Terms of Service

1.0

Introduction

So, this conversation may be a bit heavier than our typical banter, but we hope you understand. These darn legalese right?

Oh boy, so where do we start?

Well,

This website is operated by Segern, LLC (Segern). Throughout the site, the terms “we”, “us” and “our” refer to Segern. The terms "Service" and "Services" refer to any and all services, resources, products, and offers provided by Segern. Segern offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

‍

Okay, and what are these terms, conditions, policies and notices you speak of?

So,

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

‍

Sounds, serious. What do I need to do?

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

‍

That seems reasonable, but what if you change something in these terms?

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.

Also, we reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

One more thing, our website is hosted on Webflow, Inc. They provide us with the online hosting and e-commerce platform that allows us to sell our products and services to you.

‍

‍

‍

1.1

Online Store Terms

You weren't kidding this is a heavy conversation. So, let's say I agree, then what?

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, or that you are 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 this site.

‍

Are there more things that I'm agreeing to?

Yes,

You are also acknowledging and agreeing that you may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.

‍

Are there any consequences if I, um, break this agreement? I won't, just asking.

A breach or violation of these Terms will result in an immediate termination of your Services.

‍

‍

‍

1.2

General Conditions

Whoa, this is a serious matter. So, what else do I need to know?

Yes there is,

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

If you use our iOS applications that support iCloud Sync, you acknowledge and agree that some of your data may be stored in Apple's iCloud to enable synchronization across your devices. This data is subject to Apple's terms of service and privacy policy.

‍

That seems standard enough. What else?

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 express written permission by us.

‍

Honestly, I'm learning a lot. For example, I should probably read theses more haha. Okay, let's keep going.

Oh, before we forget,

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

‍

‍

‍

1.3

Accuracy, Completeness, and Timeliness of Information.

That makes sense, so far all is good. Let's keep the momentum. What else should I be aware of?

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

We may use artificial intelligence services, including language models from OpenAI and Anthropic, to enhance our services and provide more accurate and relevant information. You acknowledge that while we strive for accuracy, the use of these AI models may occasionally result in imperfect or incomplete information.

‍

Of course, diligence is important. Tell me more.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

‍

‍

‍

1.4

Modifications To The Service and Prices

So, quick question are there any Terms regarding changes to products or services?

Great question. Prices for our Services are subject to change without notice.

In addition, we reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

‍

‍

‍

1.5

Products or Services

IF APPLICABLE

‍

Okay, well that seems quite standard as well, i think. Are there any other products and services?

Yes, so, certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy as outlined in our Commerce Statement.

What about, let's say, incorrect information like sizes, images and things like that?

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

Fair enough, we're all human right. Please keep going.

Exactly.

Something else is that we reserve the right, but are not obligated, to limit the sales of our products, services or the Service to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any offering at any time. Any offer for any product or service made on this site is void where prohibited.

‍

Oh, oh, what about quality, um, like quality control or whatever it's called?

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

‍

‍

‍

1.6

Accuracy of Billing and Account Information

I like that this all seems fair so far. Digging it, let's continue. Are there any Terms around billing and stuff?

Yes, sure are.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Cool, cool, and is there anything I should know as for my side of things?

Indeed.

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

For more detail, please review our Returns Policy as outlined in our Commerce Statement.

View Commerce Statement

‍

‍

‍

1.7

Optional Tools

Sounds good. So, what's next.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.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 any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

In addition, 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 tools are provided by the relevant third-party provider(s).

‍

Good tools make life easier, so this is cool. Any other tool related information you can tell me now?

Yes, due to our business constant evolution, we may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

‍

‍

‍

1.8

Third-party Links and Services

Changes are a part of life, I get it. So, do you all use affiliates link or link to other websites?

Again with the great questions. We do, let us explain.

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may be affiliate links that we may collect a commission on (this does not impact what you pay). Third-party links may also direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

Okay, and what about third-party services?

Well, our services may utilize third-party services such as "Activepieces", "Acumbamail", "Anthropic", "Apple", "Butter", "Flowplayer", "Formaloo", “Formly", "Formspark", "Google" "Gumlet", "Heartbeat", “Helpcrunch”, "Hubalz", "InsertChat", "LateNode", "Lemon Squeezy", "Linke", "Linko", "LogSnag", “MailerCloud”, "Make"' “Noysi", "OpenAI", "Pabbly", “PayPal”, "Plutio", "Printful", "Pushover", “Sellix", “Simplymeet”, “Stripe”, "SupaHub", "SuperOkay", “Switchy”, "Trafft", "UserMetric“, "Viqeo", "Webflow”, and "Zapier" to provide additional features and services, improves user experience, and operate our products and services.

Our services may utilize artificial intelligence providers, such as OpenAI and Anthropic. When using these services:

• Some of your data may be sent to these providers for processing.
• This data is not viewable by the employees of these providers.
• The data may be stored on their servers for a limited time (approximately 30 days or longer).
• The AI models are not trained on the specific user data we send.
• By using our services, you consent to this use of your data.

‍

Okay, services and links are everywhere, but this clarity is great. Thanks.

You're welcome. There is something else to this.

‍

Okay, what's that?

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

‍

‍

‍

1.9

User Comments, Feedback and Other Submissions

That's definitely fair, don't want to blame you for others wrong doing. So, what else do you have for me today?

Well let's cover the submission of comments, feedback, and other types of submissions.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

‍

So, what about as my granny calls them "dirt speak", type of submissions or comments?

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

‍

As a user, what does this mean for me?

It means you agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

‍

‍

1.10

Personal Information

So far you've covered comments, feedback, and other types of submissions by users, but what about personal information?

Your submission of personal information through the website and store is governed by our Privacy Statement.

For more detail, please review our Privacy Statement.

‍

‍

‍

1.11

Errors, Inaccuracies and Omissions

Okay, that's good to know. I'll have to read over that next. So, what else should I know?

Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

‍

Alright, copy that. Please continue.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

‍

‍

‍

1.12

Prohibited Uses

Are there things I am not allowed to do with your website or Service?

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

‍

‍

‍

1.13

Disclaimer or Warranties; Limitation of Liability

That was a lot, do you need some H2O? Haha, just joking. Tell me more, like are there disclaimers and whatnot too?

Haha, good one. Actually, water does sound good right now one sec.

Take your time.

Okay, back. Now where were we… oh yeah, disclaimers and warranties.

So, we do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

‍

Okay, that seems cool, makes sense. Now, what does that mean for me as a user?

It means, you agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Also, in no case shall Segern, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be 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 products procured using the service, or for any other claim related in any way to your use of the service or any product, 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) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not 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.

‍

‍

‍

1.14

Indemnification

That’s all really good to know. Are there anymore important facts that I should know?

Yes there are some legalities we need to cover like Indemnification, Severability, Termination, Entire Agreement, Governing Law, and Changes to Terms of Service. That should wrap things up.

Okay, well, go ahead and lay it all out. I’ll sit back and take it all in.

Let’s start with indemnification.

You agree to indemnify, defend and hold harmless Segern and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from 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 the rights of a third-party.

‍

‍

1.15

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such 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, such determination shall not affect the validity and enforceability of any other remaining provisions.

‍

‍

‍

1.16

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 until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

‍

‍

‍

1.17

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, 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.

‍

‍

‍

1.18

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Texas.

‍

‍

‍

1.19

Changes to Terms of Service

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

We reserve the right, at our sole discretion, 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 our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

This includes, but is not limited to, changes related to the use of iCloud Sync in iOS applications and the implementation of artificial intelligence services and other third-party technologies.

‍

‍

‍

1.20

Contact Information

And finally, if you have more questions about the Terms of Service, they should be sent to us at [email protected] with the subject line Terms of Service.