OVERVIEW
Welcome to Misfit Gizmo! The terms “we,” “us,” and “our” refer to Misfit Gizmo. Misfit Gizmo operates this store and website, including all related information, content, features, tools, products, and services. This document details the official Misfit Gizmo Terms of Service. We provide this to you, the customer, to ensure a secure and curated shopping experience (the “Services”).
The terms and conditions below describe your rights and responsibilities when you use the Services. These are the “Terms”; they also include any policies referenced here.
Please read these Terms of Service carefully. They include important information about your legal rights. They cover areas like warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Misfit Gizmo Terms of Service and our Privacy Policy. If you do not agree to these documents, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT Agreement
By agreeing to these Misfit Gizmo Terms of Service, you represent that you are at least the age of majority in your state or province of residence. You also consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
We may ask you to provide certain information to use the Services. This includes accessing or browsing our online stores or purchasing any of our offered products or services. Information requested includes your email address, billing, payment, and shipping details.
You represent and warrant that all information you provide in our stores is correct, current, and complete. You also warrant that you have all rights necessary to provide this information.
You alone are responsible for maintaining the security of your account credentials. You are responsible for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS & Service Warranties
We made every effort to provide an accurate representation of our products and services in our online stores. However, note that colors or product appearance may differ from how they appear on your screen. This difference results from the type of device you use to access the store and your device’s settings and configuration.
We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations. They also may not be the same as depicted or rendered in our online stores.
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. We may limit the quantities of any products we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.
SECTION 3 – ORDERS and Acceptance Under This Agreement
When you place an order, you make an offer to purchase. Misfit Gizmo reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Misfit Gizmo confirms acceptance. We must receive and process your payment before your order acceptance.
Please review your order carefully before submitting. Misfit Gizmo may be unable to accommodate cancellation requests after order acceptance.
If we do not accept, make a change to, or cancel an order, we will attempt to notify you. We will use the e‑mail, billing address, and/or phone number you provided when you made the order.
Our Refund Policy solely governs your purchases’ return or exchange, as detailed in these Misfit Gizmo Terms of Service.
You represent and warrant that your purchases are for your own personal or household use. They are not for commercial resale or export.
SECTION 4 – PRICES AND BILLING Terms
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 you place the order. Your order confirmation email will set it out. Unless we expressly state otherwise, posted prices do not include taxes, shipping, handling, customs, or import charges.
Prices posted in our online stores may differ from prices offered in physical stores or those operated by third parties. We may offer promotions on the Services occasionally that may affect pricing. Separate terms and conditions govern these promotions. If a conflict exists between the promotion terms and these Misfit Gizmo Terms of Service, the promotion terms will govern.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases you make at our stores. You agree to promptly update your account and other information. This includes your email address, credit card numbers, and expiration dates. This allows us to complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete. (ii) you are duly authorized to use such credit card for the purchase. (iii) your credit card company will honor charges you incur. (iv) you will pay charges you incur at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 – SHIPPING AND DELIVERY Terms
We are not liable for shipping and delivery delays. All delivery times are estimates only. They are not guaranteed.
We are not responsible for delays shipping carriers, customs processing, or events outside our control cause. Once we transfer products to the carrier, title and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Ownership and Protection of Misfit Gizmo IP Our Services are owned by Misfit Gizmo, its affiliates, or licensors. This includes all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio. It also includes the design, selection, and arrangement of these elements. U.S. and foreign patent, copyright, and other intellectual property laws protect them.
Permitted Use Under This Agreement 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 any of the material on the Services without our prior written consent.
Except as we expressly provide here, nothing in these Terms grants or shall be construed as granting a license or other rights to you. This applies to any patent, trademark, copyright, or other intellectual property of Misfit Gizmo or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. Misfit Gizmo reserves all rights not expressly granted here.
Misfit Gizmo Trademarks Misfit Gizmo or its affiliates or licensors own Misfit Gizmo’s names, logos, product and service names, designs, and slogans as trademarks. You must not use such trademarks without Misfit Gizmo’s prior written permission. The trademarks of their respective owners are all other names, logos, product and service names, designs, and slogans on the Services.
SECTION 7 – OPTIONAL TOOLS
You may access customer tools third parties offer as part of the Services, which we neither monitor nor control or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available.” This is without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use you make of the optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which the relevant third-party provider(s) provide tools.
We may also offer new features through the Services occasionally. This includes the release of new tools and resources. Such new features shall also be deemed part of the Services. They are subject to these Misfit Gizmo Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites third parties provide or operate (including any embedded third-party functionality). We are 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.
We are 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. Make sure you understand them before you engage in any transaction. You should direct complaints, claims, concerns, or questions regarding third-party products and services to the third party.
SECTION 9 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you read these privacy policies.
SECTION 10 – FEEDBACK
Granting the License to Use Feedback If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content, this is the “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 any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services. This also lets us perform our obligations and exercise our rights under the Terms of Service.
Your Representations and Obligations You also represent and warrant that: (i) you own or have all necessary rights to all Feedback. (ii) you disclosed any compensation or incentives received in connection with your submission of Feedback. (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
Monitoring and Removal of User Content We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable. It also applies if it violates any party’s intellectual property or these Misfit Gizmo Terms of Service.
Content Standards and Liability You agree that your Feedback will not violate any right of any third-party. This includes copyright, trademark, privacy, personality, or other personal or proprietary right. Further, you agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene Feedback. It will not contain any computer virus or other malware that could affect the functionality or operation of the Services or any related website. Therefore, you may not use a false email address. Do not pretend to be someone other than yourself. You may not otherwise mislead us or third-parties about the origin of any Feedback. You alone are responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback you or any third-party post.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Information on or in the Services may occasionally contain typographical errors, inaccuracies, or omissions. These may relate 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 inaccurate at any time without prior notice (including after you submitted your order). This right is granted under these Misfit Gizmo Terms of Service.
SECTION 12 – PROHIBITED USES of Misfit Gizmo Services
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 our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as we determine, may harm Misfit Gizmo or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may affect the functionality or operation of the Services; (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, other websites, or the Internet.
We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you violated any part of these Misfit Gizmo Terms of Service.
SECTION 13 – TERMINATION of This User Agreement
We may terminate this agreement or your access to the Services (or any part of the Services) at our sole discretion at any time without notice. You will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 14 – DISCLAIMER OF WARRANTIES for Misfit Gizmo
We make available the information presented on or through the Services solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
We disclaim all liability and responsibility arising from any reliance you or any other visitor to the Services place on such materials. This also applies to anyone who may be informed of any of its contents.
EXCEPT AS Misfit Gizmo EXPRESSLY STATES, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE. This is without any representation, warranties or conditions of any kind, either express or implied. This includes all 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 YOUR 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. Therefore, the above disclaimer may not apply to you.
SECTION 15 – LIMITATION OF LIABILITY Under These Terms
TO THE FULLEST EXTENT THE LAW PROVIDES, IN NO CASE SHALL Misfit Gizmo, OUR 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.
This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages. This applies whether based in contract, tort (including negligence), strict liability or otherwise. It arises 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.
This covers, but is 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.
SECTION 16 – INDEMNIFICATION Under the Terms of Service
You agree to indemnify, defend, and hold harmless Misfit Gizmo, our 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 Misfit Gizmo 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.
We will notify you of any indemnifiable claim. A failure to promptly notify will not relieve you of your obligations unless the failure materially prejudices you. Also, we may control the defense and settlement of such claim at your expense, including choice of counsel. However, we will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 17 – SEVERABILITY
If we determine that any provision of these Terms of Service is unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. We shall deem the unenforceable portion severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18- WAIVER; ENTIRE AGREEMENT
Our 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 Misfit Gizmo Terms of Service and any policies or operating rules we post on this site or in respect to the Service constitute the entire agreement and understanding between you and us. They govern your use of the Service. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us. This includes any prior versions of the Terms of Service.
The interpretation of these Terms of Service’s ambiguities shall not be construed against the drafting party.
SECTION 19 – ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent. Any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 20 – GOVERNING LAW
The federal and state or territorial courts in the jurisdiction where Misfit Gizmo is headquartered shall govern and construe these Terms of Service and any separate agreements whereby we provide you Services. You and Misfit Gizmo consent to venue and personal jurisdiction in such courts.
SECTION 21 – HEADINGS
The headings we use in this agreement are included for convenience only. They will not limit or otherwise affect these Terms.
SECTION 22 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Misfit Gizmo Terms of Service. We do this by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.
We will notify you of any material changes to these Terms in accordance with applicable law. Such changes will be effective on the date we specify in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 23 – CONTACT INFORMATION
You should send questions about the Terms of Service to us at: support@misfitgizmo.com
