Terms of service
Here's the full document, rewritten and ready to paste, Section 5 fixed for digital delivery, everything else kept intact since it was already appropriate.
OVERVIEW
Welcome to ChecklistsFor! The terms "we", "us" and "our" refer to ChecklistsFor. ChecklistsFor 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"). ChecklistsFor is powered by Shopify, which enables us to provide the Services to you.
The below 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 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 stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, and payment information. You represent and warrant that all the information you provide in our stores 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 of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that appearance may differ from how it appears on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the content or quality of any products purchased by you will meet your expectations or be the same as depicted or rendered in our online store.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer 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. ChecklistsFor reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until ChecklistsFor confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as ChecklistsFor may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing information provided at the time the order was made.
Your purchases are subject to our Refund Policy.
You represent and warrant that your purchases are for your own personal use and not for commercial resale or redistribution.
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 in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include applicable taxes.
We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. You agree to promptly update your account information, including your email address, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes.
SECTION 5 - DIGITAL DELIVERY
All products sold through our Services are digital goods delivered electronically. Upon completion of a successful order, you will receive access to your purchased checklist via download link and/or in-browser access, depending on your purchase type. We are not responsible for delivery issues caused by factors outside our control, including but not limited to email delivery failures, spam filtering, or incorrect email addresses provided at checkout. If you do not receive your product, contact us at hello@checklistsfor.com and we will resolve the issue.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product content, and the design, selection, and arrangement thereof, are owned by ChecklistsFor, its affiliates or licensors and are protected by U.S. and foreign copyright and other intellectual property laws.
These Terms permit you to use the Services, and the digital products you purchase, for your personal, non-commercial use only. You must not reproduce, distribute, resell, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any purchased checklist or other material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of ChecklistsFor, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by ChecklistsFor.
ChecklistsFor's names, logos, product and service names, designs, and slogans are trademarks of ChecklistsFor or its affiliates or licensors. You must not use such trademarks without the prior written permission of ChecklistsFor. 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 on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, 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 features through the Services. Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
ChecklistsFor 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 ChecklistsFor. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and ChecklistsFor, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with ChecklistsFor.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties, in order to provide services to you. Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use.
We are and shall be under no obligation to (1) maintain your Feedback in confidence, (2) pay compensation for your Feedback, or (3) respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, or privacy rights. You are solely responsible for any Feedback you submit and its accuracy.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services to: (a) engage in any unlawful or malicious activity; (b) violate any applicable laws or regulations; (c) infringe our intellectual property rights or those of others; (d) harass, abuse, or harm any person; (e) transmit false or misleading information; (f) send spam or unsolicited promotional material; (g) impersonate any person or entity; or (h) engage in conduct that restricts or inhibits anyone's use of the Services.
You also agree not to: (a) upload viruses or malicious code; (b) reproduce, resell, or exploit any portion of the Services or purchased content without authorization; (c) collect personal information of others; or (d) use automated tools, bots, or scrapers to access the Services without our consent. We reserve the right to suspend or terminate your account at any time if we determine you have violated these Terms.
SECTION 14 - AGENTS
This section applies if you use, allow, or enable an "Agent," meaning any software that takes autonomous or semi-autonomous action on your behalf to access, use, or interact with the Services.
No Agent may access, use, or interact with the Services unless it identifies itself as an Agent in its requests and complies with all applicable measures we put in place to control such access. Agents must not conceal that interactions are automated, attempt to bypass verification measures such as CAPTCHAs, or otherwise circumvent controls we use to manage how the Services are accessed.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services at our sole discretion at any time without notice, and you will remain liable for all amounts due up to the date of termination.
The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Governing Law, Privacy Policy, and any other provisions that by their nature should survive.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
EXCEPT AS EXPRESSLY STATED, THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT FULLY APPLY TO YOU.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CHECKLISTSFOR, ITS OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR SHOPIFY AND ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless ChecklistsFor, Shopify, and our respective affiliates, officers, directors, employees, and agents from any losses, damages, liabilities or claims, including reasonable attorneys' fees, arising out of (1) your breach of these Terms, (2) your violation of any law or third-party right, or (3) your access to and use of the Services.
SECTION 19 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be severed, without affecting the validity of the remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
These Terms and any policies posted on this site constitute the entire agreement between you and us regarding your use of the Services, superseding any prior agreements or communications.
SECTION 21 - ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or your rights under these Terms without our prior written consent. We may transfer, assign, or delegate these Terms without notice to you.
SECTION 22 - GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where ChecklistsFor is headquartered. You and ChecklistsFor consent to venue and personal jurisdiction in such courts.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates to our website. Your continued use of the Services following any changes constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at hello@checklistsfor.com.
ChecklistsFor
hello@checklistsfor.com