Terms of service

OVERVIEW

Welcome to BrushCleaner! The terms “we,” “us,” and “our” refer to BrushCleaner. BrushCleaner operates this store and website, including all related information, content, features, tools, products, and services provided to you, the customer, to provide you with a curated shopping experience (the “Services”). BrushCleaner is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you use our Services.

Please read these Terms of Service carefully, as they contain 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 our 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 that you have given us your consent to allow any of your minor dependents to use the Services on devices that 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 to us is accurate, current, and complete and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity associated with 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 information and representations of the products and services available through our online store.

However, colors, images, and product appearance may vary depending on your device, screen, settings, and configuration.

We do not guarantee that the appearance, quality, or performance of any product or service purchased by you will meet your individual expectations or be identical to the images or representations displayed on our website.

Product descriptions, specifications, pricing, availability, and other information may be changed at any time without notice at our discretion.

We reserve the right to discontinue any product at any time and may limit the quantities of products offered to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order through our store, you are making an offer to purchase the products in your order.

BrushCleaner reserves the right to accept or decline an order for any reason at our discretion. An order is not considered accepted until BrushCleaner confirms acceptance of the order.

We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after an order has been accepted.

If we do not accept, modify, or cancel an order, we will make reasonable efforts to notify you using the email address, billing address, and/or phone number provided when the order was placed.

Your purchases are subject to return or exchange in accordance with our Return and Refund Policy.

You represent and warrant that your purchases are for your personal or household use and are not intended for 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 displayed at the time the order is placed and will be included in your order confirmation.

Unless otherwise stated, displayed prices may not include applicable taxes, shipping, handling, customs, or import charges.

Prices displayed in our online store may differ from prices offered by third parties or other stores.

We may offer promotions from time to time that are subject to additional terms and conditions. If there is a conflict between the terms of a promotion and these Terms of Service, the promotion terms will apply to the extent of that conflict.

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 information, including your email address, payment information, and billing details, so that we can complete your transactions and contact you when necessary.

You represent and warrant that:

  1. The payment information you provide is true, accurate, and complete.
  2. You are authorized to use the payment method provided.
  3. Charges incurred by you will be honored by your payment provider.
  4. You will pay all charges incurred at the prices displayed at the time of purchase, including applicable shipping, handling, and taxes.

SECTION 5 - SHIPPING AND DELIVERY

We make reasonable efforts to process and ship orders within the timeframes stated on our website and Shipping Policy.

All delivery times are estimates and are not guaranteed.

BrushCleaner is not responsible for delays caused by shipping carriers, customs processing, weather, holidays, or other circumstances beyond our reasonable control.

Once an order has been transferred to the shipping carrier, delivery is subject to the carrier's procedures and policies.

Please refer to our Shipping Policy for additional information regarding shipping and delivery.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, videos, audio, website design, product information, and the selection and arrangement of these materials, are owned by BrushCleaner, its affiliates, licensors, or applicable third parties and are protected by applicable intellectual property laws.

These Terms permit you to use our Services for personal, non-commercial purposes only.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from our Services without our prior written permission, except where permitted by applicable law.

Nothing in these Terms grants you a license or other rights to any patent, trademark, copyright, or other intellectual property belonging to BrushCleaner, Shopify, or any third party, except as expressly stated in these Terms.

Unauthorized use of our Services or intellectual property may violate applicable laws.

BrushCleaner's names, logos, product names, service names, designs, and slogans are trademarks of BrushCleaner or its affiliates or licensors. You may not use these trademarks without prior written permission.

Shopify's name, logo, product names, service names, designs, and slogans are trademarks of Shopify. All other names, logos, product names, service names, designs, and slogans appearing on our Services are the property of their respective owners.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools that we neither monitor nor control.

You acknowledge and agree that access to such third-party tools is provided on an “as is” and “as available” basis without warranties, representations, or conditions of any kind and without endorsement.

BrushCleaner shall not be responsible or liable for any issues, losses, or damages arising from or relating to your use of optional third-party tools.

Any use of optional tools offered through our website is entirely at your own risk and discretion. You should ensure that you understand and agree to the terms under which such tools are provided by their respective third-party providers.

We may introduce new features, services, tools, and resources through our website in the future. Any such new features will also be considered part of the Services and will be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Our Services may contain links, materials, or functionality provided by third parties.

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

If you choose to leave our website and access a third-party website or service, you do so at your own risk.

BrushCleaner is not responsible for any loss, damage, or other issues arising from your access to or use of third-party websites, products, services, resources, or content.

Please review the policies and practices of third parties carefully before entering into any transaction with them.

Questions, complaints, claims, or concerns regarding third-party products or services should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

BrushCleaner is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases made through our store are transactions directly between you and BrushCleaner.

By using our Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales or purchases between you and BrushCleaner, including any injury, damage, loss, or other issue arising from products or services purchased through our store.

To the extent permitted by applicable law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or relating to your purchases and transactions with BrushCleaner.

SECTION 10 - PRIVACY POLICY

Any personal information we collect through our Services is handled in accordance with our Privacy Policy.

By using our Services, you acknowledge that you have reviewed our Privacy Policy and understand how your personal information may be collected, used, and processed.

Because our Services are hosted by Shopify, Shopify may collect and process personal information about your access to and use of our Services in order to provide and improve its services.

Information you submit through our Services may be transmitted to and shared with Shopify and third-party service providers, including providers located in countries other than your country of residence, where necessary to provide our Services.

Please review our Privacy Policy for additional information about how BrushCleaner, Shopify, and our service providers handle personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content to us (“Feedback”), you grant BrushCleaner 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 purposes.

We may use this license to operate, provide, evaluate, enhance, improve, and promote our Services and to fulfill our obligations and exercise our rights under these Terms of Service.

You represent and warrant that:

  1. You own or have all necessary rights to the Feedback you submit.
  2. You have disclosed any compensation or incentives received in connection with your submission.
  3. Your Feedback complies with these Terms of Service and applicable laws.

We are not obligated to maintain your Feedback in confidence, pay compensation for your Feedback, or respond to your Feedback.

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

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

You also agree not to submit Feedback containing malicious software, viruses, misleading information, or unlawful content.

You may not use a false email address, impersonate another person or entity, or otherwise mislead us or third parties about the origin of your Feedback.

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

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on our website or within our Services may contain 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, including after an order has been submitted.

SECTION 13 - PROHIBITED USES

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

You may not use our Services:

  1. For any unlawful or malicious purpose.
  2. To violate any applicable laws, regulations, rules, or ordinances.
  3. To infringe upon or violate our intellectual property rights or the rights of others.
  4. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or threaten any person.
  5. To transmit false or misleading information.
  6. To knowingly upload, download, use, or reuse material that violates these Terms of Service.
  7. To send spam, unsolicited promotional materials, chain letters, or similar solicitations.
  8. To impersonate another person or entity.
  9. To interfere with or restrict another person's use or enjoyment of our Services.
  10. To engage in conduct that may harm BrushCleaner, Shopify, our customers, or other users.

You also agree not to:

  • Upload or transmit viruses, malware, or other malicious code.
  • Reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of our Services without permission.
  • Collect or track personal information belonging to others without authorization.
  • Spam, phish, pharm, or engage in other fraudulent activities.
  • Use automated systems or processes to access or collect information from our Services in violation of applicable restrictions.
  • Interfere with or attempt to bypass security or authorization features used to protect our Services.

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

SECTION 14 - AGENTS

This section applies if you use, allow, enable, or cause the deployment of an automated or semi-automated agent to access, use, or interact with our Services.

An “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.

No Agent may access, use, or interact with our Services if we have requested that the Agent refrain from doing so.

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

Agents must identify themselves appropriately in their requests and must not conceal or misrepresent that their interactions are automated.

Agents must not bypass or circumvent CAPTCHAs, security measures, access restrictions, or other technical controls intended to manage access to our Services.

SECTION 15 - TERMINATION

We may terminate or suspend your access to our Services, or any part of them, at our discretion where permitted by applicable law.

You will remain responsible for any amounts due up to and including the date of termination.

The provisions relating to intellectual property, feedback, termination, disclaimers of warranties, limitation of liability, indemnification, severability, waiver, entire agreement, assignment, governing law, privacy, and any other provisions that by their nature should survive termination will remain effective after termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information provided through our Services is made available for general informational purposes.

We do not guarantee that the information provided through our Services is accurate, complete, current, or useful in every circumstance.

Your reliance on information provided through our Services is at your own risk.

To the fullest extent permitted by applicable law, our Services and products offered through our Services are provided on an “as is” and “as available” basis without warranties, representations, or conditions of any kind, whether express or implied.

This includes, where permitted by law, implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee that your use of our Services will be uninterrupted, timely, secure, or error-free.

Some jurisdictions do not allow limitations or exclusions of certain warranties, so some of the above limitations may not apply to you.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, BrushCleaner, its partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, Shopify, and Shopify's affiliates will not be liable for any direct, indirect, incidental, punitive, special, consequential, or similar damages arising from your use of our Services or any products purchased through our Services.

This includes, where permitted by law, loss of profits, revenue, savings, data, replacement costs, or other similar losses.

These limitations apply whether the claim is based on contract, tort, negligence, strict liability, or another legal theory, and regardless of whether we have been advised of the possibility of such damages.

Some jurisdictions do not allow limitations of liability for certain types of damages, so some limitations may not apply to you.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless BrushCleaner, Shopify, our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from claims, losses, damages, liabilities, and reasonable expenses arising from or related to:

  1. Your breach of these Terms of Service.
  2. Your violation of applicable laws or the rights of a third party.
  3. Your access to or use of our Services.

We will make reasonable efforts to notify you of any claim subject to indemnification.

We may control the defense and settlement of an indemnified claim, including the selection of legal counsel, subject to applicable law.

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

SECTION 19 - SEVERABILITY

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

The determination will not affect 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 of Service will not constitute a waiver of that right or provision.

These Terms of Service, together with any policies or operating rules posted by us on our website, constitute the entire agreement between you and BrushCleaner regarding your use of our Services.

These Terms supersede any prior or contemporaneous agreements, communications, and proposals relating to the Services.

Any ambiguity in the interpretation of these Terms will not automatically be interpreted against the party that drafted them.

SECTION 21 - ASSIGNMENT

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

Any unauthorized attempt to do so may be considered void.

BrushCleaner may transfer, assign, or delegate these Terms and its rights and obligations without your consent where permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services will be governed by and interpreted in accordance with the laws applicable in the jurisdiction where BrushCleaner is headquartered, without regard to conflict-of-law principles.

You and BrushCleaner consent to the jurisdiction and venue of the applicable courts in that jurisdiction, where permitted by law.

SECTION 23 - HEADINGS

The headings used in these Terms of Service are included for convenience only and do not limit, interpret, or otherwise affect the meaning of any provision.

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, at our discretion and where permitted by law, 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 this page periodically for changes.

Where required by applicable law, we will provide notice of material changes to these Terms of Service.

Your continued use of or access to our Services following the posting of changes constitutes acceptance of the revised Terms of Service, to the extent permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

If you have questions, concerns, or requests regarding these Terms of Service, please contact us at:

Email: garrett.c.roberts07@gmail.com

BrushCleaner