Terms of Service

Overview

This website, operated by Optistacks, is subject to our Terms of Service. By using our site or purchasing from us, you agree to adhere to these terms. Please read them carefully. If you don't agree with these terms, please refrain from using our website or services.

Our Terms of Service apply to all users, including browsers, vendors, customers, merchants, and content contributors. We may update these terms, and it's your responsibility to check for changes. Our store is hosted by Shopify Inc., facilitating our online sales platform.

Online Store Terms

By accepting these Terms of Service, you affirm that you are of legal age in your state or province of residence, or that you have legal age status and parental consent to permit any minor dependents to use this site.

Our products may not be used for any unlawful or unauthorized purposes, and you must comply with all laws in your jurisdiction, including copyright laws.

You are prohibited from transmitting any harmful code, worms, viruses, or any destructive elements.

Violation of any of these Terms will lead to the immediate termination of your Services.

General Conditions

We reserve the right to refuse or cancel your order for various reasons, including, but not limited to, product or service availability, errors in product or service descriptions or pricing, inaccuracies in your order, or other valid grounds. Additionally, we may refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Your content (excluding credit card information) may be transmitted unencrypted and may involve (a) transmissions over various networks and (b) changes to 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 part of the service, including access to the service, without our express written permission.

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

Information Reliability and Timeliness

We do not take responsibility if the information presented on this site is not entirely accurate, complete, or up-to-date. The content provided here is intended for general information and should not be the sole basis for making decisions. It is essential to consult primary, more accurate, complete, or more timely sources of information for critical decisions. Any reliance on the material on this site is undertaken at your own risk.

Please note that this site may include historical information. Historical information, by its nature, is not current and is provided solely for reference purposes. We retain the right to modify the content of this site at any time, but we are not obliged to update any information. Monitoring changes to our site is your responsibility.

Product Pricing: Our product prices may change without prior notice.

Service Modification: We retain the right to, at any time, modify or discontinue the Service or any part of it without notice.

No Liability: We are not liable to you or any third party for any modifications, price adjustments, service suspensions, or discontinuations.

Products, Services, and Sales Policies

Certain products or services may only be available through our website, and they may have limited quantities.

We've taken great care to display our product colors and images as accurately as possible, but please note that your computer monitor may not always provide precise color representations.

We reserve the right, without obligation, to restrict the sale of our products or services to specific individuals, regions, or jurisdictions. This right may be exercised on a case-by-case basis. Additionally, we can limit the quantities of products or services offered. All product descriptions and pricing are subject to change at our sole discretion without prior notice. We retain the right to discontinue any product at any time. Any product or service offer on this site is void where prohibited.

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

Billing and Account Information Accuracy

We retain the right to decline any orders you place with us. In our sole discretion, we may set limitations or cancel quantities purchased per person, household, or order. These restrictions may encompass orders made under the same customer account, utilizing the same credit card, or sharing identical billing and/or shipping addresses. If we modify or cancel an order, we will make an effort to notify you by using the email and/or billing address/phone number provided when the order was placed. We also reserve the right to limit or disallow orders that, according to our sole judgment, appear to be initiated by dealers, resellers, or distributors.

You pledge to furnish current, complete, and accurate purchase and account information for all transactions at our store. You further agree to promptly update your account and other particulars, including your email address, credit card numbers, and expiration dates, to ensure seamless transactions and timely communication.

Optional Tools and Services

We may grant you access to third-party tools 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, and without endorsement. We assume no liability for your use of these optional third-party tools.

The use of optional tools available through the site is solely at your discretion and risk. You should ensure that you are familiar with and agree to the terms provided by the relevant third-party provider(s).

Additionally, in the future, we may introduce new services, features, and tools through the website. These new offerings will also be governed by these Terms of Service.

Third-Party Links and Materials

Some content, products, and services available through our Service may contain materials from third parties.

Links on this site that lead to third-party websites are not affiliated with us. We do not assume responsibility for examining or assessing the content or accuracy of these third-party materials or websites. We make no warranties and bear no liability or responsibility for any third-party materials, websites, products, or services.

We are not accountable for any harm or damages arising from the purchase or use of goods, services, resources, content, or other transactions with third-party websites. Prior to engaging in any transaction, please thoroughly review the policies and practices of the third-party and ensure your understanding. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

User Comments, Feedback, and Submissions

At our request, you may provide specific submissions (e.g., contest entries). Without our request, you may also share creative ideas, suggestions, proposals, plans, or other materials, whether online, via email, postal mail, or other means (collectively, 'comments'). You agree that we have unrestricted rights to edit, copy, publish, distribute, translate, and use these comments in any medium, at any time, without obligation: (1) to maintain comments in confidence; (2) to provide compensation for comments; or (3) to respond to comments.

While we reserve the right to monitor, edit, or remove content that we, at our sole discretion, deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, objectionable, or in violation of intellectual property or these Terms of Service, you agree that your comments will not infringe on any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also confirm that your comments will not contain libelous, unlawful, abusive, obscene material, or any computer virus or malware affecting the Service's operation or any associated website. You must use a valid email address, accurately represent yourself, and not mislead us or third parties regarding the origin of any comments. You are solely responsible for your comments and their accuracy. We assume no responsibility or liability for any comments posted by you or any third party.

Personal Information

Your provision of personal information within the store is regulated by our Privacy Policy.

Errors, Inaccuracies, and Updates

From time to time, there may be inaccuracies, typographical errors, or omissions in the information presented on our site or within the Service. These may pertain to product descriptions, pricing, promotions, offers, shipping charges, transit times, and product availability. We retain the right to rectify errors, inaccuracies, or omissions, and to modify or cancel orders if any information on the Service or any associated website is found to be inaccurate, without prior notice (even after you have placed an order).

We are not obligated to update, amend, or clarify information in the Service or on any related website, including pricing details, unless required by law. The presence of a specific update or refresh date within the Service or on an associated website should not be construed as an indication that all information in the Service or on any related website has been altered or updated.

Prohibited Usage

Besides the restrictions specified above, using the site or its content for the following purposes is not allowed:

Unlawful purposes.
Soliciting others to engage in unlawful activities.
Violating international, federal, provincial, or state regulations, rules, laws, or local ordinances.
Infringing upon our intellectual property rights or the rights of others.
Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability. Providing false or misleading information.
Uploading or transmitting viruses or any other form of malicious code that may impact the functionality or operation of the Service, related websites, or the Internet.
Collecting or tracking the personal information of others.
Engaging in spam, phishing, pharming, pretexting, spidering, crawling, or scraping.
Pursuing any obscene or immoral purpose.
Interfering with or circumventing the security features of the Service or any related website, other websites, or the Internet.

We maintain the right to terminate your use of the Service or any related website if you violate any of these prohibited uses.

Disclaimer of Warranties and Limitation of Liability

We do not ensure that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not guarantee the accuracy or reliability of the results obtained from the Service. Periodically, we may remove the Service for extended periods or discontinue it at any time, without prior notice to you.

You explicitly acknowledge that your use of the Service, or the inability to use it, is at your sole risk. The Service and all products and Services delivered through it are provided 'as is' and 'as available,' without any representation, warranties, or conditions of any kind, whether express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, except as explicitly stated by us.

In no event shall Optistacks, 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, including, but not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether arising in contract, tort (including negligence), strict liability, or otherwise, related to your use of the Service, any products procured via the Service, or any other claim connected with your use of the Service or products, including errors or omissions in any content or any loss or damage resulting from the use of the Service or any content (or product) posted, transmitted, or made available via the Service, even if we have been advised of the possibility of such damages. In states or jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not permitted, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You consent to indemnify, defend, and protect Optistacks, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns, and employees against any claims or demands, including reasonable attorneys' fees, initiated by any third party as a result of your breach of these Terms of Service or the documents they reference, or your violation of any law or the rights of a third party.

Severability

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

Termination

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

These Terms of Service are in effect unless terminated by either you or us. 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 your 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 that you have failed to do so, we may also terminate this agreement at any time without notice. In such cases, you will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services (or any part thereof) accordingly.

Governing Terms

The failure of us to exercise or enforce any right or provision of these Terms of Service will not be considered a waiver of such right or provision.

These Terms of Service, along with any policies or operating rules posted by us on this site or regarding the Service, constitute the entire agreement and understanding between you and us. They govern your use of the Service, replacing any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any prior versions of the Terms of Service).

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

Governing Law and Jurisdiction

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

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, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to periodically check our website for updates. 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.