Terms of service
TERMS OF SERVICE
OVERVIEW
This website is operated by Gator & Phoebs. Throughout the site, the terms “we,” “us,” and “our” refer to Gator & Phoebs. Gator & Phoebs offers this website, including all information, tools, products, and services available from this site to you, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional terms, conditions, and policies referenced herein or available by hyperlink. These Terms apply to all users of the site, including browsers, customers, vendors, merchants, and contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access the website or use our Services.
Any new features or tools added to the store will also be subject to these Terms. You may review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates or changes to our website. Your continued use of the website following the posting of changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides the e-commerce platform that enables us to sell products and Services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence, or that you are the age of majority and have given consent to allow your minor dependents to use this site.
You may not use our products or Services for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction while using the Service, including applicable copyright and intellectual property laws.
You must not transmit viruses, worms, malicious code, or other destructive material.
A breach or violation of these Terms may result in termination of your access to the Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any lawful reason at any time.
You understand that your content, excluding credit card information, may be transferred unencrypted and may involve transmissions over various networks or changes necessary to conform to technical requirements of connecting networks or devices. Credit card information is 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, access to the Service, or contact through the website without our express written permission.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect the Terms.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We make reasonable efforts to provide accurate and current information, but we do not guarantee that all information made available on this site is accurate, complete, or current.
Material on this site is provided for general information and should not be relied upon as the sole basis for making decisions where more complete or current information is reasonably available. Any reliance on material on this site is at your own risk.
This site may contain historical information that is provided for reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update all information.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service, or any part of it, without notice.
To the maximum extent permitted by law, we will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or Services may be available exclusively online through the website. Products may have limited quantities and are subject to return or exchange according to our Return and Refund Policy:
https://gatorandphoebs.com/policies/refund-policy
We make reasonable efforts to display product colors, images, dimensions, descriptions, and other details as accurately as possible. However, we cannot guarantee that your computer or device will display colors or images accurately.
Product photographs may be staged for presentation and may include decorative items, pets, furnishings, or accessories that are not included with the product unless specifically stated in the product description.
We reserve the right, but are not obligated, to limit sales of our products or Services to any person, geographic region, or jurisdiction where permitted by law. We may limit quantities purchased per person, household, account, or order.
Product descriptions, availability, pricing, and specifications may change without notice. We reserve the right to discontinue any product at any time.
We do not guarantee that every product or Service will meet every individual preference or expectation.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse, limit, or cancel any order you place with us where permitted by law.
Restrictions may include orders placed by or under the same customer account, credit card, billing address, shipping address, or other identifying information. If we modify or cancel an order, we may attempt to notify you using the email address, billing information, or other contact information provided at the time of purchase.
We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by unauthorized dealers, resellers, distributors, or for fraudulent or abusive purposes.
You agree to provide current, complete, and accurate purchase and account information and to promptly update your information as necessary so we can complete transactions and contact you regarding your orders.
For additional information regarding returns and refunds, please review our Return and Refund Policy:
https://gatorandphoebs.com/policies/refund-policy
SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools over which we do not monitor and may have no control or input.
You acknowledge that access to such tools may be provided “as is” and “as available,” without warranties, representations, or conditions of any kind from us.
Your use of optional third-party tools is at your own risk and discretion, and you should review the terms and policies of the applicable third-party provider.
We may offer new Services, features, tools, or resources in the future. Such additions will also be subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS AND SERVICES
Certain content, products, or Services available through our website may include materials or services provided by third parties.
Third-party links may direct you to websites that are not affiliated with Gator & Phoebs. We are not responsible for examining or evaluating the content, accuracy, security, policies, or practices of third-party websites.
To the extent permitted by law, we are not responsible for damages or losses resulting from your use of third-party websites, products, resources, or Services.
Please review third-party policies before engaging in transactions with those providers. Questions or concerns regarding third-party products or services should be directed to the applicable third party.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If you send us ideas, suggestions, proposals, feedback, reviews, photographs, comments, or other materials, whether requested or unsolicited, you agree that we may use, reproduce, edit, publish, distribute, translate, or otherwise use those materials as permitted by applicable law and the permissions granted when the content was submitted.
We are under no obligation to maintain unsolicited submissions in confidence, compensate you for unsolicited submissions, or respond to them unless otherwise required by law.
We may monitor, edit, or remove content that we determine violates these Terms, applicable law, intellectual property rights, or standards applicable to our website.
You agree that your submissions will not violate the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You may not submit unlawful, abusive, defamatory, obscene, fraudulent, or malicious content, viruses, malware, or other harmful material.
You are responsible for the content and accuracy of materials you submit.
SECTION 10 - PERSONAL INFORMATION
Your submission and our handling of personal information through the store are governed by our Privacy Policy:
https://gatorandphoebs.com/policies/privacy-policy
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on our website or within the Service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, dimensions, specifications, inventory, or availability.
We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if information in the Service is inaccurate, including after an order has been submitted, subject to applicable law.
We undertake no obligation to update, amend, or clarify information except as required by law.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions contained in these Terms, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in unlawful acts;
(c) to violate applicable international, federal, state, provincial, or local laws or regulations;
(d) to infringe upon our intellectual property rights or the rights of others;
(e) to harass, abuse, threaten, defame, intimidate, or unlawfully discriminate against others;
(f) to submit false or misleading information;
(g) to upload or transmit viruses, malware, or malicious code;
(h) to improperly collect or track personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, scrape, or otherwise interfere with the Service except as permitted by law;
(j) for obscene, fraudulent, or malicious purposes; or
(k) to interfere with or circumvent security features of the Service, website, or related systems.
We reserve the right to terminate or restrict your use of the Service for violating these prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of the Service will always be uninterrupted, timely, secure, or error-free.
We do not warrant that results obtained through use of the Service will always be accurate or reliable.
You acknowledge that we may occasionally suspend, modify, or discontinue portions of the Service.
Except as expressly stated by us or required by applicable law, the Service and products and Services delivered through the Service are provided “as is” and “as available,” without representations, warranties, or conditions of any kind, whether express or implied.
To the maximum extent permitted by applicable law, Gator & Phoebs and our owners, officers, employees, affiliates, agents, contractors, suppliers, service providers, and licensors will not be liable for indirect, incidental, punitive, special, exemplary, or consequential damages, including lost profits, lost revenue, lost savings, loss of data, or replacement costs, arising from your use of the Service or products purchased through the Service.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under applicable law.
SECTION 14 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Gator & Phoebs and our owners, affiliates, partners, officers, employees, agents, contractors, licensors, service providers, subcontractors, and suppliers from claims, demands, losses, liabilities, and reasonable attorneys’ fees arising from your material breach of these Terms, violation of applicable law, or violation of the rights of a third party.
SECTION 15 - 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, and the unenforceable portion will be deemed severed from these Terms.
Such determination will not affect the validity or enforceability of the remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to termination will survive termination where applicable.
These Terms remain effective unless terminated by you or us. You may stop using our Services at any time.
If we reasonably determine that you have violated these Terms, we may suspend or terminate your access to the Service where permitted by law. You will remain responsible for amounts properly due and owing before termination.
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
These Terms, together with policies and operating rules posted by us on this website, constitute the agreement between you and us regarding your use of the Service and supersede prior or contemporaneous communications, proposals, or agreements concerning the same subject matter.
Any ambiguities in the interpretation of these Terms will not automatically be construed against either party solely because that party drafted the Terms.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide Services to you will be governed by and construed in accordance with the laws of the State of Texas and applicable federal laws of the United States, without regard to conflict-of-law principles, except where applicable consumer protection law requires otherwise.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You may review the most current version of these Terms at any time on this page.
We reserve the right, at our discretion, to update, change, or replace any part of these Terms by posting updates to our website.
Your continued use of or access to the website or Service following the posting of changes constitutes acceptance of those changes to the extent permitted by applicable law.
SECTION 20 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to:
Gator & Phoebs
Email: info@gatorandphoebs.com
Website: https://gatorandphoebs.com