Terms Of Use And Service

These TERMS OF USE AND SERVICE govern your (“You,” “Your”) use of Our website (silvercubanlinkchain.com), services, and all policies and additional terms posted on and in Our sites (collectively referred to as the “Website”).  Your use of the Website indicates Your acceptance of these Terms of Use and Service and Your agreement to use the Website for lawful purposes only and to comply with all terms of this Agreement when accessing or using the Website.  If You do not wish to accept these Terms of Use and Service, please do not use the Website. 

1. Overview.  The Website is owned and operated by Shopaveli LLC (“We,” “Our,” “Us”).  We reserve the right to change these Terms of Use and Service from time to time at Our discretion without notice. It is Your responsibility to be aware of any changes.  Your continued use of the Website constitutes Your acceptance of any changes to these Terms of Use and Service. 
2. About Us.  The Website provides listings of Goods that may be purchased by You.
3. Privacy Policy.  We request that You review Our Privacy Policy so that You understand what information We collect and how that information may be used.  The Privacy Policy is located on Our Website. 
4. Content.  The content located on the Website (the “Content”) is the property of Us or Our licensors.  This includes specifically all the Goods that are being sold on the Website. The Content is protected by copyright, trademark, and/or other intellectual property laws where applicable.  We strive to keep all Content updated, but We make no warranties or representations regarding the availability of the Website and the accuracy of said Content, including the availability of any Goods.  We reserve the right to change or update all Content and to correct errors, inaccuracies, or omissions at any time without prior notice.
5. Taxes.  If any Goods, or payments for any Goods, under the Terms are subject to any sales or use tax, or any other tax measured by sales proceeds that We are legally allowed to pass to You (collectively, “Taxes”), in any jurisdiction and You have not remitted the applicable Sales Tax to Us, You will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority and You will indemnify Us for any liability or expense we may incur in connection with such Sales Taxes.  You will provide Us with evidence that You have paid all applicable taxes, upon request by Us.  Sales Taxes also include any functional equivalents of a sales tax where the jurisdiction does not otherwise impose a sales tax.
6. Limitations on Usage.  You may not use the Website or Content in any way whatsoever that would cause infringement to the rights of any person or entity.
7. Registration.  In order to purchase any Goods on the Website, You must register.  As part of the registration application, You must supply personal information, including, but not limited to: name, email address, phone number, shipping address and information, and payment information.  You will be required to maintain a password for Your access to the Website.  You are responsible for all activity conducted under You account.  It is Your responsibility to maintain confidently of Your accounting information and Your login information, including Your password. 
8. Refunds.  Payments made to Us for Goods are subject to refund in accordance with Our Return and Exchange Policy.
9. Discounts and Promo Codes.  We may create certain discounts and/or promotional codes from time to time (the “Promo Codes”).  These Promo Codes may only be used once per person and are subject to any additional terms and conditions that may be contained in each Promo Code.  These promo codes may be disabled at any time for any reason by Us.  Promo Codes are not valid for cash, may expire prior to Your use, may not be duplicated, sold, or other transferred, must be used in a lawful manner for the intended purpose, and not made available by You to the general public (i.e., posting in a public form). 
10. Payment.  In order to purchase any Goods on Our Website, You much provide a valid credit card (MasterCard, Visa, or any other credit card that is accepted by Us) (each a “Credit Card Company”).  Your agreement with Your Credit Card Company governs Your use of Your credit card.  You should refer to that agreement to determine Your rights and liabilities relating to Your usage of Your credit card.  By using Your credit card on Our Website to purchase Goods, You are authorizing Us to immediately charge Your credit card for all fees associated with Your purchase.  You also authorize Us to refund to Your credit card any fees and charges owed, as the case may be.  You agree to update Your billing address as appropriate. 
11. Third Party Payment Services Providers.  The Website is hosted by WooCommerce. (“WooCommerce”), which is an online e-commerce platform.  We use third party service providers for payment services.  By using Our Website, You agree to be bound by the terms of use of these third party services, and You consent to Us sharing any of Your information, including payment information, to these third parties in order to complete the payment transactions in accordance with these Terms of Use and Service. 
12. Feedback.  You may submit feedback to Us regarding Our Website, Goods, etc.  We have no obligation relating to any feedback, including ideas and/or suggestions, that You may submit to Us.  By submitting feedback to Us, You are granting Us a fully paid, royalty-free, perpetual, irrevocable, non-exclusive, fully transferrable, and fully sublicensable worldwide right and license to use, display, modify, create derivative works of, and commercially or non-commercially exploit in any manner whatsoever the feedback.  You represent and warrant that You have the right to submit any feedback to Us.
13. Age Limitation.  In order to register on Our Website and purchase Goods, You must be at least thirteen (13) years of age (or such other minimum age of requirement as may be applicable in Your jurisdiction) and not otherwise located in a location or jurisdiction where Our Website is not allowed. You are responsible for all activities that occur under Your account.  The Website is not directed towards children under thirteen (13) years of age, and the Website does not knowingly collect information from children under thirteen (13) years of age.  Due to this age requirement, no information obtained by Us pertaining to Your use of the Website is subject to the Children’s Online Privacy Protection Act (COPPA).
14. LIMITATION OF LIABILITY. IN NO EVENT SHALL WE, OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST DATA, LOST REVENUE, LOSS OF GOODWILL, OR ANY OTHER DAMAGE ARISING FROM, DIRECTLY OR INDIRECTLY: YOUR USE OF THE WEBSITE; THE CONTENT; THE UNAVAILABILITY OF THE WEBSITE OR GOODS; DAMAGE TO THE GOODS; INACCURATE LISTINGS; DELAYS IN SHIPPING OF THE GOODS; ACTIONS TAKEN BY THIRD-PARTIES; THE GOODS; AND/OR THESE TERMS OF USE AND SERVICE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. WARRANTIES AND DISCLAIMERS. YOU AGREE THAT YOUR USE OF THE WEBSITE, RELIANCE ON THE CONTENT, AND YOUR USE OF THE GOODS IS DONE AT YOUR SOLE RISK. THE GOODS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HEREBY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES RELATING TO THESE TERMS OF USE AND SERVICE, THE WEBSITE, THE CONTENT, THE GOODS, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY, COMPLETENESS, VALIDITY, TIMELINESS, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY OTHER WARRANTIES IN CONNECTION WITH YOUR USE OF THE WEBSITE AND THE GOODS. IMAGES CONTAINED ON THE WEBSITE ARE ILLUSTRATIVE AND MAY NOT BE ACCURATE.
16. Indemnification.  You shall indemnify and hold Us and Our officers, directors, employees, and agents harmless for any losses, claims, damages, liabilities, awards, demands, penalties, or injuries, including reasonable attorney fees, from any claim or demand by any third party, relating to or arising from Your use of the Website, the Goods, any alleged breach by You of these Terms of Use and Service, and/or Your breach of any law or the rights of a third-party.
17. Release.  You release Us and Our officers, directors, employees, and agents from claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is directly or indirectly related to, or arises from, Your use of Our Website, Goods, Content, and/or any other information and material belonging to Us. 
18. Release for California Residents.  California residents waive CA Civ Code § 1542 (2023), which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
19. Compliance with Regulations.  You shall not directly or indirectly export or re-export (including by transmission) any regulated Goods to any State, country, territory, or otherwise to which such Goods are restricted by U.S. regulation or statute, without the prior written consent, if required, of the appropriate federal or State departments that may control the Goods. 
20. Severability.  If any term of these Terms of Use and Service is to any extent illegal, otherwise void, invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability and to the extent permitted and possible, shall be deemed replaced by a valid and enforceable term that comes closest to expressing the intention of such invalid or unenforceable term. All other terms of this Agreement shall remain in full force and effect.
21. Governing Law.  You and We each agree that these Terms of Use and Service are to be interpreted, construed, bound, and governed in accordance with and by the laws of the State of Florida, without reference to is principles of conflicts of laws that would require application of the substantive laws of any other jurisdiction. You and We further irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of Florida and agrees that any dispute, action, motion, proceeding, or recourse brought that relates in any way to or arise out of these Terms of Use and Service (and any previous versions), the Website, the Content, any action taken by Us or Our agents, or the Goods offered, sold, or purchased through Our Website, shall be brought only before the courts of Florida.
22. Arbitration. You and We each agree that any controversy or claim that relates in any way to or arise out of these Terms of Use and Service (and any previous versions), the Website, the Content, any action taken by Us or Our agents, or the Goods offered, sold, or purchased through Our Website shall be determined by arbitration in accordance with the American Arbitration Association. The place of arbitration shall be Bernalillo County, New Mexico.  The decision and award of the arbitrator hereunder may be entered in a court of competent jurisdiction. Issues of arbitrability shall be determined in accordance with the federal substantive and procedural laws relating to arbitration.  The requirement for arbitration set forth herein shall not be deemed a waiver of any right of termination under these Terms of Use and Service, and an arbitrator is not empowered to act or make any award other than based solely on the rights and obligations of the Parties prior to any such termination and as a result thereof. The arbitrator shall not have authority to award punitive or other damages in excess of compensatory damages and You and We irrevocably waive any claim thereto. The exclusive dispute resolution procedure provided herein shall not be applicable to requests for equitable relief, and requests by either You or We to a court for interim measures or equitable relief shall not be deemed a waiver of the obligation to arbitrate. Except to the extent required by law, You and We, Yours and Ours representatives, other participants, and the arbitrator shall hold the existence, content, and results of the arbitration in confidence.
23. Electronic Communications.  You consent to receive communications from Us vie e-mail, or other appropriate electronic means, and You agree that these Terms of Use and Service and any other agreements, notices, communications, etc. that We provide to You electronically are legally binding, and shall have the same effect if it were in writing.
24. Third-Party Sites. The Website may contain hyperlinks to third-party websites, all of which are provided solely for Your convenience. We do not necessarily endorse the content contained on the third-party websites, and We make no representations or warranties whatsoever relating to these third-party websites and any information contained there. You are encouraged to use caution when following any hyperlinks that take You away from the Website. Any third-party websites are governed by their own policies and terms of use. If You do visit any third-party websites, You are encouraged to view those policies and terms of use.
25. Force Majeure.  We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond Our reasonable control.
26. No Business Relationship.  There is no joint venture, partnership, employment, or agency relationship created between You and Us as a result of this Agreement, Your use of the Website, and/or the Goods.
27. Copyright Complaints.  If You believe that any Content on the Website constitutes copyright infringement, please provide Us, via email to [email protected], the following information:
    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    • A description of the copyrighted work that You claim has been infringed upon;
    • A description of where the material that You claim is infringing is located on the Website with identifying information for the listing, if applicable;
    • Your address, telephone number, and email address;
    • A statement by You that You have a good faith belief that the disputed use us not authorized by the copyright owner, its agent, or the law; and
    • A statement by You, made under penalty of perjury, that the above information in You notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
28. Contact Information.  Should You have any questions or concerns about these Terms of Use and Service or the Website, please email Us at [email protected]. 
29. Waiver.  Any waiver of failure by Us to enforce any provisions contained in these Terms of Use and Service shall not be deemed a waiver of that, or any other, provisional on any other occasion. 
30. Privacy.  We will use Your information in accordance with Our Privacy Policy, located at https://silvercubanlinkchain.com/privacy-policy/.
31. Changes.  We reserve the right at any time to change Our prices, billing methods, policies, etc.  We may provide notice via email and/or by posting on Our Website.