Terms of service

OVERVIEW

Welcome to Trudgers Club! The terms “we”, “us” and “our” refer
to Trudgers Club. Trudgers Club 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”). Trudgers Club 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 [Privacy Policy URL]. 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, payment, and shipping 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
stores. However, please note that colors or product appearance may
differ from how they may appear 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 appearance or quality of any products or
services purchased by you will meet your expectations or be the same as
depicted or rendered in our online stores. 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. Trudgers Club reserves the right to accept or decline your
order for any reason at its discretion. Your order is not accepted until
Trudgers Club confirms acceptance. We must receive and process your
payment before your order is accepted. Please review your order
carefully before submitting, as Trudgers Club 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, billing address,
and/or phone number provided at the time the order was made. Your
purchases are subject to return or exchange solely in accordance with
our Refund Policy [Refund Policy URL]. You represent and warrant that
your purchases are for your own personal or household use and not for
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 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 taxes, shipping,
handling, customs or import charges. Prices posted in our online stores
may be different from prices offered in physical stores or in online or
other stores operated by third parties. 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 stores. 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
duly authorized to use such credit card for the purchase, (iii) charges
incurred by you will be honored by your credit card company, and (iv)
you will pay charges incurred by you at the posted prices, including
shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY We are not liable for shipping and
delivery delays. All delivery times are estimates only and are not
guaranteed. We are not responsible for delays caused by shipping
carriers, customs processing, or events outside our control. Once we
transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY Our Services, including but not
limited to all trademarks, brands, text, displays, images, graphics,
product reviews, video, and audio, and the design, selection, and
arrangement thereof, are owned by Trudgers Club, its affiliates or
licensors and are protected by U.S. and foreign patent, copyright and
other intellectual property laws. These Terms permit you to use the
Services for your personal, non-commercial use only. You must not
reproduce, distribute, modify, create derivative works of, publicly
display, publicly perform, republish, download, store, or transmit any
of the 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
Trudgers Club, 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 Trudgers
Club. Trudgers Club’s names, logos, product and service names, designs,
and slogans are trademarks of Trudgers Club or its affiliates or
licensors. You must not use such trademarks without the prior written
permission of Trudgers Club. 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 (including the release of new tools and resources).
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 (including
any embedded third party functionality). 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 and
make sure you understand them 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 Trudgers Club 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
Trudgers Club. By using the Services, you acknowledge and agree that
Shopify is not responsible for any aspect of any sales between you and
Trudgers Club, 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 Trudgers Club.

SECTION 10 - PRIVACY POLICY All personal information we collect through
the Services is subject to our Privacy Policy, which can be viewed here
[Privacy Policy URL], and certain personal information may 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.
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 that may be located in other
countries than where you reside, in order to provide services to you.
Review our privacy policy [Privacy Policy URL] 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, proposals, plans, or
other content (collectively, “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 may, for example, use our
rights under this license to operate, provide, evaluate, enhance,
improve and promote the Services and to perform our obligations and
exercise our rights under the Terms of Service. You also represent and
warrant that: (i) you own or have all necessary rights to all Feedback;
(ii) you have disclosed any compensation or incentives received in
connection with your submission of Feedback; and (iii) your Feedback
will comply with these Terms. We are and shall be under no obligation
(1) to maintain your Feedback in confidence; (2) to pay compensation for
your Feedback; or (3) to 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, libelous,
defamatory, pornographic, obscene or otherwise objectionable or violates
any party’s intellectual property or these Terms of Service. You agree
that your Feedback will not violate any right of any third-party,
including copyright, trademark, privacy, personality or other personal
or proprietary right. You further agree that your Feedback will not
contain libelous or otherwise unlawful, abusive or obscene Feedback, or
contain any computer virus or other malware that could in any way 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 Feedback.
You are solely responsible for any Feedback you make and its accuracy.
We take no responsibility and assume no liability for any Feedback
posted by you or any third-party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS Occasionally there may
be information on or in the Services that contain typographical errors,
inaccuracies or omissions that may relate to product descriptions,
pricing, promotions, offers, product shipping charges, transit 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 access and use the Services for
lawful purposes only. You may not access or use the Services, directly
or indirectly: (a) for any unlawful or malicious purpose; (b) to violate
any international, federal, provincial or state regulations, rules,
laws, or local ordinances; (c) to infringe upon or violate our
intellectual property rights or the intellectual property rights of
others; (d) to harass, abuse, insult, harm, defame, slander, disparage,
intimidate, or harm any of our employees or any other person; (e) to
transmit false or misleading information; (f) to send, knowingly
receive, upload, download, use, or re-use any material that does not
comply with the these Terms; (g) to transmit, or procure the sending of,
any advertising or promotional material, including any “junk mail,”
“chain letter,” “spam,” or any other similar solicitation; (h) to
impersonate or attempt to impersonate any other 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
Trudgers Club, 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 be used in any way
that will 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)
spam, phish, pharm, pretext, spider, crawl, or scrape; 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 notice,
if we determine that you have violated any part of these Terms.

SECTION 14 - TERMINATION We may terminate this agreement or your access
to the Services (or any part thereof) in our sole discretion at any time
without notice, and you will remain liable for all amounts due up to and
including the date of termination. The following sections will continue
to apply following any termination: Intellectual Property, Feedback,
Termination, Disclaimer of Warranties, Limitation of Liability,
Indemnification, Severability, Waiver; Entire Agreement, Assignment,
Governing Law, Privacy Policy, and any other provisions that by their
nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES The information presented on or
through the Services is made available solely for general information
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. We disclaim all liability and responsibility arising
from any reliance placed on such materials by you or any other visitor
to the Services, or by anyone who may be informed of any of its
contents. EXCEPT AS EXPRESSLY STATED BY Trudgers Club, THE SERVICES AND
ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS
AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR
CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND
NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR
USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR
OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 - LIMITATION OF LIABILITY TO THE FULLEST EXTENT PROVIDED BY
LAW, IN NO CASE SHALL Trudgers Club, OUR PARTNERS, DIRECTORS, OFFICERS,
EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR
LICENSORS, OR THOSE OF 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 FROM
YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE
SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE
SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR
OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS
A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF
ADVISED OF THEIR POSSIBILITY.

SECTION 17 - INDEMNIFICATION You agree to indemnify, defend and hold
harmless Trudgers Club, Shopify, and our affiliates, partners, officers,
directors, employees, agents, contractors, licensors, and service
providers from any losses, damages, liabilities or claims, including
reasonable attorneys’ fees, payable to any third party due to or arising
out of (1) your breach of these Terms of Service or the documents they
incorporate by reference, (2) your violation of any law or the rights of
a third party, or (3) your access to and use of the Services. We will
notify you of any indemnifiable claim, provided that a failure to
promptly notify will not relieve you of your obligations unless you are
materially prejudiced. We may control the defense and settlement of such
claim at your expense, including choice of counsel, but will not settle
any claim requiring non-monetary obligations from you without your
consent (not to be unreasonably withheld). You will cooperate in the
defense of indemnified claims, including by providing relevant
documents.

SECTION 18 - SEVERABILITY In the event that any provision of these Terms
of Service is determined to be unlawful, void or unenforceable, such
provision shall nonetheless be enforceable to the fullest extent
permitted by applicable law, and the unenforceable portion shall be
deemed to be severed from these Terms of Service, such determination
shall not affect the validity and enforceability of any other remaining
provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT The failure of us 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
and any policies or operating rules posted by us on this site or in
respect to the Service constitutes the entire agreement and
understanding between you and us and governs your use of the Service,
superseding any prior or contemporaneous agreements, communications and
proposals, whether oral or written, between you and us (including, but
not limited to, any prior versions of the Terms of Service). Any
ambiguities in the interpretation of these Terms of Service shall not be
construed against the drafting party.

SECTION 20 - ASSIGNMENT You may not delegate, transfer or assign this
Agreement or any of your rights or obligations under these Terms without
our prior written consent, and any such attempt will be null and void.
We may transfer, assign, or delegate these Terms and our rights and
obligations without consent or notice to you.

SECTION 21 - GOVERNING LAW These Terms of Service and any separate
agreements whereby we provide you Services shall be governed by and
construed in accordance with the federal and state or territorial courts
in the jurisdiction where Trudgers Club is headquartered. You and
Trudgers Club consent to venue and personal jurisdiction in such courts.

SECTION 22 - HEADINGS The headings used in this agreement are included
for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - 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, in our sole discretion, to update, change, or replace any part of
these Terms of Service by posting updates and changes to our website. It
is your responsibility to check our website periodically for changes. We
will notify you of any material changes to these Terms in accordance
with applicable law, and such changes will be effective on the date
specified in the notice. Your continued use of or access to the Services
following the posting of any changes to these Terms of Service
constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION Questions about the Terms of Service
should be sent to us at owner@primarypurposesupply.com. Our contact
information is posted below: Trudgers Club
owner@primarypurposesupply.com