Terms of service

0 OVERVIEW

This website is operated by Everwest Group LLC, doing business as Modern Cactus Studio. Throughout the site, the terms “we”, “us” and “our” refer to Everwest Group LLC, doing business as Modern Cactus Studio. Everwest Group LLC, doing business as Modern Cactus Studio offers this website, including all information, tools and services available from this site to you, the user, 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 the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on 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 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 this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or 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 (not including 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 or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

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 without consulting more accurate sources. Any reliance is at your own risk. This site may contain historical information which is not current and is provided for reference only. We reserve the right to modify content at any time but have no obligation to update it.

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 at any time without notice. We shall not be liable for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable) Certain products may be available exclusively online. These may have limited quantities and are subject to return only according to our Return Policy. We do not guarantee that product colors displayed on your device will be accurate. We reserve the right to limit sales or quantities at our discretion. All descriptions and pricing are subject to change without notice.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION We reserve the right to refuse any order. We may limit or cancel quantities at our discretion. We may notify you if changes occur. You agree to provide accurate account and purchase information.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS We may provide access to third-party tools without monitoring or control. These are provided “as is” without warranties.

SECTION 8 - THIRD-PARTY LINKS We are not responsible for third-party websites or content.

SECTION 9 - USER COMMENTS, FEEDBACK AND SUBMISSIONS We may use submissions without restriction. You agree your submissions are lawful and do not infringe rights of others.

SECTION 10 - PERSONAL INFORMATION Your submission of personal information is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS We reserve the right to correct errors and update information at any time.

SECTION 12 - PROHIBITED USES You may not use the site for unlawful purposes or prohibited activities as listed in this section.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY Services are provided “as is” without warranties. We are not liable for damages arising from use of the service.

SECTION 14 - INDEMNIFICATION You agree to indemnify Everwest Group LLC, doing business as Modern Cactus Studio, from claims arising from your violation of these terms.

SECTION 15 - SEVERABILITY If any provision is found unenforceable, remaining provisions remain valid.

SECTION 16 - TERMINATION We may terminate service at any time for violations of these terms.

SECTION 17 - ENTIRE AGREEMENT These Terms constitute the entire agreement between you and us.

SECTION 18 - GOVERNING LAW These Terms are governed by the laws of the United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE We may update these Terms at any time.

SECTION 20 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at privacy@moderncactusstudio.com.