Terms of service

OVERVIEW

Welcome to DeskForge. The terms "we", "us" and "our" refer to Levi McIntyre operating as DeskForge. DeskForge operates this store and website, including all related information, content, features, tools, products and services, in order to provide you with a shopping experience (the "Services"). DeskForge is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced here (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully. 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 the Privacy Policy, do 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 that you have given us consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including browsing our store or purchasing products, you may be asked to provide information such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We work to present products accurately in our store. Colors and appearance may differ from what you see on your screen because of device type and display settings.

We do not warrant that the appearance or quality of any product you purchase will meet your expectations or match every on-screen depiction.

All product descriptions are subject to change without notice at our sole discretion. We may discontinue any product at any time and may limit quantities offered to any person, region, or jurisdiction, case by case.

Many products ship directly from manufacturing partners. Availability can change after you order; if we cannot fulfill an item, we will contact you and refund amounts charged for that item.

SECTION 3 - ORDERS

When you place an order, you make an offer to purchase. DeskForge may accept or decline your order for any reason. Your order is not accepted until we confirm acceptance. We must receive and process payment before acceptance. Review your order carefully before submitting. We may be unable to cancel after acceptance. If we do not accept, change, or cancel an order, we will attempt to notify you using the email, billing address, and/or phone number provided at checkout.

Purchases are subject to return or exchange only under our Refund Policy.

You represent and warrant that purchases are for your own personal or household use and not for commercial resale or export, unless we agree otherwise in writing.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions may change without notice. The price charged is the price in effect when the order is placed and is shown in your order confirmation email. Unless expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.

Posted prices may differ from prices on third-party marketplaces or other sites. Promotions may have separate terms. If promotion terms conflict with these Terms, the promotion terms govern for that promotion.

You agree to provide current, complete, and accurate purchase and payment information, and to update it promptly so we can complete transactions and contact you.

You represent and warrant that (i) payment information you provide is true and complete, (ii) you are authorized to use that payment method, (iii) charges will be honored by your payment provider, and (iv) you will pay charges at the posted prices, including shipping, handling, and applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

Shipping details are described in our Shipping Policy. In summary: orders are typically processed within 1-3 business days; many items ship from manufacturing partners; delivery to U.S. addresses often takes 15-30 business days depending on item and destination; times are estimates only and not guarantees; U.S. orders of $70 or more ship free as stated at checkout.

We are not liable for carrier or customs delays or events outside our reasonable control. Risk of loss passes when the product is transferred to the carrier, except where law requires otherwise.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including trademarks, brands, text, images, graphics, video, audio, and the design and arrangement of the store, are owned by DeskForge, its affiliates, or licensors and are protected by intellectual property laws.

These Terms allow personal, non-commercial use of the Services only. You may not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store, or transmit materials from the Services without our prior written consent, except for ordinary browser caching or as allowed by law. Nothing in these Terms grants a license under any patent, trademark, copyright, or other right of DeskForge, Shopify, or any third party beyond what is expressly stated.

DeskForge names, logos, product names (including without limitation ForgeTray, ForgeHook, and ForgeLift), designs, and slogans are trademarks of DeskForge or its licensors. You may not use them without prior written permission. Shopify's name and marks are trademarks of Shopify. All other marks on the Services belong to their owners.

SECTION 7 - OPTIONAL TOOLS

You may get access to third-party customer tools as part of the Services. We do not monitor or control those tools. They are provided "as is" and "as available" without endorsement. We have no liability arising from your use of optional third-party tools. Use them at your own risk and review the third party's terms. Future features we add are also part of the Services and subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may include materials and links to third-party sites or embedded third-party features. We are not responsible for third-party content or accuracy. If you leave our Services to use them, you do so at your own risk. We are not liable for harm related to third-party sites or purchases. Review third-party policies before you transact. Complaints about third-party products or services should go to that third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

DeskForge is powered by Shopify, which enables us to provide the Services. Sales and purchases in our store are made directly with DeskForge. By using the Services, you acknowledge that Shopify is not responsible for sales between you and DeskForge, including injury, damage, or loss from purchased products. You release Shopify and its affiliates from claims, damages, and liabilities arising from your purchases and transactions with DeskForge.

SECTION 10 - PRIVACY POLICY

Personal information we collect through the Services is subject to our Privacy Policy. Certain information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access and use in order to provide and improve the Services. Information you submit may be transmitted to Shopify and other providers, including in countries other than your own. See our Privacy Policy for details.

SECTION 11 - FEEDBACK

If you submit ideas, suggestions, feedback, reviews, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback in any medium for any purpose, including commercial use, to operate and improve the Services and to perform our obligations under these Terms.

You represent that you own or control the Feedback, that you have disclosed any compensation tied to a review where required, and that Feedback complies with these Terms. We have no duty to keep Feedback confidential, pay for it, or respond. We may remove Feedback we find unlawful, abusive, or otherwise objectionable, or that violates intellectual property or these Terms.

Feedback must not violate third-party rights or contain malware. You may not misrepresent the origin of Feedback. You are responsible for Feedback you submit. We assume no liability for Feedback posted by you or others.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

The Services may contain errors or omissions relating to descriptions, pricing, promotions, shipping charges, transit times, or availability. We may correct errors and update information or cancel orders if information is inaccurate, including after you submit an order, as allowed by law.

SECTION 13 - PROHIBITED USES

You may use the Services only for lawful purposes. You may not use the Services to break the law; infringe intellectual property; harass or harm others; send spam or malware; scrape or use automated agents in violation of Section 14; bypass security; or interfere with others' use of the Services. We may suspend or terminate access if we determine you violated these Terms.

SECTION 14 - AGENTS

This section applies if you use or enable an "Agent" (software that takes autonomous or semi-autonomous action) to access the Services.

No Agent may access the Services unless it identifies itself and follows the rules below, or if we have asked that Agent not to access the Services. We may limit Agent access by technical means.

Agents must: (i) identify themselves in the HTTP user agent string as `Agent/[agent name]`; (ii) not conceal that access is from an Agent (including by faking human patterns or bypassing CAPTCHAs); (iii) answer truthfully when asked if the user is human or automated; and (iv) not circumvent controls that limit Agent access.

SECTION 15 - TERMINATION

We may end this agreement or your access to the Services at any time, with or without notice, and you remain liable for amounts due up to termination. Sections that by nature should survive (including Intellectual Property, Feedback, Disclaimers, Limitation of Liability, Indemnification, and Governing Law) will survive.

SECTION 16 - DISCLAIMER OF WARRANTIES

Information on the Services is for general information. We do not warrant completeness or usefulness. Reliance is at your own risk.

EXCEPT AS WE EXPRESSLY STATE IN WRITING, THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE UNINTERRUPTED, SECURE, OR ERROR-FREE SERVICE. SOME JURISDICTIONS LIMIT THESE DISCLAIMERS, SO PART OF THIS SECTION MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY LAW, DESKFORGE AND ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS, AND THOSE OF SHOPIFY AND ITS AFFILIATES, ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR REPLACEMENT COSTS, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE CASES OUR LIABILITY IS LIMITED TO THE MAXIMUM PERMITTED BY LAW.

SECTION 18 - INDEMNIFICATION

You agree to indemnify and hold harmless DeskForge, Shopify, and our and their affiliates, officers, directors, employees, and agents from losses and claims (including reasonable attorneys' fees) arising from your breach of these Terms, your violation of law or third-party rights, or your use of the Services, except to the extent caused by our willful misconduct where law requires that carve-out.

SECTION 19 - SEVERABILITY

If any provision is unlawful or unenforceable, it is enforced to the maximum extent allowed, and the rest of the Terms remain in effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Failure to enforce a provision is not a waiver. These Terms and policies posted on the site are the entire agreement between you and us regarding the Services and replace prior agreements on that subject. Ambiguities are not construed against the drafter.

SECTION 21 - ASSIGNMENT

You may not assign these Terms without our prior written consent. We may assign them without notice.

SECTION 22 - GOVERNING LAW

These Terms are governed by the laws of the Commonwealth of Kentucky, without regard to conflict-of-law rules, except where mandatory consumer law in your place of residence says otherwise. Courts in the Commonwealth of Kentucky are the venue for disputes permitted to go to court, except where law gives you a right to sue in your home jurisdiction.

SECTION 23 - HEADINGS

Headings are for convenience only.

SECTION 24 - CHANGES TO TERMS OF SERVICE

The current Terms will be posted on this page. We may update these Terms by posting a revised version. Material changes will be handled as required by applicable law. Continued use after changes take effect means you accept the revised Terms, except where law requires a different method of consent.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service: support@shopdeskforge.com
(Secondary: shopdeskforge@gmail.com)

Levi McIntyre
Operating as DeskForge
https://shopdeskforge.com/