Terms of service

Welcome to 95ER!Section 3 - Order
Your act of placing an order represents your offer to make a purchase. 95ER reserves the right to accept or reject your order for any reason at its discretion. Before 95ER confirms the acceptance of the order, it does not mean that your order has been accepted. We must receive and process your payment before your order is accepted. Please carefully check before submitting the order. Once the order is accepted, 95ER may not be able to assist you in canceling it. If we do not accept, make changes to, or cancel the order, we will attempt to notify you through the email, billing address, and/or phone number you provided when placing the order.
Your purchase transaction is only subject to our refund policy [link] for returns and exchanges.
You represent and warrant that you are purchasing the products for personal or household use and have no commercial resale or export purposes. 
Section 4 - Prices and Bills
Prices, discounts, and promotional activities may change without further notice. The price charged for products or services is the price in effect at the time of your order. The price information is also listed in your order confirmation email. Unless otherwise specified, the published prices do not include taxes, shipping fees, handling fees, customs or import charges.
The prices published in our online store may differ from those offered in physical stores or online or other stores operated by third parties. We may sometimes offer promotional discounts for services that may affect pricing. These promotional discounts are managed and governed by separate service terms independent of these terms. If there is a conflict between the promotional terms and these terms, the promotional terms shall prevail.
You agree to provide complete, accurate, and up-to-date purchase, payment, and account information for all purchase transactions in our store. You agree to promptly update your account information and other information, including your email address, credit card number, and expiration date, so that we can complete your transaction and contact you when necessary.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you have the right to use the credit card for purchase transactions, (iii) the fees you incur will be borne by your credit card company, and (iv) you will pay the fees you incur, including shipping and handling fees, and all applicable taxes (if any), at the published prices. 
Section 5 - Delivery and Distribution
We are not responsible for any delays in delivery and distribution. All delivery times are estimates only and we do not guarantee them. We are not responsible for any delays caused by carriers, customs processing, or events beyond our control. Once we transfer the products to the carrier, ownership and risk of loss immediately pass to you. 
Section 6 - Intellectual Property
Our services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, videos and audio, as well as related designs, selections and arrangements, are owned by 95ER, its subsidiaries or the licensor, and are protected by US and foreign patent, copyright and other intellectual property laws.
This clause permits you to use the services only for non-commercial personal purposes. Without our prior written consent, you may not copy, distribute, modify, create derivative works, publicly display, publicly operate, re-release, download, store or transmit any materials related to the services. Unless specifically stated in this clause, nothing in this clause grants or may be construed as granting you any license or other rights to the patents, trademarks, copyrights or other intellectual property of 95ER, Shopify or any third party. Unauthorized use of the services may violate federal and state intellectual property laws. 95ER reserves all rights not expressly granted in this clause.
The name of 95ER, logo, product and service names, designs and slogans are trademarks of 95ER or its subsidiaries or the licensor. Without the prior written permission of 95ER, you may not use such trademarks. The name of Shopify, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans in the services are the trademarks of their respective owners. 
Section 7 - Optional Tools
As part of the service, you may be granted access to customer tools provided by third parties. We do not regulate, control or intervene in these tools.
You acknowledge and agree that we will provide access to such tools "as is" when they are "available", without any form of guarantee, statement or condition, nor any endorsement. We do not assume any responsibility for any consequences or related matters arising from your use of the optional third-party tools.
The use of optional tools provided through the website is entirely at your own risk and is entirely up to you to decide. You should ensure that you are familiar with and agree to the terms on which the third-party providers provide the tools.
We may also provide new features (including the release of new tools and resources) through the service in the future. These new features should also be regarded as part of the service and be subject to these service terms. 
Section 8 - Third-party Links
The service may contain links to materials and websites provided or operated by third parties (including any embedded third-party functionalities). We are not responsible for checking or evaluating the content or accuracy of any third-party materials or websites that you choose to access. The risks associated with leaving our service and visiting these materials or third-party websites are borne by you alone.
We are not liable for any harm or damage caused by your access to any third-party websites, or by your purchase or use of any products, services, resources, or content on any third-party websites. Please carefully read the policies and practices of the third parties to ensure that you understand the specific requirements before engaging in any transactions. Any complaints, claims, concerns, or issues regarding third-party products and services should be directly addressed to the third parties. 
Section 9 - Relationship with Shopify
[Merchant Note: This section accurately describes the relationship between Shopify and your store and should not be deleted or modified.]
95ER is supported by Shopify, allowing us to provide services to you. However, any sales and purchase transactions you conduct in our store are all directly completed through 95ER. By using the service, you hereby acknowledge and agree that Shopify is not responsible for any transactions, matters, or liabilities arising from any sales or transactions between you and 95ER, including any injuries, damages, or losses caused by the purchased products and services. You hereby expressly waive all claims, damages, and liability of Shopify and its affiliated companies arising from or related to your purchase behavior and transactions with 95ER. 
Section 10 - Privacy Policy
All personal information collected through the service is subject to our privacy policy. Our privacy policy can be viewed here [link]. Some personal information may be subject to Shopify's privacy policy, which can be viewed here. By using the service, you indicate that you have read these privacy policies.
Since the service is hosted by Shopify, Shopify will collect and process personal information about your access and use of the service in order to provide and improve the service. The information you submit to the service will be transmitted to Shopify and possibly to third parties located in countries/regions outside your location and shared with them to provide the service. Please view our privacy policy [link] for a detailed explanation of how we, Shopify, and our partners use your personal information. 
Section 11 - Feedback
If you submit, upload, publish, send emails or otherwise transmit any ideas, suggestions, feedback, comments, proposals, plans or other content (collectively referred to as "feedback"), you are granting us a non-exclusive, royalty-free license worldwide for any purpose (including commercial purposes) to use, copy, modify, publish, distribute and display such feedback in any medium. For example, we can exercise our rights under this license to operate, provide, evaluate, enhance, improve and promote the service, as well as fulfill and exercise our obligations and rights under these terms and conditions.
You also represent and warrant that: (i) you own or have all the rights necessary to submit all the feedback; (ii) you have disclosed any compensation or rewards received for submitting the feedback; and (iii) your feedback will comply with these terms. We have no obligation now or in the future (1) to keep your feedback confidential; (2) to compensate for your feedback; or (3) to respond to your feedback.
We may but have no obligation to monitor, edit or delete feedback that we consider to be illegal, offensive, threatening, defamatory, slanderous, pornographic, obscene in nature or otherwise offensive or contrary to the intellectual property rights of any party or these terms and conditions.
You agree that your feedback will not infringe any rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your feedback will not contain defamatory or other illegal, abusive or obscene content, or in any form contain any computer viruses or other malicious software that may affect the operation of the service or any related website. You must not use a false email address, impersonate others or otherwise mislead us or any third party regarding the source of your feedback. You are fully responsible for all the feedback you submit and its accuracy. We will not be liable for any feedback posted by you or any third party.

Section 12 - Errors, Inaccuracies and Omissions
In rare cases, there may be printing errors, inaccuracies or omissions regarding the services or the information within the services, including product descriptions, pricing, promotions, discounts, product shipping costs, delivery times and supply conditions. We reserve the right to correct any errors, inaccuracies or omissions at any time without prior notice, as well as to change or update the information or cancel the order (including after you submit the order). 
Article 13 - Prohibition of Use
You can only access and use the service for legitimate purposes. You are not permitted to access or use the service for the following purposes, whether directly or indirectly: (a) for any illegal or malicious purpose; (b) in violation of any international, federal, provincial or state regulations, rules, laws or local ordinances; (c) to infringe or damage our or any other party's intellectual property rights; (d) to harass, insult, defame, harm, slander, defame, vilify, 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 materials that do not comply with these terms; (g) to transmit or induce the transmission of any advertisements or promotional materials, including any "spam", "junk mail", "mass spam" or any other similar deceptive means; (h) to impersonate or attempt to impersonate any other individual or entity; or (i) to engage in any other behavior that restricts or prohibits the use or enjoyment of the service by anyone, or that we determine may harm 95ER, Shopify or service users or make them liable.
Furthermore, you also agree not to engage in the following behaviors: (a) uploading or transmitting viruses or any other type of malicious code that will or may affect the functionality or operation of the service; (b) copying, duplicating, copying, selling, reselling or using any part of the service; (c) collecting or tracking other people's personal information; (d) sending spam, phishing, baiting deception, pretext deception, web scraping, crawling or scraping; or (e) interfering with or bypassing the security functions of the service or any related websites, other websites or the Internet. We reserve the right to suspend, disable or terminate your account at any time without prior notice if we determine that you have violated any provisions of these terms. 
Section 14 - Termination
We may terminate this agreement or your access to the services (or any part thereof) at any time without prior notice. You shall still be responsible for all outstanding payments up to and including the termination date.
The following provisions shall continue to apply after any termination: Intellectual property rights, feedback, termination, disclaimer, limitation of liability, indemnification, separability, waiver; complete agreement, assignment, applicable law, privacy policy, and any other terms that should continue to apply in nature after a termination.

Section 15 - Disclaimer
The information provided in or through the service is for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk. We do not assume any liability for any consequences arising from your reliance on this material.
Unless otherwise specified by 95ER, all services and products provided through the service are offered "as is" and "when available" for your use, without any express or implied warranties, representations, or conditions, including all implied warranties or conditions regarding merchantability, merchantable quality, fitness for a particular purpose, durability, ownership, and non-infringement. We do not guarantee, state, or warrant that your use of the service will be uninterrupted, timely, safe, or error-free. Some jurisdictions restrict or do not allow the publication of disclaimers regarding implied or other warranties, so the above disclaimer may not apply to you. 
Section 16 - Limitation of Liability
Within the maximum scope prescribed by law, under any circumstances, 95ER, our partners, directors, managers, employees, subsidiaries, agents, contractors, service providers or authorized parties, or the aforementioned related parties of SHOPIFY and its subsidiaries, shall not be liable for any injury, loss, claim or any type of direct, indirect, incidental, punitive, special or consequential damages, including but not limited to loss of profits, loss of income, loss of savings, data loss, replacement costs or any similar damages, whether based on contract, tort (including negligence), strict liability, or any other claim arising from your use of any service or the purchase of any product for which you use the service, or any other claim associated with your use of the service or any product, including but not limited to any errors or omissions in the content, or any type of loss or damage resulting from the use of the service or the transmission, distribution or other provision of any content (or product) through the service, even if the possibility of such occurrence has been informed. 
Section 17 - Compensation
You agree to protect, maintain, and indemnify 95ER, Shopify, and our subsidiaries, partners, managers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, debts, or claims that may arise from or be related to any payments to any third party due to the following circumstances: (1) Your violation of the terms of this service or the provisions of the documents referred to herein, (2) Your violation of any law or infringement of the rights of a third party, or (3) Your access and use of the service.
We will notify you of any compensable claims, and failure to notify promptly will not relieve your liability for compensation. We may control the defense and settlement of such claim events, with the costs borne by you, including the selection of lawyers, but without your consent (and not by reason of any unjustified refusal), we will not settle any claim events that require you to undertake non-monetary obligations. You will need to cooperate in the defense of the compensable claim events, including providing relevant documents. 
Section 18 - Divisibility
If any provision of these Service Terms is determined to be illegal, invalid or unenforceable, such provision shall still be enforceable to the fullest extent permitted by applicable law. The unenforceable part shall be deemed to be separate from these Service Terms, and this decision shall not affect the validity and enforceability of any remaining provisions. 
Section 19 - Waiver; Complete Agreement
Our failure to exercise or enforce any right or provision of these Service Terms does not constitute a waiver of such right or provision.
These Service Terms, as well as any policies or operating rules we publish on this website or related to the service, constitute the complete agreement and understanding between you and us, governing your use of the service, and superseding any prior or concurrent oral or written agreements, communications, and recommendations (including but not limited to any previous versions of these Service Terms).
In the event of any ambiguity in these Service Terms, no interpretation unfavorable to the drafter shall be made. 
Section 20 - Transfer
Without our prior written consent, you shall not entrust, transfer or assign this agreement or any of your rights or obligations under these terms. Any such attempt shall be deemed invalid. We may transfer, assign or entrust this clause and our rights and obligations without your consent or prior notice. 
Section 21 - Applicable Law
This Service Terms and any separate agreements on which we provide services shall be governed by and construed in accordance with the federal, state or local courts of the jurisdiction where 95ER has its headquarters. You and 95ER agree to the jurisdiction of such courts in terms of territorial and personal jurisdiction. 
Section 22 - Title
The titles used in this agreement are for the convenience of reading only and shall not limit or otherwise affect the terms of this clause. 
Article 23 - Service Terms Amendment
You can view the latest version of the service terms on this page at any time.
We reserve the right to update, change or replace any part of this service terms by posting updates and changes on our website. You are responsible for regularly checking our website to be aware of any possible term changes. We will notify you of any significant changes to these terms in accordance with applicable laws, and the changes will come into effect on the date specified in the notice. Upon the release of any changes to this service terms, your continued use or access to the service indicates your acceptance of these changes. 
Section 24 - Contact Information
Any questions related to this service agreement should be sent to us via support@95er.com.
Our contact information is listed below:
[Insert Transaction Name] support@95er.com