TERMS OF SERVICE

OVERVIEW

Welcome to Uncle Joe's Brand LLC! The terms “we,” “us,” and “our” refer to Uncle Joe's Brand LLC.

Uncle Joe's Brand LLC 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”). Uncle Joe's Brand LLC is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, 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 our 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, or that you are the age of majority in your state or province of residence and have given 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 information, payment information, and shipping information.

You represent and warrant that all information you provide in our store 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 activity conducted through your account. 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 or product appearance may differ from how they appear on your screen due to the device you use, display settings, lighting, or other technical factors.

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

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.

Uncle Joe's Brand LLC reserves the right to accept or decline your order for any reason at our discretion. Your order is not accepted until Uncle Joe's Brand LLC confirms acceptance.

We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as Uncle Joe's Brand LLC may be unable to accommodate cancellation requests after an order has been accepted or entered into 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 at the time the order was placed.

Your purchases are subject to return, replacement, exchange, or refund solely in accordance with our Return and 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 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, handling, customs, or import charges.

Prices posted in our online store may differ from prices offered through physical locations, marketplaces, or other stores operated by us or by third parties.

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

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

You agree to promptly update your account and other information, including your email address and payment information, so that we can complete transactions and contact you as needed.

You represent and warrant that:

1. The payment information you provide is true, correct, and complete.
2. You are duly authorized to use the payment method provided.
3. Charges incurred by you will be honored by your payment provider.
4. You will pay all charges incurred by you at the posted prices, including shipping, handling charges, and applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

All shipping and delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, severe weather, natural disasters, customs processing, transportation interruptions, incorrect or incomplete delivery information supplied by the customer, or other events outside our reasonable control.

Products may be produced and fulfilled by third-party fulfillment providers acting on our behalf.

Once an order has been transferred to the applicable shipping carrier, delivery is subject to the carrier's operations and procedures.

Additional information regarding shipping, delivery, and fulfillment may be found in our Shipping Policy.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product artwork, designs, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by Uncle Joe's Brand LLC, its affiliates, or its licensors and are protected by applicable United States and international 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, transmit, sell, or otherwise exploit material from the Services without our prior written consent, except as 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 right belonging to Uncle Joe's Brand LLC, Shopify, or any third party.

Unauthorized use of the Services may violate federal, state, or international intellectual property laws.

All rights not expressly granted herein are reserved by Uncle Joe's Brand LLC.

Uncle Joe's Brand LLC's name, logos, product and service names, designs, artwork, and slogans are trademarks or intellectual property of Uncle Joe's Brand LLC or its affiliates or licensors where applicable.

You must not use such trademarks or intellectual property without the prior written permission of Uncle Joe's Brand LLC.

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 trademarks or property 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 control over.

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 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 under which those tools are provided by the relevant third-party provider.

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

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials, functionality, or hyperlinks to websites provided or operated by third parties.

We are not responsible for examining or evaluating the content, accuracy, availability, privacy practices, or policies of third-party materials or websites that 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 liable for harm or damages arising from your access to third-party websites or your purchase or use of products, services, resources, or content made available through third parties.

Please carefully review the third party's policies and practices before engaging in any transaction.

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

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Uncle Joe's Brand LLC is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases you make through our store are made directly with Uncle Joe's Brand LLC.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Uncle Joe's Brand LLC, including injury, damage, or loss resulting from products or services purchased through our store.

To the fullest extent permitted by law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or related to purchases and transactions made directly with Uncle Joe's Brand LLC.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which is available through our online store.

Certain personal information may also be processed in accordance with Shopify's privacy practices.

By using the Services, you acknowledge that you have had the opportunity to review the applicable privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes certain personal information regarding access to and use of the Services in order to provide, operate, secure, and improve the ecommerce platform.

Information you submit through the Services may be transmitted to and shared with Shopify and other service providers that may operate in locations outside your state or country of residence where permitted by applicable law.

Please review our Privacy Policy for additional information about how personal information may be collected, used, processed, stored, and shared.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, photographs, or other content to us voluntarily in connection with the Services (collectively, “Feedback”), you grant us a worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback as reasonably necessary to operate, provide, evaluate, improve, and promote the Services.

You represent and warrant that:

1. You own or have all necessary rights to the Feedback you submit.
2. You have disclosed any compensation or incentives received in connection with your submission where required by law.
3. Your Feedback complies with these Terms and applicable law.

Unless otherwise required by law, we are under no obligation to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback.

We may monitor, edit, refuse, or remove Feedback that we determine, in our reasonable discretion, to be unlawful, threatening, defamatory, obscene, fraudulent, infringing, or otherwise in violation of these Terms.

You agree that your Feedback will not violate the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.

You further agree that your Feedback will not contain unlawful, abusive, obscene, or malicious content or computer viruses or malware that could affect the operation of the Services.

You may not use a false email address, impersonate another person, or otherwise mislead us or others regarding the origin of Feedback.

You are responsible for the Feedback you submit and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

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

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, 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 access or use the Services, directly or indirectly:

1. For any unlawful or malicious purpose.
2. To violate international, federal, state, provincial, or local laws, regulations, rules, or ordinances.
3. To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
4. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or unlawfully discriminate against any person.
5. To transmit false or misleading information.
6. To send, knowingly receive, upload, download, use, or reuse material that does not comply with these Terms.
7. To transmit or procure the sending of unauthorized advertising or promotional material, including junk mail, chain letters, spam, or similar solicitations.
8. To impersonate or attempt to impersonate another person or entity.
9. To engage in conduct that restricts or inhibits another person's use or enjoyment of the Services or that may harm Uncle Joe's Brand LLC, Shopify, or users of the Services.

You also agree not to:

1. Upload or transmit viruses or malicious code that could affect the functionality or operation of the Services.
2. Reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services except as authorized by us.
3. Collect or track the personal information of others without authorization.
4. Spam, phish, pharm, scrape, or engage in deceptive data collection practices.
5. Use automated tools, robots, spiders, scraping tools, data gathering tools, or other automated processes to access the Services in violation of these Terms or applicable law.
6. Interfere with, bypass, or circumvent security or authorization features, robot exclusion controls, or other measures used to restrict or control access to the Services.

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 (“Agent Terms”) applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with the Services.

For purposes of these Terms, “Agent” means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity and that may operate without continuous direct human supervision.

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

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

Agents must not conceal or misrepresent that interactions are automated, circumvent CAPTCHAs or other security controls, falsely represent automated activity as human activity, or bypass measures designed to block, limit, modify, or control automated access.

SECTION 15 - TERMINATION

We may terminate this agreement or suspend or terminate your access to the Services, or any part thereof, where permitted by law if you violate these Terms or engage in misuse of the Services.

You will remain responsible for amounts lawfully due up to and including the date of termination.

Provisions that by their nature should survive termination will continue to apply, including provisions regarding Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Governing Law, Privacy, and any outstanding obligations.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available primarily for general informational and commercial purposes.

We do not warrant the accuracy, completeness, or usefulness of information provided through the Services except as otherwise required by applicable law.

Any reliance you place on such information is at your own risk.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY STATED BY UNCLE JOE'S BRAND LLC, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT USE OF THE SERVICES WILL ALWAYS BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

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 LAW, UNCLE JOE'S BRAND LLC AND ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, EXCEPT WHERE SUCH LIABILITY CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

NOTHING IN THESE TERMS IS INTENDED TO LIMIT ANY CONSUMER RIGHT OR REMEDY THAT CANNOT BE WAIVED UNDER APPLICABLE LAW.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Uncle Joe's Brand LLC, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to a third party arising out of:

1. Your material breach of these Terms of Service or documents incorporated by reference.
2. Your violation of applicable law.
3. Your violation of the rights of a third party.
4. Your misuse of the Services.

We will provide notice of an indemnifiable claim where reasonably practicable. Failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced by the delay.

You agree to reasonably cooperate in the defense of an indemnified claim, including by providing relevant information and documentation.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision will nevertheless be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion will be deemed severed from these Terms, and the determination will not affect the validity or enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

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

These Terms of Service and any policies or operating rules posted by us in connection with the Services constitute the entire agreement and understanding between you and us regarding your use of the Services and supersede prior or contemporaneous agreements, communications, and proposals relating to the same subject matter.

Any ambiguities in the interpretation of these Terms will not automatically be construed against the drafting party.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer, or assign these Terms or your rights or obligations under them without our prior written consent where such restriction is permitted by law.

Any attempted assignment in violation of this provision may be deemed void.

We may transfer, assign, or delegate these Terms and our rights and obligations in connection with a sale, merger, reorganization, restructuring, or other transfer of our business or assets, subject to applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services will be governed by and construed in accordance with applicable federal law and the laws of the state or jurisdiction in which Uncle Joe's Brand LLC is headquartered, without regard to conflict-of-law principles, except where applicable consumer protection law requires otherwise.

Any dispute concerning these Terms will be subject to the jurisdiction and venue of courts having lawful authority over Uncle Joe's Brand LLC and the dispute, except where applicable law provides you with another mandatory venue or remedy.

SECTION 23 - HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect the meaning or interpretation of these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

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

We reserve the right, in our discretion and subject to applicable law, to update, change, or replace any part of these Terms by posting updates and changes to our website.

Where required by applicable law, we will provide notice of material changes.

Changes will become effective on the date specified in the notice or, if no date is specified, when posted to the Services.

Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms to the extent permitted by law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service may be sent to:

Uncle Joe's Brand LLC
Email: andrew@unclejoesbrandllc.com