These Terms of Service (the "Terms") establish the legal agreement between you ("User") and Ryan Smirl ("Company," "we," or "us"). By accessing or using our website (the "Website"), you acknowledge and unconditionally accept all provisions outlined herein.
Creating an account, browsing the Website, or completing a purchase constitutes your binding agreement to these Terms, as well as any future updates or modifications we may implement.
By using the Website, you represent and warrant that:
- You are at least 18 years of age, or have reached the age of majority in your jurisdiction of residence; and
- You possess the legal capacity to enter into enforceable contracts.Users under the age of 18 (or the age of majority in their location) may only use the Website with the explicit consent and supervision of a parent or legal guardian, who shall be deemed responsible for all User actions.
We reserve the sole discretion to revise, update, or modify these Terms at any time. Such changes shall take effect immediately upon posting the updated Terms on the Website. Your continued use of the Website following the posting of modifications constitutes acceptance of the revised Terms.
You are solely responsible for maintaining the confidentiality of your account credentials (including passwords) and for all activities conducted under your account. You agree to notify us immediately at
[email protected] of any unauthorized access to or use of your account, or any other security breach. We shall not be liable for any losses resulting from your failure to safeguard your account.
We strive to provide accurate and up-to-date product descriptions, images, and details. However, we do not warrant or guarantee that all product information is error-free, complete, or current. We reserve the right to correct any errors, omissions, or inaccuracies at any time, including after an order has been submitted (with notification to you if the correction affects your order).
All content and materials on the Website—including but not limited to text, images, graphics, logos, trademarks, service marks, page layouts, design elements, and software—are the exclusive property of the Company or its licensors. These materials are protected by applicable copyright, trademark, and other intellectual property laws worldwide.
You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Website solely for personal, non-commercial purposes, in compliance with these Terms. No other rights are implied or granted. You may not copy, reproduce, distribute, modify, adapt, republish, upload, post, transmit, or create derivative works from any part of the Website without our prior written permission.
You retain ownership of any content you submit, upload, or share on the Website (including reviews, photos, or comments). By submitting such content, you grant the Company a perpetual, non-exclusive, royalty-free, worldwide license to use, reproduce, distribute, display, and modify the content for business purposes (including marketing, promotion, and Website improvement), without additional compensation to you.
You agree not to engage in any of the following activities:
- Accessing or using the Website through unauthorized means (including automated bots, scrapers, or other tools);
- Attempting to reverse engineer, decompile, disassemble, or modify any software or systems used on the Website;
- Using the Website for commercial purposes (e.g., reselling products, advertising, or soliciting business) without our express written approval;
- Violating any applicable laws, regulations, or third-party rights;
- Interfering with the Website’s functionality, security, or other Users’ access.
Submitting an order through the Website constitutes an offer to purchase the selected products. We reserve the right to accept or reject your offer in our sole discretion. Order acceptance is deemed effective only when we dispatch the products (at which point a binding contract is formed). We may cancel an order if we are unable to fulfill it (e.g., due to stock unavailability, pricing errors, or suspicious activity) and will refund any payments made.
While we make every effort to display accurate prices, errors may occasionally occur (e.g., typographical errors, system glitches). In the event of a pricing error, we reserve the right to cancel the affected order, notify you of the error, and issue a full refund if payment has already been processed. We shall not be obligated to fulfill orders placed at an incorrect price.
All regularly priced products are covered by our 30-day satisfaction guarantee. If you are not satisfied with your purchase, you may initiate a return in accordance with our Return & Refund Policy (incorporated herein by reference). Final sale items are excluded from this guarantee.
The Website and its services are provided "as is" and "as available," without any warranties of any kind—express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Website will be uninterrupted, error-free, or secure, or that products will meet your expectations.
To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, special, incidental, consequential, or punitive damages (including but not limited to lost profits, lost data, or damages from business interruption) arising out of or in connection with your use of the Website, products, or these Terms—even if we have been advised of the possibility of such damages. Our total liability for any claims arising from these Terms or your use of the Website shall be limited to the amount you paid for the relevant product(s) giving rise to the claim.
For orders shipped to Canada, all customs duties, GST/HST, brokerage fees, and other import-related charges are the sole responsibility of the customer. These charges are not included in the product price or shipping cost and are non-refundable. Eligible refunds will only cover the product’s purchase price and (if required by law) the original shipping fee—customs-related charges are excluded.
Any disputes, claims, or controversies arising out of or relating to these Terms, the Website, or products purchased through the Website shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict-of-law rules.
All such disputes shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules (or Consumer Arbitration Rules, if applicable). The arbitration shall take place in the State of Texas, USA, and proceedings shall be conducted in English. Each party shall bear its own costs of arbitration, unless otherwise required by law.
These Terms and any disputes arising from or related to your use of the Website or products shall be governed by the laws of the State of Texas, United States, excluding its conflict-of-law principles.
Nothing in these Terms is intended to limit, restrict, or waive any statutory consumer rights you may be entitled to under the laws of your jurisdiction of residence. Such rights shall remain in full force and effect.
By using the Website, you acknowledge that you have read, understood, and agreed to these Terms in their entirety. If you do not agree to these Terms, please do not use the Website or make any purchases. For questions about these Terms, contact us at
[email protected].
