Terms of service

OVERVIEW 
This website is operated by Lifestock, Inc. Throughout the site, the terms “we,” “us,” and “our” refer to Lifestock, Inc. Lifestock makes available to you this website, and certain products and services, including all information, tools, and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. 

By visiting our website 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 website or of the Service, you agree to be bound by these Terms of Service. If you do not agree to all provisions of these Terms of Service, then you are not allowed to 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. 

SECTION 18 OF THESE TERMS OF SERVICE INCLUDE A BINDING ARBITRATION CLAUSE, A WAIVER OF YOUR RIGHT TO FILE A LAWSUIT AND OF YOUR RIGHT TO A TRIAL BY JURY, AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS.  THESE ARE IMPORTANT RIGHTS THAT YOU CHOOSE TO WAIVE WHEN YOU ENTER INTO THESE TERMS OF SERVICE.  PLEASE REVIEW SECTION 18 BEFORE YOU CHOOSE TO USE THE SERVICE OR WEBSITE, OR TO PURCHASE OR OTHERWISE RECEIVE ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICE.

Any new features or tools which are added to our 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 these Terms of Service periodically for changes. Your continued use of or access to the website and/or of the Services 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. 

Upon any breach or violation of any of these Terms of Service by you, we reserve the right to immediately suspend or terminate your Services in whole or in part. 

SECTION 2 — GENERAL CONDITIONS 
We reserve the right to refuse service to you and anyone else 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 by us or our vendors during transfer thorough the Service. 

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 these Terms of Service 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 website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website. 

SECTION 4 — MODIFICATIONS TO THE SERVICE AND PRICES 
Prices for our Services, including all products and services that we make available to you through our Services, are subject to change without notice. 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof), and any and all products and services that we make available to you through the Services, without notice at any time. 

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service or of any products and services that we make available to you through the Services. 

SECTION 5 — PRODUCTS OR SERVICES (if applicable) 
Certain products or services may be available exclusively online through the Services. 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 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 quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product and/or service 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, at 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, and you give us permission to do so. 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. 

 You give us permission to charge any payment method we have on file for you (including any credit card, debit card, or ACH account that you provided to us) for any amounts that you owe us for transactions that you make through the Services.  You can revoke this permission by contacting us via email at the address provided in Section [20] of these Terms of Service, in which case all payments owed to us at that time become immediately due, and we reserve the right to discontinue all Services and stop further delivery of all products and services until you pay any amounts that you owe to us at that time.

For more detail, please review our Returns Policy. 

SECTION 7 — OPTIONAL TOOLS 
We may provide you with access to third-party tools which we neither monitor nor have any control over nor input on. 

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 and 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 is 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. View our Privacy Policy here. 

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 website or 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 website or Service will be accurate or reliable. 

You agree that, from time to time, we may remove the website and/or Service for indefinite periods of time or cancel the website and/or Service at any time, in whole or in part, without notice to you. 

YOUR USE OF THE SERVICE, WEBSITE, AND ALL PRODUCTS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SERVICE, ARE ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THESE TERMS OF SERVICE, THE SERVICE, WEBSITE, AND ALL PRODUCTS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED "AS IS."  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES, OR THAT THE SERVICE, WEBSITE, OR ANY PRODUCTS OR SERVICES MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE FIT FOR A PARTICULAR PURPOSE.  WE AND OUR AFFILIATED ENTITIES DO NOT WARRANT THAT THE SERVICE, WEBSITE, DATA PROCESSED THROUGH THE SERVICE AND WEBSITE, OR ANY PRODUCTS OR SERVICES MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE SECURE, ACCURATE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION.  IF ANY OF THESE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU OR ARE VOID WITH RESPECT TO YOU UNDER ANY APPLICABLE LAWS OR REGULATIONS, THE RESPECTIVE WARRANTIES THAT CANNOT BE EXCLUDED ARE LIMITED TO THE SHORTEST PERIOD PERMITTED BY THOSE LAWS AND REGULATIONS.

 WE AND OUR AFFILIATES DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE WEBSITE, SERVICE, OR ANY PRODUCTS OR SERVICES MADE AVAILABLE TO YOU THROUGH THE SERVICE WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AND CUMULATIVE LIABILITY, TOGETHER WITH THE TOTAL AND CUMULATIVE LIABILITY OF OUR AFFILIATES, FOR ALL CLAIMS, BREACHES AND ALL OTHER LIABILITIES ARISING OUT OF OR OTHERWISE RELATING TO THESE TERMS OF SERVICE, WEBSITE, SERVICE, AND ALL PRODUCTS OR SERVICES MADE AVAILABLE TO YOU THROUGH THE SERVICE, TO YOU AND TO ALL OTHER PARTIES DIRECTLY OR INDIRECTLY AFFILIATED WITH YOU, SHALL BE LIMITED AT EACH POINT IN TIME TO THE NET AMOUNT THAT WE RECEIVED FROM YOU FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH POINT IN TIME.  EXCEPT TO THE EXTENT THAT APPLICABLE LAWS DO NOT PERMIT THIS DISCLAIMER, WE AND OUR AFFILIATES ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; AND (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, DATA CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, LOSS OF REVENUE, OR LOSS OF PROFITS OR INVESTMENT. 

 THE ABOVE LIMITATIONS AND DISCLAIMERS IN THIS SECTION 13 APPLY EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS, LIABILITIES, BREACHES OR DAMAGES.  THESE TERMS OF SERVICE SETS FORTH OUR ENTIRE LIABILITY, AND THE ENTIRE LIABILITY OF OUR AFFILIATES, AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICE, WEBSITE, ALL PRODUCTS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SERVICE, AND THESE TERMS OF SERVICE.

SECTION 14 — INDEMNIFICATION 
You agree to indemnify, defend, and hold harmless THIS PKN 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 these Terms of Service 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 these Terms of Service 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. 

Except to the extent that you and us have entered into a separate written agreement that governs your use of the Service or of any products or services provided to you through the Service, where such written agreement expressly overrides these Terms of Service, 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 governs your use of the Service and website; 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 — DISPUTES AND GOVERNING LAW 
STATE LAW GOVERNS THESE TERMS OF SERVICE WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS.

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS OF SERVICE, WEBSITE, SERVICE, AND/OR ALL PRODUCTS OR SERVICES MADE AVAILABLE TO YOU THROUGH THE SERVICE WILL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION, RATHER THAN IN COURT. The Federal Arbitration Act governs the interpretation and enforcement of this provision, and the arbitrator shall apply [Texas] law to all other matters.  Notwithstanding anything to the contrary, either party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. 

WE AND YOU AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  BY ENTERING INTO THESE TERMS OF SERVICE AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND US ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY.  IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS.  YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS. 

To begin an arbitration proceeding under these Terms of Service, send an email to the address in Section 20 of these Terms of Service requesting arbitration and describing your claim.  Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA's rules, which are available at www.adr.org.  THE ARBITRATION WILL TAKE PLACE IN [AUSTIN, TEXAS] Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA's rules, but if you are unable to pay any of them, we will pay them for you (but not your legal fees (if any), which you must pay as part of your arbitration proceedings).  The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. 

This Section 18 will survive any expiration, termination or rescission of these Terms of Service.

YOU ACKNOWLEDGE AND AGREE THAT WE WOULD NOT PROVIDE TO YOU THE SERVICE, WEBSITE, OR ANY PRODUCT OR SERVICE MADE AVAILABLE TO YOU THROUGH THE SERVICE ON THE TERMS AND IN THE FORM OFFERED TO YOU UNDER THESE TERMS OF SERVICE IF YOU HAD NOT AGREED TO THE APPLICABLE LAW, ARBITRATION AND WAIVER OF CLASS ACTION RIGHTS ABOVE IN THIS SECTION 18.

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 hello@thispkn.com.

SECTION 21 — OTHER TERMS 
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Service.

You cannot assign or transfer these Terms of Service or any rights or obligations that you have under these Terms of Service to anyone without our written approval, except to the extent that you are an entity and all or substantially all of your stock, assets or business are acquired by another entity, in which case you may assign these Terms of Service to that entity provided that you give us notice within thirty (30) days after that acquisition.  We may assign or transfer these Terms of Service at any time, in whole or in part, without notice to you, to any party. 

Questions about the Terms of Service should be sent to us at hello@thispkn.com.