Terms of Service

Overview

Welcome to Elevatshine! The terms “we,” “us,” and “our” refer to Elevatshine. Elevatshine 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”). Elevatshine is powered by Shopify, which enables us to provide the Services 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 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. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access the 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 store 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 information you provide 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 store. However, colors and product appearance may differ depending on your device, screen settings, and configuration.

Because Elevatshine products may be individually produced and embroidered, minor variations in embroidery, stitching, placement, color, or appearance may naturally occur between items. Please refer to our Refund Policy for additional information regarding product variations, damaged items, and incorrect orders.

We do not warrant that the appearance or quality of products or services purchased by you will exactly match how they appear or are rendered in our online store.

All product descriptions 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 quantities offered 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. Elevatshine reserves the right to accept or decline your order for any lawful reason at its discretion.

Your order is not accepted until Elevatshine confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, including your selected product, size, color, shipping information, and other order details. Because our products may be made to order, Elevatshine may be unable to accommodate cancellation or modification requests after an order has been accepted or entered production.

If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided with the order.

Purchases are subject to returns, refunds, or exchanges solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for unauthorized 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 when the order is placed and will be reflected in your order confirmation.

Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, handling, customs, or import charges.

We may offer promotions from time to time that affect pricing and are governed by separate terms and conditions. If there is a conflict between promotional terms and these Terms, the promotional terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store and to promptly update such information when necessary.

You represent and warrant that the payment information you provide is true and correct, that you are authorized to use the payment method provided, and that you will pay all charges incurred at the posted prices, including applicable shipping charges and taxes.

Section 5 — Shipping and Delivery

All processing, fulfillment, and delivery times provided by Elevatshine are estimates and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs processing, weather, or other circumstances outside our reasonable control, subject to any rights you may have under applicable law.

Please review our Shipping Policy for additional information regarding order fulfillment and delivery.

Section 6 — Intellectual Property

Our Services, including but not limited to trademarks, brand names, text, displays, images, graphics, product designs, logos, artwork, photographs, video, audio, and the design, selection, and arrangement thereof, are owned by Elevatshine, its affiliates, or licensors and are protected by applicable U.S. and foreign 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 from, publicly display, publicly perform, republish, download, store, sell, or transmit material from the Services without our prior written consent except where otherwise permitted by law.

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 belonging to Elevatshine, Shopify, or any third party.

Elevatshine's names, logos, product and service names, designs, artwork, and slogans are trademarks or other intellectual property of Elevatshine or its applicable licensors. They may not be used without prior written permission from Elevatshine.

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 appearing through the Services are the property of their respective owners.

Section 7 — Optional Tools

You may be provided access to tools offered by third parties as part of the Services that we neither monitor nor control.

You acknowledge and agree that access to such tools is provided “as is” and “as available” without warranties, representations, or conditions of any kind and without endorsement.

Any use of optional third-party tools is at your own risk and discretion, and you should review the terms under which those third parties provide their tools.

We may offer new features, tools, and resources through the Services in the future. Such features will also be deemed part of the Services and subject to these Terms.

Section 8 — Third-Party Links

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access.

If you leave the Services to access third-party materials or websites, you do so at your own risk.

We are not responsible for harm or damages relating to your access to third-party websites or your purchase or use of products, services, resources, or content offered through them.

Please carefully review third parties' policies and practices before engaging in transactions with them. Questions or concerns regarding third-party products and services should be directed to the applicable third party.

Section 9 — Relationship With Shopify

Elevatshine 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 Elevatshine.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Elevatshine, 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 Elevatshine.

Section 10 — Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify's Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes certain personal information relating to your access to and use of the Services in order to provide and improve the Services.

Information submitted through the Services may be transmitted to and shared with Shopify and applicable third-party service providers, which may operate in countries other than where you reside.

Please review our Privacy Policy for more information regarding how personal information is collected, used, and shared.

Section 11 — Feedback

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (“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 purposes related to operating, improving, and promoting the Services.

You represent and warrant that you own or have all necessary rights to any Feedback you provide and that your Feedback does not violate applicable laws or the rights of any third party.

We are under no obligation to maintain Feedback in confidence, compensate you for Feedback, or respond to Feedback.

We may monitor, edit, or remove Feedback that we determine violates these Terms or applicable law.

You are solely responsible for the Feedback you provide and its accuracy.

Section 12 — Errors, Inaccuracies, and Omissions

Occasionally, information available through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if information is inaccurate, including after an order has been submitted, subject to applicable law.

Section 13 — Prohibited Uses

You may access and use the Services for lawful purposes only.

You may not use the Services to violate applicable laws or regulations; infringe intellectual property or other rights; harass, abuse, threaten, defame, or harm another person; transmit false or misleading information; distribute malware or malicious code; send spam or other unauthorized solicitations; impersonate another person or entity; collect personal information about others without authorization; interfere with the security or operation of the Services; or engage in conduct that restricts or inhibits another person's use of the Services.

You may not reproduce, duplicate, copy, extract, sell, resell, or exploit portions of the Services without authorization.

You may not use automated tools, robots, spiders, scraping tools, data extraction tools, or other automated processes to access or extract information from the Services except as expressly permitted by us or applicable law.

We reserve the right to suspend, disable, or terminate access to the Services if we determine that these Terms have been violated.

Section 14 — Agents

This section applies if you use, allow, enable, or cause the deployment of an autonomous or semi-autonomous software agent (“Agent”) to access, use, or interact with the Services.

No Agent may access or interact with the Services unless it appropriately identifies itself and complies with applicable technical and access requirements.

Agents must not conceal or misrepresent their automated nature, circumvent CAPTCHAs or similar measures, or circumvent measures intended to block, limit, modify, or control automated access to the Services.

We may limit, including through technical measures, whether and how Agents access, use, or interact with the Services.

Section 15 — Termination

We may terminate this agreement or your access to the Services, or any portion thereof, in our discretion and in accordance with applicable law.

You will remain responsible for amounts properly due through the date of termination.

Provisions that by their nature should survive termination will remain in effect, including provisions regarding intellectual property, feedback, disclaimers, limitations of liability, indemnification, governing law, and other applicable provisions.

Section 16 — Disclaimer of Warranties

Information presented through the Services is made available for general informational purposes.

We do not warrant the accuracy, completeness, or usefulness of information provided through the Services, and reliance on such information is at your own risk.

EXCEPT AS EXPRESSLY STATED BY ELEVATSHINE OR REQUIRED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Section 17 — Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ELEVATSHINE AND ITS PARTNERS, AFFILIATES, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PROCURED THROUGH THE SERVICES.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Section 18 — Indemnification

You agree, to the extent permitted by applicable law, to indemnify, defend, and hold harmless Elevatshine, Shopify, and our applicable affiliates, partners, employees, agents, contractors, licensors, and service providers from third-party claims arising from your breach of these Terms, your violation of applicable law or third-party rights, or your misuse of the Services.

Section 19 — Severability

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

Such determination will not affect the validity and enforceability of the remaining provisions.

Section 20 — Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms and any policies or operating rules posted by Elevatshine relating to the Services constitute the agreement between you and Elevatshine regarding your use of the Services and supersede prior or contemporaneous agreements regarding such use.

Section 21 — Assignment

You may not delegate, transfer, or assign these Terms or your rights or obligations under them without our prior written consent.

We may transfer, assign, or delegate these Terms and our rights and obligations as permitted by applicable law.

Section 22 — Governing Law

These Terms of Service and any separate agreements through which we provide the Services will be governed by and construed in accordance with applicable laws in the jurisdiction in which Elevatshine is headquartered, subject to any mandatory consumer protections or other laws that apply to you.

Section 23 — Headings

Headings in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

Section 24 — Changes to These Terms

You may review the most current version of these Terms of Service on this page.

We reserve the right to update, change, or replace portions of these Terms by posting updates to our website.

Where required by applicable law, we will provide notice of material changes. Continued use of the Services after changes become effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.

Section 25 — Contact Information

Questions regarding these Terms of Service may be sent to:

Elevatshine
Email: shinyelevation@gmail.com