Terms of service

Overview
Welcome to h2ol! The terms "we," "us," and "our" refer to h2ol. h2ol operates this store and website, including all related information, content, features, tools, products, and services, to provide our customers with a curated shopping experience (the "Service"). h2ol uses Shopify, which enables us to provide the Service to you.
The following terms and conditions, and the policies referenced herein (these "Terms of Use" or "Terms"), explain your rights and responsibilities when using the Service.
Please read these Terms of Use carefully, as they contain 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 Use and our Privacy Policy. If you do not agree to these Terms of Use or the Privacy Policy, do not use or access our Services.

Section 1 - Access and Accounts
. By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence and that you consent to allowing your minor dependents to use the Service on devices owned, purchased, or controlled by you.
To use the Services, including accessing or browsing our online store or purchasing products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our store is accurate, 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 all account activity. You may not transfer, sell, assign, or license your account to anyone else.

SECTION 2 - OUR PRODUCTS
. We make every effort to provide an accurate representation of our products and services in our online store. However, please note that the color and appearance of products may differ from what appears on your screen depending on the type of device you use to access the store and the settings and configuration of your device. We do not guarantee that
the appearance or quality of any products or services you purchase will meet your expectations or be the same as those displayed or presented 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 the quantities of any product we provide to any person, geographic region, or jurisdiction on a case-by-case basis.

Section 3 - Ordering
. By placing an order, you constitute an offer to purchase. h2ol reserves the right to accept or reject your order for any reason, at h2ol's discretion. Your order will not be accepted until h2ol confirms acceptance. Payment must be received and processed before your order can be accepted. Once your order has been accepted, we may not be able to accommodate cancellation requests, so
please carefully review your order before submitting it. If we do not accept, change, or cancel your order, we will contact you using the email address, billing address, and/or phone number you provided when placing your order. Purchased items are subject to return or exchange only in accordance with our Refund Policy [LINK]. You
represent and warrant that the items you purchase are for personal or household use and not for commercial resale or export.

Article 4 - Prices and Billing
. Prices for products or services will be the prices in effect at the time you place your order and will be set forth in your order confirmation email. Unless expressly stated otherwise, the listed price does not include taxes, shipping, handling fees, customs fees, or import duties.
Prices listed on our online store may differ from prices offered in physical stores or at third-party online or other stores. We may offer promotions on the Service from time to time that may affect pricing and are subject to terms separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotional terms will control.
You agree to provide current, complete, and accurate purchase, payment, 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 number and expiration date, so that we can complete your transactions and contact you as needed. You represent and warrant that
(i) the credit card information you provide is true, accurate, and complete; (ii) you are duly authorized to use the credit card at the time of purchase; (iii) charges incurred by you will be authorized by your credit card company; and (iv) you will pay the charges incurred by you at the listed prices, including shipping, handling, and all applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for delays in shipping and delivery. All delivery times are estimates and not guaranteed. We are not responsible for delays caused by carriers, customs clearance, or events outside our control. Title and risk of loss pass to you upon our delivery of the product to the carrier.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services (including, without limitation, all trademarks, brands, text, displays, images, graphics, product reviews, videos, and audio, and the design, selection, and arrangement thereof) are owned by h2ol, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws. These
Terms permit you to use the Services solely for your personal, non-commercial use. You may not copy, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants, or shall be construed as granting, any license or other right under any patent, trademark, copyright, or other intellectual property right of h2ol, 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 h2ol.
The h2ol name, logo, product and service names, designs, and slogans are trademarks of h2ol or its affiliates or licensors. You may not use these trademarks without h2ol's prior written permission. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
. You may be provided with access to customer tools provided by third parties as part of the Services, over which we have no monitoring, control, or 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 whatsoever. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any
use of optional tools offered through the Site is entirely at your own risk and discretion and you should be 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 features through the Service (including the release of new tools and resources). Such new features will also be considered part of the Service and subject to these Terms of Use.

SECTION 8 - THIRD-PARTY LINKS
: The Service may contain materials and hyperlinks (including embedded third-party features) to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you leave the Service to access such materials or third-party sites, you do so at your own risk. We are not liable for
any harm or damage related to your access to third-party websites or the purchase or use of any products, services, resources, or content on third-party websites. Please review and understand the third-party's policies and practices carefully before engaging in any transaction. Please contact the third-party with any complaints, claims, concerns, or questions regarding third-party products and services. SECTION

9 - RELATIONSHIP WITH SHOPIFY
: h2ol uses Shopify to enable us to provide you with our services. However, all sales and purchases made through our store are made directly with h2ol. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sale between you and h2ol, including any injury, damage, or loss resulting from the products and services you purchase. You hereby expressly release Shopify and its affiliates from all claims, damages, and liability arising from or relating to purchases and transactions on h2ol.

Section 10 - Privacy Policy.
All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, available here [LINK] . 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 to you. Information you submit to the Services will be transmitted to and shared with Shopify and third parties, who may be located in countries outside your country of residence, for the purpose of providing the Services to you. For more information about how we, Shopify, and our partners use your personal information, please see our Privacy Policy [LINK].

SECTION 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 media for any purpose, including commercial purposes. We may exercise our rights under this license, for example, to operate, provide, evaluate, enhance, improve, and promote the Services, and to fulfill our obligations and exercise our rights under these Terms of Use.
You also represent and warrant that: (i) you own or otherwise have all necessary rights to all Feedback; (ii) you have disclosed all compensation or incentives received in connection with submitting the Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation (1) to maintain the confidentiality of any Feedback, (2) to pay any compensation for Feedback, or (3) to respond to any Feedback
. We may, but are not obligated to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or violates any third party's intellectual property rights or these Terms of Use.
You agree that your Feedback will not violate any third-party right, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Feedback will not contain libelous, unlawful, abusive, or obscene Feedback, or contain any computer viruses or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS:
Occasionally, information on the Service may contain 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 is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES:
You may access and use the Service only for lawful purposes. You may not access or use the Service, directly or indirectly, for any of the following purposes: (a) for any illegal or malicious purposes; or (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances. (c) to infringe our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, threaten, or harm our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone from using or enjoying the Services, or which, as determined by us, may harm h2ol, Shopify, or users of the Services or expose them to liability.
Additionally, you agree not to: (a) 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 Services; or (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services. (c) harvesting or tracking the personal information of others; (d) spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; or (e) interfering with or circumventing the security features of the Service or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated any part of these Terms.

SECTION 14 - TERMINATION
. We may, in our sole discretion, terminate this Agreement or your access to the Service (or any part thereof) at any time without notice. You will remain liable for all amounts due up to the date of termination.
The following provisions will 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 which by their nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES
. The information provided on or through the Service is for general information purposes only. We do not guarantee the accuracy, completeness, or usefulness of such information. Any reliance you place on such information is at your own risk. We assume no liability whatsoever arising from any reliance placed on such materials by you, any other visitor to the Service, or by anyone who may be informed of its contents.
Except as expressly provided by h2ol, the service and all products delivered to you through the service are provided to you 'as is' and 'as available' 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. We do not guarantee, represent or warrant that your use of the service will be uninterrupted, timely, secure or error-free. Some jurisdictions limit or do not allow the disclaimer of implied warranties or other warranties, so the above disclaimer may not apply to you.

Section 16 - Limitation of Liability
To the maximum extent permitted by law, in no case shall h2ol, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, or 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 your use of any of the Service or any products obtained using the Service, or for 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.

SECTION 17 - INDEMNIFICATION.
You agree to indemnify, defend, and hold harmless h2ol, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any loss, damage, liability, or claim, including reasonable attorneys' fees, made to a third party arising out of or relating to (1) your breach of these Terms of Use or the documents incorporated by reference herein, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the
Services. We will notify you of any indemnified claim, but your failure to provide prompt notice will not relieve you of your obligations unless materially prejudiced by us. We may control the defense and settlement of such claim, including the selection of counsel, at your expense, but will not settle any claim requiring a non-monetary obligation from you without your consent, which will not be unreasonably withheld. You will cooperate with the defense of any indemnified claim, including by providing relevant documentation.

SECTION 18 - SEVERABILITY
. In the event that any provision of these Terms of Use 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 Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - WAIVER. ENTIRE AGREEMENT.
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use 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 Use). Any
ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

SECTION 20 - ASSIGNMENT.
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations hereunder without our prior written consent, and any such attempt shall be void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

Article 21 - Governing Law:
These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the jurisdiction of the federal, state, or territorial courts located in the jurisdiction where h2ol's headquarters are located. You and h2ol consent to venue and personal jurisdiction in such courts. Article

22 - Headings:
The headings used in this agreement are for convenience only and will not limit or otherwise affect these Terms of Use.

Article 23 - Changes to Terms of Use:
You can review the most current version of the Terms of Use 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 Use by posting such updates and changes on our website. It is your responsibility to periodically review our website for changes. In accordance with applicable law, we will notify you of any material changes to these Terms of Use, effective from the date specified in the notice. Your continued use of or access to the Service following the posting of changes to these Terms of Use constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION
If you have any questions about these Terms of Use, please contact us at h2ol@a-pride.com. Our contact details can be found at: h2ol@a-pride.com