party, or misuse of the Services, to the extent permitted by applicable law.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms.

Such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us constitute the entire agreement and understanding between you and us regarding use of the Services and supersede prior or contemporaneous agreements, communications, and proposals regarding the Services.

SECTION 21 - 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 unauthorized attempt to do so will be void.

We may transfer, assign, or delegate these Terms and our rights and obligations as permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with applicable federal law and the laws of the State of Florida, without regard to conflict-of-law principles.

To the extent permitted by applicable law, you and Competition Archery Products consent to jurisdiction and venue in the appropriate courts located in Florida.

SECTION 23 - HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

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

We reserve the right to update, change, or replace portions of these Terms by posting updates and changes to our website.

When required by applicable law, we will provide notice of material changes. Changes will become effective on the date specified in the applicable notice or when posted, as permitted by law.

Your continued use of or access to the Services following the effective date of changes constitutes acceptance of the revised Terms to the extent permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service may be sent to:

Competition Archery Products

Email: competitionarcheryproducts@outlook.com

Physical address: 7060 15th Street East, Suite 41, Sarasota, FL 34243, United States