Terms of service

OVERVIEW

Welcome to Flock U Shop! The terms "we", "us" and "our" refer to Flock U Shop. Flock U Shop 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"). Flock U Shop 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 of residence, or that you are the age of majority in your state of residence and have given 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 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 store 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 store. However, please note that colors, sizing, positioning, proportions or other aspects of a product's appearance may differ from how they appear on your screen due to your device, display settings, manufacturing processes or the nature of custom and printed products.

Product mockups, previews and digital representations are provided for illustrative purposes. Minor variations may occur between a displayed mockup or preview and the finished physical product.

We do not warrant that the appearance or quality of any products or services purchased by you will exactly match how they are depicted or rendered in our online store.

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 the quantities of any products that we offer to any person or geographic region on a case-by-case basis.

Flock U Shop currently sells and ships products only within the United States. We reserve the right to modify the geographic areas we serve at any time.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Flock U Shop reserves the right to accept or decline your order for any lawful reason at its discretion. Your order is not accepted until Flock U Shop confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it. Because many of our products are custom, personalized, printed, made-to-order or otherwise produced specifically in response to an order, we may be unable to accommodate cancellation or modification requests after an order has been accepted or production has begun.

In the event that we do not accept, make a change to or cancel an order, we will attempt to notify you using the contact information provided at the time the order was placed.

All sales are final except where an exchange, replacement or other remedy is expressly permitted under our Return & Exchange Policy. Any request for an exchange or other remedy must comply with the eligibility requirements, time limits and procedures stated in that policy. Where applicable, requests must be submitted within 14 days after delivery of the shipment. Approval of any claim, exchange, replacement or other remedy is subject to review and determination by Flock U Shop in accordance with that 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. Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping or handling charges.

We may offer promotions on the Services from time to time that may affect pricing and that may be governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern with respect to that promotion.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the payment information you provide is true, correct and complete; (ii) you are duly authorized to use the payment method provided for the purchase; (iii) charges incurred by you will be honored by your payment provider; and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays caused by shipping carriers, fulfillment providers, weather, natural disasters, supply disruptions or other events outside our reasonable control. All delivery times are estimates only and are not guaranteed.

You are responsible for providing a complete and accurate shipping address when placing your order. We are not responsible for delivery problems resulting from incorrect or incomplete shipping information provided by the customer.

Shipping, delivery, damaged-item, defective-item and missing-item claims are subject to the requirements and procedures stated in our Return & Exchange Policy.

We currently ship only to eligible addresses within the United States.

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 Flock U Shop, its affiliates or licensors and are protected by applicable U.S. and international intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material on the Services without our prior written consent, except as otherwise permitted by law.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright or other intellectual property of Flock U Shop, Shopify or any third party. Unauthorized use of the Services may violate applicable intellectual property laws. All rights not expressly granted herein are reserved by Flock U Shop.

Flock U Shop's names, logos, product and service names, designs and slogans are trademarks of Flock U Shop or its affiliates or licensors. You must not use such trademarks without prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing through the Services are the property of their respective owners.

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 have any control or input over.

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

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which those tools are provided by the relevant third-party provider.

We may also, in the future, offer new features through the Services, including the release of new tools and resources. Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access.

If you decide to leave the Services to access third-party materials or websites, you do so at your own risk.

We are not liable for harm or damages related to your access of any third-party website or your purchase or use of products, services, resources or content available through a third-party website. Please carefully review the third party's policies and practices before engaging in any transaction with them.

Complaints, claims, concerns or questions regarding third-party products and services should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Flock U Shop 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 Flock U Shop.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Flock U Shop, including any injury, damage or loss resulting from purchased products and 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 Flock U Shop to the fullest extent permitted by applicable law.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify's Privacy Policy, which is available through Shopify's website.

By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes certain personal information relating to your access to and use of the Services in order to provide and improve the Services.

Information you submit through the Services may be transmitted to or processed by Shopify and other service providers that assist us in operating our store. Those providers may process information in jurisdictions different from the jurisdiction in which you reside. Any such processing is subject to applicable privacy and data-protection requirements and the safeguards described in our Privacy Policy and the applicable service provider's privacy terms.

Please review our Privacy Policy for additional information regarding how Flock U Shop, Shopify and our service providers collect, use, disclose and process personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use.

We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under these Terms.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms.

We are under no obligation to (1) maintain your Feedback in confidence; (2) pay compensation for your Feedback; or (3) respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party's intellectual property rights or these Terms.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not contain 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, pretend to be someone other than yourself or otherwise mislead us or third parties regarding the origin of any Feedback. You are solely responsible for the Feedback you provide and its accuracy. We take no responsibility and assume no liability for Feedback posted by you or any third party except as required by applicable law.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or within the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping 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 any information is inaccurate at any time without prior notice, including after you have submitted your order, subject to applicable law.

If an order is canceled after payment has been collected, any refund legally owed will be issued to the applicable payment method.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:

(a) for any unlawful or malicious purpose;

(b) to violate any applicable federal, state or local law, regulation, rule or ordinance;

(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(d) to harass, abuse, threaten, defame, intimidate or harm any person;

(e) to transmit false or misleading information;

(f) to send, knowingly receive, upload, download, use or reuse material that does not comply with these Terms;

(g) to transmit or procure the sending of unsolicited advertising or promotional material, including junk mail, chain letters, spam or similar solicitations;

(h) to impersonate or attempt to impersonate another person or entity; or

(i) to engage in conduct that restricts or inhibits another person's use or enjoyment of the Services or that, as reasonably determined by us, may harm Flock U Shop, Shopify, other users or third parties or expose them to liability.

In addition, you agree not to:

(a) upload or transmit viruses or other malicious code that may affect the functionality or operation of the Services;

(b) reproduce, duplicate, copy, extract, sell, resell or commercially exploit any unauthorized portion of the Services;

(c) unlawfully collect or track the personal information of others;

(d) spam, phish, pharm, scrape or pretext the Services;

(e) use robots, spiders, scraping or data-extraction tools, automated systems, AI agents or similar technologies to access or interact with the Services in violation of our instructions, technical restrictions or applicable law; or

(f) interfere with, bypass or circumvent security or authorization features, robot exclusion headers or other measures used 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

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 any Services. "Agent" means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity without direct supervision.

14.2 No Agent may access, use or interact with the Services unless it identifies itself and operates in accordance with the requirements of this Section. In addition, no Agent may access, use or interact with the Services if we have requested that the Agent refrain from doing so.

14.3 We may limit, including through technical measures, whether and how an Agent accesses, uses or interacts with the Services.

14.4 Agents must: (i) identify automated requests in a reasonable manner consistent with applicable technical standards and our published requirements; (ii) not conceal or deliberately misrepresent that access, use or interactions originate from an automated system; (iii) respond truthfully to mechanisms reasonably designed to determine whether interactions originate from a human or automated system; and (iv) not circumvent or avoid measures intended to block, limit, modify or control automated access to the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, in our discretion where permitted by applicable law, including if you violate these Terms.

You will remain liable for all amounts properly due up to and including the date of termination.

The following sections will continue to apply following termination to the extent relevant: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available primarily for general informational purposes. We do not warrant the accuracy, completeness or usefulness of information except where otherwise required by law.

Any reliance you place on such information is at your own risk. To the fullest extent permitted by law, we disclaim liability arising from reliance placed on such materials by you or any other visitor to the Services.

EXCEPT AS EXPRESSLY STATED BY FLOCK U SHOP OR REQUIRED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

Nothing in these Terms excludes any warranty, guarantee or other right that cannot legally be excluded or limited.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, FLOCK U SHOP, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PROCURED USING THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT APPLICABLE LAW DOES NOT PERMIT A PARTICULAR LIMITATION OR EXCLUSION OF LIABILITY, THAT LIMITATION OR EXCLUSION SHALL APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Nothing in these Terms is intended to exclude or limit liability where doing so would be prohibited by applicable law.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Flock U Shop, Shopify and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from losses, damages, liabilities or third-party claims, including reasonable attorneys' fees, arising from:

(1) your material breach of these Terms of Service or documents incorporated by reference;

(2) your violation of applicable law or the rights of a third party; or

(3) your unlawful or unauthorized use of the Services.

We will provide reasonable notice of an indemnifiable claim. Failure to promptly provide notice will not relieve you of your obligations unless you are materially prejudiced by the delay.

To the extent permitted by law, we may control the defense and settlement of an indemnifiable claim, including choice of counsel, but will not agree to a settlement imposing a non-monetary obligation on you without your consent, which shall not be unreasonably withheld. You agree to reasonably cooperate in the defense of indemnified claims.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nevertheless be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms.

Such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us through the Services constitute the entire agreement and understanding between you and us regarding your use of the Services and supersede prior or contemporaneous agreements, communications and proposals concerning the same subject matter, whether oral or written, except where otherwise required by law.

Any ambiguities in the interpretation of these Terms shall not automatically be construed against either party solely because that party drafted or supplied the applicable language.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer or assign these Terms or your rights or obligations under them without our prior written consent, except where applicable law provides otherwise. Any unauthorized attempted assignment may be void.

We may transfer, assign or delegate these Terms and our rights and obligations in connection with a merger, acquisition, reorganization, sale of assets, transfer of the business or similar transaction, or as otherwise permitted by law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services shall be governed by and construed in accordance with applicable United States law and the laws of the state in which Flock U Shop principally operates, without regard to conflict-of-law principles, except to the extent otherwise required by applicable law.

Any dispute subject to court jurisdiction shall be brought in a court of competent jurisdiction in the state in which Flock U Shop principally operates, unless applicable law requires otherwise.

Nothing in this Section deprives a consumer of rights or protections that cannot legally 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 the interpretation of these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

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

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and changes to 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 separate notice is required, when the updated Terms are posted.

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

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service may be sent to: flockushop@gmail.com

We do not publish a physical business address or telephone number through these Terms. Where applicable law requires additional business contact information to be provided, we will provide the information through an appropriate legally compliant method.