Terms Of Service

OVERVIEW OF OUR TERMS

NeoCurly operates this website, and the terms "we," "us," and "our" throughout the site refer to NeoCurly. Your use of this website, including all information, tools, and services, is subject to your acceptance of the terms, conditions, policies, and notices presented here. By visiting our site or making a purchase, you engage in our "Service" and agree to abide by the Terms of Service, including any additional terms, conditions, and policies referenced herein.

Carefully read these Terms of Service before accessing or using our website. Your agreement to these terms applies to all users, including browsers, vendors, customers, merchants, and content contributors. If you disagree with any part of this agreement, refrain from accessing the website or using any services. If these Terms of Service are considered an offer, your acceptance is expressly limited to these terms.

Any new features or tools added to the current store are also subject to these Terms of Service. Review the most current version on this page, as we reserve the right to update, change, or replace any part of these Terms of Service by posting updates or changes to our website. It is your responsibility to check this page periodically for updates, and your continued use or access to the website following the posting of any changes indicates acceptance of those changes.

Our store is hosted on Shopify Inc., providing the online e-commerce platform enabling the sale of our products and services to you.

1 - ONLINE STORE TERMS

By accepting these Terms of Service, you affirm that you have reached the age of majority in your state or province of residence, or if you are the age of majority, you provide us with your consent to permit any of your minor dependents to use this site. The use of our products for any illegal or unauthorized purpose is strictly prohibited, and in utilizing the Service, you must comply with all applicable laws in your jurisdiction, including but not limited to copyright laws. It is prohibited to transmit any worms, viruses, or any code of a destructive nature. Failure to adhere to any of these Terms will lead to an immediate termination of your Services.

2 - GENERAL CONDITIONS

We retain the right to decline Service to anyone at our discretion, without the need for specific cause or notice. You acknowledge that while your content (excluding credit card information) may undergo unencrypted transfer, involving (a) transmissions over various networks, and (b) modifications to conform and adapt to technical requirements of connecting networks or devices, credit card information is consistently encrypted during its transfer over networks.

You commit to refraining from reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Service, its use, or access, including any contact on the website facilitating the Service, without our explicit written permission. The headings used in this agreement are provided for convenience only and do not impose limitations or otherwise impact these Terms.

3 - ACCURACY, COMPLETENESS, TIMELINESS

We do not assume responsibility if the information available on this site is inaccurate, incomplete, or not current. The content on this site is intended for general informational purposes only and should not be the sole basis for decision-making without consulting primary sources of information that are more accurate, complete, or timely. Any reliance on the material presented on this site is undertaken at your own risk.

It's important to note that this site may include historical information, which is not current and is provided solely for your reference. We retain the right to modify the contents of this site at any time, without any obligation to update information. You acknowledge and agree that monitoring changes to our site is your responsibility.

4 - SERVICE AND PRICE CHANGES

The prices of our products are susceptible to change without prior notice. We retain the right to, at any time, alter or cease the Service or any part of its content without providing advance notice. It's important to note that we shall not be held liable to you or any third party for any modifications, changes in pricing, temporary suspension, or complete discontinuance of the Service.

This flexibility allows us to adapt to market conditions, improve our offerings, and enhance the overall user experience. While we strive to keep our customers informed, the dynamic nature of our business may require adjustments to product prices or changes to the Service without immediate notification. Your understanding of this aspect of our business is appreciated, and we are committed to providing quality products and services.

5 - PRODUCT AVAILABILITY AND DESCRIPTIONS

Certain products or services may be exclusively available online through our website. These items may have limited quantities and are eligible for return or exchange in accordance with our Refund Policy, which you can review here: 30-day Money Back Pledge

We've put forth every effort to present the colors and images of our products at the store as accurately as possible. However, we cannot guarantee that your computer monitor will accurately display every color.

While we reserve the right to limit the sales of our products or services to specific individuals, geographic regions, or jurisdictions, this decision will be made on a case-by-case basis. Additionally, we retain the discretion to limit the quantities of any products or services we offer. Descriptions of products or product pricing are subject to change at any time without prior notice, solely at our discretion. We reserve the right to discontinue any product at any time, and any offers for products or services on this site are void where prohibited.

We do not provide a warranty that the quality of any products, services, information, or other materials obtained through our platform will meet your expectations. Furthermore, we do not guarantee that any errors in the service will be corrected. Your understanding of these terms is appreciated as we strive to deliver the best possible products and services to our customers.

6 - BILLING AND ACCOUNT ACCURACY

We reserve the right to refuse any order you place with us. In our discretion, we may limit or cancel quantities purchased per person, household, or order. Such limitations may apply to orders made under the same customer account, using the same credit card, or with identical billing and/or shipping addresses. If an order is changed or canceled, we will make an effort to notify you through the email and/or billing address/phone number provided during the order placement. Additionally, we hold the right to restrict or disallow orders that, in our sole judgment, seem to be made by dealers, resellers, or distributors.

To ensure smooth transactions, you agree to furnish current, complete, and accurate purchase and account information for all transactions on our store. It is your responsibility to promptly update your account details, including your email address and credit card information, to facilitate the completion of transactions and enable us to contact you as necessary. For more information, kindly refer to our Refund Policy: Return & Refund Policy

7 - NAVIGATING OPTIONAL THIRD-PARTY TOOLS

We may grant you access to third-party tools, the monitoring and control of which we disclaim. You acknowledge and agree that the access to such tools is provided "as is" and "as available," without any warranties, representations, or conditions, and without any endorsement. We hold no liability for any issues arising from or related to your utilization of these optional third-party tools.

Your use of the optional tools provided through the site is entirely at your own discretion and risk. It is essential to familiarize yourself with and approve of the terms under which these tools are offered by the relevant third-party provider(s). Additionally, we may introduce new services and/or features through the website in the future, including the release of new tools and resources. These new features and/or services will also be governed by these Terms of Service.

8 - THIRD-PARTY LINKS

Certain content, products, and services accessible through our platform may incorporate materials from third parties. The inclusion of third-party links on this site may redirect you to websites not affiliated with us. We disclaim responsibility for examining or assessing the content or accuracy of these third-party materials or websites. We do not provide any warranty, and we shall not bear any liability or responsibility for any materials, products, or services offered by third parties.

We hold no liability for any harm or damages arising from the purchase or use of goods, services, resources, content, or any other transactions conducted in connection with third-party websites. It is crucial to carefully review the policies and practices of third parties and ensure a clear understanding before engaging in any transactions. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the respective third party.

9 - USER FEEDBACK AND SUBMISSIONS

If, upon our request or voluntarily, you submit specific content such as contest entries, or provide creative ideas, suggestions, proposals, plans, or other materials through various channels, including online, email, postal mail, or otherwise (collectively referred to as 'comments'), you hereby agree that we have the unrestricted right to edit, copy, publish, distribute, translate, and utilize, without restriction, any comments you send to us in any medium. We are not obligated to (1) keep any comments confidential; (2) provide compensation for any comments; or (3) respond to any comments.

While we may, at our discretion, monitor, edit, or remove content that we deem, in our sole judgment, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or in violation of any party's intellectual property or these Terms of Service, we have no obligation to do so.

By submitting comments, you confirm that they will not infringe upon any third-party rights, including copyright, trademark, privacy, personality, or any other personal or proprietary right. Furthermore, your comments will not contain libelous, unlawful, abusive, or obscene material, nor will they contain any computer virus or malware that could impact the operation of the Service or any related website. You agree not to use a false email address, impersonate someone else, or mislead us or third parties regarding the origin of any comments. You are solely responsible for the accuracy of the comments you make. We disclaim any responsibility and assume no liability for any comments posted by you or any third party.

10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: Privacy Policy This comprehensive document outlines the manner in which we collect, use, and safeguard your personal data, ensuring transparency and addressing any concerns you may have regarding the handling of your information.

Our Privacy Policy encompasses the various aspects of data collection, including the types of information gathered, the purposes for which it is utilized, and the measures in place to protect your privacy. Additionally, the document elucidates your rights regarding the control and management of your personal information.

We encourage you to peruse our Privacy Policy diligently to gain a thorough understanding of how we handle your data, thereby fostering a transparent and secure online experience. If you have any inquiries or require further clarification, do not hesitate to reach out to us through the contact details provided in the Privacy Policy. Your trust and confidence in our commitment to safeguarding your privacy are of paramount importance to us.

11 - ERRORS, INACCURACIES AND OMISSIONS

At times, there may be occurrences of typographical errors, inaccuracies, or omissions in information presented on our site or within the Service. These may pertain to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We retain the right to rectify any such errors, inaccuracies, or omissions. Furthermore, we reserve the authority to modify or update information and cancel orders if any details in the Service or on any associated website are found to be inaccurate, all without prior notice, even after you have submitted your order.

It is important to note that we are not obligated to provide updates, amendments, or clarifications to information in the Service or on any related website, including pricing information, unless required by law. The absence of a specified update or refresh date in the Service or on any related website should not be construed as an indication that all information within the Service or on any associated website has been altered or updated.

12 - PROHIBITED USES

In addition to the restrictions outlined in the Terms of Service, the following activities are expressly prohibited in connection with your use of the site or its content: (a) engaging in any unlawful purpose; (b) soliciting others to participate in or perform unlawful acts; (c) violating any applicable international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) infringing upon our intellectual property rights or those of others; (e) engaging in harassing, abusive, insulting, harmful, defamatory, slanderous, disparaging, intimidating, or discriminatory behavior based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submitting false or misleading information; (g) uploading or transmitting viruses or any other type of malicious code that may affect the functionality or operation of the Service, any related website, other websites, or the Internet; (h) collecting or tracking the personal information of others; (i) engaging in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) using the Service for any obscene or immoral purpose; or (k) interfering with or circumventing the security features of the Service, any related website, other websites, or the Internet. We retain the right to terminate your use of the Service or any related website if you engage in any of these prohibited activities.

13 - WARRANTY DISCLAIMER & LIABILITY LIMIT

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We cannot ensure that the results obtained from the service will be accurate or reliable. You acknowledge and agree that we may, from time to time, remove the service for indefinite periods or cancel it at any time without notice to you.

You expressly acknowledge that your use of or inability to use the service is at your sole risk. The service and all products and services delivered through the service are provided 'as is' and 'as available,' except as expressly stated by us. We make no representations, 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 NeoCurly, 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. This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising from your use of the service or any products procured using the service. It also includes 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 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.

14 - INDEMNIFICATION

You agree to indemnify, defend, and hold NeoCurly, 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. This claim or demand may be 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.

15 - SEVERABILITY

If, by any legal determination, any provision within these Terms of Service is found to be unlawful, void, or unenforceable, it shall still be upheld to the maximum extent allowed by applicable law. The portion deemed unenforceable shall be considered severed from the rest of these Terms of Service. Importantly, such a determination will not compromise the validity or enforceability of the remaining provisions. These unaffected provisions will continue to hold full force and effect, ensuring the overall integrity and functionality of the agreement.

16 - TERMINATION

The obligations and liabilities of the parties incurred before the termination date shall persist even after the termination of this agreement for all intents and purposes. These Terms of Service remain in effect unless and until terminated by either you or us. You have the option to terminate these Terms of Service at any time by informing us that you no longer wish to use our Services, or simply by discontinuing the use of our site.

If, in our sole judgment, you fail to comply with any term or provision of these Terms of Service, or if we suspect such failure, we reserve the right to terminate this agreement at any time without prior notice. In such cases, you will remain responsible for all amounts due up to and including the date of termination. Additionally, we may deny you access to our Services, or any part thereof, as deemed appropriate.

17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service should not be construed as a waiver of such right or provision. These Terms of Service, in conjunction with any policies or operating rules posted by us on this site or related to the Service, establish the complete agreement and understanding between you and us. They govern your utilization of the Service, prevailing over any preceding or concurrent agreements, communications, and proposals—whether conveyed orally or in writing—between you and us, encompassing any earlier versions of the Terms of Service.

It is important to note that any ambiguities in the interpretation of these Terms of Service should not be interpreted against the drafting party. This ensures a fair and impartial understanding of the agreement between you and us.

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 United States.

19 - CHANGES TO TERMS OF SERVICE

You may access the latest version of the Terms of Service on this page at any time. We retain the exclusive right, at our discretion, to modify, alter, or substitute any portion of these Terms of Service by publishing updates and revisions on our website. It is your obligation to routinely inspect our website for modifications. By continuing to use or access our website or the Service subsequent to the publication of any alterations to these Terms of Service, you signify your acceptance of those modifications.

20 - OUR CONTACT INFORMATION

If you have any questions or need clarification regarding our Terms of Service, feel free to contact us at info@neocurly.com. We value your inquiries and strive to furnish the information necessary for a thorough understanding of our terms and conditions. Whether you seek clarification on specific clauses or have general inquiries about our service terms, please reach out to us via email. Your satisfaction and clarity in navigating our Terms of Service are significant to us, and we are here to assist you.

Last updated: March 1, 2024