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Terms of service
OVERVIEW
Welcome to CarUpgraders! The terms “we,” “us,” and “our” refer to CarUpgraders. CarUpgraders operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the “Services”). CarUpgraders is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, including any policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully. They contain important information about your legal rights and cover topics such as disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you may not access or use our Services.
ARTICLE 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority under the laws of the state or province in which you reside, and that you have given us your consent to allow any of your minor dependents to use the Services on devices that you own, purchase, or manage.
To use the Services, including visiting or browsing our online stores or purchasing products or services offered by us, we may ask you to provide certain information, such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to anyone else.
ARTICLE 2 - OUR PRODUCTS
We strive to provide as accurate a description as possible of our products and services in our online stores. However, please note that the colors and appearance of a product may differ from how they appear on your screen. This may be due to the type of device you use to access the store and the device’s settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match the display or description in our online store.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit quantities offered per person, geographic region, or jurisdiction on a case-by-case basis.
ARTICLE 3 - ORDERS
When you place an order, you are making an offer to purchase. CarUpgraders reserves the right to accept or reject your order at its sole discretion for any reason. Your order is not accepted until CarUpgraders confirms it. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it. CarUpgraders may be unable to honor cancellation requests after an order has been accepted. If we do not accept an order, modify it, or cancel it, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at checkout.
You may return or exchange purchases only in accordance with our refund policy [LINK].
You represent and warrant that your purchases are for personal or household use only and not for commercial resale or export.
ARTICLE 4 - PRICING AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service is the price in effect at the time the order is placed. This price will be shown in the confirmation email you receive after placing your order. Unless expressly stated otherwise, listed prices do not include taxes, shipping charges, handling fees, customs duties, or import fees.
Prices displayed in our online stores may differ from prices in physical stores or in online stores or other stores operated by third parties. From time to time, we may offer promotions for the Services that may affect pricing and may be subject to separate terms and conditions. If there is a conflict between promotion terms and these Terms, the promotion terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. 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 if needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete; (ii) you are authorized to use the credit card for purchases; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay the charges incurred by you at the prices displayed, including shipping charges, handling fees, and all applicable taxes, where applicable.
ARTICLE 5 - SHIPPING AND DELIVERY
We are not liable for delays in shipping or delivery. All delivery times provided are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs clearance, or events beyond our control. Title and risk of loss transfer to you once we hand the products over to the carrier.
ARTICLE 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are owned by CarUpgraders, its affiliates, or its licensors, and are protected by patent, copyright, and intellectual property laws in the United States and other countries.
These Terms allow you to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly provided in these Terms, nothing in these Terms grants you any license or other rights under any patent, trademark, copyright, or other intellectual property of CarUpgraders, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by CarUpgraders.
The names, logos, product names, service names, design elements, and slogans of CarUpgraders are trademarks of CarUpgraders or its affiliates or licensors. You may not use such trademarks without CarUpgraders’ prior written consent. The name, logo, product names, service names, design elements, and slogans of Shopify are trademarks of Shopify. All other names, logos, product names, service names, design elements, and slogans within the Services are trademarks of their respective owners.
ARTICLE 7 - OPTIONAL TOOLS
You may be given access to customer tools offered by third parties as part of the Services. We do not monitor these tools and have no control over or input into them.
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 endorsement. We are not liable for any harm or damages arising from or relating to your use of optional third-party tools.
Your use of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms under which the relevant third-party provider(s) supply these tools.
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features will also be considered part of the Services and will be subject to these Terms of Service.
ARTICLE 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you decide to leave the Services to access third-party materials or sites, you do so at your own risk.
We are not liable for any harm or damages related to your visit to third-party websites, or your purchase or use of products, services, resources, or content from third-party websites. Please review the third party’s policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.
ARTICLE 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANTS: This section accurately describes Shopify’s relationship with your store and must not be removed or modified.]
CarUpgraders uses Shopify to provide the Services to you. However, all sales and purchases you make in our store are made directly with CarUpgraders. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and CarUpgraders, including any injury, damage, or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases from and transactions with CarUpgraders.
ARTICLE 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which you can review here [LINK]. Certain personal information may also be subject to Shopify’s Privacy Policy, which you can review here. By using the Services, you acknowledge that you have read the applicable Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve them. Information you submit through the Services will be transferred to and shared with Shopify, as well as with third parties that may be located in countries other than where you live, in order to provide Services to you. Please see our Privacy Policy [LINK] for more information about how we, Shopify, and our partners use your personal information.
ARTICLE 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. For example, we may use this license to operate, provide, evaluate, improve, and promote the Services and to comply with our obligations and exercise our rights under these Terms.
You further represent and warrant that (i) you own all Feedback or have all necessary rights to provide it; (ii) you have disclosed any compensation or incentives you received related to your submission of Feedback; and (iii) your Feedback complies with these Terms. We are not obligated to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may, but are not required to, monitor, edit, or remove Feedback that we determine in our sole discretion is unlawful, offensive, threatening, defamatory, abusive, pornographic, obscene, or otherwise objectionable, or violates any party’s intellectual property or these Terms.
You agree that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy rights, publicity rights, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory 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 Services or any related website. You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you submit and its accuracy. We are not responsible and assume no liability for Feedback posted by you or any third party.
ARTICLE 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information in or on the Services 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. We may also cancel orders if any information is inaccurate, at any time and without prior notice (including after you have submitted your order).
ARTICLE 13 - PROHIBITED USE
You may use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or harmful activity; (b) to violate any international, national, federal, provincial, or local laws, regulations, rules, or ordinances; (c) to infringe our intellectual property rights or the rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate our employees or others; (e) to submit false or misleading information; (f) to knowingly transmit, receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to send or procure the sending of advertising or promotional material, including junk mail, chain letters, spam, or similar solicitations; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use of the Services, or which, as determined by us, may harm CarUpgraders, Shopify, or users of the Services, or expose them to liability.
You also agree not to: (a) upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services, related websites, other websites, or the internet. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine you have violated any provision of these Terms.
ARTICLE 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without notice. You remain liable for all amounts due up to and including the date of termination.
The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
ARTICLE 15 - DISCLAIMER OF WARRANTIES
Information provided on or through the Services is made available for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of such information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising