Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Prowlet! The terms “we”, “us” and “our” refer to Prowlet. Prowlet 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”). Prowlet is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service (“Terms”) describe your rights and responsibilities when you use our Services. Please read these Terms carefully before using our Services. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you should not access or use our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms, 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 jurisdiction and you have given us your consent to allow any minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including browsing our store or purchasing products, you may be asked to provide certain information, such as your name, email address, billing details, payment details, and shipping information. You represent and warrant that all information you provide is accurate, current, and complete.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or otherwise license your account to another person.

SECTION 2 - PRODUCTS

We make every effort to display as accurately as possible the colors, images, and details of our products. However, we do not guarantee that your device’s display of any color or image will be accurate.

All product descriptions and prices 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 to limit the quantities of any products offered to any person, geographic region, or jurisdiction on a case-by-case basis.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Prowlet reserves the right to accept, decline, or cancel any order for any reason at our sole discretion.

Your order is not accepted until we confirm acceptance and receive payment. We may limit or cancel quantities purchased per person, per household, or per order. In the event that we make a change to or cancel an order, we may attempt to notify you using the email address, billing address, or phone number provided at the time the order was placed.

Please review your order carefully before submitting it. Once an order has been placed, we may be unable to accommodate cancellation or modification requests.

Your purchases are subject to our Refund Policy.

You represent and warrant that purchases made through our store are for personal use only and not for 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 at the time the order is placed and will be stated in your order confirmation.

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

You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

You represent and warrant that:
(i) the payment information you provide is accurate and complete;
(ii) you are authorized to use the payment method provided; and
(iii) you will pay all charges incurred at the posted prices, including applicable shipping charges and taxes.

SECTION 5 - SHIPPING AND DELIVERY

Delivery times provided by Prowlet are estimates only and are not guaranteed. We are not liable for delays caused by shipping carriers, customs processing, weather conditions, or events outside our control.

Once products are transferred to the carrier, risk of loss and title for such products pass to you, to the extent permitted by applicable law.

SECTION 6 - INTELLECTUAL PROPERTY

All content available through the Services, including but not limited to text, graphics, logos, icons, images, product descriptions, videos, audio clips, and software, is the property of Prowlet, its affiliates, licensors, or content suppliers and is protected by applicable intellectual property laws.

You may use the Services only for your personal, non-commercial use. You may not reproduce, duplicate, copy, sell, resell, distribute, modify, republish, download, store, or exploit any portion of the Services without our prior written permission.

Prowlet’s name, logos, product names, designs, and slogans are trademarks of Prowlet or its licensors. Shopify and related marks are trademarks of Shopify. All other trademarks appearing on the Services are the property of their respective owners.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools over which we neither monitor nor have control or input.

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 shall have no liability arising from or relating to your use of optional third-party tools.

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

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available through our Services may include materials from third parties or links to third-party websites.

We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites. We do not warrant and will not have any liability or responsibility for any third-party materials, websites, products, or services.

Please review carefully the third party’s policies and practices before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Prowlet 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 Prowlet, not with Shopify.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Prowlet, including any injury, damage, or loss resulting from products or services purchased from Prowlet. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Prowlet.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which is available on our website. Certain personal information may also be subject to Shopify’s Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about 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 as well as third parties located in other countries in order to provide services to you.

SECTION 11 - FEEDBACK

If you submit ideas, suggestions, reviews, proposals, or other materials to us (“Feedback”), you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial purposes.

You represent and warrant that:
(i) you own or control all rights in and to the Feedback;
(ii) your Feedback does not violate these Terms or the rights of any third party; and
(iii) your Feedback will not contain unlawful, abusive, or obscene material.

We may, but are not obligated to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our website or in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, 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 in the Services is inaccurate at any time without prior notice, including after you have submitted your order.

SECTION 13 - PROHIBITED USES

You may not use the Services:
(a) for any unlawful purpose;
(b) to solicit others to perform unlawful acts;
(c) to violate any international, federal, state, provincial, or local laws or regulations;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or malicious code;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape; or
(j) to interfere with or circumvent the security features of the Services.

We reserve the right to terminate your use of the Services for violating any prohibited use.

SECTION 14 - TERMINATION

We may suspend or terminate your access to the Services at any time, without notice, if we believe you have violated these Terms or applicable law.

The obligations and liabilities incurred prior to termination shall survive termination. Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, governing law, and any other provisions that by their nature should survive, shall remain in effect after termination.

SECTION 15 - DISCLAIMER OF WARRANTIES

THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND DURABILITY, TO THE FULLEST EXTENT PERMITTED BY LAW.

WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

SECTION 16 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROWLET, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, OR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO ANY PRODUCT PURCHASED THROUGH THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Prowlet, Shopify, and our affiliates, officers, directors, employees, agents, licensors, contractors, and service providers from and against any losses, damages, liabilities, claims, or expenses, including reasonable attorneys’ fees, arising out of:
(1) your breach of these Terms;
(2) your violation of any law or the rights of a third party; or
(3) your misuse of the Services.

SECTION 18 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

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

These Terms, together with any policies or operating rules posted by us on this site, constitute the entire agreement between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written.

SECTION 20 - ASSIGNMENT

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

We may assign, transfer, or delegate our rights and obligations under these Terms without restriction.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law principles.

Any dispute arising out of or relating to these Terms or the Services shall be resolved in the state or federal courts located in Wyoming, United States, and you consent to the personal jurisdiction of such courts.

SECTION 22 - HEADINGS

The headings used in these Terms are included 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 on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at:

hello@prowlet.com

Our contact information is:

Prowlet
hello@prowlet.com
30 N Gould St Ste R
Sheridan, WY 82801
United States