Terms of service

Aquí está el texto con todas las referencias a "SpeedLux" reemplazadas por "PawNest", sin modificar el resto del contenido:

GENERAL DESCRIPTION

Welcome to PawNest. The terms “we”, “us”, and “our” refer to PawNest. PawNest operates this store and website, including all information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). PawNest uses Shopify technology, which enables us to provide you with the Services.

The following terms and conditions, along with all policies referenced herein (the “Terms of Use” or “Terms”), describe your rights and obligations when using the Services.

Please read these Terms of Use carefully, as they contain important information about your legal rights and cover, among other things, disclaimers and limitations of liability.

By accessing, interacting with, or using our Services, you agree to comply with these Terms of Use as well as our Privacy Policy. If you do not agree to these Terms of Use or the Privacy Policy, you may not use our Services.

SECTION 1: ACCESS AND ACCOUNT

By accepting these Terms of Use, you represent that you have reached at least the age of majority in your state or province of residence, and that you have given us your consent to allow any minor under your care to use the Services on devices that you own, purchase, or manage.

To use the Services, including accessing our online stores, browsing them, or purchasing products or services, you may be required to provide certain information such as your email address, billing address, payment method, and shipping address. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activities that occur under your account. You may not transfer, sell, or assign your account to any other person, nor grant any licenses associated with the account.

SECTION 2: OUR PRODUCTS

We have made every effort to display our products and services in our online stores as accurately as possible. However, please note that colors or the appearance of products may vary depending on the device you use and its settings, and may differ from how they appear on your screen.

We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or match the representations shown in our online stores.

All product descriptions are subject to change at any time without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities available for purchase per person, geographic region, or jurisdiction.

SECTION 3: ORDERS

By placing an order, you are making an offer to purchase. PawNest reserves the right to accept or reject your order at its sole discretion for any reason. Your order is not considered accepted until PawNest confirms its acceptance. We must receive and process your payment in order to accept your order. Please review your order carefully before submitting it, as PawNest may not be able to accommodate cancellation requests once an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, or phone number provided at checkout.

Your purchases are subject to returns or exchanges only in accordance with our Refund Policy.

You represent and warrant that your purchases are intended solely for personal or private use and not for resale or export for commercial purposes.

SECTION 4: PRICES AND PAYMENTS

Prices, discounts, and promotions may change at any time without prior 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 stated in the order confirmation email you receive. Unless otherwise expressly stated, listed prices do not include taxes, shipping costs, handling fees, customs clearance, or import charges.

Prices displayed in our online stores may differ from prices offered in physical stores, online, or through other sales channels operated by third parties. From time to time, we may offer promotions on the Services that may affect pricing and are subject to separate terms. In the event of a conflict between promotional terms and these Terms of Use, the promotional terms will govern.

For all purchases made through our stores, you agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that: (i) the credit card information you provide is true, correct, and complete; (ii) you are authorized to use the credit card for the purchase; (iii) your credit card company will honor the charges incurred; and (iv) you will pay all charges at the posted prices, including any applicable shipping, handling, and taxes.

SECTION 5: SHIPPING AND DELIVERY

We are not responsible for delays in shipping or delivery. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by shipping carriers, customs clearance, or events beyond our control. Once we transfer the products to the shipping carrier, title and risk pass to you.

SECTION 6: INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, service marks, text, designs, images, graphics, product reviews, video and audio content, and the design, selection, and arrangement thereof, are owned by PawNest, its affiliates, or licensors and are protected by U.S. and international copyright and other intellectual property laws.

These Terms of Use permit you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any materials from the Services without our prior written consent. Unless expressly stated herein, these Terms of Use do not grant any license or rights to any patents, trademarks, copyrights, or other intellectual property of PawNest, Shopify, or third parties. Unauthorized use of the Services may violate federal and state intellectual property laws. PawNest reserves all rights not expressly granted herein.

The names, logos, product and service names, designs, and slogans of PawNest are trademarks of PawNest, its affiliates, or licensors. You may not use such trademarks without prior written permission from PawNest. The names, logos, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans in the Services are trademarks of their respective owners.

SECTION 7: OPTIONAL TOOLS

As part of the Services, you may be provided with access to third-party tools over which we have no 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 and without endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use of optional third-party tools through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party providers.

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and will be subject to these Terms of Use.

SECTION 8: THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or maintained by third parties (including embedded third-party features). We are not responsible for examining or evaluating these materials or websites, nor for their accuracy. If you choose to leave the Services to access third-party materials or websites, you do so at your own risk.

We are not liable for any harm or damages related to your access to third-party websites or your purchase or use of any products, services, or resources from such websites. Please review third-party policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the respective third party.

SECTION 9: RELATIONSHIP WITH SHOPIFY

[NOTICE TO MERCHANT: This section accurately describes Shopify’s relationship with your store and must not be removed or modified.]

PawNest uses Shopify technology, which enables us to provide the Services to you. However, any sale and purchase made in our store is conducted directly between you and PawNest. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and PawNest, including any injury, damage, or loss resulting from products or services purchased. You expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising out of or related to your purchases and transactions with PawNest.

SECTION 10: PRIVACY POLICY

All personal data collected through the Services is subject to our Privacy Policy, and certain personal data may also be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.

As the Services are hosted on Shopify, Shopify collects and processes personal data related to your access to and use of the Services in order to provide and improve the Services for you. For the purpose of providing the Services, the information you submit may be transferred to and shared with Shopify as well as third parties, which may be located in countries other than your own. For more information on how we, Shopify, and our partners use your personal data, please refer to our Privacy Policy.

SECTION 11: COMMENTS

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, “Comments”), you grant us a perpetual, worldwide, sublicensable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such Comments in any medium and for any purpose, including commercial use. For example, we may use this license to operate, provide, evaluate, optimize, improve, and promote the Services, as well as to fulfill our obligations and enforce our rights under these Terms of Use.

You further represent and warrant that: (i) you have all necessary rights to all Comments; (ii) you have disclosed any compensation or consideration received in connection with the submission of the Comments; and (iii) your Comments comply with these Terms of Use. We are not obligated to (1) maintain your Comments in confidence; (2) pay compensation for any Comments; or (3) respond to any Comments.

We may, but are not obligated to, monitor, edit, or remove Comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable, or that violate any party’s intellectual property or these Terms of Use.

You agree that your Comments will not violate any rights of third parties, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You further agree that your Comments will not contain defamatory, unlawful, abusive, or obscene material, or contain any computer virus or other malware that could affect the operation of the Services or any related website. You may not use a false email 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 12: ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on or within the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, delivery 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 is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13: PROHIBITED USES

You may use the Services only for lawful purposes. You are prohibited from using the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, state, or local laws or regulations; (c) to infringe upon our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, harm, defame, disparage, or intimidate our employees or any other person; (e) to submit false or misleading information; (f) to knowingly send, receive, upload, download, use, or reuse any material that does not comply with these Terms of Use; (g) to transmit, or procure the sending of, any “junk mail,” “chain letters,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm PawNest, Shopify, or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time without prior notice if we determine that you have violated any part of these Terms of Use.

SECTION 14: TERMINATION

We may terminate this agreement at any time at our sole discretion without prior notice, or suspend your access to the Services (or any part thereof). Your obligation to pay all amounts due up to the termination date shall remain in effect.

The following sections shall survive termination: Intellectual Property, Comments, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any provisions that by their nature should survive termination.

SECTION 15: DISCLAIMER OF WARRANTIES

The information provided through the Services is for general informational purposes only. We make no representations or warranties regarding the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on these materials by you, any visitor to the Services, or any other person.

UNLESS EXPRESSLY STATED OTHERWISE BY PAWNEST, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR ALLOW SUCH EXCLUSIONS ONLY TO A LIMITED EXTENT, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

Aquí solo debes reemplazar las referencias a "SpeedLux" por "PawNest". El resto del texto permanece igual.

SECTION 16: LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PAWNEST, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, OR SHOPIFY AND ITS AFFILIATES 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 OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

SECTION 17: INDEMNIFICATION

You agree to indemnify, defend, and hold harmless PawNest, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all losses, damages, liabilities, claims, demands, or expenses, including reasonable attorneys’ fees, asserted by any third party arising out of or relating to:

  • Your breach of these Terms of Service or any documents incorporated herein by reference;

  • Your violation of any applicable law or the rights of any third party; or

  • Your access to or use of the Services.

We will provide you with notice of any claim subject to indemnification. However, any delay in providing such notice will not relieve you of your indemnification obligations unless the delay materially prejudices your ability to defend the claim.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification at your expense, including the selection of legal counsel. We will not settle any claim in a manner that imposes any non-monetary obligations on you without your prior consent, which shall not be unreasonably withheld.

You agree to cooperate fully in the defense of any such claim, including by providing any relevant documents or information reasonably requested.

SECTION 18: SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 19: NO WAIVER; ENTIRE AGREEMENT

Our failure 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, together with any policies or operating rules posted by us on this website or in connection with the Services, constitute the entire agreement and understanding between you and us regarding your use of the Services. They supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written.

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

SECTION 20: ASSIGNMENT

You may not assign, transfer, or otherwise convey this Agreement or any of your rights or obligations under these Terms of Service without our prior written consent. Any attempted assignment or transfer in violation of this provision shall be null and void.

We may assign or transfer these Terms of Service, and any of our rights or obligations hereunder, at any time without your consent and without prior notice to you.

SECTION 21: GOVERNING LAW

These Terms of Service and any separate agreements under which we provide you with the Services shall be governed by and construed in accordance with the laws of the jurisdiction in which PawNest is established. You and PawNest agree to submit to the exclusive jurisdiction and venue of the courts located in that jurisdiction.

SECTION 22: HEADINGS

The headings used in these Terms of Service are included for convenience only and shall not affect the interpretation of these Terms of Service.

SECTION 23: CHANGES TO THESE TERMS OF SERVICE

You may review the most current version of these 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. You are responsible for checking our website periodically for changes.

We will notify you of any material changes as required by applicable law. Your continued use of or access to the Services following the posting of any changes constitutes your acceptance of those changes.

SECTION 24: CONTACT INFORMATION

If you have any questions about these Terms of Service, please contact us at: service.pawnest@gmail.com