Terms of Service
Welcome to the P5 Wear LLC Shopify website ("Website"). This Terms of Service Policy ("Policy") governs your access to and use of the Website, including any content, features, and services provided by P5 Wear LLC ("P5 Wear," "we," "our," or "us"). By accessing or using the Website, you agree to be bound by this Policy. If you do not agree with any part of this Policy, you must not access or use the Website.
Acceptance of Terms
By accessing or using the Website, you affirm that you are at least 18 years old and capable of entering into a legally binding agreement. You also acknowledge and agree that you have read, understood, and consent to abide by all the terms and conditions outlined in this Policy.
Website Use and Content
- License: Subject to your compliance with this Policy, P5 Wear grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website solely for personal, non-commercial purposes.
- Intellectual Property: All content, trademarks, logos, and intellectual property displayed on the Website are owned or licensed by P5 Wear or clients (and / or their affiliates). You must not reproduce, modify, distribute, or use any copyrighted materials without obtaining explicit permission from the respective owners.
- Prohibited Conduct: You agree not to engage in any conduct that may disrupt the Website's functionality, compromise security, or infringe upon the rights of others. This includes but is not limited to: hacking, scraping, introducing viruses or malicious code, or engaging in any activity that violates applicable laws or regulations.
Product Information and Sales
- Accuracy: We strive to provide accurate and up-to-date product information on the Website. However, P5 Wear does not warrant that all product descriptions, pricing, or other content is error-free, complete, or reliable. We reserve the right to correct any errors, inaccuracies, or omissions and to update information at any time without prior notice.
- Availability: Products displayed on the Website are subject to availability and may be discontinued or out of stock without notice. We do not guarantee the availability of any particular product.
- Purchases: All purchases made through the Website are subject to our separate "Return Policy", which outlines the terms and conditions governing the sale and return of products.
- Third-Party Products: The Website may display or link to products from third-party vendors. P5 Wear does not endorse or assume responsibility for the quality, accuracy, or legality of third-party products or services. Your interactions with third-party vendors are solely between you and the vendor.
User Accounts and Personal Information
- Account Registration: To access certain features of the Website, you may need to create a user account. You agree to provide accurate and complete information during the registration process and to keep your account credentials confidential. You are responsible for all activities that occur under your account.
- Personal Information: Your use of the Website is subject to our Privacy Policy, which outlines how we collect, use, and protect your personal information.
Limitation of Liability
- Disclaimer: The Website and its contents are provided on an "as is" and "as available" basis, without any warranties or representations of any kind, express or implied. P5 Wear disclaims all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
- Limitation of Liability: To the maximum extent permitted by law, P5 Wear and its affiliates shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or relating to your use of or inability to use the Website, including but not limited to any errors or omissions in the content or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Website, even if advised of their possibility.
- Indemnification: You agree to indemnify, defend, and hold harmless P5 Wear, and Ultimate NEV, LCC (and its affiliates, and its and their officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the Website or violation of this Policy.
Modifications to the Policy
P5 Wear reserves the right to modify, update, or replace this Policy at any time without prior notice. It is your responsibility to review the Policy periodically for any changes. Continued use of the Website after modifications to the Policy indicates your acceptance of the revised terms.
Termination
P5 Wear may, in its sole discretion, suspend, restrict, or terminate your access to the Website without liability or prior notice, for any reason or no reason at all. Upon termination, all provisions of this Policy that should reasonably survive termination shall continue to apply.
Governing Law and Dispute Resolution
This Policy shall be governed by and construed in accordance with the laws of the jurisdiction in which P5 Wear is located. Any dispute arising out of or in connection with this Policy shall be submitted to binding arbitration in accordance with the rules of the relevant arbitration association.
Severability
If any provision of this Policy is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
Entire Agreement
This Policy constitutes the entire agreement between you and P5 Wear regarding the subject matter herein and supersedes all prior or contemporaneous understandings and agreements, whether written or oral.
If you have any questions or concerns regarding this Terms of Service Policy, please contact us at cs@p5wear.com.
By using the Website, you acknowledge that you have read, understood, and agree to be bound by this Terms of Service Policy.
Effective Date: 5.18.2023