Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to PrimeNest! The terms “we,” “us,” and “our” refer to PrimeNest. PrimeNest 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”). PrimeNest is powered by Shopify, which enables us to provide you with the Services.

The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover topics such as warranties, 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 [LINK]. If you do not agree to these Terms of Service or our Privacy Policy, you must not access or use 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 required to provide certain information, such as your email address, billing information, payment information, and shipping address. You represent and warrant that all information you provide in our store 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 occurring under 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 display our products and services as accurately as possible in our online store. However, please note that product colors and appearance may differ from how they appear on your screen due to the type of device you use to access the store and its settings.

We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or match the way they are displayed or presented in our online store.

All product descriptions may be changed at any time without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products 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. PrimeNest reserves the right to accept or reject your order for any reason, at our sole discretion. Your order will not be considered accepted until PrimeNest confirms its acceptance. We must receive and process your payment before accepting your order.

You should carefully review your order before completing your purchase, as PrimeNest 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 attempt to notify you by contacting you through the email address, billing address, or phone number you provided when placing the order.

You may return or exchange your purchase only in accordance with our Refund Policy [LINK].

You represent and warrant that your purchase is for 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 at the time the order is placed and will be indicated in the order confirmation email sent to you.

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

Prices listed in our online store may differ from prices offered in physical stores, other online stores, or stores operated by third parties.

From time to time, we may offer promotions through the Services that affect pricing and are governed by terms and conditions different from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion's terms will prevail.

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

You represent and warrant that (i) the credit card information you provide is true, accurate, and complete; (ii) you are duly authorized to use the credit card for the purchase; (iii) charges incurred will be honored by your credit card company; and (iv) you will pay all charges incurred at the posted prices, including shipping and handling fees and all applicable taxes, if any.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs processing, or events beyond our control.

The allocation of risk of loss during shipment will be governed by applicable law and the terms applicable to your order.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, samples, images, graphics, product reviews, videos, audio, and the design, selection, and arrangement of such materials, are owned by PrimeNest, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any materials from the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants you any license or other rights under any patent, trademark, copyright, or other intellectual property rights of PrimeNest, Shopify, or any third party.

Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by PrimeNest.

The names, logos, product and service names, designs, and slogans of PrimeNest are trademarks of PrimeNest or its affiliates or licensors. You may not use these trademarks without PrimeNest's 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 in the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools as part of the Services, which we do not monitor, control, or influence.

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 will have no liability arising from or relating to your use of optional third-party tools.

Any use of optional tools offered through the website is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms under which the tools are provided by the relevant third-party providers.

We may also introduce new features through the Services in the future, including new tools and resources. Such features 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 and hyperlinks to websites provided or operated by third parties, including third-party embedded functionality. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites that you choose to access.

If you leave the Services to access third-party materials or websites, you do so at your own risk.

We will not be liable for any damage or harm related to your access to third-party websites or your purchase or use of any products, services, resources, or content on third-party websites.

Please carefully review the third party's policies and practices and make sure you understand them before entering into any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

PrimeNest is powered by Shopify, which enables us to provide you with the Services. However, any sale or purchase you make through our store is conducted directly with PrimeNest.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and PrimeNest, including any injury, damage, or loss resulting from the purchase of products or services.

You expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchases and transactions with PrimeNest.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK]. Certain personal information may also be subject to Shopify's Privacy Policy, available here.

By using the Services, you acknowledge that you have read our Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve our Services.

Information you submit through the Services will be transmitted to and shared with Shopify, as well as third parties that may be located in countries other than your country of residence, for the purpose of providing the Services.

Please review our Privacy Policy [LINK] for more information about how PrimeNest, Shopify, and our partners use your personal information.

SECTION 11 – COMMENTS

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Comments”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Comments in any medium for any purpose, including commercial purposes.

For example, we may use our rights under this license to operate, provide, evaluate, improve, optimize, and promote the Services and to fulfill our obligations and exercise our rights under these Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to the Comments; (ii) you have disclosed any compensation or incentives received in connection with submitting your Comments; and (iii) your Comments comply with these Terms.

We have no obligation to (1) maintain the confidentiality of your Comments; (2) pay compensation for your Comments; or (3) respond to your Comments.

We may, but are not obligated to, monitor, edit, or remove Comments that we determine, at our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable, or in violation of any party's intellectual property rights or these Terms of Service.

You agree that your Comments will not violate any third-party rights, including copyrights, trademarks, privacy rights, personality rights, or other personal or proprietary rights.

You further agree that your Comments will not contain defamatory or otherwise unlawful, abusive, or obscene material, nor any computer virus or other malware that could affect the operation of the Services or any related website.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties regarding the origin of any Comments.

You are solely responsible for any Comments you make and their accuracy. We assume no responsibility or liability for Comments posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on or within the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, or availability.

We reserve the right to correct any 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 your order.

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 or malicious purpose;

(b) To violate any international, federal, state, provincial, or local law, regulation, rule, or ordinance;

(d) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or injure our employees or any other person;

(e) To submit false or misleading information;

(f) To upload, download, use, or reuse any material that does not comply with these Terms;

(g) To transmit or facilitate the transmission of 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 any other conduct that restricts or inhibits anyone's use or enjoyment of the Services or that, in our judgment, may harm PrimeNest, Shopify, or users of the Services, or expose them to liability.

You also agree not to:

(a) Upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services;

(b) Reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services;

(d) Spam, phish, pharm, or pretext through the Services;

(e) Use any robot, spider, scraping tool, data collection or extraction tool, automated device or process, artificial intelligence tool, or manual means to access the Services; or

(f) Interfere with, circumvent, or bypass security or authorization features, robot exclusion headers, or other measures we use to restrict access to the Services.

We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 – AGENTS

14.1 This section (“Agent Terms”) applies if you use, permit, enable, or cause an Agent to access, use, or interact with any Service.

“Agent” means any software or service that performs autonomous or semi-autonomous actions on behalf of or at the direction of any person or entity and that may operate on behalf of or using the person's device without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless it identifies itself at all times and operates in strict compliance with the requirements of Section 14.4 below.

Additionally, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any Service.

14.3 We may restrict, including through technical measures, how any Agent accesses, uses, or interacts with the Services.

14.4 Agents must:

(i) Identify themselves as Agents in every HTTP/HTTPS request and disclose the Agent's name by including the following in the request's User-Agent string: “Agent/[agent name]”;

(ii) Not conceal or misrepresent that access, use, or interaction is coming from an Agent, including by imitating human behavior or interaction patterns or by completing or bypassing CAPTCHAs or other measures intended to distinguish computer use from human use;

(iii) Truthfully respond to any question or instruction intended to determine whether interactions are coming from a human or a computer; and

(iv) Not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether or how Agents access, use, or interact with the Services.

SECTION 15 – TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, at our sole discretion at any time without notice. You will remain responsible for all amounts due up to and including the date of termination.

The following sections will continue to apply after any termination: Intellectual Property, Comments, 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

The information presented on or through the Services is provided for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

We disclaim all liability arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of their contents.

UNLESS EXPRESSLY STATED OTHERWISE BY PRIMENEST, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT, REPRESENT, OR 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 IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PRIMENEST, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND.

THIS INCLUDES, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCT PURCHASED THROUGH THE SERVICES, OR FROM ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT.

THIS INCLUDES, BUT IS 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 SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless PrimeNest, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any loss, damage, liability, or claim, including reasonable attorneys' fees, payable to any third party arising from or related to:

(1) Your breach of these Terms of Service or the documents incorporated by reference;

(2) Your violation of any law or the rights of a third party; or

(3) Your access to and use of the Services.

We will notify you of any claim subject to indemnification, provided that failure to notify you promptly will not release you from your obligations unless you suffer material prejudice as a result.

We may control the defense and settlement of such a claim at your expense, including the selection of counsel, but we will not settle any claim that imposes non-monetary obligations on you without your consent, which will not be unreasonably withheld.

You agree to cooperate in the defense of indemnifiable claims, including by providing relevant documents.

SECTION 19 – SEVERABILITY

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

Such a determination will not affect the validity and enforceability of any other 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 and any policies or operating rules posted by us on this website or relating to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any previous versions of the Terms of Service.

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

SECTION 21 – ASSIGNMENT

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

We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notification.

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreements under which we provide you with Services will be governed by and construed in accordance with the laws applicable in the jurisdiction where PrimeNest is based.

You and PrimeNest agree to submit to the jurisdiction and personal jurisdiction of the federal and state or territorial courts located in that jurisdiction.

SECTION 23 – HEADINGS

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

SECTION 24 – CHANGES TO THE TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on 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 on our website.

It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice.

Your continued use of or access to the Services after any changes to these Terms of Service have been posted constitutes acceptance of those changes.