Terms of service

OVERVIEW Welcome to Rogue Empire Apparel - The Movement! The terms "we", "us", and "our" refer to Rogue Empire Apparel - The Movement. Rogue Empire Apparel - The Movement operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the "Services"). Rogue Empire Apparel - The Movement is powered by Shopify, which enables us to provide the Services to you. The following 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: https://checkout.shopify.com/76715163693/policies/43104829485.html?locale=en 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 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 and billing, payment, and shipping information. You represent and warrant that all information you provide through 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 activity associated with your account. 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 the device you use to access the store and your device settings and configuration. 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 product descriptions 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 products offered 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. Rogue Empire Apparel - The Movement reserves the right to accept or decline your order for any lawful reason at its discretion. Your order is not accepted until Rogue Empire Apparel - The Movement confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Rogue Empire Apparel - The Movement may be unable to accommodate cancellation requests after an order is accepted. If we decline, modify, or cancel an order, we will attempt to notify you using the email address, billing address, or phone number provided when the order was placed. Your purchases are subject to return or exchange solely in accordance with our Refund Policy: https://checkout.shopify.com/76715163693/policies/44364693549.html?locale=en 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 shown in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.

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, including your email address and payment details, so that we can complete your 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 selected payment method, and that you will pay all charges incurred at the posted prices, including applicable shipping, handling, and taxes.

SECTION 5 - SHIPPING AND DELIVERY

All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, severe weather, service interruptions, or other events outside our reasonable control.

Customers are responsible for providing a complete and accurate shipping address. We are not responsible for delays or delivery failures caused by incorrect or incomplete address information supplied by the customer.

Once an order has been transferred to the shipping carrier, title and risk of loss pass to the customer, subject to applicable law. If your order is lost, damaged, or delivered incorrectly, contact us at support@rogueempireapparel.com so we can review the issue and assist with the available resolution.

Additional shipping terms are provided in our Shipping Policy.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including all trademarks, brands, text, displays, images, graphics, videos, audio, and the design, selection, and arrangement thereof, are owned by or licensed to Rogue Empire Apparel - The Movement and are protected by United States and international copyright, trademark, and other 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 from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.

Except as expressly provided in these Terms, nothing grants or shall be construed as granting any license or other right to you under any patent, trademark, copyright, or other intellectual property belonging to Rogue Empire Apparel - The Movement, Shopify, or any third party. Unauthorized use of the Services may violate federal, state, or international intellectual property laws. All rights not expressly granted are reserved by Rogue Empire Apparel - The Movement.

The Rogue Empire Apparel - The Movement name, logos, product and service names, designs, and slogans are trademarks of Rogue Empire Apparel - The Movement or its licensors. You must not use these trademarks without our 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 optional tools offered by third parties as part of the Services. We do not monitor these tools and have no control over or input into them.

You acknowledge and agree that access to these 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.

Any use of optional tools offered through the Services is entirely at your own risk and discretion. You should review and understand the terms under which each relevant third-party provider offers its tools before using them.

We may offer new features, tools, or resources through the Services in the future. These additions will also be considered part of the Services and will be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials, embedded functionality, and links to websites provided or operated by third parties. We are not responsible for examining or evaluating the content, accuracy, policies, or practices of third-party materials or websites.

If you leave the Services to access third-party materials or websites, you do so at your own risk. To the fullest extent permitted by law, 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 them.

Please carefully review the policies and practices of any third party before engaging in a transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Rogue Empire Apparel - The Movement is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases made through our store are made directly with Rogue Empire Apparel - The Movement.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of a sale between you and Rogue Empire Apparel - The Movement, including any injury, damage, or loss resulting from products or services purchased through our store.

To the fullest extent permitted by law, you expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with Rogue Empire Apparel - The Movement.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, available at:

https://checkout.shopify.com/76715163693/policies/43104829485.html?locale=en

Certain personal information may also be subject to Shopify’s Consumer Privacy Policy, available at:

https://privacy.shopify.com

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

Because the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services to provide, protect, and improve the Services. Information submitted through the Services may be transmitted to and shared with Shopify and other service providers, including providers located outside the country where you reside, as described in the applicable privacy policies.

Please review our Privacy Policy for more information about how Rogue Empire Apparel - The Movement, Shopify, and our service providers collect, use, and protect 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 Rogue Empire Apparel - The Movement a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback in any medium for any lawful purpose, including commercial use. We may use Feedback to operate, evaluate, enhance, improve, and promote the Services and to perform our obligations and exercise our rights under these Terms of Service. You represent and warrant that: (a) you own or have all necessary rights to the Feedback; (b) you have disclosed any compensation or incentives received in connection with submitting the Feedback; and (c) 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 is unlawful, offensive, threatening, defamatory, obscene, objectionable, or in violation of another party’s intellectual property rights or these Terms of Service. Your Feedback must not violate the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any third party. Feedback must not contain unlawful, abusive, or obscene material or any virus, malware, or other harmful code that could affect the operation of the Services or any related website. You may not use a false email address, impersonate another person, or mislead us or any third party about the origin of Feedback. You are solely responsible for the Feedback you submit and its accuracy. To the fullest extent permitted by law, we assume no responsibility or liability for Feedback submitted by you or any third party. SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS The Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or product availability. We reserve the right to correct errors, inaccuracies, or omissions and to change or update information at any time without prior notice. If incorrect pricing, availability, or other material information affects an order after it has been submitted, we may modify or cancel the affected order and will attempt to notify you using the contact information provided with the order. If we cancel an order after payment has been collected, we will issue a refund to the original payment method. SECTION 13 - PROHIBITED USES You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful, fraudulent, or malicious purpose; (b) to violate any international, federal, state, provincial, 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, discriminate against, or harm any person; (e) to transmit false or misleading information; (f) to upload, download, transmit, or reuse material that does not comply with these Terms; (g) to send 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 may harm Rogue Empire Apparel - The Movement, Shopify, or users of the Services or expose them to liability. You also agree not to: (a) upload or transmit viruses, malware, or other harmful code; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any unauthorized portion of the Services; (c) collect or track the personal information of others without authorization; (d) spam, phish, pharm, pretext, scrape, crawl, or use similar deceptive or automated practices; (e) use robots, spiders, scraping tools, data-extraction tools, automated devices, artificial intelligence tools, or other automated or manual means to access or extract content from the Services without our prior written permission; or (f) interfere with, bypass, or circumvent security features, 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 you have violated these Terms, subject to applicable law.
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 part of 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 and can operate without direct supervision. 14.2 No Agent may access, use, or interact with the Services unless it identifies itself and operates in strict accordance with Section 14.4. No Agent may access, use, or interact with the Services after we have requested that the Agent refrain from doing so. 14.3 We may use technical or other reasonable measures to limit whether and how an Agent accesses, uses, or interacts with the Services. 14.4 Agents must: (a) identify each HTTP or HTTPS request as originating from an Agent and disclose the Agent’s name by including “Agent/[agent name]” in the request’s user-agent string; (b) not conceal or misrepresent that access, use, or interaction originates from an Agent, including by mimicking human behavior or circumventing CAPTCHAs or other measures intended to distinguish automated activity from human activity; (c) respond truthfully to questions or prompts intended to determine whether an interaction originates from a human or a computer; and (d) not circumvent or avoid measures intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services. SECTION 15 - TERMINATION We may terminate this agreement or suspend or terminate your access to the Services, or any part of the Services, at our discretion if you violate these Terms or use the Services unlawfully. You will remain responsible for amounts properly due through the effective date of termination. The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination. SECTION 16 - DISCLAIMER OF WARRANTIES Information presented through the Services is provided for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on this information is at your own risk. EXCEPT AS EXPRESSLY STATED BY ROGUE EMPIRE APPAREL - THE MOVEMENT AND TO THE FULLEST EXTENT PERMITTED BY LAW, 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. THIS INCLUDES IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OR ALL OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. SECTION 17 - LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW, ROGUE EMPIRE APPAREL - THE MOVEMENT AND ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, AS WELL AS SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANOTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED. SECTION 18 - INDEMNIFICATION You agree to indemnify, defend, and hold harmless Rogue Empire Apparel - The Movement, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party losses, damages, liabilities, or claims, including reasonable attorneys’ fees, arising from: (a) your material breach of these Terms of Service or documents incorporated by reference; (b) your violation of applicable law or the rights of a third party; or (c) your unlawful or unauthorized access to or use of the Services. We will notify you of an indemnifiable claim. Failure to provide prompt notice will not relieve you of your obligations unless the delay materially prejudices your ability to respond. We may control the defense and settlement of the claim at your expense, including the selection of counsel, but we will not agree to a settlement that imposes non-monetary obligations on you without your consent, which shall not be unreasonably withheld. You agree to reasonably cooperate in the defense of indemnified claims, including by providing relevant information and documents. SECTION 19 - SEVERABILITY If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law. Any unenforceable portion will be 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 of Service does not constitute a waiver of that right or provision. These Terms of Service, together with policies and operating rules posted through the Services or incorporated by reference, constitute the entire agreement and understanding between you and Rogue Empire Apparel - The Movement regarding your use of the Services. These Terms supersede prior or contemporaneous agreements, communications, and proposals, whether oral or written, relating to the Services, including prior versions of these Terms of Service. Any ambiguity in these Terms shall not automatically be interpreted against the party that drafted them. SECTION 21 - ASSIGNMENT You may not delegate, transfer, or assign these Terms or any of your rights or obligations under them without our prior written consent. Any unauthorized attempt to do so is void. We may transfer or assign these Terms and our rights and obligations as part of a merger, acquisition, reorganization, sale of assets, or similar business transaction, or as otherwise permitted by applicable law. SECTION 22 - GOVERNING LAW These Terms of Service and any separate agreements through which we provide the Services are governed by and construed in accordance with the laws of the State of Connecticut and applicable federal laws of the United States, without regard to conflict-of-law principles. Subject to applicable consumer-protection laws, you and Rogue Empire Apparel - The Movement consent to the personal jurisdiction and venue of the state and federal courts located in Connecticut. SECTION 23 - HEADINGS The headings used in these Terms are included for convenience only and do not limit or otherwise affect the meaning or interpretation of any provision. SECTION 24 - CHANGES TO TERMS OF SERVICE You can review the most current version of these Terms of Service on this page. We reserve the right to update, change, or replace any part of these Terms by posting an updated version through the Services. When required by applicable law, we will provide notice of material changes. Changes will take effect on the date stated in the notice or, if no date is stated, when the updated Terms are posted. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms, subject to applicable law. SECTION 25 - CONTACT INFORMATION Questions about these Terms of Service should be sent to: Rogue Empire Apparel - The Movement support@rogueempireapparel.com