TERMS OF SERVICE

OVERVIEW

Welcome to Endless Drops. The terms “we,” “us,” and “our” refer to Endless Drops.

Endless Drops 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”). Endless Drops is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you access or use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover matters 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 our Privacy Policy, you should not use or access the 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 that 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 information, payment information, and shipping information.

You represent and warrant that all information you provide is accurate, current, and complete and that you have all rights necessary to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity conducted through your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 — OUR PRODUCTS

We make reasonable efforts to provide accurate representations and descriptions of our products and services.

However, product colors, dimensions, finishes, configurations, and appearance may vary from how they appear on your screen due to device settings, manufacturer updates, photography, or other factors.

We do not warrant that the appearance or quality of any product or service purchased through the Services will meet your expectations or be identical to images, illustrations, or renderings displayed on our website.

Product descriptions, specifications, pricing, and availability are subject to change at any time without notice.

We reserve the right to discontinue any product or service at any time and may limit quantities or availability by customer, geographic region, jurisdiction, or other reasonable criteria.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase.

Endless Drops reserves the right to accept or decline an order for any lawful reason and at our discretion.

An order is not considered accepted until Endless Drops confirms its acceptance. Payment authorization or processing does not necessarily constitute final acceptance of an order.

Please review your order carefully before submitting it. Because many of our products may be high-value, specialized, made-to-order, configured, oversized, or fulfilled directly by manufacturers, cancellation requests may not be possible after an order has been accepted or processing has begun.

If we decline, modify, or cancel an order, we will attempt to notify you using the email address, billing address, shipping address, or telephone number provided with the order.

Purchases are subject to our Return Policy and any applicable manufacturer-specific conditions disclosed before the order is accepted.

You represent and warrant that purchases made through the Services are for lawful purposes and are not intended for unauthorized commercial resale or export.

SECTION 4 — PRICES AND BILLING

Prices, discounts, promotions, and product availability are subject to change without notice.

The price charged for a product or service will be the price in effect when the order is placed, subject to our acceptance of the order, and will be reflected in the applicable order confirmation.

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

Prices shown through our online store may differ from prices offered through other sales channels or third parties.

From time to time, we may offer promotions that are subject to separate terms and conditions. If promotional terms conflict with these Terms, the specific promotional terms will govern with respect to that promotion.

You agree to provide current, complete, and accurate purchase, payment, billing, and account information.

You represent and warrant that:

1. The payment information you provide is accurate and complete;

2. You are authorized to use the payment method provided;

3. Charges incurred by you will be honored by the applicable payment provider; and

4. You will pay all charges associated with your accepted order, including applicable shipping, freight, handling, and taxes.

SECTION 5 — SHIPPING AND DELIVERY

Delivery dates and transit times are estimates only and are not guaranteed unless expressly stated in writing.

We are not responsible for delays caused by manufacturers, freight carriers, shipping providers, customs processing, supply-chain disruptions, weather events, or circumstances beyond our reasonable control.

Certain products may be shipped directly from a manufacturer, distributor, fulfillment partner, or third-party warehouse.

Title and risk of loss may pass to you when products are transferred to the applicable carrier, subject to applicable law and any specific shipping terms communicated in connection with your order.

Customers are responsible for inspecting freight and oversized shipments upon delivery in accordance with our Return Policy and any applicable delivery instructions.

SECTION 6 — INTELLECTUAL PROPERTY

The Services, including all trademarks, branding, text, displays, images, graphics, photographs, videos, audio, product reviews, website design, selection, arrangement, and other content, are owned by Endless Drops, its affiliates, licensors, suppliers, manufacturers, or other applicable rights holders and are protected by United States and international intellectual property laws.

These Terms permit you to use the Services solely for lawful personal or business evaluation purposes.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit material from the Services except as permitted by law or with our prior written authorization.

Nothing in these Terms grants you any license or other right under any patent, trademark, copyright, trade secret, or other intellectual property owned by Endless Drops, Shopify, our suppliers, manufacturers, licensors, or any third party.

The Endless Drops name, logo, product names, service names, designs, slogans, and other brand elements are trademarks or intellectual property of Endless Drops or its licensors and may not be used without prior written permission.

Shopify’s name, logo, product names, service names, designs, and slogans are trademarks of Shopify.

All other trademarks appearing through the Services belong to their respective owners.

SECTION 7 — OPTIONAL TOOLS

We may provide access to tools, applications, or services offered by third parties that we do not monitor or control.

You acknowledge that access to such tools is provided “as is” and “as available,” without warranties, representations, conditions, or endorsement of any kind.

To the fullest extent permitted by law, we shall have no liability arising from or relating to your use of optional third-party tools.

Your use of third-party tools is at your own discretion and risk, and you are responsible for reviewing and accepting the applicable third-party terms and policies.

We may introduce new features, tools, or resources in the future. Such features will be considered part of the Services and will be subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain materials, integrations, or hyperlinks to websites operated by third parties.

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

If you leave the Services to access a third-party website, you do so at your own risk.

We are not liable for harm, loss, or damages associated with third-party websites or with products, services, resources, or content purchased or obtained from third parties.

You should review the applicable third party’s terms, policies, and practices before entering into any transaction.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Endless Drops is powered by Shopify, which provides technology that enables us to operate portions of the Services.

However, purchases and sales made through our store are transactions directly between you and Endless Drops.

By using the Services, you acknowledge that Shopify is not responsible for any aspect of a transaction between you and Endless Drops, including injury, damage, loss, product performance, delivery, installation, warranty matters, or other issues arising from products or services purchased through Endless Drops.

To the fullest extent permitted by applicable law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or related to transactions between you and Endless Drops.

SECTION 10 — PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Certain personal information may also be collected and processed by Shopify in accordance with Shopify’s applicable privacy policies.

Because portions of the Services are hosted or supported by Shopify, Shopify may collect and process information relating to your access to and use of the Services for purposes including operating, securing, supporting, and improving its services.

Information submitted through the Services may also be shared with service providers and other parties necessary to process transactions, fulfill orders, provide customer support, operate the website, and deliver the Services.

Please review our Privacy Policy for additional information regarding how personal information is collected, used, disclosed, and protected.

SECTION 11 — FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, photographs, or other content (“Feedback”), you grant Endless Drops a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback for lawful purposes, including operating, improving, evaluating, and promoting 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; and

3. Your Feedback complies with these Terms and applicable law.

We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback unless otherwise required by law or expressly agreed in writing.

We may, but are not obligated to, monitor, edit, or remove Feedback that we determine to be unlawful, offensive, threatening, libelous, defamatory, obscene, infringing, misleading, or otherwise objectionable.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, publicity, personality, or other proprietary rights.

You further agree that your Feedback will not contain libelous, unlawful, abusive, or obscene material, or any computer virus or other malware that could affect the operation of the Services or any related website.

You may not use a false email address, impersonate another person, or otherwise mislead us or third parties as to the origin of any Feedback.

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

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

The Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, specifications, pricing, promotions, offers, shipping charges, freight charges, transit times, 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 relating to an order is inaccurate, subject to applicable law.

SECTION 13 — PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not use the Services, directly or indirectly:

1. For any unlawful, fraudulent, abusive, or malicious purpose;

2. To violate any international, federal, state, provincial, or local law or regulation;

3. To infringe our intellectual property rights or those of another party;

4. To harass, abuse, threaten, defame, intimidate, discriminate against, or harm any person;

5. To transmit false, deceptive, or misleading information;

6. To upload, download, transmit, distribute, or reuse materials that violate these Terms;

7. To transmit unsolicited advertising or promotional material, including spam, junk mail, or chain letters;

8. To impersonate any person or entity; or

9. To engage in conduct that interferes with another person’s use of the Services or that may expose Endless Drops, Shopify, our partners, or our customers to harm or liability.

You further agree not to:

1. Upload or transmit viruses, malicious code, or harmful software;

2. Reproduce, duplicate, copy, extract, sell, resell, or exploit unauthorized portions of the Services;

3. Collect or track personal information about others without authorization;

4. Spam, phish, pharm, scrape, or pretext the Services;

5. Use robots, spiders, automated scraping tools, data-extraction tools, autonomous agents, AI tools, or other automated means to access the Services except as expressly authorized by us; or

6. Interfere with, bypass, circumvent, disable, or attempt to defeat security features or technological measures designed to restrict access to the Services.

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

SECTION 14 — AGENTS AND AUTOMATED SYSTEMS

14.1

This section (“Agent Terms”) applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with the Services.

“Agent” means software or a service that takes autonomous or semi-autonomous actions on behalf of, or at the instruction of, a person or entity.

14.2

No Agent may access, use, or interact with the Services unless it identifies itself and operates in accordance with the requirements described in this Section.

An Agent may not access or interact with the Services if we have requested that the Agent refrain from doing so.

14.3

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

14.4

Agents must:

1. Identify themselves in HTTP or HTTPS requests as automated agents and, where technically applicable, identify the applicable agent in the user-agent string;

2. Not conceal or misrepresent the fact that an interaction originates from an automated system;

3. Not circumvent CAPTCHAs, access restrictions, security controls, rate limits, or measures intended to distinguish automated access from human access;

4. Respond truthfully to requests intended to determine whether an interaction originates from a human or automated system; and

5. Comply with applicable technical instructions and restrictions governing automated access to the Services.

SECTION 15 — TERMINATION

We may suspend or terminate your access to the Services, or any portion thereof, in our discretion and subject to applicable law.

You will remain responsible for amounts properly due and payable through the effective date of termination.

Provisions that by their nature should survive termination will remain in effect, including provisions concerning Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Governing Law, Privacy, and other provisions intended to survive.

SECTION 16 — DISCLAIMER OF WARRANTIES

Information presented through the Services is provided for general informational purposes.

We do not warrant the accuracy, completeness, reliability, or usefulness of information except where expressly required by applicable law.

Any reliance you place on information provided through the Services is at your own risk.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY STATED IN WRITING BY ENDLESS DROPS, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS LIMIT OR DO NOT PERMIT CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

Nothing in this Section is intended to limit any manufacturer warranty expressly applicable to a product or any consumer right that cannot lawfully be waived.

SECTION 17 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ENDLESS DROPS, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, SUPPLIERS, AND THE APPLICABLE PARTIES ASSOCIATED WITH SHOPIFY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, BUSINESS INTERRUPTION, OR REPLACEMENT COSTS, ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER A CLAIM ARISES IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANOTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 18 — INDEMNIFICATION

You agree, to the extent permitted by applicable law, to indemnify, defend, and hold harmless Endless Drops, Shopify, and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, liabilities, costs, and reasonable attorneys’ fees arising out of:

1. Your breach of these Terms or policies incorporated by reference;

2. Your violation of applicable law or the rights of a third party; or

3. Your misuse of or unauthorized access to the Services.

We will provide reasonable notice of an indemnifiable claim when practicable.

We may control the defense and settlement of such a claim, provided that we will not agree to a settlement that imposes non-monetary obligations on you without your consent, which will not be unreasonably withheld.

You agree to reasonably cooperate in the defense of any such claim.

SECTION 19 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law.

The unenforceable portion will be deemed severed from these Terms without affecting 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 does not constitute a waiver of that right or provision.

These Terms and any policies or operating rules posted by Endless Drops in connection with the Services constitute the entire agreement between you and Endless Drops concerning your use of the Services and supersede prior or contemporaneous agreements, communications, and proposals relating to the same subject matter.

Any ambiguity in these Terms will not automatically be construed against the party responsible for drafting them.

SECTION 21 — ASSIGNMENT

You may not delegate, transfer, or assign these Terms or any rights or obligations under them without our prior written consent.

Any unauthorized attempted assignment may be null and void.

We may transfer, assign, or delegate these Terms and our rights and obligations in connection with a merger, acquisition, restructuring, financing, sale of assets, or other lawful business transaction, subject to applicable law.

SECTION 22 — GOVERNING LAW AND JURISDICTION

These Terms of Service and any separate agreements through which Endless Drops provides Services will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-law principles.

To the extent permitted by applicable law, you and Endless Drops consent to the jurisdiction and venue of the applicable state and federal courts located in Texas in the jurisdiction where Endless Drops maintains its principal place of business.

Nothing in this Section limits any consumer rights or remedies that cannot lawfully be waived under applicable law.

SECTION 23 — HEADINGS

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

SECTION 24 — CHANGES TO TERMS OF SERVICE

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

We reserve the right to update, modify, or replace portions of these Terms by posting revised Terms on our website.

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

Changes will become effective on the date specified in the applicable notice or, where no specific date is required, when the revised Terms are posted.

Your continued use of the Services after revised Terms become effective constitutes acceptance of those changes, to the extent permitted by applicable law.

SECTION 25 — CONTACT INFORMATION

Questions regarding these Terms of Service may be sent to:

Endless Drops
30 N Gould Street Suite R
Sheridan, WY 82801
United States

Email: carlos@endlessdrops.com