Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Club 13! The terms "we," "us," and "our" refer to Club 13, operated by LoveLabs LLC. Club 13 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"). Club 13 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 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 information you provide 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, colors or product appearance may differ from how they appear on your screen due to your device and its settings.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to 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, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Club 13 reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Club 13 confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as Club 13 may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was placed.

Your purchases are subject to our Return and 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 when the order is placed and will be set out in your order confirmation email.

Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.

Prices posted in our online store may differ from prices offered in physical stores or other stores operated by third parties. We may offer promotions that affect pricing and are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.

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 so that we can complete transactions and contact you as needed.

You represent and warrant that the payment information you provide is true, correct, and complete, that you are authorized to use the payment method provided, and that you will pay all charges incurred at the posted prices, including applicable shipping, handling, and taxes.

SECTION 5 - SHIPPING AND DELIVERY

Delivery times displayed at checkout or otherwise communicated by Club 13 are estimates and are not guaranteed. Shipping and delivery may be affected by carrier delays, weather, service disruptions, incorrect or incomplete addresses, and other circumstances outside our control.

Club 13 is not responsible for delays caused by shipping carriers or events outside our reasonable control.

If your order arrives damaged, incorrect, or otherwise has an issue, please contact us at cheers@sipclub13.com. We want you to be happy with your order and will work with you to make it right in accordance with our Return and Refund Policy.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by Club 13, LoveLabs LLC, their affiliates or licensors and are protected by U.S. and foreign 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 from the Services without our prior written consent.

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 Club 13, LoveLabs LLC, Shopify, or any third party.

Club 13's names, logos, product and service names, designs, and slogans are trademarks of Club 13, LoveLabs LLC, or their 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 trademarks 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 control over.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties, representations, or conditions of any kind and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.

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 understand and approve of the terms on which such tools are provided.

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

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 third-party materials or websites you choose to access. If you 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 to third-party websites or your purchase or use of products, services, resources, or content offered through third-party websites. Please carefully review the third party's policies and practices before engaging in any transaction.

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

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Club 13 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 Club 13.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Club 13, 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 Club 13.

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.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about 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 and shared with Shopify and other service providers, including providers located outside the country in which you reside.

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

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit 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.

You represent and warrant that you own or have all necessary rights to your Feedback, have disclosed any compensation or incentives received in connection with its submission, and that your Feedback complies with these Terms.

We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback.

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

You agree that your Feedback will not violate any third-party right, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of Feedback.

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

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information in the Services containing 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 an order.

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, for any unlawful or malicious purpose; to violate any applicable law or regulation; to infringe upon intellectual property rights; to harass, abuse, defame, intimidate, or harm another person; to transmit false or misleading information; to transmit unsolicited advertising or promotional material; to impersonate another person or entity; or to engage in conduct that restricts another person's use or enjoyment of the Services or may expose Club 13, LoveLabs LLC, Shopify, or users of the Services to liability.

You also agree not to upload or transmit viruses or malicious code; reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; collect or track the personal information of others; spam, phish, pharm, or pretext the Services; use robots, spiders, scraping or data-extraction tools, automated devices or processes, AI tools or other automated or manual means to access the Services in violation of our restrictions; or interfere with or circumvent security or authorization features.

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

SECTION 14 - AGENTS

This section 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 action on behalf of, or at the instruction of, a person or entity.

No Agent may access, use, or interact with the Services unless it identifies itself and operates in accordance with applicable requirements and any technical restrictions we impose.

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

Agents must not conceal or obfuscate that access or interactions originate from an Agent, circumvent measures designed to distinguish automated activity from human activity, or circumvent 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 sole discretion at any time without notice. You will remain liable for all amounts due up to and including the date of termination.

Provisions that by their nature should survive termination shall continue to apply following termination, including provisions relating to intellectual property, feedback, disclaimers, limitations of liability, indemnification, severability, governing law, and privacy.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general information purposes. We do not warrant the accuracy, completeness, or usefulness of such information. Any reliance you place on such information is at your own risk.

EXCEPT AS EXPRESSLY STATED BY CLUB 13, THE SERVICES AND ALL 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, MERCHANTABLE QUALITY, 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 certain warranty disclaimers, so some of the above limitations may not apply to you.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL CLUB 13, LOVELABS LLC, 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 INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PROCURED USING THE SERVICES, TO THE FULLEST EXTENT SUCH LIMITATIONS ARE PERMITTED BY APPLICABLE LAW.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Club 13, LoveLabs LLC, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to a third party arising out of your breach of these Terms, violation of applicable law or the rights of a third party, or access to and use of the Services.

We will notify you of any indemnifiable claim. Failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such a claim at your expense, including the choice of counsel, but will not settle a claim requiring non-monetary obligations from you without your consent, not to be unreasonably withheld.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable 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 the 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 such right or provision.

These Terms and any policies or operating rules posted by us 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 relating to the Services.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer, or assign these Terms or your rights or obligations under them without our prior written consent. Any attempted assignment in violation of this provision will be null and void.

We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice, subject to applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with applicable law and the federal and state courts in the jurisdiction where Club 13 is headquartered.

You and Club 13 consent to venue and personal jurisdiction in such courts, subject to applicable law.

SECTION 23 - HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect 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, in our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website.

We will provide notice of material changes when required by applicable law. Your continued use of or access to the Services following the effective date of changes constitutes acceptance of the revised Terms.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at cheers@sipclub13.com.

Our contact information is:

Club 13
LoveLabs LLC
cheers@sipclub13.com