Terms of service

TERMS OF SERVICE

GENERAL INFORMATION

This website is operated by Avenza. Throughout the site, the terms "we", "us" and "our" refer to Avenza. Avenza provides this website, including all the information, tools and services available to you on this site. The user is conditioned upon acceptance of all terms, conditions, policies and notices established herein. By visiting our site and/or purchasing something from us, you participate in our "Service" and agree to the following terms and conditions ("Terms of Service", "Terms"), including all additional terms, conditions and policies referenced herein and/or available via hyperlinks. These Terms of Service apply to all users of the site, even if they are limited to browsers, vendors, customers, merchants and/or content contributors.

Read these terms of use carefully before accessing or using our website. By accessing or using any part of the site, you agree to the terms of use. If you do not agree to all the terms of this agreement, you must not access the website or use any of the services. If the Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new feature or tool added to the current store shall also be subject to the Terms of Service. You may review the most current version of the Terms of Service at any time on this page. We reserve the right to update, modify or replace any part of the 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 changes are posted constitutes your 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.

SECTION 1 - ONLINE STORE CONDITIONS

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are of legal age in your state or province of residence and have given us your consent to allow any minor dependent on you to use this site. You may not use our products for any illegal or unauthorized purpose, nor may you, by using the service, violate the laws of your jurisdiction (including but not limited to copyright laws). You must not transmit worms, viruses or any code of a destructive nature. Failure to comply with or violation of any of these conditions will result in the 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 (except credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) modifications to conform and adapt to the 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 from us. The headings used in this agreement are included for convenience only and do not limit or affect these terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information available on this site is not accurate, complete or current. The information on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without first consulting more accurate, complete or current information. Any use of the content on this site is at your own risk. This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the content 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 PRICING

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part of the content) 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 on the website. These products or services may be available in limited quantities and may be subject to return or exchange only in accordance with our return policy. We have made every effort to display the colors and images of our products in the store with the highest possible color accuracy. We cannot guarantee that your computer monitor will display colors accurately. 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 quantity of products or services we offer. All product descriptions and pricing 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 for any product or service made on this site is void where prohibited. We do not warrant that the quality of any product, service, information or other material purchased or obtained by you will meet your expectations, or that 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 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 using the same billing and/or shipping address. In the event of a change or cancellation of an order, we may attempt to notify you by contacting you via email and/or the billing address/phone number provided at the time of the order. 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 information regarding purchases and accounts used for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as necessary. For more details, please refer to our Return Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools which we neither monitor nor have any control or influence over. You acknowledge and agree that we provide access to these tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability arising from or related to your use of third-party tools. Any use of optional tools offered through the site is entirely at your own risk and you should ensure that you are familiar with and approve the terms under which such tools are provided by their respective providers. We may also offer new services and/or features through the website in the future (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 through 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 shall have no liability for any third-party material or websites, or for any other material, products or services of third parties. We are not liable for any harm or loss related to the purchase or use of goods, services, resources, content or any other transactions made in connection with third-party websites. Review the policies and practices of third parties 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 in question.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you submit certain specific proposals (e.g., contest entries) or, without our request, you submit 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 and without restriction, modify, copy, publish, distribute, translate or otherwise use the comments you submit. We shall have no obligation (1) to maintain the confidentiality of comments, (2) to pay compensation for comments, or (3) to respond to comments. We may, but are not obligated to, monitor, edit or remove any content that we deem illegal, offensive, threatening, defamatory, pornographic, obscene or objectionable, or that violates the intellectual property of any party or the Terms of Service. You agree that your comments do not violate the rights of third parties, including copyright, trademark, privacy, publicity or other personal or property rights. Additionally, you agree that your comments shall not contain defamatory or otherwise illegal, abusive or obscene material, computer viruses or other malicious software that may in any way affect the operation of the Service or any linked website. You may not use a false email address, impersonate another person or entity, or otherwise mislead us or third parties as to the origin of your comments. You are solely responsible for the comments you make and their accuracy. We are not liable for any comments posted by you or others.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the site is governed by our Privacy Policy. To view our Privacy Policy, please see our privacy policy page.

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, 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 assume no obligation to update, amend or clarify information in the Service or on any related website, including pricing information, except as required by law. No specification or date applied to the Service or any related website should be interpreted as an indication 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 set forth in the Terms of Use, 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 local, international, federal, provincial or state regulations, rules or ordinances; (d) to infringe upon or violate our intellectual property rights or those of any third party; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate on the basis of 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 other malicious code that is or may be used in any manner that could compromise the functionality or performance of the Service or any linked website, other sites or the Internet; (h) to collect or track personal information about 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 linked website, other sites or the Internet. We reserve the right to suspend your use of the Service or any associated website for violating any of the prohibited provisions.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that your use of our Service will be uninterrupted, timely, secure or error-free. We do not guarantee that the results obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may interrupt the Service for indefinite periods of time or terminate the Service at any time without notice. You expressly agree that your use of or ability to use the Service is at your sole risk. The Service and all products and services provided through the Service are provided (unless otherwise expressly stated by us) "as is" and "as available" for your use, without any representation, warranty or condition of any kind, whether express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title and non-infringement. We shall not be liable for any errors or omissions in any content, or for any loss or damage of any kind arising from the use of the Service or any content (or product) displayed, transmitted or made available through the Service, even if we have been advised of its possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in those 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 Avenza and our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensees, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys' fees, by any third party arising out of or resulting from your breach of these Terms of Service or any document incorporated by reference herein, 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 Use is determined to be unlawful, void or unenforceable, such provision shall be enforceable to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Use, and such determination shall not affect the validity and enforceability of any other provisions.

SECTION 16 - TERMINATION

The obligations and responsibilities 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 to comply with or we suspect 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 shall remain liable for all amounts owed up to and including the date of termination; and/or accordingly, we may deny you access to our services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

Our failure 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 Use and any policies or operating rules posted by us on this site or in connection with the Service 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, whether oral or written, between you and us (including, but not limited to, any prior version of the Terms of Service). Any ambiguity 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 agreement under which we provide you with services shall be governed by and construed in accordance with the applicable law.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You may 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, 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 after the posting of any changes to these Terms of Service constitutes your acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to outfitlabcorp@gmail.com.

SECTION 21 - TEXT MARKETING AND NOTIFICATIONS

By opting in to SMS marketing at checkout and initiating a purchase or subscribing through our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned cart reminders), text marketing offers and transactional text messages, including review requests from us, even if your mobile phone number is registered on any state or federal Do Not Call list. Message frequency varies. Consent is not a condition of purchase. If you wish to opt out of receiving text marketing notifications and messages, reply with STOP to any mobile message we send you or use the unsubscribe link provided in any of our messages. You understand and agree that alternative opt-out methods, such as using alternative words or requests, shall not be considered a reasonable means of opt-out. We do not charge for the service, but you are responsible for all charges and fees associated with text messages imposed by your wireless service provider. Message and data rates may apply. If you have any questions, text HELP to the number from which you received the messages. You may also contact us at outfitlabcorp@gmail.com for more information. We reserve the right to modify any phone number or short code we use to operate the Service at any time. You will be notified on such occasions. You agree that messages you send to a phone number or short code that we have changed, including STOP or HELP requests, may not be received, and that we shall not be responsible for fulfilling requests made in such messages. To the extent permitted by applicable law, you agree that we shall not be liable for failed, delayed or misdirected delivery of any information sent through the Service, any errors in such information and/or any action you may or may not take in reliance on the information or the Service. Your right to privacy is important to us. You may review our Privacy Policy to determine how we collect and use your personal information.