Terms of Service

OVERVIEW

Welcome to Cowpoky!

The terms “we,” “us,” and “our” refer to Cowpoky. Cowpoky 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”). Cowpoky is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, 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 our 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 to 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 activity conducted through your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We make every reasonable effort to provide accurate representations of our products and services in our online store. However, colors, dimensions, packaging, or product appearance may vary slightly from how they appear on your screen due to your device type, display settings, lighting, manufacturing updates, or other factors.

We do not warrant that the appearance or quality of any products or services purchased by you will exactly match how they are depicted or rendered in our online store.

All product descriptions, specifications, availability, and 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 and may limit the quantities of any products that we offer 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.

Cowpoky reserves the right to accept, decline, limit, or cancel an order for any lawful reason at our discretion.

Your order is not considered accepted until Cowpoky confirms acceptance and your payment has been successfully received and processed.

Please review your order carefully before submitting it, as Cowpoky may be unable to accommodate cancellation or modification requests after an order has been accepted or entered into processing.

If we decline, modify, or cancel an order, we will attempt to notify you using the email address, billing address, shipping address, and/or phone number provided at the time the order was placed.

Your purchases are subject to returns, refunds, or exchanges solely in accordance with our Refund 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, promotional offers, and product availability 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 displayed during checkout and/or in your order confirmation.

Unless otherwise expressly stated, displayed product prices may not include applicable taxes, shipping charges, handling charges, customs duties, import fees, or other charges that may apply to your order.

We may occasionally offer promotions, discount codes, or special offers that are subject to separate terms and conditions. If there is a conflict between the terms of a specific promotion and these Terms of Service, the terms of the promotion will govern with respect to that promotion.

You agree to provide current, complete, and accurate purchase, payment, billing, 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 your transactions and contact you when necessary.

You represent and warrant that:

1. The payment information you provide is true, correct, and complete.
2. You are authorized to use the payment method provided.
3. Charges incurred by you will be honored by your payment provider.
4. You will pay all charges incurred at the prices displayed at the time of purchase, including applicable shipping charges and taxes.

SECTION 5 - SHIPPING AND DELIVERY

Shipping charges and available shipping methods are displayed during checkout and are further described in our Shipping Policy.

Cowpoky currently offers Standard Shipping for $5.67 USD.

Orders of $100 USD or more are eligible for Free Shipping, subject to the terms stated in our Shipping Policy.

Any delivery or transit times displayed on our website, during checkout, or in order communications are estimates only and are not guaranteed.

Delivery times may be affected by shipping carriers, customs processing, weather conditions, high-volume periods, incorrect or incomplete shipping information, or other circumstances outside our reasonable control.

Cowpoky is not responsible for delays caused by shipping carriers, customs authorities, or events outside our reasonable control.

Customers are responsible for providing a complete and accurate shipping address at checkout. Please contact us as soon as possible if you notice an error in your shipping information. We cannot guarantee that an address can be changed once an order has entered processing or has been shipped.

For additional information regarding shipping, delivery, and related matters, please review our Shipping Policy.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, branding, text, displays, images, graphics, product reviews, videos, audio, website design, layout, selection, and arrangement thereof, are owned by Cowpoky, its affiliates, licensors, or applicable third parties and may be protected by U.S. and international copyright, trademark, patent, and other intellectual property laws.

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 where permitted by applicable law.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property rights belonging to Cowpoky, Shopify, or any third party.

Unauthorized use of the Services may violate applicable intellectual property laws.

All rights not expressly granted herein are reserved by Cowpoky and the applicable rights holders.

Cowpoky’s name, logo, product names, service names, designs, and slogans may be trademarks of Cowpoky or its affiliates or licensors and may not be used without prior written permission.

Shopify’s name, logo, product names, service names, designs, and slogans are trademarks of Shopify.

All other names, logos, product names, service names, designs, and slogans appearing through the Services are the property of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to tools, applications, integrations, or services offered by third parties as part of the Services, which we may neither monitor nor control.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, conditions, or endorsements of any kind.

To the fullest extent permitted by law, 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 our website is entirely at your own risk and discretion.

You should ensure that you understand and approve of the terms and policies under which such third-party tools are provided.

We may also offer new features, services, resources, or tools through the Services in the future. Such features will also be considered part of the Services and will be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials, services, functionality, or hyperlinks to websites operated or provided by third parties.

We are not responsible for examining or evaluating the content, security, policies, products, services, or accuracy of third-party websites or materials that you choose to access.

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

To the fullest extent permitted by law, Cowpoky shall not be liable for any harm or damages arising from your access to third-party websites or your purchase or use of products, services, resources, content, or transactions made through third-party websites.

Please carefully review the policies and practices of third parties before engaging in any transaction.

Questions, claims, concerns, or complaints regarding third-party products or services should be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Cowpoky is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases made through our store are transactions directly between you and Cowpoky.

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

To the fullest extent permitted by applicable law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with Cowpoky.

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 .

Because our Services are hosted by Shopify, Shopify may collect and process 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 third parties that may operate in countries other than the country in which you reside.

Please review our Privacy Policy for additional information regarding how Cowpoky, Shopify, and our service providers collect, use, share, and protect personal information.

SECTION 11 - FEEDBACK

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

For example, we may use Feedback to operate, improve, evaluate, advertise, promote, or enhance the Services.

You represent and warrant that:

1. You own or otherwise have all necessary rights to the Feedback you submit.
2. You have disclosed any compensation or incentives received in connection with the Feedback where required by law.
3. Your Feedback complies with these Terms and applicable law.

Unless otherwise required by law, we are under no obligation to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback.

We may, but are not obligated to, monitor, edit, or remove Feedback that we determine in our discretion is unlawful, offensive, threatening, defamatory, obscene, infringing, misleading, or otherwise objectionable or violates these Terms.

You agree that your Feedback will not violate any rights of third parties, including copyright, trademark, privacy, publicity, personality, or other personal or proprietary rights.

You may not submit Feedback containing malicious software or content designed to interfere with the operation or security of the Services.

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

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

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

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

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

If information relating to an order is materially inaccurate, including pricing, product availability, or promotional information, we reserve the right to modify or cancel the affected order in accordance with applicable law, including after an order has been submitted.

If an order is cancelled after payment has been collected, any applicable refund will be handled according to our Refund Policy and the original payment method, subject to applicable processing times.

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not access or use the Services, directly or indirectly:

1. for any unlawful or malicious purpose;
2. to violate any international, federal, state, provincial, territorial, or local law, regulation, rule, or ordinance;
3. to infringe or violate our intellectual property rights or the intellectual property rights of others;
4. to harass, abuse, insult, harm, defame, intimidate, threaten, or discriminate against our employees, representatives, customers, or any other person;
5. to transmit false or misleading information;
6. to upload, download, transmit, distribute, or reuse materials in violation of these Terms or applicable law;
7. to send or facilitate unsolicited advertising, spam, chain letters, or similar solicitations;
8. to impersonate or attempt to impersonate another person or entity;
9. to engage in conduct that restricts or inhibits another person’s use or enjoyment of the Services or that may harm Cowpoky, Shopify, our customers, our service providers, or others.

You also agree not to:

1. upload or transmit viruses, malicious code, malware, or other harmful technology;
2. reproduce, duplicate, copy, extract, sell, resell, or exploit any unauthorized portion of the Services;
3. improperly collect or track personal information belonging to others;
4. spam, phish, pharm, scrape, crawl, or otherwise misuse the Services;
5. use automated systems, robots, spiders, scraping tools, data-gathering tools, or other automated processes to access the Services in a manner that violates these Terms or our technical restrictions;
6. interfere with, bypass, defeat, or circumvent security, authorization, access control, rate limits, robot exclusion measures, or other safeguards used by Cowpoky or our service providers.

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

SECTION 14 - AGENTS

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

For purposes of these Terms, an “Agent” means software or a service capable of taking autonomous or semi-autonomous actions on behalf of or at the instruction of a person or entity.

14.2 An Agent may not access, use, or interact with the Services if Cowpoky has requested that the Agent refrain from accessing, using, or interacting with the Services.

14.3 We may use technical measures to limit or control whether and how Agents access, use, or interact with the Services.

14.4 Agents accessing our Services must:

1. accurately identify themselves as automated or agent-based systems when technically required;
2. not conceal or misrepresent their automated nature;
3. not circumvent CAPTCHAs or other measures designed to distinguish automated systems from human users;
4. respond truthfully when asked whether an interaction originates from a human or automated system; and
5. not circumvent measures intended to restrict, limit, modify, or control automated access to the Services.

SECTION 15 - TERMINATION

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

You will remain responsible for amounts properly due and payable up to and including the date of termination.

The following provisions will survive termination to the extent applicable: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

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

We do not warrant the accuracy, completeness, reliability, or usefulness of information provided through the Services except where otherwise required by applicable law.

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

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY STATED BY COWPOKY, 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.

THIS INCLUDES, TO THE EXTENT PERMITTED BY LAW, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE SERVICES WILL ALWAYS BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS OR LIMITATIONS, SO SOME OF THE ABOVE PROVISIONS MAY NOT APPLY TO YOU.

NOTHING IN THESE TERMS EXCLUDES WARRANTIES OR RIGHTS THAT CANNOT LAWFULLY BE EXCLUDED.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COWPOKY AND OUR AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

THIS MAY INCLUDE, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR OTHER SIMILAR DAMAGES, WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANOTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION ALSO APPLIES, TO THE EXTENT PERMITTED BY LAW, TO CLAIMS ARISING FROM ERRORS OR OMISSIONS IN CONTENT OR LOSSES ARISING FROM CONTENT OR PRODUCTS MADE AVAILABLE THROUGH THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Cowpoky, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, claims, and reasonable attorneys’ fees payable to third parties arising from:

1. Your material breach of these Terms of Service or documents incorporated by reference;
2. Your violation of applicable law or the rights of a third party; or
3. Your unlawful or unauthorized access to or use of the Services.

We will provide reasonable notice of an indemnifiable claim.

A delay in providing notice will not relieve you of your obligations except to the extent that the delay materially prejudices your ability to defend the claim.

Where permitted by law, we may control the defense and settlement of an indemnified claim, including the selection of counsel.

We will not settle a claim requiring non-monetary obligations from you without your consent, which shall not be unreasonably withheld.

You agree to reasonably cooperate in the defense of indemnified claims.

SECTION 19 - SEVERABILITY

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

Any unenforceable portion shall be deemed severed from these Terms without affecting the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

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

These Terms of Service, together with any policies or operating rules posted by us on the website or otherwise incorporated by reference, constitute the entire agreement and understanding between you and Cowpoky regarding your use of the Services.

These Terms supersede prior or contemporaneous agreements, communications, and proposals regarding the Services, whether oral or written, to the extent permitted by applicable law.

Any ambiguities in the interpretation of these Terms shall not automatically be construed against the party that drafted them.

SECTION 21 - ASSIGNMENT

You may not transfer, delegate, or assign these Terms or any of your rights or obligations under these Terms without our prior written consent, and any unauthorized attempted assignment may be void.

Cowpoky 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 you Services shall be governed by and construed in accordance with applicable laws in the jurisdiction in which Cowpoky is headquartered, without limiting any mandatory consumer protections available to you under applicable law.

You and Cowpoky consent to the jurisdiction and venue of the applicable courts to the extent permitted by law.

SECTION 23 - HEADINGS

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

SECTION 24 - CHANGES TO TERMS OF SERVICE

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

We reserve the right, in our discretion, to update, modify, or replace any part of these Terms of Service by posting updates or changes to our website.

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

Changes will become effective on the date stated in the applicable notice or when posted where permitted by law.

Your continued use of or access to the Services after changes become effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions regarding these Terms of Service may be sent to:

Cowpoky
Website: Cowpoky.com
Email: support@cowpoky.com