OVERVIEW
Welcome to Prideishere! The terms “we”, “us” and “our” refer to Prideishere. Prideishere operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). Prideishere is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty 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. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
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, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services—including accessing or browsing our online store or purchasing any products or services—you may be asked to provide certain information (e.g., email address, billing, payment, and shipping information). You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We make every effort to accurately represent our products and services. However, colors or product appearance may differ from how they appear on your screen due to your device and settings.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered 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 any product at any time and may limit quantities offered to any person, geographic region, or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Prideishere reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Prideishere confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the email, billing address, and/or phone number provided at checkout.
Your purchases are subject to return or exchange solely in accordance with our Refund/Return Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.
Prices on our website may differ from prices offered elsewhere. Promotions may be governed by separate terms; if there is a conflict, the promotion terms control.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You agree to promptly update information (including email address, credit card numbers, and expiration dates) so we can complete your transactions and contact you as needed.
You represent and warrant that: (i) the payment information you provide is true, correct, and complete; (ii) you are duly authorized to use such payment method; (iii) charges incurred by you will be honored by your payment provider; and (iv) you will pay charges incurred by you at the posted prices, including shipping/handling and all applicable taxes.
SECTION 5 - SHIPPING AND DELIVERY
Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you.
SECTION 6 - INTELLECTUAL PROPERTY
The Services—including all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof—are owned by Prideishere, its affiliates, or licensors and are protected by U.S. and foreign intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display or perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly provided, nothing herein grants any license under any patent, trademark, copyright, or other intellectual property of Prideishere, Shopify, or any third party. All rights not expressly granted are reserved.
Prideishere’s names, logos, product and service names, designs, and slogans are trademarks of Prideishere or its affiliates or licensors. You must not use such trademarks without prior written permission. Shopify’s names and marks are trademarks of Shopify. Other names, logos, and marks are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided access to customer tools offered by third parties as part of the Services, which we neither monitor nor control.
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 shall have no liability 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 you are familiar with and approve the terms on which tools are provided by the relevant third-party provider(s).
We may also offer new features (including new tools and resources) in the future; such features are part of the Services and subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and links to websites provided or operated by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of such materials or sites. If you leave the Services to access third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of third-party websites, or your purchase or use of any products, services, resources, or content on third-party websites. Review the third party’s policies and practices before any transaction. Complaints or questions regarding third-party products and services should be directed to that third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Note to customers: This section describes Shopify’s relationship with our store.
Prideishere is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Prideishere. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Prideishere, 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 and transactions with Prideishere.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify’s Privacy Policy (available on Shopify’s site). By using the Services, you acknowledge that you have read these privacy policies.
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 the Services for you. Information you submit will be transmitted to and shared with Shopify and certain third parties (which may be located in other countries) to provide services to you. Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit 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.
You represent and warrant that: (i) you own or have the necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We have no obligation to (1) maintain Feedback in confidence; (2) pay compensation; or (3) respond.
We may, but have no obligation to, monitor, edit, or remove Feedback we determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party’s intellectual property or these Terms.
You agree your Feedback will not violate the rights of any third party and will not contain unlawful or harmful content or malware. You may not mislead us or others as to the origin of any Feedback. You are solely responsible for your Feedback and its accuracy. We assume no liability for any Feedback posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
From time to time, there may be information on the Services that contains typographical errors, inaccuracies, or omissions (e.g., product descriptions, pricing, promotions, offers, shipping charges, transit times, availability). We reserve the right to correct, change, or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may use the Services for lawful purposes only. You may not use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any laws; (c) to infringe upon intellectual property rights; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any person; (e) to transmit false or misleading information; (f) to send or upload material that violates these Terms; (g) to send any advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or similar solicitations; (h) to impersonate any person or entity; or (i) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services or exposes Prideishere, Shopify, or users to liability.
You also agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent security features of the Services or the Internet. We may suspend, disable, or terminate your account without notice if we determine you violated these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will 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.
SECTION 15 - DISCLAIMER OF WARRANTIES
Information presented on or through the Services is made available for general information only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance is at your own risk. We disclaim all liability arising from any reliance by you or others.
EXCEPT AS EXPRESSLY STATED BY PRIDEISHERE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow certain disclaimers, so the above may not apply to you.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL PRIDEISHERE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, 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 OR RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Prideishere, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims (including reasonable attorneys’ fees) payable to any third party due to or arising out of: (1) your breach of these Terms or referenced documents; (2) your violation of any law or third-party rights; or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim (failure to promptly notify does not relieve your obligations unless materially prejudiced). We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense, including providing relevant documents.
SECTION 18 - SEVERABILITY
If any provision of these Terms is unlawful, void, or unenforceable, such provision shall be enforced to the fullest extent permitted by law and the unenforceable portion deemed severed. The remainder remains in full force and effect.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision shall not constitute a waiver.
These Terms and any policies or operating rules posted by us on the site or with respect to the Services constitute the entire agreement between you and us and supersede any prior or contemporaneous agreements, communications, and proposals (oral or written). Any ambiguities shall not be construed against the drafting party.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer, or assign these Terms or any rights or obligations without our prior written consent; any attempt is null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice.
SECTION 21 - GOVERNING LAW
These Terms and any separate agreements for Services shall be governed by and construed in accordance with the laws and courts of the jurisdiction where Prideishere is headquartered. You and Prideishere consent to venue and personal jurisdiction in such courts.
SECTION 22 - HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We may update or change these Terms by posting updates to our website. It is your responsibility to check for changes. We will notify you of any material changes as required by law; changes are effective on the date specified in the notice. Your continued use of the Services following any changes constitutes acceptance.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@prideishere.com
