Terms of Service

Furthermore, this Service and all products delivered to you through the Service are provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant, represent, or guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow the exclusion of implied warranties or other warranties, so the above exclusion may not apply to you.

Section 16 - Limitation of Liability
To the maximum extent permitted by law, in no event shall Casminton, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors—or Shopify and its affiliates—be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract. We shall not be liable for any tort (including negligence), strict liability, or other claim arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

Section 17 - Indemnification
You agree to indemnify, defend, and hold harmless CASMINTON, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim (including reasonable attorneys' fees) paid to any third party, arising out of or related to: (1) your breach of these Terms of Service or the documents they incorporate by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Service. We will notify you of any indemnifiable claims; however, even if we fail to provide timely notice, you shall remain bound by your corresponding obligations unless you suffer material prejudice as a result. We may, at your expense—including the cost of selecting legal counsel—assume control over the defense and settlement of such claims; however, we will not enter into any settlement regarding a claim that imposes non-monetary obligations upon you without your prior consent (which you shall not unreasonably withhold). You agree to cooperate fully in the defense of any indemnifiable claims, including by providing relevant documentation.

Section 18 – Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 19 – Waiver; Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 20 – Assignment
You may not delegate, assign, or transfer this Agreement or any of your rights or obligations under these Terms without our prior written consent; any such attempted delegation, assignment, or transfer shall be null and void. We may assign, transfer, or delegate these Terms, as well as our rights and obligations hereunder, without your consent or notice to you.

Section 21 – Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the federal and state or regional courts having jurisdiction over the location of CASMINTON’s headquarters. You and CASMINTON hereby agree to submit to the venue and personal jurisdiction of such courts. Article 22 - Headings
The headings used in this Agreement are included for convenience only and do not limit or otherwise affect these Terms.

Article 23 - Changes to Terms of Service
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law; such changes shall become effective on the date specified in the notice. Your continued use of or access to the Service following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.

Article 24 - Contact Information
Questions regarding the Terms of Service:
Our contact details are as follows:
support@casminton.com