TOTEMISM, hereinafter referred to as "we" or "us," is a company based in California, US of A, registered under entity number C4087058. TOTEMISM.me is our website ("totemism.me," "this/the website," "this/the site"), hosted by Shopify, operated by us. We offer this website, including all content, products, and services available on it, to you, the user, hereinafter referred to as "you," conditioned upon your acceptance of all terms, conditions, and policies stated on this page and elsewhere on the site. By viewing this website and/or placing an order on it, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including any additional terms, conditions, and policies referenced herein and/or available via hyperlink. These Terms of Service apply to all users of this site, including, but not limited to, users who are browsers, customers, merchants, vendors, and our employees. The most current version of the Terms are posted here, on this webpage. We reserve the right to update, change, and/or replace any part of these Terms by posting updates, changes, and/or replacements on this page. It's your responsibility to monitor this page for changes, as your continued access to or use of this site following the posting of any updates, changes, and/or replacements constitutes your acceptance of those updates, changes, and/or replacements. GENERAL CONDITIONS (1) With the exception of payment information, your data may be transmitted unencrypted and involve transmissions over various networks and/or transformations to conform and adapt to technical requirements of connecting networks or devices. Your payment information is always encrypted during transmission over networks. (2) You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the website through which the Service is provided, without our explicit written consent. (3) We reserve the right to refuse the Service to any one, any time, for any reason. PROVIDED INFORMATION We're not liable if information we provide on this website isn't accurate, complete, or current. The information provided on this site is meant for informational purposes only and shouldn't be relied upon or used as a basis for making any decisions without additional consultation. Any historical information provided on the site is, necessarily, not current and is for your information only. Any use of information provided on the site is at your own risk. Furthermore, we reserve the right to modify the contents of the site at any time, but we are under no obligation to update, change, and/or replace any information on it. ERRONEOUS INFORMATION We're only human, so there may be information within the Service and/or on the site that contains errors, inaccuracies, or omissions. We reserve the right to correct any and all errors, inaccuracies, or omissions, and to update, change, and/or replace information or cancel orders, if any information within the Service or on this or any related website is erroneous, at any time, without notice. We are under no obligation to update, change, and/or replace information within the Service or on this or any related website, except as required by law. No specified "refresh" dates, applied within the Service or on this or any related website, should be taken to indicate that all information within the Service or on this or any related website has been updated, changed, and/or replaced. UPDATES AND CHANGES We reserve the right to update, change, replace, and/or discontinue the Service or any part thereof, at any time, without notice. Prices and availability of our products and services are subject to change at any time, without notice. We're not liable to you or to any third party for any modification, suspension, or discontinuance of the Service. PRODUCTS AND SERVICES We've made every effort to display, as accurately as possible, the images and colors of our products, and how they appear on the website. However, we can't guarantee that your monitor or device's display of any image or color is accurate. We reserve the right to update, change, and/or replace any product's description or price at any time, without notice, at our sole discretion. We reserve the right to limit the quantities of any products or services we offer. We reserve the right to discontinue any products or services at any time, without notice. We don't warrant that the quality of any products, services, or anything else purchased or obtained by you from us will meet your expectations, or that any errors within the Service will be corrected. Products purchased are subject to return or exchange only according to our Return Policy. Any offer for any product or service on this site is void where prohibited. THIRD-PARTY LINKS Certain content, products, and services available within the Service may include materials from third parties. Hyperlinks on the site may direct you to third-party websites that aren't affiliated with us. We aren't responsible for examining or evaluating their content for accuracy or anything else, and we don't warrant or have any liability for any third-party materials or websites, or for any other content, products, or services by third parties. We aren't liable for any harm or damages related to the use or purchase of content, products, services, or any other transactions made in connection with any third party or their websites. Please, review any third party's practices and policies before you engage with them. Questions, concerns, complaints, claims, regarding third-party content, products, or services should be directed to the third party, themselves. PROHIBITIVE USES In addition to other prohibitions as set forth herein these Terms of Service, you're prohibited from using this website or its content: (1) for any unlawful purpose; (2) to solicit others to perform or participate in any unlawful acts; (3) to violate any international, federal, provincial, state, county, city, or other jurisdictional laws, regulations, rules, or ordinances; (4) to infringe upon or violate our intellectual property rights or the intellectual property rights of third parties; (5) to abuse, harm, harass, insult, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, race, ethnicity, national origin, disability, or religion; (6) to submit false or misleading information; (7) to upload or transmit viruses or any other type of malicious code that may be used in any way to impair the operation or functionality of the Service or of this or any related website, other websites, or the Internet; (8) to collect or track personal information; (9) to spam, phish, pharm, pretext, spider, crawl, or scrape; (10) for any obscene or immoral purpose; or (11) to interfere with or circumvent the security features of the Service or of this or any related website, other websites, or the Internet. We reserve the right to prohibit your use of the Service or of this or any related websites for violating any of these aforementioned prohibited uses. LIMITATION OF LIABILITY We don't guarantee, warrant, or represent that your use of the Service will be secure, uninterrupted, or error-free. We don't warrant that the results that may be obtained from the use of the Service will be accurate or reliable. We may suspend or discontinue the Service for any amount of time or cancel the Service at any time, without notice. You agree that your use of, or inability to use, the Service is at your own risk. The Service and all content, products, and services delivered to you via the Service (except as expressly stated by us) are provided 'as is' and 'as available' for your use, without any guarantees, warranties, representations, or conditions of any kind, either explicit or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall TOTEMISM, our owners, officers, employees, contractors, agents, affiliates, suppliers, service providers, or licensors be held liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service or any content, products, or services obtained using the Service, or for any other claim related in any way to your use of the Service or any content, products, or services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product or service) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions don't allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. INDEMNIFICATION You agree to indemnify, defend, and hold TOTEMISM, our owners, officers, employees, contractors, agents, affiliates, suppliers, service providers, or licensors not liable against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or rights of a third party. SEVERABILITY In the event that any right or provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such right or provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining rights or provisions herein. TERMINATION The obligations and liabilities of the parties, incurred prior to the termination date, shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and/or until terminated by you or us. You may terminate these Terms of Service, at any time, by notifying us that you cease to use our Service, or when you cease using this website. If, in our sole judgment, you fail, or we suspect that you've failed, to comply with any right or provision of these Terms of Service, we may terminate this agreement at any time, without notice, and you'll remain liable for all amounts due up to and including the date of termination; and/or, accordingly, may deny you access to our Service (or any part thereof). ENTIRE AGREEMENT Our failure to exercise or enforce any right or provision within these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and/or proposals, written or oral, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. GOVERNING LAW These Terms of Service and any separate agreements, whereby we provide you content, products, or services, shall be governed by and construed in accordance with the laws of the State of California, US of A. CONTACT INFORMATION Any questions about these Terms of Service should be sent to legal@totemism.me.
