Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Cover Guard Textiles. The terms "we," "us," and "our" refer to Cover Guard Textiles. Cover Guard Textiles operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a shopping experience (the "Services"). Cover Guard Textiles is powered by Shopify, which enables us to provide the Services to you.

The following 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 our 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 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 of the products or services we offer, you may be asked to provide certain information, such as your email address, billing information, payment information, and shipping information. You represent and warrant that all information you provide to us is accurate, current, and complete and that you have all rights necessary to provide this information.

If you create an account with us, you are responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to provide accurate descriptions and representations of the products offered through our online store. However, colors, textures, and product appearance may vary depending on your device, screen settings, lighting, and other factors.

Product descriptions, specifications, pricing, availability, and other information may be changed or updated at any time without notice. We reserve the right to discontinue any product at any time and may limit the quantities of products we offer to any person, geographic region, or jurisdiction.

We do not guarantee that the products, services, information, or other materials available through the Services will meet your particular expectations or requirements.

SECTION 3 - ORDERS

When you place an order through our store, you are making an offer to purchase the products in your order. Cover Guard Textiles reserves the right to accept, decline, limit, or cancel any order for any reason, including but not limited to product availability, pricing errors, suspected fraud, or other circumstances that we determine require cancellation.

Your order is not accepted until Cover Guard Textiles confirms acceptance of your order. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after an order has been accepted or entered into processing.

If we decline, change, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided with the order.

Purchases are subject to our Return & Refund Policy.

We reserve the right to refuse or cancel orders that appear to be placed for fraudulent, unauthorized, or unlawful purposes.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product will generally be the price displayed at the time the order is placed and will be included in your order confirmation.

Unless otherwise stated, posted prices do not necessarily include applicable sales taxes, shipping charges, handling charges, or other applicable fees. Applicable taxes and shipping charges will be displayed during checkout when applicable.

Prices offered through our online store may differ from prices offered by third-party retailers or other sellers.

We may offer promotions or discounts from time to time. Promotional offers may be subject to additional terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotion-specific terms will control for that promotion.

You agree to provide current, complete, and accurate purchase and payment information for all purchases made through our store. You agree to promptly update information, including your email address and payment information, so that we can complete your transactions and contact you when necessary.

You represent and warrant that you are authorized to use the payment method provided for your purchase and that you will pay all charges associated with your order, including applicable taxes and shipping charges.

SECTION 5 - SHIPPING AND DELIVERY

We will make reasonable efforts to process and ship orders within the processing times stated on our website or during checkout.

Delivery dates and shipping times are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, weather, customs processing, incorrect or incomplete shipping information provided by the customer, or other circumstances outside our reasonable control.

If your order is damaged, defective, missing, or incorrect upon delivery, please contact us as soon as possible at sales@coverguardtextiles.com so that we can review the issue and determine the appropriate resolution in accordance with our Return & Refund Policy.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to our trademarks, brand names, text, displays, images, graphics, product reviews, videos, audio, product descriptions, and the design, selection, and arrangement of these materials, are owned by Cover Guard Textiles, its affiliates or licensors, and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes and for legitimate shopping purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, or otherwise exploit material from the Services without our prior written consent, except as permitted by applicable law.

Nothing in these Terms grants you any license or other rights to use the trademarks, copyrights, patents, or other intellectual property of Cover Guard Textiles, Shopify, or any third party except as expressly provided in these Terms.

Cover Guard Textiles' names, logos, product names, designs, and slogans are trademarks of Cover Guard Textiles or their respective owners. You may not use our trademarks without our prior written permission.

Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Services are the property of their respective owners.

SECTION 7 - OPTIONAL TOOLS

We may provide access to certain third-party tools or services as part of the Services. We do not necessarily monitor, control, or have input into such third-party tools.

Any third-party tools are provided on an "as is" and "as available" basis, without warranties or representations of any kind to the extent permitted by applicable law.

Your use of third-party tools is at your own risk and may be subject to the terms and conditions of the applicable third-party provider.

We may introduce new features, tools, or resources in the future. Any new features or tools will also be considered part of the Services and will be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links or other functionality provided by third parties. We are not responsible for examining or evaluating the content, accuracy, availability, or practices of third-party websites or services.

If you choose to access third-party websites or services, you do so at your own risk.

We are not responsible for any loss, damage, or other issues arising from your access to or use of third-party websites, products, services, resources, or content.

You should review the policies and terms of any third-party website before engaging in a transaction with that third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Cover Guard Textiles 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 Cover Guard Textiles.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Cover Guard Textiles, including any injury, damage, or loss resulting from purchased products or services.

You hereby expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with Cover Guard Textiles, to the extent permitted by applicable law.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy.

By using the Services, you acknowledge that you have reviewed our Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in accordance with Shopify's applicable privacy policies.

Information submitted through the Services may be transmitted to and processed by Shopify and third-party service providers that help us operate our store and provide services to you.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, photographs, or other content to us ("Feedback"), you grant Cover Guard Textiles a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in connection with operating, providing, evaluating, improving, and promoting the Services.

You represent and warrant that you own or otherwise have the necessary rights to submit the Feedback and that your Feedback does not violate the rights of any third party or applicable law.

We are not obligated to maintain Feedback in confidence, provide compensation for Feedback, or respond to Feedback.

We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, in our discretion, violates these Terms or applicable law or is otherwise inappropriate.

You are solely responsible for the Feedback you submit and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on or through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, or other information.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

We also reserve the right to cancel or modify an order if information was inaccurate at the time the order was placed, including after an order has been submitted.

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not use the Services:

(a) for any unlawful, fraudulent, malicious, or unauthorized purpose;

(b) to violate any applicable federal, state, or local law or regulation;

(d) to harass, abuse, threaten, defame, intimidate, or harm any person;

(e) to transmit false, misleading, or fraudulent information;

(f) to transmit viruses, malware, or other harmful code;

(g) to send spam, phishing attempts, or other unauthorized communications;

(h) to impersonate another person or entity;

(i) to interfere with or disrupt the operation or security of the Services;

(j) to collect or track personal information belonging to other users without authorization;

(k) to use automated systems, bots, scraping tools, or similar methods to access or extract information from the Services in a manner that violates these Terms or our technical restrictions; or

(l) to circumvent or interfere with security measures, access controls, or other restrictions implemented by us or our service providers.

We reserve the right to suspend or terminate access to the Services if we determine that you have violated these Terms or applicable law.

SECTION 14 - AGENTS

14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device without direct supervision.

14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in Section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any Service.

14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by mimicking human behavior or completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans; (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer; and (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, and interact with the Services.

SECTION 15 - TERMINATION

We may terminate or suspend your access to the Services, or any portion of the Services, if you violate these Terms or applicable law, or as otherwise permitted by law.

You remain responsible for all amounts due up to and including the date of termination.

The following sections will continue to apply following termination to the extent applicable: Intellectual Property, Feedback, 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.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is provided for general information purposes. We do not warrant that such information is accurate, complete, or current in all circumstances.

EXCEPT AS EXPRESSLY STATED BY COVER GUARD TEXTILES, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, 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.

NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY WARRANTY OR CONSUMER RIGHT THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COVER GUARD TEXTILES, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, SAVINGS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

THIS LIMITATION APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW AND DOES NOT EXCLUDE OR LIMIT LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Cover Guard Textiles, Shopify, and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from claims, losses, damages, liabilities, and reasonable attorneys' fees arising from or related to:

(1) your violation of these Terms;

(2) your violation of applicable law or the rights of a third party; or

(3) your misuse of or unauthorized access to the Services.

We will provide reasonable notice of any indemnifiable claim. We may participate in or control the defense and settlement of the claim, subject to applicable law.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the unenforceable portion will be deemed severed from these Terms. The remaining provisions will remain in full force and effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with our policies referenced herein, constitute the entire agreement between you and Cover Guard Textiles concerning your use of the Services and supersede prior agreements, communications, and proposals concerning the Services.

Any ambiguities in the interpretation of these Terms will not automatically be construed against either party.

SECTION 21 - ASSIGNMENT

You may not transfer, assign, or delegate these Terms or any of your rights or obligations under these Terms without our prior written consent.

We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice, to the extent permitted by law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services will be governed by and construed in accordance with the laws of the State of Ohio, without regard to conflict-of-law principles, to the extent permitted by applicable law.

Any disputes arising out of or relating to these Terms or the Services will be subject to the jurisdiction of the applicable state or federal courts located in Ohio, unless applicable law requires otherwise.

SECTION 23 - HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO 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, in our discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website.

It is your responsibility to check this page periodically for changes. We will notify you of material changes when required by applicable law.

Your continued use of or access to the Services following the posting of changes to these Terms constitutes acceptance of those changes, to the extent permitted by applicable law.