INTRODUCTION

FIASCO operates this website, and within these pages, “we,” “us,” and “our” refer to FIASCO. By using this website, you gain access to various information, tools, and services, but this access is contingent upon your agreement to all the terms, conditions, policies, and notices outlined here.

When you visit our site or make a purchase, you participate in our “Service” and agree to comply with these Terms of Service (“Terms”), which include additional policies and conditions linked here or accessible via hyperlink. These Terms apply to everyone using the site, including browsers, vendors, customers, merchants, and content contributors, without exception.

We urge you to thoroughly review these Terms before engaging with our website. By accessing or using any part of the site, you accept these Terms in full. If you do not agree with any part of these Terms, you must refrain from accessing the site or using our services. Should these Terms be considered an offer, acceptance is strictly limited to these Terms.

Our platform is hosted by Shopify Inc., which provides the e-commerce infrastructure that enables us to offer our products and services to you.

SECTION 1 - GENERAL TERMS FOR USING OUR ONLINE STORE

By agreeing to these Terms, you confirm that you are at least the age of majority in your state or province of residence, or, if you are the age of majority, that you have permitted your minor dependents to use this site with your consent.
You are prohibited from using our products for any illegal or unauthorized activities, and you must not violate any laws in your jurisdiction while using the Service, including copyright laws.
You must not transmit any viruses, worms, or destructive code.
Any violation of these Terms will lead to the immediate termination of your access to our Services.

SECTION 2 - CONDITIONS OF USE

We retain the right to deny service to anyone at our discretion, at any time, for any reason.
Your content (excluding credit card information) may be transferred unencrypted, involving (a) transmission across various networks and (b) modifications to meet the technical demands of connecting networks or devices. Credit card information, however, is always encrypted during transmission.
Without our explicit written consent, you may not reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, its use, or access, including any contact information on the website through which the Service is provided.
Headings in this agreement are for convenience only and do not affect or limit the Terms.

SECTION 3 - SERVICE AND PRICE CHANGES

We may alter or discontinue the Service (or any part of it) at any time without prior notice.
Product prices are subject to change without warning.
We are not liable to you or any third party for any changes, price adjustments, suspension, or discontinuation of the Service.

SECTION 4 - INFORMATION ACCURACY AND TIMELINESS

We are not liable if the information on this site is inaccurate, incomplete, or outdated. The content on this site is for general informational purposes only and should not be the sole basis for decision-making without consulting more accurate, complete, or timely sources. Relying on this site’s content is at your own risk.
The site may include historical information, which is not current and is provided for reference only. We may modify the site’s content at any time, but we are not obligated to update it. It is your responsibility to monitor updates to the site.

SECTION 5 - PRODUCTS AND SERVICES

Some products or services may be available exclusively online and are subject to our Return Policy for returns or exchanges. Quantities may be limited.
We strive to accurately display the colors and images of our products, but we cannot guarantee the accuracy of your monitor’s display.
We reserve the right to limit sales of our products or Services to specific individuals, regions, or jurisdictions on a case-by-case basis, as well as to limit quantities offered. Product descriptions and pricing may change at our discretion without notice. We may discontinue products at any time, and any offer for products or services is void where prohibited.
We do not guarantee that the quality of products, services, information, or materials you purchase will meet your expectations, nor do we guarantee that errors in the Service will be corrected.

SECTION 6 - BILLING AND ACCOUNT INFORMATION ACCURACY

We may refuse any order at our discretion and may limit or cancel quantities purchased per person, household, or order. Restrictions may apply to orders using the same customer account, credit card, or billing/shipping address. If we modify or cancel an order, we may attempt to notify you using the email or billing address/phone number provided at the time of the order. We also reserve the right to restrict orders that appear, in our judgment, to be placed by dealers, resellers, or distributors.
You must provide accurate, complete, and current purchase and account information for all transactions in our store. You are responsible for updating your account details, including email, credit card numbers, and expiration dates, to ensure we can process your transactions and contact you as needed.
Please refer to our Returns Policy for additional details.

SECTION 7 - THIRD-PARTY TOOLS

We may offer access to third-party tools that we do not monitor, control, or influence.
You agree that we provide these tools “as is” and “as available” without warranties, representations, or endorsements. We bear no liability for any issues arising from your use of these tools.
Your use of optional third-party tools is at your own risk, and you should familiarize yourself with the terms provided by the third-party provider(s).
Future features or services we introduce on the website, including new tools, will also be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS AND CONTENT

Our Service may include third-party content, products, or services.
Third-party links on our site may lead to external websites not affiliated with us. We are not responsible for evaluating their content or accuracy and do not warrant or assume liability for third-party materials, websites, products, or services.
We are not liable for any harm or damages related to transactions involving third-party websites. You should review the third-party’s policies and ensure you understand them before engaging in any transaction. Any complaints, claims, or questions about third-party products should be directed to the third party.

SECTION 9 - USER SUBMISSIONS AND FEEDBACK

If you submit content at our request (e.g., contest entries) or voluntarily provide creative ideas, suggestions, or materials (collectively “comments”)—whether online, by email, mail, or otherwise—you grant us the unrestricted right to edit, copy, publish, distribute, translate, and use such comments in any medium without restriction. We are not obligated to (1) keep comments confidential, (2) compensate you for comments, or (3) respond to comments.
We may, but are not required to, monitor, edit, or remove content we deem unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates intellectual property or these Terms.
Your comments must not violate third-party rights, including copyright, trademark, privacy, or other proprietary rights, nor contain unlawful, abusive, or obscene material, or any malware that could affect the Service or related websites. You may not use a false email address, impersonate others, or mislead us or third parties about the origin of your comments. You are solely responsible for the accuracy of your comments, and we assume no liability for comments posted by you or others.

SECTION 10 - RESTRICTED USES

You are prohibited from using the site or its content: (a) for unlawful purposes; (b) to encourage others to engage in unlawful acts; (c) to violate any international, federal, or state laws or local ordinances; (d) to infringe on our or others’ intellectual property rights; (e) to harass, abuse, defame, slander, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to provide false or misleading information; (g) to upload viruses or malicious code that could impact the Service, related websites, or the internet; (h) to collect or track others’ personal information; (i) to spam, phish, crawl, or scrape; (j) for obscene or immoral purposes; or (k) to interfere with the Service’s security features. Violation of these restrictions may result in termination of your access to the Service.

SECTION 11 - PERSONAL DATA

Your submission of personal information through our store is governed by our Privacy Policy. Please review our Privacy Policy for details.

SECTION 12 - ERRORS AND OMISSIONS

Our site or Service may occasionally contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct such errors, update information, or cancel orders if any information is inaccurate, even after an order is placed, without prior notice.
We are not obligated to update or clarify information on the Service or related websites, including pricing, unless required by law. No update or refresh date on the Service or related websites indicates that all information has been modified or updated.

SECTION 13 - WARRANTY DISCLAIMER AND LIABILITY LIMITATION

We do not guarantee that the Service will be uninterrupted, timely, secure, or error-free, nor do we warrant the accuracy or reliability of results obtained from the Service.
We may suspend or cancel the Service at any time without notice, and you agree that your use of the Service is at your sole risk. All products and services are provided “as is” and “as available” without any warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, durability, title, or non-infringement.
FIASCO, its directors, employees, affiliates, agents, contractors, suppliers, or licensors will not be liable for any direct, indirect, incidental, punitive, or consequential damages—including lost profits, revenue, savings, data, or replacement costs—arising from your use of the Service or products, even if advised of the possibility of such damages. In jurisdictions where the exclusion of certain damages is not permitted, our liability will be limited to the maximum extent allowed by law.

SECTION 14 - INDEMNITY

You agree to indemnify, defend, and hold harmless FIASCO, its affiliates, partners, officers, directors, agents, contractors, licensors, suppliers, and employees from any claims, demands, or damages, including reasonable attorneys’ fees, arising from your breach of these Terms, incorporated documents, or violation of any law or third-party rights.

SECTION 15 - TERMINATION OF SERVICE

These Terms remain in effect until terminated by you or us. You may terminate by notifying us that you no longer wish to use our Services or by ceasing use of the site.
If we determine, at our discretion, that you have violated any provision of these Terms, we may terminate this agreement without notice, and you will remain liable for all amounts due up to the termination date. We may also deny you access to the Services thereafter.
Obligations and liabilities incurred before termination will survive termination.

SECTION 16 - SEVERABILITY OF PROVISIONS

If any provision of these Terms is deemed unlawful, void, or unenforceable, that provision will be enforceable to the fullest extent permitted by law, and the unenforceable portion will be severed, leaving the remaining provisions valid and enforceable.

SECTION 17 - ENTIRE AGREEMENT

These Terms, along with any policies or rules posted on this site or related to the Service, constitute the entire agreement between you and us, superseding any prior agreements, communications, or proposals, whether oral or written.
Our failure to enforce any right or provision of these Terms does not waive that right or provision.
Ambiguities in these Terms will not be interpreted against the drafting party.

SECTION 18 - UPDATES TO TERMS

We may update, modify, or replace these Terms at our discretion by posting changes on our website. You are responsible for periodically reviewing this page for updates. Your continued use of the site or Service after changes are posted constitutes your acceptance of the updated Terms.
You can always view the latest version of the Terms on this page.

SECTION 19 - GOVERNING LAW

These Terms and any related agreements for Services we provide will be governed by and interpreted in accordance with the laws of the United States of America and the State of Arizona, without regard to conflict of law principles.

SECTION 20 - CONTACT US

For any questions regarding these Terms of Service, please contact us at info@shopfiasco.com.