Terms and Conditions
TERMS OF SERVICE
OVERVIEW
This website is operated by MABLE Brush LLC. Throughout the site, the terms “we”, “us” and “our” refer to MABLE Brush LLC. MABLE Brush LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service.
If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service.
We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
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, or that you are the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright laws.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content, not including credit card information, may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current.
The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.
Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is not current and is provided for your reference only.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service, or any part or content thereof, without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website.
These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit sales of our products or Services to any person, geographic region or jurisdiction.
We reserve the right to limit the quantities of products or services offered. Product descriptions and pricing may change at any time without notice.
We reserve the right to discontinue any product at any time.
Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us.
We may limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, credit card, billing address or shipping address.
If we make a change to or cancel an order, we may attempt to notify you using the email, billing address or phone number provided when the order was made.
We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor 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 whatsoever arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the site is entirely at your own risk and discretion.
New services and/or features may also be offered through the website and shall be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links may direct you to websites that are not affiliated with us.
We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites.
We are not liable for any harm or damages related to purchases or transactions made through third-party websites.
Complaints, claims, concerns or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send us submissions, creative ideas, suggestions, proposals, plans or other materials, you agree that we may edit, copy, publish, distribute, translate and otherwise use those comments in any medium.
We are under no obligation to maintain comments in confidence, pay compensation for comments, or respond to comments.
We may monitor, edit or remove content that we determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable.
You agree that your comments will not violate any rights of third parties, contain unlawful or abusive material, or contain computer viruses or malware.
You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties.
You are solely responsible for comments you make and their accuracy.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service containing typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability.
We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if information is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information in the Service or related websites except as required by law.
SECTION 12 - PROHIBITED USES
You are prohibited from using the site or its content:
- For any unlawful purpose.
- To solicit others to perform unlawful acts.
- To violate international, federal, provincial, state or local laws.
- To infringe intellectual property rights.
- To harass, abuse, insult, harm, defame, intimidate or discriminate.
- To submit false or misleading information.
- To upload or transmit viruses or malicious code.
- To collect or track personal information of others.
- To spam, phish, pharm, pretext, spider, crawl or scrape.
- For obscene or immoral purposes.
- To interfere with or circumvent security features of the Service or related websites.
We reserve the right to terminate your use of the Service for violating prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that results obtained from use of the service will be accurate or reliable.
You expressly agree that your use of, or inability to use, the service is at your sole risk.
The service and products and services delivered through the service are provided “as is” and “as available”, without warranties or conditions of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement.
MABLE Brush LLC and its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors shall not be liable for injuries, losses, claims or direct, indirect, incidental, punitive, special or consequential damages arising from use of the service or products purchased through it, to the extent permitted by applicable law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless MABLE Brush LLC and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from claims or demands, including reasonable attorneys’ fees, arising from your breach of these Terms of Service or violation of law or third-party rights.
SECTION 15 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be severed.
This shall not affect the validity and enforceability of the remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities incurred prior to termination shall survive termination.
These Terms are effective unless and until terminated by either you or us.
You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or by ceasing to use the site.
If we believe you have failed to comply with any term or provision, we may terminate the agreement without notice and may deny access to our Services.
SECTION 17 - ENTIRE AGREEMENT
Failure to exercise or enforce any right or provision shall not constitute a waiver.
These Terms of Service and any policies or operating rules posted by us constitute the entire agreement between you and us and govern your use of the Service, superseding prior or contemporaneous agreements, communications and proposals, including prior versions of the Terms of Service.
Any ambiguities shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
The current page contains the following provision:
“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 .”
Important: the governing-law jurisdiction appears to be blank in the recovered/current Shopify text.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on the page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to the website.
Your continued use of or access to the website or Service following the posting of changes constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to:
MABLE Brush LLC
7111 Santa Monica Blvd, Suite B-262
West Hollywood, CA 90046
United States
Phone: +1 415-604-2165
Email: info@gomable.com
