Terms of Service
This website is operated by
GarageBulls. Throughout the site, the terms “we”, “us” and “our” refer
to GarageBulls. GarageBulls offers 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 conditions and policies
referenced herein and/or available by hyperlink. These Terms of Service
apply to all users of the site, including without limitation users who
are browsers, vendors, customers, merchants, and/ or contributors of
content.
Please read these Terms of Service
carefully before accessing or using our website. By accessing or using
any part of the site, you agree to be bound by these Terms of Service.
If you do not agree to all the terms and conditions of this agreement,
then you may not access the website or use any services. If these Terms
of Service are considered an offer, acceptance is expressly limited to
these Terms of Service.
Any new features or tools which are
added to the current store shall also be subject 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 to update, change or
replace any part of these Terms of Service by posting updates and/or
changes to our website. It is your responsibility to check this page
periodically for changes. Your continued use of or access to the website
following the posting of any changes constitutes 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 to you.
SECTION 1 – ONLINE STORE TERMS
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, or that you are the age of majority in
your state or province of residence and you 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 or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an 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, 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 by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
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.
This site may contain certain
historical information. Historical information, necessarily, is not
current and is provided for your reference only. We reserve the right to
modify the contents 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 PRICES
Prices for our products are subject to change without notice.
We rserve the right at any time to
modify or discontinue the Service (or any part or content thereof)
without notice at any time.
Weshall 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 (if applicable)
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 Policy.
We have made every effort to display
as accurately as possible the colors and images of our products that
appear at the store. We cannot guarantee that your computer monitor’s
display of any color will be accurate.
We eserve 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 quantities of any
products or services that we offer. All descriptions of products or
product pricing are subject to change at anytime without notice, at the
sole discretion of us. 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 products, services, information, or other material purchased or
obtained by you will meet your expectations, or that any 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, in our sole 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 that use the same billing
and/or shipping address. In the event that we make a change to or cancel
an order, we may attempt to notify you by contacting the e-mail and/or
billing address/phone number provided at the time the order was made. 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 purchase and account information for all purchases
made at our store. You agree to promptly update your account and other
information, including your email address and credit card numbers and
expiration dates, so that we can complete your transactions and contact
you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
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. We shall have no liability whatsoever arising from or
relating to your use of optional third-party tools.
Any use by you of optional tools
offered through the site is entirely at your own risk and discretion and
you should ensure that you are familiar with and approve of the terms
on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new
services and/or features through the website (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 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 or responsibility
for any third-party materials or websites, or for any other materials,
products, or services of third-parties.
We are not liable for any harm or
damages related to the purchase or use of goods, services, resources,
content, or any other transactions made in connection with any
third-party websites. Please review carefully the third-party’s policies
and practices and make sure you understand them before you engage in
any transaction. Complaints, claims, concerns, or questions regarding
third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain
specific submissions (for example contest entries) or without a request
from us you send 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, 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 (1) to maintain any comments in confidence; (2)
to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to,
monitor, edit or remove content that we determine in our sole discretion
are unlawful, offensive, threatening, libelous, defamatory,
pornographic, obscene or otherwise objectionable or violates any party’s
intellectual property or these Terms of Service.
You agree that your comments will not
violate any right of any third-party, including copyright, trademark,
privacy, personality or other personal or proprietary right. You further
agree that your comments will not contain libelous or otherwise
unlawful, abusive or obscene material, or contain any computer virus or
other malware that could in any way affect the operation of the Service
or any related website. You may not use a false e-mail address, pretend
to be someone other than yourself, or otherwise mislead us or
third-parties as to the origin of any comments. You are solely
responsible for any comments you make and their accuracy. We take no
responsibility and assume no liability for any comments posted by you or
any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view 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 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 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 undertake no obligation to update,
amend or clarify information in the Service or on any related website,
including without limitation, pricing information, except as required by
law. No specified update or refresh date applied in the Service or on
any related website, should be taken to indicate that all information in
the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as
set forth in the Terms of Service, 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 based on 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 any other
type of malicious code that will or may be used in any way that will
affect the functionality or operation of the Service or of any related
website, other websites, or the Internet; (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 or
any related website, other websites, or the Internet. We reserve the
right to terminate your use of the Service or any related website 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.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
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, including all implied warranties or
conditions of merchantability, merchantable quality, fitness for a
particular purpose, durability, title, and non-infringement.
In no case shall GarageBulls, our
directors, officers, employees, affiliates, agents, contractors,
interns, suppliers, service providers or licensors be liable for any
injury, loss, claim, 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 any similar damages, whether based in contract,
tort (including negligence), strict liability or otherwise, arising from
your use of any of the service or any products procured using the
service, or for any other claim related in any way to your use of the
service or any product, including, but not limited to, any errors or
omissions in any content, or any loss or damage of any kind incurred as a
result of the use of the service or any content (or product) posted,
transmitted, or otherwise made available via the service, even if
advised of their possibility. Because some states or jurisdictions do
not allow the exclusion or the limitation of liability for consequential
or incidental damages, in such 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 Live Happy Deals and our parent, subsidiaries, affiliates,
partners, officers, directors, agents, contractors, licensors, service
providers, subcontractors, suppliers, interns and employees, harmless
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 of Service, 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 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, or
we suspect that you have failed, to comply with any term or provision of
these Terms of Service, we also may terminate this agreement at any
time without notice and you will remain liable for all amounts due up to
and including the date of termination; and/or accordingly may deny you
access to our Services (or any part thereof).
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 or in respect to
The Service constitutes 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
versions of the Terms of Service).
Any ambiguities 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 agreements whereby we provide you Services shall be governed by
and construed in accordance with the laws of The United States.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at 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 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 to these Terms of Service constitutes acceptance
of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at
