OVERVIEW
Welcome to Flappaway! The terms “we”, “us” and “our” refer to Flappaway LLC. Flappaway 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”). Flappaway LLC is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, 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 stores or purchasing any of the 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 the information you provide in our stores 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 stores. However, please note that colors or product appearance may differ from how they appear on your screen due to device type and settings.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
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.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Flappaway LLC reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Flappaway LLC confirms acceptance.
We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Flappaway LLC may be unable to accommodate cancellation requests after an order is accepted.
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 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 set out in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs, or import charges.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Flappaway LLC, its affiliates, or licensors and are protected by U.S. and foreign intellectual property laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, or transmit any of the material on the Services without our prior written consent.
All rights not expressly granted herein are reserved by Flappaway LLC. Unauthorized use of the Services may be a violation of federal and state intellectual property laws.
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 control.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement.
We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access.
We are not liable for any harm or damages related to your access of any third-party websites or your purchase or use of any products, services, resources, or content on any third-party websites. Please review the third party’s policies before engaging in any transaction.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Flappaway LLC is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Flappaway LLC.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Flappaway LLC, including any injury, damage, or loss resulting from purchased products or services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Flappaway LLC.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify’s Privacy Policy.
By using the Services, you acknowledge that you have read these privacy policies. Information you submit to the Services will be transmitted to and shared with Shopify and other third parties to provide and improve our Services.
SECTION 11 – FEEDBACK
If you submit any ideas, feedback, reviews, or proposals (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use and display such Feedback for any purpose.
You represent that you own or have the necessary rights to all Feedback and that it does not violate any third-party rights or laws.
We reserve the right to remove any Feedback deemed unlawful, offensive, or otherwise objectionable at our discretion.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping, or availability. We reserve the right to correct any errors or cancel orders if any information is inaccurate at any time without notice.
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You may not use the Services:
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For any unlawful purpose or to solicit others to perform unlawful acts;
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To violate any local, national, or international laws;
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To infringe upon intellectual property rights;
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To harass, defame, or harm others;
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To upload malicious code or spam;
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To collect or track personal data of others;
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To interfere with or circumvent the security features of the Services or any related website.
We reserve the right to suspend or terminate your account without notice for any prohibited use.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services at any time, without notice, if we determine that you have violated these Terms. You remain liable for all amounts due up to the date of termination.
Sections concerning Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, and Indemnification shall survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
Except as expressly stated by Flappaway LLC, the Services and all products are provided “as is” and “as available,” without any representation or warranties, express or implied, including implied warranties of merchantability or fitness for a particular purpose.
We do not guarantee that your use of the Services will be uninterrupted, timely, or error-free.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, Flappaway LLC and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, or data, arising from your use of the Services or any purchased product.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless Flappaway LLC, Shopify, and their affiliates, officers, employees, and partners from any losses or claims arising from your breach of these Terms or violation of any law or third-party right.
SECTION 18 – SEVERABILITY
If any provision of these Terms is deemed unlawful or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Failure to enforce any right or provision shall not constitute a waiver. These Terms and any referenced policies constitute the entire agreement between you and Flappaway LLC.
SECTION 20 – ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without notice to you.
SECTION 21 – GOVERNING LAW
These Terms of Service and any related agreements shall be governed by and construed in accordance with the laws of the United States, with jurisdiction in the state and federal courts located in New Mexico, USA.
SECTION 22 – HEADINGS
Headings are for convenience only and shall not affect interpretation of these Terms.
SECTION 23 – CHANGES TO TERMS OF SERVICE
We may update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check for changes periodically. Continued use of the Services after any changes constitutes acceptance.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to:
📧 flappawayllc@gmail.com
🏢 Flappaway LLC
1209 Mountain Road Place Northeast,
Albuquerque, New Mexico 87110,
United States
