Terms of Service

OVERVIEW

Welcome to the Paul Garrett Company website - www.paulgarrettcompany.com (this "Website"). Please review these Terms of Service ("Terms”) before using the Website.

These Terms apply to all users of the Website, including without limitation users who are visitors, browsers, vendors, customers, merchants, and/or contributors of content (“you” or “your”). Your use of the Website constitutes your agreement to follow and be bound by these Terms, in full.

BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OR ACCESS THE WEBSITE.

This Website is operated by PAUL GARRETT COMPANY, LLC, a Texas Limited Liability Company. Throughout the Website, the terms “we”, “us”, “our”, and “Paul Garrett Company” refer to PAUL GARRETT COMPANY, LLC. Paul Garrett Company offers this Website, including all information, tools, apparel, merchandise, products, and services available from this Website to you conditioned upon your acceptance and agreement to be bound by all terms, conditions, policies, and notices stated here; including additional policies referenced herein.

By agreeing to these Terms, 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 use of the Website.

You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. For this reason, we encourage you to review the Terms whenever you use or access the Website. It is your responsibility to check this page for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

This Website is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products, apparel, merchandise, and other services (collectively our “products”) to you.

CONTENT PERMISSION AND RESTRICTIONS

All content published and made available on our Website is the property of Paul Garrett Company and the Website's creators. This includes, but is not limited to images, text, logos, documents, downloadable files, and anything that contributes to the composition of our Website.

Unless otherwise noted, the design of the Website, including the software, source code, text, images and all other content and materials that are part of the Website (collectively, “Content”) are copyrights, trademarks, trade dress, or other intellectual property owned, controlled, or licensed by us. The Content is intended solely for your personal and non-commercial use. No right, title, or interest in any Content is granted or transferred to you as a result of your use of the Website.

Certain parts of the Website may allow you to share Content with your friends on social media platforms. These features grant you a limited license to display the Content as directed, and you understand that you have no other right, title, or interest in or to the Content.

Except as noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Content or the Website. Your misuse of the Content is strictly prohibited and may subject you to liability under state, federal, or international law.

PRODUCT AVAILABILITY

The products sold through the Website are intended to comply with the laws and regulations of the United States of American. If you are a non-U.S. based user, be advised that other countries may have laws, regulations, or product safety requirements that are different than those in the U.S.

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. All descriptions of products or product pricing are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Product availability on our Website is not guaranteed as it may be low in stock. If product is not available by the time your order processes, we will notify you of this via e-mail. You will receive a shipping confirmation e-mail once your items have shipped. Any offer for any product or service made on this Website is void where prohibited.

ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on this Website that is inaccurate, incomplete, or out of date. All product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability displayed on the Website are subject to change at any time without notice. We will make all reasonable efforts to accurately display the attributes of our products, including the applicable colors, for your convenience. However, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. We do not warrant the accuracy or completeness of the information, content, or materials provided through the Website.

The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time. No specified update or refresh date applied on the Website should be taken to indicate that all information has been modified, corrected, or updated.

SHIPPING LIMITATIONS

When an order is placed, it will be shipped to an address designated by you if that shipping address is compliant with the shipping restrictions contained on the Website. You are responsible for contacting us regarding any claims for damaged and/or lost shipments.

CONFIRMATION OF ORDERS

While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order. We reserve the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

MODIFICATION TO PRICES

Prices for our products, apparel, merchandise, or services are subject to change without notice. We reserve the right at any time to modify or discontinue the Website (or any part or content thereof) without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Website.

PAYMENT VALIDATION

You agree to provide current, complete, and accurate payment and account information for all purchases made through this Website. You agree to promptly update your account and other information, including your email address, mailing address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you regarding your order as needed.

PRODUCT RESALE

Paul Garrett is a private label brand. To protect our intellectual property rights, any suspected resale of our products, apparel, merchandise, and other services for personal and/or business profit is strictly prohibited.

CANCELLATION OR REFUSAL OF ORDERS

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 we make a change to or cancel an order, we will 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 or otherwise possess characteristics of reselling.

USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

From time to time, we may allow users to post comments, suggestions, ideas, pictures, posts, drawings, materials, and other submissions ("User Content") on the Website. User Content is provided on a non-confidential basis and, by submitting User Content, you are granting us an irrevocable and unrestricted license to fully exploit such User Content. We shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay compensation for any User Content; or (3) to respond to any User Content.

You agree that no User Content submitted by you will violate any right of any third-party, including copyright, trademark, privacy, or other personal or proprietary rights. You further agree that no User Content submitted by you to the Website will be or 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 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 User Content. You are solely responsible for any User Content you submit.

Although User Content may be posted on the Website, the posting of those submissions does not constitute our endorsement of such User Content. We may, but have no obligation to, monitor, edit, or remove User Content that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable in violation of these Terms. We are not responsible or liable for any claim, including, without limitation, loss, or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential, or punitive damages, personal injury, or wrongful death made in connection with User Content.

CUSTOMER ACCOUNT INFORMATION AND SECURITY

Certain users may be permitted to create a Customer Account wherein personal information, such as your name, address, payment information, shipping address, order history, and other information is stored in a password protected profile. You are entirely responsible for the security and confidentiality of your password and Customer Account. Furthermore, you are entirely responsible for any and all activities that occur under your Customer Account. You agree to immediately notify us of any unauthorized use of your Customer Account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of Website.

EMAIL COMMUNICATION

By making a purchase on the Website or otherwise creating a Customer Account on the Website, you understand that we may send you communications or data regarding our products and services. You agree to receive such communications from us. Unless such email is necessary to facilitate a transaction, such as to complete a sale or provide you with information related to a purchase, we will give you the opportunity to opt-out of receiving commercial emails from us by following the opt-out instructions provided in such messages.

PERSONAL INFORMATION (PRIVACY)

We are committed to protecting the privacy of the visitors to the Website. For information on how information is collected, used, or disclosed by us in connection with your use of the Website, please consult our Privacy Policy.

THIRD-PARTY WEBSITE LINKS

The Website may include links to other websites maintained by third parties and not otherwise affiliated or under the control of Paul Garrett Company. These links are provided solely for your convenience, and the inclusion of links to third-party websites does not imply an endorsement by us of the use, content, materials, or accuracy of representations on these websites. Your access to third-party websites is at your own risk and we have no liability arising out of or related to your access to or use of such websites. Third-party websites may be governed by other terms and conditions or privacy practices. You are responsible for reviewing such third-party policies before you engage in use of third-party websites.

PROHIBITED USES

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Website 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 this Website or other websites; (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 this Website or other websites. We reserve the right to terminate your use of the Website for violating any of the prohibited uses.

TERMINATION

You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Website in the event that (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, us, or our users.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Paul Garrett Company 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 or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of the Website will be uninterrupted, timely, secure, or error-free. You understand that from time to time the Website might be offline or inaccessible for indefinite periods of time or shut down completely, without notice to you.

YOUR USE OF THE WEBSITE IS AT YOUR RISK. THE INFORMATION, MATERIALS, CONTENT, PRODUCTS, AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WITH RESPECT TO OUR PRODUCTS, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN NO CASE SHALL PAUL GARRETT COMPANY LLC, 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 THE WEBSITE OR ANY PRODUCTS PROCURED USING THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, 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 WEBSITE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, EVEN IF ADVISED OF THEIR POSSIBILITY OF SUCH DAMAGES. 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.

GOVERNING LAW, WAIVER, AND SEVERABILITY

These Terms shall be construed in accordance with the laws of the State of Texas, without regard to any conflict of law provisions. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Furthermore, any waiver of any provision of these Terms shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein. If any provision of these Terms is found to be unenforceable, void, or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.

ENTIRE AGREEMENT

These Terms and any policies or rules posted by us on the Website constitute the entire agreement and understanding between you and us and govern your use of the Website, 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 these Terms.

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

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at paulgarrettcompany@gmail.com ; or write to us at:

Paul Garrett Company, LLC

P.O. BOX 123

Main Street

Houston, TX 77095