Terms of service
OVERVIEW
Welcome to Merk Performance LLC! The terms “we”, “us” and “our” refer to Merk Performance LLC. Merk Performance LLC 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”). Merk Performance LLC 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 activity 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 accurate descriptions of our products and services. However, colors and appearances may vary depending on your device and settings.
We do not warrant that the appearance or quality of any products or services will meet your expectations or appear exactly as depicted.
All product descriptions and product availability 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 offered to any person, geographic region or jurisdiction.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Merk Performance LLC reserves the right to accept or decline any order at our discretion. Your order is not accepted until we confirm acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as Merk Performance LLC 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, billing address, or phone number provided at the time of purchase.
Your purchases are subject to return solely in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export without our prior written permission.
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 set out in your confirmation email.
Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs or import fees.
You agree to provide current, complete and accurate purchase and payment information for all purchases. You agree to promptly update your account information so that we can complete your transactions as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are authorized to use the card, (iii) charges will be honored, and (iv) you will pay charges at the posted prices, including all applicable taxes and shipping costs.
SECTION 5 - SHIPPING AND DELIVERY
All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you.
SECTION 6 - INTELLECTUAL PROPERTY
All trademarks, branding, text, images, graphics, video, audio, designs, and other materials used in the Services are owned by Merk Performance LLC or our licensors and are protected by intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, display, perform, publish, or otherwise exploit any content on the Services without our prior written consent.
All rights not expressly granted are reserved.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to third-party tools that we do not control. We provide access to such tools “as is” and “as available” without warranties of any kind. Your use of optional tools is entirely at your own risk.
Future new features or tools shall also be subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to third-party websites or materials. We are not responsible for examining or evaluating the content or accuracy of third-party sites. Accessing third-party sites is at your own risk.
We are not liable for any harm or damages arising from your use of third-party websites or services.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Merk Performance LLC is powered by Shopify. However, any sales made in our store are made directly between you and Merk Performance LLC. Shopify is not responsible for any aspect of purchases or transactions between you and us. You expressly release Shopify from all claims arising from your purchases.
SECTION 10 - PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy and Shopify’s Privacy Policy. By using the Services, you acknowledge that you have reviewed both.
Because the Services are hosted by Shopify, your information may be transmitted to and stored by Shopify and its service providers, which may be located outside the United States.
SECTION 11 - FEEDBACK
If you submit any ideas, suggestions, reviews, proposals, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use such Feedback for any purpose.
You represent that you own or have rights to such Feedback and that it complies with all laws and these Terms.
We may remove or monitor Feedback at our sole discretion.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information in the Services that contains errors or inaccuracies relating to product descriptions, pricing, shipping charges, availability, or promotions. We reserve the right to correct and update such information at any time without notice.
SECTION 13 - PROHIBITED USES
You may not use the Services for unlawful purposes or engage in conduct that harms Merk Performance LLC, Shopify, or users of the Services. Prohibited actions include, but are not limited to, fraud, harassment, impersonation, spreading malware, scraping, or attempting to bypass security protections.
We reserve the right to suspend or terminate your access for violating these Terms.
SECTION 14 - TERMINATION
We may terminate or suspend access to the Services at any time, without notice. You remain liable for all amounts due up to the date of termination.
Sections that reasonably should survive termination shall survive, including Intellectual Property, Feedback, Limitation of Liability, Indemnification, and Governing Law.
SECTION 15 - DISCLAIMER OF WARRANTIES
Except as expressly stated by Merk Performance LLC, the Services and all products offered are provided “as is” and “as available” without warranties of any kind, express or implied.
We do not guarantee uninterrupted or error-free service.
SECTION 16 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, Merk Performance LLC and its officers, employees, affiliates, agents, contractors, service providers, and licensors shall not be liable for any direct, indirect, incidental, punitive, or consequential damages arising from your use of the Services or products purchased.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Merk Performance LLC and Shopify from any claims or damages arising out of your breach of these Terms or your use of the Services.
SECTION 18 - SEVERABILITY
If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Merk Performance LLC regarding use of the Services.
SECTION 20 - ASSIGNMENT
You may not assign these Terms without our written consent. We may assign our rights at any time.
SECTION 21 - GOVERNING LAW
These Terms shall be governed by the laws of the State of Hawaii. You consent to jurisdiction and venue in Hawaii courts.
SECTION 22 - HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 23 - CHANGES TO TERMS OF SERVICE
We reserve the right to update or modify these Terms at any time. Your continued use of the Services constitutes acceptance of any changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at: support@merkperformance.com