Terms of service
OVERVIEW
Welcome to PWX! The terms “PWX”, “store”, and “site” refer to this business and its online presence. PWX operates this store and website, including all related information, content, features, tools, products and services in order to provide customers with a curated shopping experience (the “Services”). PWX is powered by Shopify, which enables the Services.
The terms and conditions below, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe customer rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they include important information about legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using the Services, customers agree to be bound by these Terms of Service and the Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access the Services.
ACCESS AND ACCOUNT
To use the Services, including accessing or browsing the online store or purchasing any of the products or services offered, customers may be asked to provide certain information, such as an email address, billing details, payment method, and shipping information. Customers represent and warrant that all information provided in the store is correct, current, and complete and that they have all rights necessary to provide this information.
Customers are solely responsible for maintaining the security of their account credentials and for all account activity. Accounts may not be transferred, sold, assigned, or licensed to any other person.
OUR PRODUCTS
Every effort is made to provide an accurate representation of products and services in the online store. However, colors or product appearance may differ from how they appear on screen due to device type, displays, and settings.
PWX does not warrant that the appearance or quality of any products or services purchased will meet personal expectations or be identical to how they are depicted or rendered online.
All descriptions of products are subject to change at any time without notice at PWX’s discretion. PWX reserves 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 on a case-by-case basis.
ORDERS
When you place an order, you are making an offer to purchase. PWX reserves the right to accept or decline your order for any reason at its discretion. An order is not accepted until PWX confirms acceptance. Payment must be received and processed before an order is accepted. Please review your order carefully before submitting, as PWX may be unable to accommodate cancellation requests after an order is accepted.
Purchases are subject to return, replacement, or refund solely in accordance with the Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
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 the order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.
Prices posted in the online store may differ from prices offered in any physical stores or in other online stores operated by third parties. From time to time, promotions may be offered that affect pricing and that are governed by separate terms and conditions. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in the store, and to promptly update account and other information, including email address and payment details, so that transactions can be completed and you can be contacted as needed.
You represent and warrant that (i) any credit card or payment method information you provide is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your payment provider, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SHIPPING AND DELIVERY
Shipping and delivery timelines are estimates only and are not guaranteed. PWX is not responsible for delays caused by shipping carriers, customs processing, or events outside of PWX’s control. Once products are transferred to the carrier, title and risk of loss pass to you.
Details on shipping methods, destinations, and responsibilities are further described in the Shipping Policy.
INTELLECTUAL PROPERTY
The Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by PWX, its affiliates, licensors, or Shopify, and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights under any patent, trademark, copyright, or other intellectual property of PWX, Shopify, or any third party.
PWX names, logos, product and service names, designs, and slogans are trademarks of PWX or its affiliates or licensors. You must not use such trademarks without 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 on the Services are the trademarks of their respective owners.
OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services. These tools are operated by third parties, and PWX does not monitor or control them.
Access to such tools is provided “as is” and “as available” without any warranties, representations, or conditions of any kind and without endorsement. PWX shall have no liability arising from or relating to your use of optional third-party tools.
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 the terms on which tools are provided by the relevant third-party provider(s). Any new features through the Services (including the release of new tools and resources) are also deemed part of the Services and are subject to these Terms of Service.
THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). PWX is not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.
PWX is not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
RELATIONSHIP WITH SHOPIFY
PWX is powered by Shopify, which enables the Services. However, any sales and purchases you make in the store are made directly with PWX. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and PWX, including any injury, damage, or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with PWX.
PRIVACY POLICY
All personal information collected through the Services is subject to the PWX Privacy Policy, and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed on Shopify’s website.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review the PWX Privacy Policy for more details on how PWX, Shopify, and partners use personal information.
FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant PWX a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use.
You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. PWX is under no obligation to maintain Feedback in confidence, to pay compensation for Feedback, or to respond to Feedback.
PWX may, but has no obligation to, monitor, edit, or remove Feedback determined in its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. PWX reserves 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).
PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:
(a) for any unlawful or malicious purpose;
(b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
(c) to infringe upon or violate intellectual property rights;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any person;
(e) to transmit false or misleading information;
(f) to send or upload any material that does not comply with these Terms;
(g) to transmit, or procure the sending of, any advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or any other similar solicitation;
(h) to impersonate or attempt to impersonate any person or entity; or
(i) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which may harm PWX, 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;
(b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services;
(c) collect or track the personal information of others;
(d) spam, phish, pharm, pretext, spider, crawl, or scrape; or
(e) interfere with or circumvent the security features of the Services or any related website.
PWX reserves the right to suspend, disable, or terminate your access at any time, without notice, if it is determined that you have violated any part of these Terms.
TERMINATION
PWX may terminate this agreement or your access to the Services (or any part thereof) in its sole discretion at any time without notice. You will remain liable for all amounts due up to and including the date of termination.
Sections relating to Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy, and other provisions that by their nature should survive termination will continue to apply.
DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. PWX does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
EXCEPT AS EXPRESSLY STATED BY PWX, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE 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. PWX DOES NOT GUARANTEE THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL PWX, ITS 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, 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 SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES 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 SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless PWX, Shopify, and their affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate 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.
SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. This determination shall not affect the validity and enforceability of any other remaining provisions.
WAIVER; ENTIRE AGREEMENT
The failure 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 on this site or in respect to the Services constitute the entire agreement and understanding between you and PWX and govern your use of the Services, superseding any prior agreements, communications, and proposals, whether oral or written.
ASSIGNMENT
You may not delegate, transfer, or assign these Terms or any of your rights or obligations under these Terms without prior written consent, and any such attempt will be null and void. PWX may transfer, assign, or delegate these Terms and its rights and obligations without consent or notice.
GOVERNING LAW
These Terms of Service and any separate agreements whereby PWX provides Services shall be governed by and construed in accordance with the laws and courts of the jurisdiction where PWX is headquartered (Arizona, United States). You and PWX consent to venue and personal jurisdiction in such courts.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
PWX reserves the right, in its sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on the website. It is your responsibility to check the website periodically for changes. Material changes will be communicated as required by applicable law. Continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to: shop@pwxhub.com
Business name: PWX
Email: shop@pwxhub.com
Business address: 939 Hancock Rd
Suite 3 PMB 1001
Bullhead City, AZ 86442 United States