Terms of service

OVERVIEW
  Welcome to Dock Appeal! The terms "we", "us" and "our" refer to Dock Appeal. Dock
  Appeal 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"). Dock Appeal is
  powered by Shopify, which enables us to provide the Services to you.

  The below 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 /policies/privacy-policy. If you do not agree to
  these Terms of Service or Privacy Policy, you should not use or access 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 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 stores 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 the information you provide in our
   stores 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 stores. However, please note that colors or product
  appearance may differ from how they may appear on your screen due to the type of
  device you use to access the store and your device settings and configuration.

  We do not warrant that the appearance or quality of any products or services
  purchased by you will meet your expectations or be the same as depicted or
  rendered in our online stores.

  All descriptions of products 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 the quantities of any products that we offer 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. Dock Appeal reserves
   the right to accept or decline your order for any reason at its discretion. Your
  order is not accepted until Dock Appeal confirms acceptance. We must receive and
  process your payment before your order is accepted. Please review your order
  carefully before submitting, as Dock Appeal may be unable to accommodate
  cancellation requests after an order is accepted. In the event that we do not
  accept, make a change to, or cancel an order, we will attempt to notify you by
  contacting the e‑mail, billing address, and/or phone number provided at the time
  the order was made.

  Your purchases are subject to return or exchange solely in accordance with our
  /policies/refund-policy.

  You represent and warrant that your purchases are for your own personal or
  household use 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 a product or service will be the price in effect at the time the order
   is placed and will be set out in your order confirmation email. Unless otherwise
  expressly stated, posted prices do not include taxes, shipping, handling, customs
  or import charges.

  Prices posted in our online stores may be different from prices offered in
  physical stores or in online or other stores operated by third parties. We may
  offer, from time to time, promotions on the Services that may affect pricing and
  that are governed by terms and conditions separate from these Terms. If there is a
   conflict between the terms for a promotion and these Terms, the promotion terms
  will govern.

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

  SECTION 5 - SHIPPING AND DELIVERY
  We are not liable for shipping and delivery delays. All delivery times are
  estimates only and are not guaranteed. We are not responsible for delays caused by
   shipping carriers, customs processing, or events outside our control. Once we
  transfer products to the carrier, title and risk of loss passes to you.

  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 Dock Appeal, 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 for your personal, non-commercial use
  only. You must not reproduce, distribute, modify, create derivative works of,
  publicly display, publicly perform, republish, download, store, or transmit any of
   the material on the Services without our prior written consent. 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 of Dock Appeal, Shopify or any third party.
  Unauthorized use of the Services may be a violation of federal and state
  intellectual property laws. All rights not expressly granted herein are reserved
  by Dock Appeal.

  Dock Appeal's names, logos, product and service names, designs, and slogans are
  trademarks of Dock Appeal or its affiliates or licensors. You must not use such
  trademarks without the prior written permission of Dock Appeal. 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 on the
  Services are the trademarks of their respective owners.

  SECTION 7 - OPTIONAL TOOLS
  You may be provided with access to customer tools offered by third parties as part
   of the Services, 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 any warranties, representations or conditions of any kind and
  without any endorsement. We shall have no liability whatsoever arising from or
  relating to your use of optional third-party tools.

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

  We may also, in the future, offer new features through the Services (including the
   release of new tools and resources). Such new features shall also be deemed part
  of the Services and are 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 functionality). 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
  to access these materials or third party sites, you do so at your own risk.

  We are not liable for any harm or damages related to your access of any
  third-party websites, or your purchase or use of any products, services,
  resources, or content on any third-party websites. Please review carefully the
  third-party's policies and practices and make sure you understand them before you
  engage 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
  Dock Appeal 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
   Dock Appeal. By using the Services, you acknowledge and agree that Shopify is not
   responsible for any aspect of any sales between you and Dock Appeal, 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 Dock
  Appeal.

  SECTION 10 - PRIVACY POLICY
  All personal information we collect through the Services is subject to our
  /policies/privacy-policy, and certain personal information may be subject to
  https://www.shopify.com/legal/privacy. 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 access to and use of the Services in order to
  provide and improve the Services for you. Information you submit to the Services
  will be transmitted to and shared with Shopify as well as third parties that may
  be located in other countries than where you reside, in order to provide services
  to you. Review our /policies/privacy-policy for more details on how we, Shopify,
  and our partners use your personal information.

  SECTION 11 - FEEDBACK
  If you submit, upload, post, email, or otherwise transmit any ideas, suggestions,
  feedback, reviews, 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 medium for
   any purpose, including for commercial use. We may, for example, use our rights
  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 or have all necessary rights to
  all Feedback; (ii) you have disclosed any compensation or incentives received in
  connection with your submission of Feedback; and (iii) your Feedback will comply
  with these Terms. We are and shall be under no obligation (1) to maintain your
  Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to
  respond to your Feedback.

  We may, but have no obligation to, monitor, edit or remove Feedback that we
  determine in our sole discretion to be 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 libelous
  or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus
  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, pretend to be 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 make and its
  accuracy. We take no responsibility and assume no liability for any Feedback
  posted by you or any third-party.

  SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
  Occasionally there may be information on or in the Services that 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 for lawful purposes only. You may not access
  or use the Services, directly or indirectly: (a) for any unlawful or malicious
  purpose; (b) to violate any international, federal, provincial or state
  regulations, rules, laws, or local ordinances; (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 that does not comply with the 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's use or enjoyment of the
  Services, or which, as determined by us, may harm Dock Appeal, Shopify or users of
   the Services, or expose them to liability.

  In addition, 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 that will 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) spam, phish, pharm, pretext, spider, crawl, or scrape;
  or (e) interfere with or circumvent the security features of the Services 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 part of these Terms.

  SECTION 14 - TERMINATION
  We may terminate this agreement or your access to the Services (or any part
  thereof) in our sole discretion at any time without notice, and you will remain
  liable for all amounts due up to and including the date of termination.

  The following sections will continue to apply following any termination:
  Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation
   of Liability, Indemnification, Severability, Waiver; Entire Agreement,
  Assignment, Governing Law, Privacy Policy, and any other provisions that by their
  nature should survive termination.

  SECTION 15 - DISCLAIMER OF WARRANTIES
  The information presented on or through the Services is made available solely for
  general information purposes. We do not warrant the accuracy, completeness, or
  usefulness of this information. Any reliance you place on such information is
  strictly at your own risk. We disclaim all liability and responsibility arising
  from any reliance placed on such materials by you or any other visitor to the
  Services, or by anyone who may be informed of any of its contents.

  EXCEPT AS EXPRESSLY STATED BY DOCK APPEAL, THE SERVICES AND ALL PRODUCTS OFFERED
  THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT
   ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER 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
  SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS
  LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE
  DISCLAIMER MAY NOT APPLY TO YOU.

  SECTION 16 - LIMITATION OF LIABILITY
  TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL DOCK APPEAL, OUR PARTNERS,
   DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE
  PROVIDERS OR LICENSORS, OR THOSE OF 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 SERVICES OR ANY PRODUCTS
  PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE
   OF THE SERVICES 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 SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR
  OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

  SECTION 17 - INDEMNIFICATION
  You agree to indemnify, defend and hold harmless Dock Appeal, Shopify, and our
  affiliates, partners, officers, directors, employees, agents, contractors,
  licensors, and service providers from any losses, damages, liabilities or claims,
  including reasonable attorneys' fees, payable to any third party due to 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, provided that a failure to promptly
   notify will not relieve you of your obligations unless you are materially
  prejudiced. We may control the defense and settlement of such claim at your
  expense, including choice of counsel, but will not settle any claim requiring
  non-monetary obligations from you without your consent (not to be unreasonably
  withheld). You will cooperate in the defense of indemnified claims, including by
  providing relevant documents.

  SECTION 18 - SEVERABILITY
  In the event that any provision of these Terms of Service is determined to be
  unlawful, void or unenforceable, such 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
  The failure of us 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 constitutes the entire agreement and
  understanding between you and us and governs 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 under these Terms without our prior written consent, and any such
  attempt will be null and void. We may transfer, assign, or delegate these Terms
  and our rights and obligations without consent or notice to you.

  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
  Florida. You and Dock Appeal consent to venue and personal jurisdiction in the
  state and federal courts located in Florida.

  SECTION 22 - HEADINGS
  The headings used in this agreement 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 the Terms of Service at any time on
  this page.

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

  SECTION 24 - CONTACT INFORMATION
  Questions about the Terms of Service should be sent to us at jeff@dockappeal.com.

  Our contact information is posted below:

  Dock Appeal
  jeff@dockappeal.com
  Brooksville, Florida
  (727) 365-7818