Terms of service
OVERVIEW
This website is operated by FurSure™️. By visiting the site and/or purchasing something from us, you agree to the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and policies referenced herein and/or available via hyperlink. These Terms of Service apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and/or content contributors.
By accessing or using any part of the site, you agree to be bound by these Terms of Service. Please read them carefully before using our website. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services.
Our store is hosted by 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 of the age of majority and 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 violate any laws in your jurisdiction (including but not limited to copyright laws) while using the Service.
You must not transmit any worms, 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 (excluding 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 without express written permission by us.
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 more primary, accurate, or timely sources of information.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.
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.
We have made every effort to display as accurately as possible the colors and images of our products, but we cannot guarantee that your computer monitor’s display of any color will be accurate.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any 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 of any kind.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites and we do not warrant or have any liability or responsibility for any third-party materials or websites.
SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If you send us comments, suggestions, or other materials, you grant us the right to use them without any obligation.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be found [here].
SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions.
We reserve the right to correct any such errors, inaccuracies, or omissions at any time without prior notice.
SECTION 12 – PROHIBITED USES
You may not use the site for any unlawful purpose or to solicit others to perform or participate in any unlawful acts.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL FurSure, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, DISTRIBUTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE OR MISUSE OF THE WEBSITE, THE PRODUCTS, OR ANY RELATED SERVICES.
THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, VETERINARY EXPENSES, OR ANY OTHER INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR ANY OTHER LEGAL THEORY, EVEN IF FurSure HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FurSure’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE PRODUCTS OR SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (B) USD $500 (OR THE EQUIVALENT IN LOCAL CURRENCY).
THIS LIMITATION OF LIABILITY APPLIES TO ALL CLAIMS, REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY ASSERTED, AND REGARDLESS OF WHETHER THE ALLEGED DAMAGES WERE FORESEEABLE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES. IN SUCH JURISDICTIONS, FurSure’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Next Wave Gadgets from any claim or demand made by any third party due to your breach of these Terms of Service.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions shall nevertheless remain enforceable.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement.
SECTION 17 – ENTIRE AGREEMENT
These Terms of Service constitute the entire agreement between you and us regarding the use of the Service.
SECTION 18 – GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the Netherlands.
SECTION 19 – CHANGES TO TERMS OF SERVICE
We reserve the right to update or change any part of these Terms of Service at any time. It is your responsibility to check our website periodically for changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to: Help@tryfursure.com