Terms of Service

(last updated: October 1, 2020)

OVERVIEW

This website is operated by STW Holdings, LLC (d/b/a SeetheWe), and the terms “we”, “us” and “our” refer to STW Holdings, LLC (d/b/a SeetheWe). We offer this website, including all information, tools, services and products, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Please carefully read these terms and conditions, including any hyperlinked terms, as the same may be updated in accordance with Section 19 below at any time (collectively, “Terms”) before accessing or using our website. These Terms apply to all users of the site, including customers, vendors, partners, browsers, and others. By visiting our website, using our services (collectively, “Service”) and/ or purchasing a product from us, you agree to be bound by the Terms. If you do not agree to these Terms, do not access our website or use our services or products. Our store is hosted on Shopify Inc. and by accepting our Terms, you also accept any terms and conditions imposed by Shopify.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your jurisdiction (or, if a minor, have appropriate consent from the appropriate adult).

You may not use our Service or products for any illegal or unauthorized purpose nor may you, in the use of the Service or products, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses or other destructive code. A breach or violation of any of the Terms will result in an immediate termination of your use of the Service.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is subject to Shopify processes.

You agree to not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

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

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible for third-party information made available on this website. Any reliance on the material on this website is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the content of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to this website.

SECTION 4 – PRODUCTS; PRODUCT RETURNS

Availability of products, prices of products and descriptions of products may change at any time without notice. We reserve the right to discontinue any product at any time, without notice. We are not liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service or any products.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. Any offer for any product or service made on this site is void where prohibited by law.

We have made every effort to display as accurately as possible the colors, sizes and images of our products in our store. We cannot guarantee that your computer monitor's display of any color will be accurate. Given the global pandemic and our limited staff, we are not equipped to accept product returns or credits. As such, all sales are final.

SECTION 5 – ORDERS; BILLING; ACCOUNT INFORMATION

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 that we make a change to or cancel an order, we may 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. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 6 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We have no liability whatsoever 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 of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

SECTION 7 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have no liability or responsibility for any third-party materials or websites, any other materials, products, or services of third-parties, or any resulting problems, claims, losses or damages.

Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send comments, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium your submissions. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. You agree that you will not make any comments or provide content that violates any rights of any third-party (including copyright, trademark, privacy, personality or other personal or proprietary right). You further agree that your comments will not 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 Service or any related 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 comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 9 - PERSONAL INFORMATION

Your submission of personal information through our store is governed by our Privacy Policy.

SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS

Our website occasionally may contain errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is found to be inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 11 - PROHIBITED USES

In addition to any other prohibitions, 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, privacy rights or other 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 the Service or of any related website, other websites, or the Internet; (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 the Service or any related website, other websites, or the Internet.

In addition, you are prohibited from using any of our products in any way that violates applicable laws.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses and to pursue other available remedies.

SECTION 12 - INTELLECTUAL PROPERTY

See the We, SeetheWe, See the We smiley face logo, See the We eye logo, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through our Service or this website are our trademarks or trade dress. We do not grant you any license or rights to our trademarks and trade dress and you are not authorized to use our trademarks or trade dress, other than your display of the same on the products you have purchased from us. All goodwill associated with our trademarks and trade dress inure to us.

All content and compilation of content included in or made available through our Service or on our website, such as text, graphics, logos, button icons, images, videos, audio clips, digital downloads, data compilations, and software, are exclusively our property or our suppliers property and protected by United States copyright laws. You are not authorized to copy, reproduce, perform, publish, adapt, modify or creative derivative works of any of the foregoing.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

SERVICE. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT CONTENT OR RESULTS OF OUR SERVICE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT WE MAY SUSPEND OR DISCONTINUE OUR SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, OUR SERVICE IS AT YOUR SOLE RISK.

PRODUCTS. WE DO NOT REPRESENT OR WARRANT, AND HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, THAT THE QUALITY, COLOR, SIZE, FIT OR PERFORMANCE OF ANY OF OUR PRODUCTS WILL MEET YOUR EXPECTATIONS. TO THE EXTENT OUR PRODUCTS INCLUDE MASKS, WE DO NOT REPRESENT OR WARRANT, AND HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS AND WARRANTIES, THAT OUR MASKS PREVENT CONTRACTING OR TRANSMISSION OF VIRUSES, INFECTIONS, DISEASES OR OTHER ILLNESSES. TO THE EXTENT OUR PRODUCTS INCLUDE ANY STICKERS OR MAGNETS THAT A USER MIGHT DISPLAY ON A VEHICLE, WE DO NOT REPRESENT OR WARRANT, AND HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS AND WARRANTIES, THAT SUCH DISPLAY IS LEGAL IN YOUR JURISDICTION, AND YOU TAKE THE SOLE RISK OF COMPLIANCE WITH ALL APPLICABLE LAWS AND THE DECISION TO DISPLAY SUCH PRODUCT IS AT YOUR SOLE RISK.

GENERAL. OUR SERVICE AND PRODUCTS ARE PROVIDED ON AN “AS IS, WHERE IS, AS AVAILABLE” BASIS, WITHOUT, AND WE HEREBY DISCLAIM, 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. IN NO CASE SHALL STW HOLDINGS, LLC, OUR OWNERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, PARTNERS, 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 OUR WEBSITE, OUR SERVICE OR ANY OF OUR PRODUCTS, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE 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 SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE OR USE OF ANY PRODUCT, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME JURISDICTIONS MAY 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.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless STW Holdings, LLC and our owners, directors, officers, managers, employees, affiliates, agents, contractors, interns, suppliers, partners, service providers or licensors, harmless from any claim or demand, including reasonable attorneys’ fees, made by yourself or any third-party due to or arising out of your breach of these Terms or use of our Service or products.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

Your obligations and liabilities arising prior to any termination of these Terms shall survive such termination. These Terms are effective unless and until terminated by us.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any of these Terms, we may terminate your use of the website and Service and you will remain liable for all amounts due up to and including the date of termination.

SECTION 17 - ENTIRE AGREEMENT

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. These Terms and any policies or operating rules posted by us on this website or in respect to our Service constitutes the entire agreement and understanding between you and us and govern your use of the Service and purchase and use of products, 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 the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW; JURISDICTION

These Terms and any separate agreements whereby we provide you Service or products shall be governed by and construed in accordance with the laws of the State of Colorado. You irrevocably submit to the exclusive personal and subject matter jurisdiction, and convenient venue of, state and federal courts located in Denver, Colorado in respect of any claim, dispute or controversy arising in respect of this website, our Service or our products.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms should be sent to us at info@seethewe.com.