Terms of Service

OVERVIEW

Welcome to Trakeys. The terms “we,” “us,” and “our” refer to Trakeys. Trakeys operates this store and website, including all information, content, features, tools, products, and services to provide you, the customer, with a curated shopping experience (the “Services”). Trakeys uses Shopify technology that enables us to provide the Services.

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

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as disclaimers and limitations of liability.

By viewing, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or our Privacy Policy, you should not use our 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 the state or province where you reside and that you have given us your consent to allow any minors under your care to use the Services on devices that you own, purchase, or manage.

To use the Services, including accessing our online stores, browsing them, or purchasing any product or service we offer, you may be required to provide certain information, such as your email address, billing address, payment method, and shipping address. You represent and warrant that all information you provide through our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity conducted through your account. You may not transfer, sell, or assign your account to another person, or grant any licenses associated with your account.

SECTION 2: OUR PRODUCTS

We have made every effort to provide accurate representations of our products and services in our online stores. However, please note that product colors or appearance may differ from how they appear on your screen due to the type of device you use to access the store and its settings.

We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to those displayed in our online stores.

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 we may limit the quantities of products we offer to any person, geographic region, or jurisdiction, as applicable.

SECTION 3: ORDERS

When you place an order, you are making an offer to purchase. Trakeys reserves the right to accept or reject your order for any reason at our sole discretion. Your order will not be accepted until Trakeys confirms its acceptance. We must receive and process your payment before your order is accepted.

Please carefully review your order before submitting it, as Trakeys may not be able to accommodate cancellation requests once an order has been accepted.

If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, or phone number provided when the order was placed.

Your purchases are subject to returns or exchanges only in accordance with our Refund Policy [LINK].

You represent and warrant that your purchases are solely for personal or household use and not for resale or commercial export purposes.

SECTION 4: PRICING 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 at the time the order is placed and will be stated in the order confirmation email you receive. Unless expressly stated otherwise, published prices do not include taxes, shipping, handling, customs duties, or import fees.

Prices displayed in our online stores may differ from prices offered in physical, online, or other stores operated by third parties.

From time to time, we may offer promotions through the Services that may affect pricing and that are governed by terms and conditions different from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.

For all purchases made through our stores, you agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update your account information and other details, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as necessary.

You represent and warrant that: (i) the credit card information you provide is true, accurate, and complete; (ii) you are duly authorized to use the credit card for the purchase; (iii) your credit card company will honor the charges you incur; and (iv) you will pay all charges incurred at the published prices, including applicable shipping, handling, and taxes.

SECTION 5: SHIPPING AND DELIVERY

We are not responsible for delays in shipping or delivery. All delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs processing, or events beyond our control.

Once we deliver the products to the shipping carrier, title to and risk of loss for the products pass to you.

SECTION 6: INTELLECTUAL PROPERTY

Our Services, including, without limitation, trademarks, brands, text, samples, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are owned by Trakeys, its affiliates, or licensors and are protected by United States and foreign copyright and other intellectual property laws.

These Terms permit you to use the Services solely for personal and non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material contained in the Services without our prior written consent.

Unless expressly stated herein, nothing in these Terms grants or should be construed as granting you any license or other right with respect to any patents, trademarks, copyrights, or other intellectual property belonging to Trakeys, Shopify, or third parties.

Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. Trakeys reserves all rights not expressly granted herein.

The names, logos, product and service names, designs, and slogans of Trakeys are trademarks of Trakeys, its affiliates, or its licensors. You may not use such trademarks without Trakeys’ prior written consent.

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 appearing on the Services are trademarks of their respective owners.

SECTION 7: OPTIONAL TOOLS

As part of the Services, we may provide you with access to third-party tools over which we do not exercise supervision, control, or involvement.

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

We will not be liable for any issues arising from your use of optional third-party tools.

Your use of optional third-party tools offered through the site is entirely at your own risk, and you should ensure that you are familiar with and approve of the terms under which such tools are provided by the relevant third-party providers.

We may also offer new features through the Services in the future, including the release of new tools and resources. Such new features will also be considered part of the Services and will be 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 embedded third-party functionality.

We are not responsible for examining or evaluating, and do not warrant the accuracy of, materials or websites operated by third parties that you choose to access.

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

We are not responsible for any loss or damage related to your access to third-party websites or your purchase or use of products, services, or resources from third-party websites.

Please carefully review third-party policies and practices and make sure you understand them before entering into any transaction.

Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the applicable third party.

SECTION 9: RELATIONSHIP WITH SHOPIFY

Trakeys uses Shopify technology that enables us to provide the Services. However, any sale or purchase made through our store is conducted directly between you and Trakeys.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales occurring between you and Trakeys, including injuries, damages, or losses caused by products or services purchased.

You expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or relating to your purchases and transactions with Trakeys.

SECTION 10: PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be found here [LINK], and certain personal information may also be subject to Shopify’s Privacy Policy, which can be found here.

By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted on Shopify, Shopify collects and processes personal information related to your access to and use of the Services in order to provide and improve the Services for you.

To provide you with the Services, information you submit through the Services may be transmitted to and shared with Shopify and third parties that may be located in countries other than your own.

For more information about how we, Shopify, and our partners use your personal information, please review our Privacy Policy [LINK].

SECTION 11: COMMENTS

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, “Comments”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Comments in any medium and for any purpose, including commercial purposes.

For example, we may exercise our rights under this license to operate, provide, evaluate, optimize, improve, and promote the Services and to comply with our obligations and enforce our rights under these Terms of Service.

You also represent and warrant that: (i) you own or otherwise have all necessary rights to all Comments; (ii) you have disclosed any compensation or incentives received in connection with submitting the Comments; and (iii) your Comments comply with these Terms.

We have no obligation to: (1) maintain your Comments in confidence; (2) provide compensation for your Comments; or (3) respond to your Comments.

We may, but have no obligation to, monitor, edit, or remove Comments that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, objectionable, or otherwise in violation of any party’s intellectual property rights or these Terms of Service.

You agree that your Comments will not violate any third-party rights, including copyrights, trademarks, privacy rights, personality rights, or other personal or proprietary rights.

You further agree that your Comments will not contain defamatory, unlawful, abusive, or obscene material, computer viruses, or other malware that could in any way affect the operation of the Services or any related website.

You may not use a false email address, impersonate another person, or otherwise mislead us or third parties as to the origin of any Comments.

You are solely responsible for any Comments you make and their accuracy. We are not responsible for Comments posted by you or any third party.

SECTION 12: ERRORS, INACCURACIES, AND OMISSIONS

From time to time, information on or through the Services 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 orders if any information is inaccurate, 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 unlawful or malicious purpose;

(b) to violate any international, federal, state, provincial, or local regulations, laws, or ordinances;

(c) to infringe or violate our intellectual property rights or the intellectual property rights of others;

(d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate our employees or any other person;

(e) to transmit false or misleading information;

(f) to upload, knowingly receive, transmit, download, use, or reuse any material that does not comply with these Terms;

(g) to transmit or attempt to send spam, chain letters, unsolicited messages, or similar content;

(h) to impersonate or attempt to impersonate another person or entity;

(i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or that, as determined by us, may harm Trakeys, Shopify, or users of the Services or expose them to liability.

You further agree not to:

(a) upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services;

(b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services;

(c) collect or track the personal information of others;

(d) send spam, phish, pharm, pretext, spider, crawl, or scrape the web;

(e) interfere with or circumvent the security features of the Services, any related website, other websites, or the Internet.

We reserve the right to suspend, deactivate, or terminate your account at any time without notice if we determine that you have violated any part of these Terms.

SECTION 14: TERMINATION

We may terminate this agreement or discontinue your access to the Services, or any part thereof, at our sole discretion at any time without notice. You remain responsible for all amounts owed up to and including the date of termination.

The following sections will survive termination: Intellectual Property, Comments, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive termination.

SECTION 15: DISCLAIMER OF WARRANTIES

The information presented on or through the Services is provided for general informational purposes only. We do not warrant the accuracy, completeness,