TERMS OF SERVICE





TERMS OF SERVICE


 


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OVERVIEW


 


This website is operated by
delthium llc. Throughout the site, the terms “we”, “us” and “our” refer to
delthium llc. delthium llc offers this website, including all information,
tools and Services available from this site to you, the user, conditioned upon
your acceptance of all terms, conditions, policies and notices stated here.


 


By visiting our site and/ or
purchasing something from us, you engage in our “Service” and agree to be bound
by the following terms and conditions (“Terms of Service”, “Terms”), including
those additional terms and conditions and policies referenced herein and/or
available by hyperlink. These Terms of Service apply  to all users of the site, including without
limitation users who are browsers, vendors, customers, merchants, and/ or
contributors of content.


Please read these Terms of Service
carefully before accessing or using our website. By accessing or using any part
of the site, you agree to be bound by these Terms of Service. If you do not
agree to all the terms and conditions of this agreement, then you may not
access the website or use any Services. If these Terms of Service are
considered an offer, acceptance is expressly limited to these Terms of Service.


 


Any new features or tools which are
added to the current store shall also be subject to the 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 to update, change or replace any part of these Terms
of Service by posting updates and/or changes to our website. It is your
responsibility to check this page periodically for changes. Your continued use
of or access to the website following the posting of any changes constitutes
acceptance of those changes.


Our store is hosted on Shopify Inc.
They provide us with the online e-commerce platform that allows us to sell our
products and Services to you.


 


SECTION 1 - ONLINE STORE TERMS


 


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, or that you are 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 this site.


 


You may not use our products for
any illegal or unauthorized purpose nor may you, in the use of the Service,
violate any laws in your jurisdiction (including but not limited to copyright
laws).


 


You must not transmit any worms or
viruses or any code of a destructive nature.


 


A breach or violation of any of the
Terms will result in an immediate termination of your Services.


 


SECTION 2 - GENERAL CONDITIONS


 


We reserve the right to refuse
service to anyone for any reason at any time.


 


You understand that your content
(not including credit card information), may be transferred unencrypted and
involve (a) transmissions over various networks; and (b) changes to conform and
adapt to technical requirements of connecting networks or devices. Credit card
information is always encrypted during transfer over networks.


 


You agree not to reproduce,
duplicate, copy, sell, resell or exploit any portion of the Service, use of the
Service, or access to the Service or any contact on the website through which
the service is provided, without express written permission by us.


 


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


 


SECTION 3 - ACCURACY, COMPLETENESS
AND TIMELINESS OF INFORMATION


 


We are not responsible if
information made available on this site is not accurate, complete or current.
The material on this site is provided for general information only and should
not be relied upon or used as the sole basis for making decisions without
consulting primary, more accurate, more complete or more timely sources of
information. Any reliance on the material on this site is at your own risk.


 


This site may contain certain
historical information. Historical information, necessarily, is not current and
is provided for your reference only. We reserve the right to modify the
contents of this site at any time, but we have no obligation to update any
information on our site. You agree that it is your responsibility to monitor
changes to our site.


 


SECTION 4 - MODIFICATIONS TO THE
SERVICE AND PRICES


 


Prices for our products are subject
to change without notice.


 


We reserve the right at any time to
modify or discontinue the Service (or any part or content thereof) without
notice at any time.


 


We shall not be liable to you or to
any third-party for any modification, price change, suspension or
discontinuance of the Service.


 


SECTION 5 - PRODUCTS OR SERVICES
(if applicable)


 


Certain products or Services may be
available exclusively online through the website. These products or Services
may have limited quantities and are subject to return or exchange only
according to our Return Policy. To view our Return Policy, please visit [LINK
TO RETURN POLICY]


 


We have made every effort to
display as accurately as possible the colors and images of our products that
appear at the store. We cannot guarantee that your computer monitor's display
of any color will be accurate.


We reserve the right, but are not
obligated, to limit the sales of our products or Services to any person,
geographic region or jurisdiction. We may exercise this right on a case-by-case
basis. We reserve the right to limit the quantities of any products or Services
that we offer. All descriptions of products or product pricing are subject to
change at anytime without notice, at the sole discretion of us. We reserve the
right to discontinue any product at any time. Any offer for any product or
service made on this site is void where prohibited.


 


We do not warrant that the quality
of any products, Services, information, or other material purchased or obtained
by you will meet your expectations, or that any errors in the Service will be
corrected.


 


SECTION 6 - ACCURACY OF BILLING AND
ACCOUNT INFORMATION


 


We reserve the right to refuse any
order you place with us. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household or per order. These restrictions
may include orders placed by or under the same customer account, the same
credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to
notify you by contacting the e-mail and/or billing address/phone number
provided at the time the order was made. We reserve the right to limit or
prohibit orders that, in our sole judgment, appear to be placed by dealers,
resellers or distributors.


You agree to provide current,
complete and accurate purchase 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 numbers and expiration dates, so
that we can complete your transactions and contact you as needed.


 


For more detail, please review our
Returns Policy.


 


SECTION 7 - OPTIONAL TOOLS


 


We may provide you with access to
third-party tools over which we neither monitor nor have any control nor 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. We shall
have no liability whatsoever arising from or relating to your use of optional
third-party tools.


 


Any use by you of the optional
tools offered through the site is entirely at your own risk and discretion and
you should ensure that you are 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 Services and/or features through the website (including, the release of new
tools and resources). Such new features and/or Services shall also be subject
to these Terms of Service.


 


SECTION 8 - THIRD-PARTY LINKS


 


Certain content, products and
Services available via our Service may include materials from third-parties.


 


Third-party links on this site may
direct you to third-party websites that are not affiliated with us. We are not
responsible for examining or evaluating the content or accuracy and we do not
warrant and will not have any liability or responsibility for any third-party
materials or websites, or for any other materials, products, or Services of
third-parties.


 


We are not liable for any harm or
damages related to the purchase or use of goods, Services, resources, content,
or any other transactions made in connection with any third-party websites.
Please review carefully the third-party's policies and practices and make sure
you understand them before you engage in any transaction. Complaints, claims,
concerns, or questions regarding third-party products should be directed to the
third-party.


 


SECTION 9 - USER COMMENTS, FEEDBACK
AND OTHER SUBMISSIONS


 


If, at our request, you send
certain specific submissions (for example contest entries) or without a request
from us you send creative ideas, suggestions, proposals, plans, or other
materials, whether online, by email, by postal mail, or otherwise
(collectively, '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 forward to us. We are and shall be under no
obligation (1) to maintain any comments in confidence; (2) to pay compensation
for any comments; or (3) to respond to any comments.


We may, but have no obligation to,
monitor, edit or remove content that we determine in our sole discretion to be
unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene
or otherwise objectionable or violates any party’s intellectual property or
these Terms of Service.


You agree that your comments will
not violate any right of any third-party, including copyright, trademark,
privacy, personality or other personal or proprietary right. You further agree
that your comments will not contain libelous 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 Service or any related website. You may not
use a false e-mail address, pretend to be someone other than yourself, or otherwise
mislead us or third-parties as to the origin of any comments. You are solely
responsible for any comments you make and their accuracy. We take no
responsibility and assume no liability for any comments posted by you or any
third-party.


 


SECTION 10 - PERSONAL INFORMATION


 


Your submission of personal
information through the store is governed by our Privacy Policy. To view our
Privacy Policy, please see [LINK TO PRIVACY POLICY]


 


SECTION 11 - ERRORS, INACCURACIES
AND OMISSIONS


 


Occasionally there may be
information on our site or in the Service that contains 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 in the Service
or on any related website is inaccurate at any time without prior notice
(including after you have submitted your order).


 


We undertake no obligation to
update, amend or clarify information in the Service or on any related website,
including without limitation, pricing information, except as required by law.
No specified update or refresh date applied in the Service or on any related
website, should be taken to indicate that all information in the Service or on
any related website has been modified or updated.


 


SECTION 12 - PROHIBITED USES


 


In addition to other prohibitions
as set forth in the Terms of Service, you are prohibited from using the site or
its content:


(a) for any unlawful purpose; (b)
to solicit others to perform or participate in any unlawful acts; (c) to
violate any international, federal, provincial or state regulations, rules,
laws, or local ordinances; (d) to infringe upon or violate our intellectual
property rights or the intellectual property rights of others; (e) to harass,
abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
based on gender, sexual orientation, religion, ethnicity, race, age, national
origin, or disability; (f) to submit false or misleading information;


(g) to 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 Service or of any related
website, other websites, or the Internet; (h) to collect or track the personal
information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or
scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or
circumvent the security features of the Service or any related website, other
websites, or the Internet. We reserve the right to terminate your use of the
Service or any related website for violating any of the prohibited uses.


 


SECTION 13 - DISCLAIMER OF
WARRANTIES; LIMITATION OF LIABILITY


 


We do not guarantee, represent or
warrant that your use of our service will be uninterrupted, timely, secure or
error-free.


 


We do not warrant that the results
that may be obtained from the use of the service will be accurate or reliable.


 


You agree that from time to time we
may remove the service for indefinite periods of time or cancel the service at
any time, without 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 the service are (except as
expressly stated by us) provided 'as is' and 'as available' for your use,
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.


In no case shall delthium llc, 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 any of the service or any products procured using 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 the 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 harmless delthium llc and our parent, 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, made by any third-party due to or
arising out of your breach of these Terms of Service or the documents they
incorporate by reference, or your violation of any law or the rights of a
third-party.


 


SECTION 15 - SEVERABILITY


 


In the event that any provision of
these Terms of Service 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 Service, such determination shall not affect the validity
and enforceability of any other remaining provisions.


 


SECTION 16 - TERMINATION


 


The obligations and liabilities of
the parties incurred prior to the termination date shall survive the
termination of this agreement for all purposes.


 


These Terms of Service are
effective unless and until terminated by either you or us. You may terminate
these Terms of Service at any time by notifying us that you no longer wish to
use our Services, or when you cease using our site.


If in our sole judgment you fail,
or we suspect that you have failed, to comply with any term or provision of
these Terms of Service, we also may terminate this agreement at any time without
notice and you will remain liable for all amounts due up to and including the
date of termination; and/or accordingly may deny you access to our Services (or
any part thereof).


 


SECTION 17 - ENTIRE AGREEMENT


 


The failure of us to exercise or
enforce any right or provision of these Terms of Service shall not constitute a
waiver of such right or provision.


 


These Terms of Service 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
Service).


Any ambiguities in the
interpretation of these Terms of Service shall not be construed against the
drafting party.


 


SECTION 18 - GOVERNING LAW


 


These Terms of Service and any
separate agreements whereby we provide you Services shall be governed by and
construed in accordance with the laws of United States.


 


SECTION 19 - CHANGES TO TERMS OF
SERVICE


 


You can review the most current
version of the Terms of Service 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 Service by
posting updates and changes to our website. It is your responsibility to check
our website periodically for changes. Your continued use of or access to our
website or the Service following the posting of any changes to these Terms of
Service constitutes acceptance of those changes.


 


SECTION 20 - CONTACT INFORMATION


 


Questions about the Terms of
Service should be sent to us at [email protected]


 


Our contact information is posted
below:


Delthium llc


[email protected]


540 brickell key Dr apt 1524 Miami
33131 FL Unites States