Terms of service

Terms of Service

Overview

Richard Manly operates this website. Throughout the site, the terms “we,” “us,” and “our” refer to Richard Manly. By using this website, you agree to the terms, conditions, policies, and notices outlined here. Your use of our services constitutes acceptance of these terms. When you visit our site or make a purchase, you are engaging in our “Service” and are bound by the Terms of Service detailed here, including any additional terms and policies referenced. These terms apply to all users, including browsers, vendors, customers, merchants, and contributors. Please carefully read these Terms of Service before using our website. If you do not agree to these terms, you may not access the website or use our services. Any new features or tools added to the site will also be subject to these Terms of Service. You can review the most current version of the terms on this page. We reserve the right to update or change any part of these terms by posting updates on our website. It is your responsibility to check for changes. Your continued use of the website following any updates constitutes acceptance of the changes. Our store is hosted by Shopify Inc., which provides the e-commerce platform allowing us to sell our products and services to you.

           

Section 1- Online Store terms

By accepting these Terms of Service, you confirm that you are either of the legal age of majority in your state or province of residence, or that you have reached the legal age of majority and have provided consent for any minor dependents to use this site. Our products may not be used for any illegal or unauthorized purpose, and you agree not to violate any laws in your jurisdiction, including copyright laws, while using the Service. You are prohibited from transmitting any worms, viruses, or any code of a destructive nature. Violation of any of these terms will result in the immediate termination of your Services.Top of Form

Section 2 General Conditions

We retain the right to decline service to anyone at our discretion, without needing to provide a reason at any time. You acknowledge that your content (excluding credit card details) may be transferred without encryption and may involve (a) transmissions over various networks; and (b) alterations to meet technical requirements of connecting networks or devices. However, credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, its usage, or access to it, including any contact on the website through which the service is provided, without our explicit written consent. The headings in this agreement are included for convenience only and will not limit or otherwise impact these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We want to make it clear that while we strive to provide accurate, complete, and up-to-date information on this site, we cannot guarantee its absolute accuracy. The material presented here serves as general information and should not be the sole basis for decision-making. It's important to consult primary, more accurate, complete, or timely sources before making any significant decisions. Your reliance on the information provided here is at your own discretion and risk. Occasionally, this site may include historical information for reference purposes. However, please note that historical information may not always reflect the current situation. We reserve the right to modify the content of this site at any time, but we are not obligated to update it. We urge you to take responsibility for monitoring any changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

The prices of our products may change without prior notice. We retain the right to adjust or terminate the Service, or any part of it, at any time without prior notice. We are not liable to you or any third party for any modifications, price adjustments, suspensions, or discontinuations of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may only be available online via our website. These items may have limited quantities and are eligible for return or exchange in accordance with our Return Policy. We have taken great care to accurately represent the colors and images of our products on the store. However, we cannot guarantee that your computer monitor will display colors accurately.

While we reserve the right to limit the sale of our products or services to certain individuals, regions, or jurisdictions, we are not obligated to do so. This decision may be made on a case-by-case basis. Additionally, we reserve the right to limit the quantities of products or services offered. Descriptions and pricing of products are subject to change at any time without notice, solely at our discretion. We also reserve the right to discontinue any product at any time. Any offers for products or services on this site are void where prohibited.

We cannot guarantee that the quality of products, services, information, or other materials acquired through the Service will meet your expectations, nor can we guarantee that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We retain the authority to reject any orders placed with us. We may, at our discretion, restrict or cancel quantities purchased per person, household, or order. Such limitations may apply to orders made under the same customer account, credit card, or billing and/or shipping address. If we modify or cancel an order, we will make reasonable efforts to inform you via the email address or billing address/phone number provided during the order placement. We also reserve the right to limit or refuse orders that, in our sole judgment, seem to originate from dealers, resellers, or distributors. You agree to furnish current, accurate, and complete purchase and account information for all transactions made on our store. It is your responsibility to promptly update your account and other details, such as email address, credit card numbers, and expiration dates, to facilitate transactions and communication.

For further information, please refer to our Returns Policy.

 

SECTION 7 - OPTIONAL TOOLS

We may grant you access to third-party tools, which we neither monitor nor control, nor have any input over. You acknowledge and agree that such tools are provided "as is" and "as available," without any warranties, representations, or conditions of any kind, and without our endorsement. We assume no liability for any issues arising from or related to your use of optional third-party tools. Your use of any optional tools provided through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms set forth by the relevant third-party provider(s). Additionally, we may introduce new services and features through the website in the future, including the release of new tools and resources. Such additions will also be subject to these Terms of Service.

 

SECTION 8 - THIRD-PARTY LINKS

Some content, products, and services accessible through our Service may contain materials from third parties. Links to third-party websites on this site may redirect you to sites that are not affiliated with us. We do not assume responsibility for reviewing or assessing the content or accuracy of these third-party materials or websites, nor do we provide any warranties or assume liability for them. We are not accountable for any damages or harm resulting from the purchase or use of goods, services, resources, content, or any other transactions conducted through third-party websites. Before engaging in any transactions, it is important to carefully review the policies and practices of the third party involved. Any complaints, claims, concerns, or questions regarding third-party products should be addressed directly to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, upon our request, you submit certain specific entries (such as contest entries), or if you voluntarily send creative ideas, suggestions, proposals, plans, or other materials, whether through online channels, email, postal mail, or any other means (collectively referred to as "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you provide to us. We are not obligated to (1) keep any comments confidential, (2) provide compensation for any comments, or (3) respond to any comments. While we reserve the right to monitor, edit, or remove content that, in our sole discretion, is deemed unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service, we have no obligation to do so.

You agree that your comments will not infringe upon the rights of any third party, including copyright, trademark, privacy, personality, or any other personal or proprietary rights. Furthermore, you agree that your comments will not contain any libelous or otherwise unlawful, abusive, or obscene material, or any computer viruses or malware that could disrupt the operation of the Service or any related website. You may not use a false email address, impersonate another individual, or otherwise mislead us or third parties regarding the origin of any comments. You are solely responsible for the accuracy of any comments you make. We do not assume any responsibility or liability for any comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION
The submission of your personal information through the store is regulated by our Privacy Policy. You can review our Privacy Policy by visiting the Privacy Policy Page.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
From time to time, you may come across typographical errors, inaccuracies, or omissions in the information provided on our site or within the Service. These may include errors in product descriptions, pricing, promotions, offers, shipping charges, transit times, and product availability. We reserve the right to correct any such errors, inaccuracies, or omissions, and to modify or update information or cancel orders if necessary, without prior notice (even after an order has been submitted). We are not under any obligation to update, amend, or clarify information in the Service or on any associated website, including pricing information, unless required by law. The absence of a specified update or refresh date in the Service or on any associated website does not imply that all information therein has been modified or updated.

SECTION 12 - PROHIBITED USES
Apart from the prohibitions outlined in the Terms of Service, you are not allowed to use the site or its content: (a) for unlawful purposes; (b) to encourage others to engage in unlawful activities; (c) to breach any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to violate our intellectual property rights or the rights of others; (e) to engage in harassing, abusive, insulting, harmful, defamatory, slanderous, disparaging, intimidating, or discriminatory behavior based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to provide false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that could affect the functionality or operation of the Service, related websites, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to engage in spamming, phishing, farming, pretexting, spidering, crawling, or scraping; (j) for any obscene or immoral purposes; or (k) to disrupt or bypass the security features of the Service, related websites, other websites, or the Internet. We reserve the right to terminate your use of the Service or related websites if you violate any of these prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We cannot guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. Nor can we guarantee that the results obtained from the service will be accurate or reliable. You acknowledge that we may occasionally remove the service for indefinite periods of time or cancel it at any time, without prior notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through it are provided "as is" and "as available," except as expressly stated by us, without any representation, warranties, or conditions of any kind, whether express or implied, including but not limited to the implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no event shall Richard Manly, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors 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 the service or any products procured through the service, or for any other claim related in any way to your use of the service or any product, including but not limited to 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. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold Richard Manly, our parent company, 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, brought by any third party due to or arising from your violation of these Terms of Service or any documents referenced within them, or your infringement upon any law or the rights of a third party.

 

SECTION 15 – SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, it will still be enforced to the fullest extent permitted by law, and the unenforceable part will be considered severed from these Terms of Service. This determination will not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The responsibilities and liabilities of the parties that arise before the termination date will persist even after the termination of this agreement for all intents and purposes.

These Terms of Service will remain effective unless and until terminated by either party. You can terminate these Terms of Service at any time by informing us that you no longer wish to use our Services, or by discontinuing the use of our site.

If, in our sole judgment, you fail to comply with any term or provision of these Terms of Service, or if we suspect such failure on your part, we may terminate this agreement at any time without prior notice. In such a case, you will still be responsible for all amounts owed up to and including the termination date, and we may deny you access to our Services (or any part thereof) accordingly.

 

SECTION 17 - ENTIRE AGREEMENT

Our failure to enforce any right or provision of these Terms of Service does not waive that right or provision. These Terms of Service, along with any policies or operating rules posted by us on this site or concerning the Service, represent the complete agreement between you and us and govern your use of the Service. They replace any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any previous versions of the Terms of Service). Any ambiguities in interpreting these Terms of Service will not be construed against the party responsible for drafting them.

 

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements under which we provide you with Services will be governed by and interpreted in accordance with the laws of the United States.

 

SECTION 19 - CHANGES TO TERMS OF SERVICE
You may access the most up-to-date version of the Terms of Service on this page at any time. We retain the right, at our sole discretion, to update, modify, or replace any portion of these Terms of Service by posting updates and revisions on our website. It is your responsibility to periodically review our website for any changes. Your continued use of or access to our website or the Service after any changes to these Terms of Service are posted constitutes your acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

All questions about the Terms of Service should be sent to us at support@richardmanly.com.