Terms of service
1. INTRODUCTION AND AGREEMENT TO TERMS
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you,” “user,” or “customer”) and driftlesstools (“Company,” “we,” “us,” or “our”) governing your access to and use of driftlesstools.com, our Shopify store, and any related services (collectively, the “Services”).
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not access or use the Services.
We may revise these Terms at any time in accordance with Section 19. Continued use of the Services following any update constitutes acceptance of the revised Terms.
2. ELIGIBILITY AND ACCOUNT RESPONSIBILITY
You represent and warrant that you are of legal age of majority in your jurisdiction and have the legal capacity to enter into binding agreements.
You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account, whether authorized or not.
You agree not to sell, transfer, assign, or share your account.
We reserve the right, in our sole discretion and to the extent permitted by law, to refuse service, suspend accounts, or cancel orders where necessary to prevent fraud, abuse, security risks, or legal exposure.
3. PRODUCT INFORMATION AND AVAILABILITY
We strive to ensure that product descriptions, pricing, availability, and other content are accurate; however, we do not warrant that such information is error-free, complete, or current.
We reserve the right to correct errors, inaccuracies, or omissions at any time without prior notice, including after an order has been submitted.
We may modify, discontinue, or limit the availability of any product at any time without liability.
Product representations (including color, texture, and dimensions) may vary due to manufacturing processes and device display differences.
4. ORDERS AND CONTRACT FORMATION
All orders placed through the Services constitute offers to purchase products.
We reserve the right to accept, reject, or cancel any order at any time prior to shipment for any lawful reason, including but not limited to suspected fraud, pricing errors, inventory limitations, or system malfunction.
A binding contract is formed only upon our issuance of a shipment confirmation.
We may limit or cancel quantities per person, household, order, or account.
5. PRICING, TAXES, AND PAYMENT AUTHORIZATION
All prices are subject to change without notice.
By providing payment information, you represent and warrant that:
- you are authorized to use the payment method;
- the information provided is accurate; and
- you authorize us or our payment processors to charge all amounts due, including taxes, shipping fees, and applicable surcharges.
Failure to complete payment may result in cancellation or restriction of future orders.
6. FRAUD PREVENTION, DISPUTES, AND CHARGEBACKS
We may implement reasonable fraud detection and prevention measures, including order review, verification requests, and transaction monitoring.
Prior to initiating any payment dispute, you agree to contact us to attempt resolution in good faith.
If a chargeback or payment dispute is initiated, we may:
- provide transaction evidence to financial institutions or processors;
- contest the dispute; and
- implement protective measures including order refusal or account restriction.
We reserve the right to refuse future transactions where we reasonably determine abusive, fraudulent, or excessive dispute activity has occurred.
Nothing in these Terms limits your statutory rights or rights under applicable card network rules.
7. SHIPPING, DELIVERY, AND RISK OF LOSS
Shipping timelines are estimates only and are not guaranteed.
We are not liable for delays, failures, or misdeliveries caused by carriers, customs authorities, or events beyond our reasonable control.
Risk of loss and title transfer to you upon delivery of the product to the carrier, unless otherwise required by applicable law.
8. RETURNS AND REFUNDS
All returns, refunds, and exchanges are governed exclusively by our Returns Policy [LINK], which is incorporated herein by reference.
In the event of any conflict between these Terms and the Returns Policy, the Returns Policy shall govern solely with respect to returns and refunds.
9. INTELLECTUAL PROPERTY RIGHTS
All content, including but not limited to text, graphics, images, logos, product designs, product listings, engineering features, and software, is owned by or licensed to driftlesstools and is protected under applicable intellectual property laws, including copyright, trademark, and trade dress protections.
Certain products offered through the Services may be protected by pending patent applications. Nothing in these Terms grants you any license or right to use, replicate, or commercially exploit any patented or patent-pending features, methods, or functional designs.
You acknowledge and agree that the products, including their structure, configuration, functional design, and operational principles, constitute proprietary commercial information.
Prohibited Conduct
You may not, without our prior express written consent:
- copy, reproduce, or distribute any product design or associated materials;
- reverse engineer, disassemble, decompile, or otherwise attempt to derive underlying design, structure, or functionality;
- create, develop, or distribute any product that is substantially similar in function, appearance, or operation;
- use any knowledge derived from examination of our products for commercial production, replication, or competitive purposes;
- register or attempt to register any patent, design, or intellectual property right based on or derived from our products;
- use our intellectual property in any manner that competes with, replicates, or substitutes our products in the marketplace.
No Implied License
All rights not expressly granted are reserved. No license, express or implied, is granted to you under any intellectual property rights owned or controlled by driftlesstools.
10. THIRD-PARTY SERVICES (SHOPIFY)
The Services are hosted by Shopify, but all transactions are between you and driftlesstools.
Shopify shall have no liability arising from or relating to any transaction, dispute, or product purchased through the Services.
11. PROHIBITED CONDUCT
You agree not to use the Services to:
- violate applicable laws or regulations;
- engage in fraud, deception, or payment abuse;
- interfere with security, integrity, or performance of the Services;
- submit false or fraudulent disputes or chargebacks;
- impersonate any person or entity;
- transmit malware or malicious code; or
- harass, threaten, or abuse others.
We may suspend or terminate access immediately upon suspected violation.
12. TERMINATION
We may suspend or terminate your access to the Services at any time, with or without notice, where reasonably necessary to protect our legal, operational, or security interests.
Termination shall not affect rights or obligations accrued prior to termination.
13. DISCLAIMER OF WARRANTIES
To the maximum extent permitted by law, the Services and all products are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express or implied.
We disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant uninterrupted, secure, or error-free operation of the Services.
14. LIMITATION OF LIABILITY
To the maximum extent permitted by law:
We shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profits, revenue, data, or goodwill.
Our total aggregate liability arising out of or relating to any claim shall not exceed the total amount paid for the product giving rise to the claim.
Nothing in these Terms excludes liability that cannot be excluded under applicable law.
15. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless driftlesstools and its affiliates, officers, employees, contractors, and service providers from any claims, damages, liabilities, losses, or expenses arising from:
- your violation of these Terms;
- your misuse of the Services or products; or
- your violation of applicable laws or third-party rights.
16. DISPUTE RESOLUTION AND BINDING ARBITRATION
Any dispute, claim, or controversy arising out of or relating to these Terms or any transaction shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
Arbitration shall be conducted before a single neutral arbitrator and may proceed by video, telephone, or document submission, unless an in-person hearing is required.
The arbitrator shall have exclusive authority to resolve all issues, including arbitrability and enforceability.
Individual Basis Requirement
All disputes must be brought on an individual basis only. Class, collective, and representative actions are expressly waived to the maximum extent permitted by law.
Small Claims Exception
Either party may bring individual claims in small claims court where jurisdiction and limits allow.
Fees
Arbitration fees shall be allocated in accordance with AAA rules or applicable law.
Opt-Out
You may opt out of arbitration within 30 days of first purchase by emailing driftlesstools@gmail.com with your name, account email, and clear intent to opt out.
17. GOVERNING LAW
These Terms are governed by the laws of the State of Wisconsin, without regard to conflict of law principles.
18. FORCE MAJEURE
We shall not be liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, pandemics, government actions, or infrastructure failures.
19. CHANGES TO TERMS
We may revise these Terms at any time in our sole discretion.
Updated Terms will be effective upon posting. Continued use constitutes acceptance.
20. SEVERABILITY
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
21. ENTIRE AGREEMENT
These Terms, together with our Privacy Policy and Returns Policy, constitute the entire agreement between you and driftlesstools.
22. ASSIGNMENT
We may assign or transfer our rights and obligations under these Terms without restriction. You may not assign your rights or obligations without our prior written consent.
23. PRODUCT USE AND ASSUMPTION OF RISK
You agree to use all products only as intended and in accordance with provided instructions.
You assume full responsibility for any misuse, modification, or unintended use.
To the maximum extent permitted by law, we disclaim liability for injury, damage, or loss arising from misuse.
24. RETURNS POLICY INCORPORATION
Returns and refunds are governed by our Returns Policy [LINK], which is incorporated by reference.
The Returns Policy controls exclusively in the event of any conflict relating to returns or refunds.
25. CONSUMER RIGHTS SAVINGS CLAUSE
Nothing in these Terms shall be interpreted to limit or exclude any rights you may have under applicable consumer protection laws. Where a conflict exists, mandatory legal rights shall prevail.
26. PRIVACY POLICY
Your use of the Services is subject to our Privacy Policy [LINK].
In the event of conflict regarding personal data processing, the Privacy Policy shall control.
27. SURVIVAL
All provisions which by their nature should survive termination, including but not limited to intellectual property, limitation of liability, indemnification, dispute resolution, and payment obligations, shall survive termination.