Terms of Service

Overview

This website is operated by Clickformance LLC, doing business as TheEveryDayLabel. Throughout the site, the terms "we", "us," and "our" refer to Clickformance LLC / TheEveryDayLabel. TheEveryDayLabel offers this website, including all information, tools, and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.

Updates to Terms

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

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and Services to you.

Section 1 – Online Store Terms

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, or that you have given us your consent to allow any of your minor dependents to use this site.

You agree to:

Not use our products for any illegal or unauthorized purpose
Not violate any laws in your jurisdiction (including copyright laws)
Not transmit any worms, viruses, or destructive code

A breach or violation of any of the Terms will result in the immediate termination of your Services.

Section 2 – General Conditions

We reserve the right to refuse Service to anyone for any reason at any time
Your content (excluding credit card information) may be transferred unencrypted over various networks. Credit card information is always encrypted during transfer
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission from us
The headings used in this agreement 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 if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions.

Any reliance on the material on this site is at your own risk.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Section 4 – Modifications to the Service and Prices

Prices for our products are subject to change without notice
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service

Section 5 – Products or Services

Certain products or Services may be available exclusively online through the website with limited quantities
Products are subject to return or exchange only according to our Refund Policy
We have made every effort to display colors and images accurately, but we cannot guarantee your monitor's display will be accurate
We reserve the right to limit sales to any person, geographic region, or jurisdiction
We may limit quantities of any products or Services offered
All product descriptions 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
We do not warrant that product quality, Services, or information will meet your expectations, or that any errors will be corrected

Section 6 – Accuracy of Billing and Account Information

We reserve the right to:

Refuse any order you place with us
Limit or cancel quantities purchased per person, per household, or per order
Limit or prohibit orders that appear to be placed by dealers, resellers, or distributors
Cancel or modify an order and notify you by email or phone

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 information, including your email address and credit card numbers and expiration dates.

Section 7 – Optional Tools

We may provide you with access to third-party tools over which we have no control or input.

We provide access to such tools "as is" and "as available" without any warranties, representations, or conditions
We shall have no liability whatsoever arising from your use of optional third-party tools
Any use of optional tools is entirely at your own risk and discretion
New Services and features offered through the website shall also be subject to these Terms of Service

Section 8 – 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 third-party content, accuracy, or materials
We are not liable for any harm or damages related to transactions made in connection with third-party websites
Please review the third party's policies carefully before engaging in any transaction

Section 9 – User Comments, Feedback, and Other Submissions

If you send us comments, creative ideas, suggestions, or other materials, you agree that we may edit, copy, publish, distribute, and use them without restriction
We are under no obligation to maintain confidentiality, pay compensation, or respond to any comments
We may, but have no obligation to, monitor, edit, or remove content that we determine to be unlawful, offensive, threatening, libelous, pornographic, or otherwise objectionable
You agree that your comments will not violate any third-party rights and will not contain unlawful, abusive, or obscene material
You may not use a false email address or mislead us about the origin of your comments
You are solely responsible for your comments and their accuracy

Section 10 – Personal Information

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

Section 11 – Errors, Inaccuracies, and Omissions

Information on our site may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, and availability
We reserve the right to correct any errors and change or update information or cancel orders without prior notice
We undertake no obligation to update information, except as required by law
It is your responsibility to monitor changes to our site

Section 12 – Prohibited Uses

You are prohibited from using the site or its content for:

Any unlawful purpose
Soliciting others to perform unlawful acts
Violating any regulations, rules, laws, or local ordinances
Infringing upon intellectual property rights
Harassment, abuse, discrimination, or defamation based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
Submitting false or misleading information
Uploading viruses or malicious code
Collecting or tracking personal information of others
Spamming, phishing, scraping, or crawling
Any obscene or immoral purpose
Interfering with or circumventing security features

We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

Section 13 – Disclaimer of Warranties; Limitation of Liability

Disclaimers

We do not guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free
We do not warrant that results obtained from the Service will be accurate or reliable
We may remove the Service for indefinite periods or cancel it at any time without notice
The Service and all products are provided 'as is' and 'as available' without any warranties, representations, or conditions of any kind

Limitation of Liability

In no case shall Clickformance LLC, TheEveryDayLabel, our directors, officers, employees, affiliates, agents, contractors, suppliers, or licensors be liable for:

Any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages
Lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages
Any errors or omissions in content
Any loss or damage arising from your use of the Service or any product

This applies even if we have been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.

Section 14 – Indemnification

You agree to indemnify, defend, and hold harmless Clickformance LLC, TheEveryDayLabel, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, suppliers, and employees from any claim or demand (including reasonable attorneys' fees) made by any third-party due to or arising out of:

Your breach of these Terms of Service
Your violation of any law or the rights of a third-party

Section 15 – Severability

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

Section 16 – Termination

The obligations and liabilities of the parties incurred prior to termination shall survive indefinitely
These Terms of Service are effective unless and until terminated by either you or us
You may terminate these Terms at any time by notifying us that you no longer wish to use our Services
We may terminate this agreement at any time without notice if you fail, or we suspect you have failed, to comply with any term or provision
You will remain liable for all amounts due up to and including the date of termination

Section 17 – Entire Agreement

Our failure to exercise or enforce any right or provision shall not constitute a waiver of such right or provision
These Terms of Service constitute the entire agreement and understanding between you and us and govern your use of the Service
These Terms supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party

Section 18 – Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Wyoming, United States of America.

Section 19 – 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 to update, change, or replace any part of these Terms at our sole discretion
It is your responsibility to check our website periodically for changes
Your continued use of or access to our website following any changes constitutes acceptance of those changes