Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to The Chaos Collective, operated by Shetzer Enterprises. The terms “we,” “us,” and “our” refer to The Chaos Collective and Shetzer Enterprises, as applicable.

The Chaos Collective 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”). The Chaos Collective is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, 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 in our store 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 of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 — OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, colors or product appearance may differ from how they appear on your screen due to the type of device you use and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be exactly the same as depicted or rendered in our online store.

All descriptions of products 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 quantities of products offered 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.

The Chaos Collective reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until The Chaos Collective confirms acceptance.

We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it. Because many of our products are made to order, customized, or personalized, we may be unable to accommodate cancellation requests after an order has been accepted or production has begun.

If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided when the order was placed.

Your purchases are subject to return or exchange solely in accordance with our Returns & Exchanges Policy.

You represent and warrant that your purchases are for your own personal or household use and not for unauthorized 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 when the order is placed and will be shown in your order confirmation.

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

Prices posted in our online store may differ from prices offered at events, physical locations, or through other sales channels.

We may offer promotions from time to time that affect pricing and are governed by terms and conditions separate from these Terms. If there is a conflict between promotional terms and these Terms, the promotional terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store.

You agree to promptly update your account and other information, including your email address and payment information, so that we can complete transactions and contact you as needed.

You represent and warrant that payment information you provide is true, correct, and complete; that you are authorized to use the payment method provided; and that you will pay all charges incurred at the posted prices, including applicable shipping charges and taxes.

SECTION 5 — SHIPPING AND DELIVERY

Production and delivery times are estimates and are not guaranteed.

Many products offered by The Chaos Collective are made to order. Production time is separate from carrier transit time.

We are not responsible for delays caused by shipping carriers, severe weather, service disruptions, incorrect customer-provided addresses, or other events outside our reasonable control.

Shipping, delivery, local pickup, lost or damaged packages, and related matters are further governed by our Shipping Policy.

SECTION 6 — INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by The Chaos Collective, Shetzer Enterprises, their applicable brands, affiliates, or licensors, as appropriate, and are protected by applicable U.S. and foreign intellectual property laws.

Our brands and collections may include, without limitation, The Spirit Explosion Experience, Horsepower & Bad Habits, Chrome & Chaos, Spoiled Rotten Dog Co., and Beyond the Brands — General Merchandise.

Certain designs, names, logos, artwork, or other intellectual property appearing on merchandise may be used pursuant to licenses, permissions, permits, authorizations, or other rights held by The Chaos Collective, Shetzer Enterprises, or their applicable brands.

These Terms permit you to use the Services for your personal, non-commercial use only.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit material from the Services without our prior written consent, except as otherwise permitted by law.

Nothing in these Terms grants or shall be construed as granting a license or other right to you under any patent, trademark, copyright, or other intellectual property belonging to The Chaos Collective, Shetzer Enterprises, Shopify, our licensors, or any third party.

Unauthorized use of the Services may violate federal or state intellectual property laws.

All rights not expressly granted herein are reserved.

The names, logos, product and service names, designs, and slogans belonging to The Chaos Collective, Shetzer Enterprises, and their applicable brands may not be used 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 appearing through the Services are trademarks or other intellectual property of their respective owners.

SECTION 7 — OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services that we neither monitor nor control.

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 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. You should familiarize yourself with and approve the terms under which the relevant third-party provider offers those tools.

We may also offer new features through the Services in the future, including new tools and resources. Such features shall be considered part of the Services and 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 embedded third-party functionality.

We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access.

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

We are not liable for harm or damages related to your access of third-party websites or your purchase or use of products, services, resources, or content available through those websites.

Please carefully review the third party's policies and practices before engaging in any transaction.

Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the applicable third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

The Chaos Collective is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases you make through our store are made directly with The Chaos Collective, operated by Shetzer Enterprises.

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

You expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to purchases and transactions with The Chaos Collective.

SECTION 10 — PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy.

Certain personal information may also be subject to Shopify's Privacy Policy.

By using the Services, you acknowledge that you have read the applicable privacy policies.

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

Information you submit through the Services may be transmitted to and shared with Shopify and other service providers, including providers that may be located in countries other than your country of residence.

Please review our Privacy Policy for additional information about how personal information may be collected, used, and shared.

SECTION 11 — FEEDBACK

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

You represent and warrant that you own or have all necessary rights to your Feedback, that you have disclosed any compensation or incentives received in connection with the submission, and that your Feedback complies with these Terms.

We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback.

We may monitor, edit, or remove Feedback that we determine in our discretion to be unlawful, offensive, threatening, defamatory, obscene, infringing, or otherwise objectionable.

You agree that your Feedback will not violate any third party's copyright, trademark, privacy, personality, or other personal or proprietary rights.

You further agree not to submit unlawful or abusive material, computer viruses, malware, or other harmful content.

You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of Feedback.

You are responsible for the Feedback you submit and its accuracy.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

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

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if information is inaccurate at any time without prior notice, including after an order has been submitted.

SECTION 13 — 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 international, federal, state, provincial, or local laws, regulations, rules, or ordinances;

(d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate another person;

(e) to transmit false or misleading information;

(f) to knowingly send, receive, upload, download, use, or reuse material that does not comply with these Terms;

(g) to transmit unsolicited advertising or promotional material, including spam, chain letters, or similar solicitations;

(h) to impersonate or attempt to impersonate another person or entity; or

(i) to engage in conduct that restricts or inhibits another person's use or enjoyment of the Services or that may harm The Chaos Collective, Shetzer Enterprises, Shopify, or users of the Services.

You also agree not to upload or transmit viruses or malicious code; reproduce, duplicate, copy, extract, sell, resell, or exploit portions of the Services without authorization; improperly collect or track personal information; spam, phish, pharm, or pretext the Services; circumvent security features; or otherwise interfere with the proper operation of the Services.

We reserve the right to suspend, disable, or terminate access to the Services if we determine that these Terms have been violated.

SECTION 14 — AGENTS

This section (“Agent Terms”) applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services.

“Agent” means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity and that can be executed without direct supervision.

No Agent may access, use, or interact with the Services unless it identifies itself and complies with applicable requirements for such access.

We may limit, including through technical measures, whether and how Agents access, use, or interact with the Services.

Agents must not conceal or misrepresent their automated nature, improperly circumvent security or verification measures, or otherwise interfere with measures designed to control automated access.

SECTION 15 — TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, in our discretion as permitted by applicable law.

You remain liable for amounts due up to and including the date of termination.

Sections that by their nature should survive termination will continue to apply following termination, including provisions concerning Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Governing Law, and Privacy.

SECTION 16 — DISCLAIMER OF WARRANTIES

Information presented on or through the Services is made available for general informational purposes.

We do not warrant the accuracy, completeness, or usefulness of such information.

Any reliance you place on such information is at your own risk.

Except as expressly stated by The Chaos Collective, the Services and products offered through the Services are provided “as is” and “as available,” without representations, warranties, or conditions of any kind, either express or implied, to the fullest extent permitted by applicable law.

We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted, timely, secure, or error-free.

Some jurisdictions limit or prohibit certain warranty disclaimers, so portions of this section may not apply to you.

SECTION 17 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE CHAOS COLLECTIVE, SHETZER ENTERPRISES, THEIR APPLICABLE BRANDS, AFFILIATES, PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PROCURED THROUGH THE SERVICES, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT LAWFULLY BE LIMITED OR EXCLUDED.

SECTION 18 — INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless The Chaos Collective, Shetzer Enterprises, their applicable affiliates, partners, officers, employees, agents, contractors, licensors, and service providers, as well as Shopify, from losses, damages, liabilities, or claims arising from:

Your breach of these Terms of Service or documents incorporated by reference;
Your violation of applicable law or the rights of a third party; or
Your misuse of the Services.

We will provide notice of an indemnifiable claim when reasonably practicable.

SECTION 19 — SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by law.

The unenforceable portion shall be considered severed from these Terms, and the determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 20 — WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms of Service and policies or operating rules posted by us regarding the Services constitute the agreement and understanding between you and us governing your use of the Services and supersede prior versions relating to such use.

Any ambiguities in interpretation shall not automatically be construed against the drafting party.

SECTION 21 — ASSIGNMENT

You may not delegate, transfer, or assign this agreement or your rights or obligations under these Terms without our prior written consent, except as otherwise permitted by law.

We may transfer, assign, or delegate these Terms and our rights and obligations as permitted by applicable law.

SECTION 22 — GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services shall be governed and construed in accordance with applicable federal law and the laws of the State of Ohio, without regard to conflict-of-law principles, except where applicable consumer law requires otherwise.

SECTION 23 — HEADINGS

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

SECTION 24 — CHANGES TO TERMS OF SERVICE

You may review the most current version of these Terms of Service on this page.

We reserve the right to update, change, or replace portions of these Terms by posting updates and changes to our website.

Where required by applicable law, we will provide notice of material changes.

Your continued use of or access to the Services following the effective date of changes constitutes acceptance of the revised Terms to the extent permitted by law.