Terms of service

 

TERMS OF SERVICE

OVERVIEW

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

These 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 or province 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 through our store is correct, 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 for all activity associated with your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to accurately display and describe our products and services. However, colors, details, and product appearance may vary depending on your device, display settings, lighting, and other factors.

We do not guarantee that the appearance or quality of products purchased through our store will exactly match how they appear on your screen.

Product descriptions, availability, pricing, and other information may be changed at any time without notice at our discretion.

We reserve the right to discontinue any product at any time and may limit the quantities of products offered to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. BREAKBANKSONLY reserves the right to accept or decline an order for any lawful reason at our discretion.

Your order is not considered accepted until BREAKBANKSONLY confirms acceptance. We must receive and process your payment before your order is accepted.

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

If we decline, modify, or cancel an order, we may attempt to notify you using the email address, billing address, shipping address, or phone number provided with your order.

Purchases and returns are subject to our Return & Refund Policy.

You represent that purchases made through our store are for legitimate personal or household purposes and not for unauthorized commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice.

The price charged for a product or service will be the price displayed at the time the order is placed and will be reflected in your order confirmation.

Unless otherwise stated, displayed prices may not include applicable taxes, shipping, handling, customs duties, or import charges.

We may periodically offer promotions that are subject to additional terms and conditions. If promotion-specific terms conflict with these Terms, the promotion-specific terms will govern with respect to that promotion.

You agree to provide current, complete, and accurate purchase, payment, and account information for purchases made through our store.

You represent and warrant that payment information you provide is accurate and that you are authorized to use the selected payment method.

You agree to pay all charges associated with your order, including applicable shipping charges and taxes.

SECTION 5 - SHIPPING AND DELIVERY

All processing and delivery times displayed through our Services are estimates unless expressly stated otherwise.

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

Customers are responsible for providing a complete and accurate shipping address when placing an order.

Additional information regarding shipping and delivery is available in our Shipping Policy.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to our trademarks, brand names, logos, text, graphics, photographs, product images, videos, audio, designs, and the selection and arrangement thereof, are owned by BREAKBANKSONLY, its affiliates, or its licensors and may be protected by applicable intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only.

Without our prior written permission, you may not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store, sell, or transmit material from the Services except as permitted by applicable law.

BREAKBANKSONLY names, logos, product names, designs, slogans, and other brand identifiers may be trademarks or other intellectual property of BREAKBANKSONLY or its licensors. You may not use them without appropriate authorization.

Shopify's names, logos, product and service names, designs, and slogans are trademarks of Shopify. Other names and trademarks appearing through the Services belong to their respective owners.

SECTION 7 - OPTIONAL TOOLS

We may provide access to tools or services offered by third parties that we do not control.

Such third-party tools may be provided "as is" and "as available" without warranties, representations, or conditions from BREAKBANKSONLY to the extent permitted by applicable law.

Your use of optional third-party tools is at your own discretion and may be subject to additional terms established by the applicable third-party provider.

We may introduce new tools, resources, and features through the Services. Unless otherwise stated, these additions will also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links to websites or platforms operated by third parties.

We are not responsible for examining or evaluating the content, accuracy, availability, privacy practices, security, products, or services of third-party websites.

If you leave our Services to access a third-party website, you do so at your own discretion.

Questions or disputes concerning products or services offered by third parties should generally be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

BREAKBANKSONLY is powered by Shopify, which enables us to provide the Services to you.

However, sales and purchases made through our store are made directly with BREAKBANKSONLY.

By using the Services, you acknowledge that Shopify is not the seller of products offered by BREAKBANKSONLY and is not responsible for the fulfillment or performance of purchases made directly from BREAKBANKSONLY, except to the extent otherwise required by applicable law.

SECTION 10 - PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Certain personal information may also be processed by Shopify in accordance with Shopify's applicable privacy policies.

Because the Services are hosted by Shopify, Shopify may collect and process information about your access to and use of the Services in order to provide and improve its services.

Please review our Privacy Policy for additional information about how personal information is collected, used, processed, and disclosed.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise provide ideas, suggestions, feedback, reviews, proposals, or other content ("Feedback"), you grant us a worldwide, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback to the extent permitted by applicable law.

You represent that you have the necessary rights to submit your Feedback and that your Feedback does not violate applicable law or the rights of another person.

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

We reserve the right, but are not obligated, to monitor, edit, or remove Feedback that we determine violates these Terms or applicable law.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Information available through the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.

We reserve the right to correct errors, inaccuracies, or omissions and to update information as appropriate, including after an order has been submitted, subject to applicable law.

SECTION 13 - PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services to:

  • Violate applicable laws or regulations.

  • Infringe upon our intellectual property rights or the rights of others.

  • Harass, abuse, threaten, defame, or harm another person.

  • Submit false or misleading information.

  • Transmit viruses, malware, or other harmful code.

  • Send spam, phishing attempts, or unauthorized solicitations.

  • Impersonate another person or entity.

  • Collect or track personal information about others without authorization.

  • Attempt to circumvent security or access controls.

  • Scrape, copy, extract, sell, resell, or exploit portions of the Services in violation of these Terms or applicable law.

  • Interfere with or disrupt the operation or security of the Services.

We reserve the right to restrict, suspend, or terminate access to the Services if we reasonably determine that these Terms have been violated.

SECTION 14 - AGENTS AND AUTOMATED ACCESS

If software, automated systems, artificial intelligence agents, or similar technologies access or interact with the Services, such access must comply with these Terms and any technical restrictions or instructions we establish.

Automated systems may not conceal their automated nature, circumvent CAPTCHAs or security measures, bypass restrictions intended to control automated access, or otherwise interfere with the Services.

We reserve the right to limit or block automated access to the Services.

SECTION 15 - TERMINATION

We may suspend or terminate access to the Services where permitted by law, including when these Terms have been violated.

Any provisions that by their nature should survive termination will remain effective following termination, including provisions concerning intellectual property, disclaimers, limitations of liability, indemnification, privacy, and governing law.

SECTION 16 - DISCLAIMER OF WARRANTIES

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," EXCEPT FOR WARRANTIES EXPRESSLY PROVIDED BY BREAKBANKSONLY OR WARRANTIES THAT CANNOT LEGALLY BE EXCLUDED.

WE DO NOT GUARANTEE THAT ACCESS TO THE SERVICES WILL ALWAYS BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BREAKBANKSONLY AND ITS AFFILIATES, PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, EXCEPT WHERE SUCH LIABILITY CANNOT LEGALLY BE LIMITED OR EXCLUDED.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless BREAKBANKSONLY and its affiliates, partners, officers, employees, agents, contractors, licensors, and service providers from third-party claims arising from your material breach of these Terms, violation of applicable law, or infringement of another person's rights.

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 applicable law or severed as necessary.

The remaining provisions will continue in full force and effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

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

These Terms, together with the policies and operating rules referenced herein, constitute the agreement between you and BREAKBANKSONLY concerning your use of the Services, except where otherwise required by applicable law.

SECTION 21 - ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent except where applicable law provides otherwise.

We may transfer or assign our rights and obligations in connection with the operation, restructuring, sale, or transfer of our business, subject to applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide the Services will be governed by applicable law in the jurisdiction where BREAKBANKSONLY is headquartered, without depriving consumers of protections they are entitled to under applicable law.

SECTION 23 - HEADINGS

The headings contained in these Terms are provided for convenience and do not limit or otherwise affect the interpretation of these Terms.

SECTION 24 - CHANGES TO THESE TERMS

You can review the current version of these Terms of Service on this page.

We may update these Terms from time to time to reflect changes to our Services, business practices, or legal obligations.

Where required by applicable law, we will provide appropriate notice of material changes.

Continued use of the Services following the effective date of updated Terms constitutes acceptance of those changes to the extent permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions regarding these Terms of Service can be sent to:

BREAKBANKSONLY
Email: hello@breakbanksonly.us