Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Feral Fireman™! The terms “we,” “us,” and “our” refer to Feral Fireman™. Feral Fireman™ 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”). Feral Fireman™ 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 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 store or purchasing any 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 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 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 store. However, colors or product appearance may differ from how they appear on your screen due to the type of device you use, display settings, lighting, and other factors.

We do not warrant that the appearance or quality of any products or services purchased by you will exactly match how they are 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 quantities offered 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. Feral Fireman™ reserves the right to accept or decline your order for any reason at its discretion.

Your order is not accepted until Feral Fireman™ confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as Feral Fireman™ may be unable to accommodate cancellation or modification requests after an order has entered 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 or exchange solely in accordance with our 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 reflected in your order confirmation.

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

Prices posted in our online store may differ from prices offered through other stores, events, marketplaces, promotions, or third parties.

We may offer promotions from time to time that are governed by terms and conditions separate from these Terms. If there is a conflict between promotion terms and these Terms, the promotion terms will govern for 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 your 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 applicable shipping charges and taxes.

SECTION 5 - SHIPPING AND DELIVERY

All delivery and fulfillment times are estimates and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs processing, severe weather, natural disasters, address errors, or other events outside our reasonable control.

Many Feral Fireman™ products are produced or fulfilled after an order is placed. Production times may therefore apply before an order is transferred to the shipping carrier.

If your order arrives damaged or incorrect, or you believe your shipment has been lost in transit, please contact us so we can review the issue in accordance with our Shipping & Returns and Refund Policies.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product designs, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by Feral Fireman™, its affiliates, or licensors and are protected by applicable U.S. and foreign copyright, trademark, patent, and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, sell, or transmit 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 you a license or other rights under any patent, trademark, copyright, or other intellectual property belonging to Feral Fireman™, Shopify, or any third party.

Unauthorized use of the Services may violate federal and state intellectual property laws.

All rights not expressly granted herein are reserved by Feral Fireman™.

Feral Fireman™ names, logos, product and service names, designs, artwork, and slogans may be trademarks or other intellectual property of Feral Fireman™, its affiliates, or licensors. You may not use such intellectual property without prior written permission.

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 the property of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools or services offered by third parties as part of the Services, which we neither monitor nor control.

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

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

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites or services provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content, accuracy, security, or practices of third-party materials or websites you choose to access.

If you decide to 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 related to your access to third-party websites or your purchase or use of products, services, resources, or content through third-party websites.

Please review third-party policies and practices carefully before engaging in any transaction.

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

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Feral Fireman™ 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 Feral Fireman™.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Feral Fireman™, including any injury, damage, or loss resulting from products and services purchased from Feral Fireman™.

You expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to purchases and transactions conducted directly with Feral Fireman™ to the extent permitted by applicable law.

SECTION 10 - PRIVACY POLICY

Personal information we collect through the Services is subject to our Privacy Policy.

Certain personal information may also be subject to Shopify’s Privacy Policy.

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

Because the Services are hosted by Shopify, Shopify may collect and process personal information about your access to and use of the Services in order to provide and improve Shopify-powered services.

Information you submit through the Services may be transmitted to and shared with Shopify and other service providers that may be located in countries other than where you reside.

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

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, photographs, comments, 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 lawful purpose, including commercial use.

We may use Feedback to operate, provide, evaluate, enhance, improve, and promote the Services.

You represent and warrant that:

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

We are under no obligation to maintain your Feedback in confidence, provide compensation for Feedback, or respond to Feedback.

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

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

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

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information available through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, product 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, including after an order has been submitted, where permitted by 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:

(a) for any unlawful or malicious purpose;

(b) to violate international, federal, state, provincial, or local laws, regulations, rules, or ordinances;

(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(d) to harass, abuse, threaten, defame, intimidate, or harm another person;

(e) to transmit false or misleading information;

(f) to send, receive, upload, download, use, or reuse material that does not comply with these Terms;

(g) to transmit unsolicited advertising, junk mail, spam, chain letters, or similar solicitations;

(h) to impersonate or attempt to impersonate another person or entity; or

(i) to engage in conduct that restricts or inhibits another person’s use or enjoyment of the Services or that may harm Feral Fireman™, Shopify, or users of the Services.

You also agree not to:

(a) upload or transmit viruses, malware, or other malicious code;

(b) reproduce, duplicate, copy, extract, sell, resell, or exploit any unauthorized portion of the Services;

(c) unlawfully collect or track personal information belonging to others;

(d) spam, phish, pharm, pretext, or engage in similar deceptive practices;

(e) use automated systems, robots, spiders, scraping tools, data-gathering tools, or other means to access the Services in violation of applicable law or technical restrictions; or

(f) interfere with, bypass, or circumvent security features, access restrictions, robot exclusion measures, or authorization systems.

We reserve the right to suspend, restrict, or terminate access to the Services if we determine that these Terms have been violated.

SECTION 14 - AGENTS AND AUTOMATED SERVICES

This section applies if you use, allow, enable, or deploy software or services that take autonomous or semi-autonomous actions on behalf of a person or entity (“Agents”) to access or interact with the Services.

Agents may not access or interact with the Services in a manner intended to conceal automated activity, circumvent access controls, evade security measures, or violate applicable laws or these Terms.

We may use technical measures to limit whether and how automated services access, use, or interact with the Services.

Automated services must comply with applicable technical requirements, access restrictions, security systems, and instructions communicated by Feral Fireman™ or its technology providers.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any portion thereof, in our sole discretion where permitted by applicable law.

You will remain responsible for amounts properly due and payable up to the date of termination.

Sections that by their nature should survive termination shall remain effective, including provisions concerning Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Governing Law, and Privacy.

SECTION 16 - DISCLAIMER OF WARRANTIES

Information presented on or through the Services is made available for general information purposes.

We do not warrant the accuracy, completeness, or usefulness of such information. Any reliance you place on such information is at your own risk to the extent permitted by applicable law.

EXCEPT AS EXPRESSLY STATED BY FERAL FIREMAN™, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, OR NON-INFRINGEMENT.

WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR 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, IN NO EVENT SHALL FERAL FIREMAN™, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

THIS LIMITATION APPLIES WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Feral Fireman™, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, claims, and reasonable attorneys’ fees arising from:

1. Your material breach of these Terms or documents incorporated by reference;
2. Your violation of applicable law or the rights of a third party; or
3. Your unlawful or unauthorized use of the Services.

We will provide reasonable notice of an indemnifiable claim where required.

SECTION 19 - 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.

The unenforceable portion shall be deemed severed from these Terms, and such determination shall 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 shall not constitute a waiver of that right or provision.

These Terms, together with policies or operating rules posted through the Services, constitute the entire agreement between you and Feral Fireman™ concerning your use of the Services and supersede prior or contemporaneous agreements, communications, and proposals concerning the same subject matter.

Any ambiguity in the interpretation of these Terms shall not automatically be construed against the drafting party.

SECTION 21 - ASSIGNMENT

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

We may assign or transfer these Terms and our rights and obligations in connection with a merger, acquisition, corporate restructuring, sale of assets, or other lawful business transaction.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide Services shall be governed by and construed in accordance with applicable laws of the jurisdiction in which Feral Fireman™ is headquartered, without regard to conflict-of-law principles, except where applicable consumer protection laws require otherwise.

Any legal action or proceeding relating to these Terms shall be brought in a court having appropriate jurisdiction, subject to applicable law.

SECTION 23 - HEADINGS

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

SECTION 24 - CHANGES TO TERMS OF SERVICE

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

We reserve the right to update, change, or replace portions of these Terms by posting updates and changes to our website.

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

Your continued use of or access to 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 us at:

Feral Fireman™
Email: support@feral-fireman.com
United States