Terms of Service

Overview

Welcome to Thesoulmate! “We,” “us,” and “our” refer to Thesoulmate. Thesoulmate operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the “Service”). Thesoulmate is powered by Shopify, which enables us to provide the Service to you.

The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Service.

Please read these Terms of Service carefully as they contain important information regarding your legal rights and cover areas such as warranty disclaimers and limitations of liability. By accessing, interacting with, or using our Service, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Service. 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 consented to allow any of your minor dependents to use the Service on devices owned, purchased, or managed by you. To use the Services, including accessing or browsing our online store or purchasing any 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 information you provide on our store is correct, current, and complete, and that you have all rights necessary to provide such information. You are solely responsible for maintaining the security of your account credentials and all 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 accurately display our products and services on our online store. However, please note that the color or appearance of products may vary from what appears on your screen due to the type of device you use to access the store and your device settings and configuration. We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or be identical to that described or presented in our online store. We reserve the right to change all product descriptions at any time without notice, to discontinue any product at any time, and to limit the quantity of any product we offer to any person, geographic area, or jurisdiction on a case-by-case basis. Section 3 - Orders

Placing an order constitutes an offer to purchase. Thesoulmate reserves the right, in its sole discretion, to accept or reject your order for any reason. Your order will not be accepted until Thesoulmate confirms its acceptance. We must receive and process your payment before we can accept your order. Please review your order carefully before submitting it, as Thesoulmate may not be able to process cancellation requests after order acceptance. If we do not accept, change, or cancel your order, we will attempt to notify you via the email, billing address, and/or phone number you provided when placing your order.

Your purchases must be returned or exchanged in full accordance with our refund policy.

You represent and warrant that the items you purchase are for your personal or household use only 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 products or services will be the price in effect at the time the order is placed and will be listed in your order confirmation email. Unless expressly stated otherwise, listed prices do not include taxes, shipping, handling, duties, or import fees.

Prices listed on our online store may differ from prices in our physical stores, online stores, or other stores operated by third parties. From time to time, we may offer promotions on our services that may affect pricing and be subject to terms and conditions that differ from these Terms. If the terms of a promotion conflict with these Terms, the terms of the promotion will control.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card number, and expiration date, 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 purchases; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay the posted prices, including shipping and handling charges and all applicable taxes, if any.

Section 5 - Shipping and Delivery

We are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events beyond our control. Title and risk of loss pass to you once we transfer the product to the carrier.

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 Thesoulmate, 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 solely for your personal, non-commercial use. You may not copy, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any materials on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting you any license or other right under any patent, trademark, copyright, or other intellectual property right of Thesoulmate, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. Thesoulmate reserves all rights not expressly granted herein.

Thesoulmate's name, logos, product and service names, designs, and slogans are trademarks of Thesoulmate or its affiliates or licensors. You may not use such trademarks without Thesoulmate's prior written permission. The Shopify 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 Service are trademarks of their respective owners.

Section 7 - Optional Tools

You may be given access to customer tools provided by third parties as part of the Service, which we neither monitor nor have any control nor input into.

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 do not endorse. We assume no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use of optional tools offered by you is entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms on which tools are provided by the relevant third-party provider(s).

We may also offer new features through the Service in the future (including, by releasing new tools and resources). Such new features shall also be considered part of the Service and 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 features). 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 and access these materials or third-party websites, you do so at your own risk.

We are not responsible for any damage or loss arising from your visit to any third-party websites or your purchase or use of any products, services, resources, or content on any third-party websites. Please review the third-party's 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 third party.

Section 9 - Relationship with Shopify

Thesoulmate is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make on our store are conducted directly with Thesoulmate. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Thesoulmate, including any injury, damage, or loss incurred from the purchase of products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising out of or related to your purchases and transactions with Thesoulmate.

Section 10 - Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. 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 visits to and use of the Services in order to provide and improve the Services to you. Information you submit to the Services will be transferred to and shared with Shopify and third parties, who may be located in countries other than your country of residence, in order to provide you with the Services. Review our Privacy Policy for more details on how we, Shopify, and its partners use your personal information.

Section 11 - Feedback

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, comments, 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 media for any purpose, including commercial purposes. For example, we may use the rights granted 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 all necessary rights in all Feedback; (ii) you have disclosed any compensation or incentive received for submitting Feedback; and (iii) your Feedback will comply with these Terms. We are and will have no obligation to (1) keep your Feedback confidential; (2) pay you compensation for your Feedback; or (3) respond to your Feedback. We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion are 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 libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, impersonate 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 provide and its accuracy. We assume no liability for any Feedback posted by you or any third-party.

Section 12 - Errors, Inaccuracies, and Omissions.

Occasionally, information on the Service may 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 any orders containing inaccuracies at any time without prior notice (including after you have submitted your order).

Section 13 - Prohibited Uses

You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any illegal or malicious purpose; (b) to violate any international, federal, provincial or state regulation, rule, law or local ordinance; (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 inconsistent with 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 from using or enjoying the Services, or that, as determined by us, may harm Origami Owl, Shopify or users of the Services or expose them to liability. Furthermore, 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 to affect the functionality or operation of the Service; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service; (c) collect or track the personal information of others; (d) spam, phish, prank, pretext, spider, scrape, or crawl; or (e) interfere with or circumvent the security features of the Service 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 of these Terms.

Section 14 - Termination

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

Section 15 - Disclaimer

The information provided on or through the Service is for general information purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on this information is at your own risk. We assume no liability arising from any reliance placed on this material by you or any other visitor to the Service or anyone else who becomes aware of its contents.

Except as expressly stated by Thesoulmate, the Service and all products available through the Service are provided for your use on an "as is" and "as available" basis, without any representations, warranties, or conditions of any kind, whether 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 Service will be uninterrupted or timely., secure, or error-free. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimers may not apply to you.

Section 16 - Limitation of Liability

To the maximum extent permitted by law, in no event shall Thesoulmate, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or 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 from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of the possibility of such loss or damages.

Section 17 - Indemnification You agree to indemnify, defend, and hold harmless Thesoulmate, Shopify, and their affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any loss, damage, liability, or claim (including reasonable attorneys' fees) resulting from 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, but failure to promptly notify you will not relieve you of your obligations unless you are materially harmed. We may control the defense and settlement of any such claim at your expense, including selection of counsel, but we will not settle any claim that imposes a non-monetary obligation on you without your consent, which will not be unreasonably withheld. You will cooperate in the defense of any indemnified claim, including by producing relevant documents. Section 18 - Severability

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that 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

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 and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern 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 hereunder, without our prior written consent, and any attempt to do so shall be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

Section 21 - Governing Law

These Terms of Service and any separate agreements where we provide you Services shall be governed by and construed in accordance with the federal, state, or local courts located in the jurisdiction of Thesoulmate. You and Thesoulmate consent to venue and personal jurisdiction in such courts.

Section 22 - Headings

The headings used in this Agreement are 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 these Terms of Service at any time at this page.

We reserve the right, at 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 Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 24 - Contact Information

Questions regarding the Terms of Service should be sent to us using the following contact information:

1505 Pearl St, Boulder, CO 80302