Terms and Conditions

OVERVIEW
Welcome to LastingCharge! The terms "we," "us," and "our" refer to LastingCharge. LastingCharge operates this store and website, including the information, content, features, tools, products, and services, to provide you, the customer, with a convenient shopping experience (the "Services"). LastingCharge is powered by Shopify, which allows us to provide the Services to you.

The following terms and conditions, together with any policies contained therein ("Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they include important information regarding 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 [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you are at least 18 years of age in the state or province in which you reside, and that you have given us your consent to allow minors registered with you to use the Services on devices owned, purchased, or operated by you.
To use the Services, including accessing or browsing online stores or purchasing products and services from us, you may be asked to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all rights necessary to provide such information.
Your account activity and the protection of your account credentials are your responsibility. You will not transfer, sell, assign, or license your account to anyone else.

SECTION 2 - OUR PRODUCTS
We have made every effort to accurately present our products and services in our online stores. However, the colors and appearance of products may vary depending on the type of device you use to access the store and the settings and configuration of that device.
We cannot guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to those described or displayed in our online stores.
All product descriptions 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 to limit quantities of products offered to any person, geographic area, or jurisdiction from time to time.

SECTION 3 - ORDERS
When you place an order, you are submitting an offer to purchase. LastingCharge reserves the right to accept or reject your order at its sole discretion for any reason. Your order is not confirmed until LastingCharge confirms acceptance. We must receive and process payment before accepting an order. Please carefully review your order before placing it, as LastingCharge may not be able to honor cancellation requests after it has been accepted. If we reject, modify, or cancel an order, we will notify you by contacting you via the email, billing address, and/or phone number you provided when placing the order.
Your purchases are subject to return or exchange only in accordance with our Refund Policy.
You represent and warrant that you are making purchases for your personal or family use and not for resale or export.


SECTION 4 - PRICES AND BILLING

Prices, discounts, and offers are subject to change without notice. The price charged for a product or service will be the actual price at the time you place your order, and you will be able to view it in your order confirmation email. Unless otherwise specified, published prices do not include taxes, customs fees, or shipping, handling, or import charges.
Prices published in our online stores may differ from prices offered in physical or online stores or other stores operated by third parties. We may occasionally offer offers on the Services that affect pricing and are subject to terms and conditions separate from these Terms. In the event of a conflict between the terms of an offer and these Terms, the terms of the offer will prevail.
For all purchases made in our stores, you agree to provide accurate, current, and complete purchase, payment, and account information. 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.
You represent and warrant that (i) the credit card information you provide is true, accurate, and complete, (ii) you are authorized to use such credit card for purchases, (iii) charges incurred will be honored by your credit card company, and (iv) you will pay the charges incurred according to the posted prices, including shipping and handling fees and all other taxes, if applicable.


SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs procedures, or events beyond our control. Once the products are transferred to the carrier, title and risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, branding, text, visualizations, images, graphics, product reviews, video, and audio, as well as the design, selection, and arrangement thereof, are the property of LastingCharge, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and intellectual property laws.
These Terms permit you to use the Services solely for your personal, non-commercial use. You will not reproduce, distribute, modify, create copies, publicly display, perform, republish, download, store, or transmit any material related to the Services without our written consent. Except as expressly stated, nothing in these Terms grants or may be construed as granting any license or other rights to you under any patent, trademark, copyright, or other intellectual property of LastingCharge, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by LastingCharge.
LastingCharge names, logos, product and service names, designs, and slogans are trademarks of LastingCharge or its affiliates or licensors. You may not use such trademarks without the written permission of LastingCharge. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may have access to customer tools offered by third parties as part of the Services, which we do not review, control, or incorporate.
You understand and agree that we provide access to such tools "as is" and "as available" without any warranty, representation, or condition, and without any endorsement. We have no liability arising from or relating to your use of optional third-party tools.
Your use of optional tools offered through the site is at your own risk and discretion, and you are responsible for familiarizing and accepting the terms governing such tools provided by the relevant third-party provider(s).
We may offer new features through the Services in the future (including the release of new tools and resources). Such new features will be deemed part of the Services and subject to these Terms of Service.


SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including 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 choose to leave the Services to access such materials or third-party websites, you do so at your own risk.
We are not responsible for any problems or harm related to your access to third-party websites, or your purchase or use of products, services, resources, or content on third-party websites. Please review the applicable third-party's policies and practices carefully and understand them before engaging in any transaction. Any complaints, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
LastingCharge is operated by Shopify, which allows us to provide you with the Services. However, sales and purchases made by you on our Store are made directly with LastingCharge. By using the Services, you understand and agree that Shopify is not responsible for any aspect of the sales between you and LastingCharge, including any injuries, damages, or losses resulting from the purchase of products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to purchases and transactions made by you with LastingCharge.

SECTION 10 - PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal data may be subject to Shopify's Privacy Policy, available here. By using the Services, you confirm that you have read those privacy policies.
As a supporter of the Services, Shopify collects and processes personal data related to your access to and use of the Services to provide and improve the Services for you. In order to provide and improve the Services for you, the data you submit to the Services will be transmitted and shared with Shopify and third parties who may be located in countries other than your own. Please see our privacy policy for more information on how we, Shopify, and our partners use your personal data.


SECTION 11 - FEEDBACK
When you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, transferable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media for any purpose, including commercial purposes. For example, we may enforce our rights under this license to operate, provide, evaluate, improve, enhance, and promote the Services, and to perform our obligations and exercise our rights as set forth in the Terms of Service.
Furthermore, you acknowledge and agree that: (i) you own the necessary rights to all Feedback; (ii) you have disclosed any rewards or incentives received for submitting Feedback; and (iii) your Feedback complies with these Terms. We are not and will not be obligated to (1) maintain your Feedback confidential; (2) pay you for your Feedback; or (3) respond to your Feedback.
Although we are not obligated to do so, we may monitor, edit, or remove Feedback that, in our sole discretion, is unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or violates any intellectual property rights or these Terms of Service.
You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, individuality, or any other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, offensive, or obscene content, nor will it contain viruses or other computer malware that could affect the operation of the Services or any linked website. You will not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of your Feedback. Your Feedback and its accuracy are your sole responsibility. We assume no liability for Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
The information on or included in the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, offers, promotions, 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 in the event of errors at any time without prior notice (including after an order has been submitted).

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, for: (a) any illegal or malicious purposes; (b) to violate any local, provincial, state, federal, or international regulations, rules, laws, or ordinances; (c) to infringe or violate our intellectual property rights or those of others; (d) harass, bully, insult, harm, defame, slander, disparage, intimidate, or otherwise harm our employees or anyone else; (e) transmit false or misleading information; (f) send, receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) transmit or solicit the sending of any advertising or promotional materials, including "junk email," "chain letters," "spam," or other similar solicitations; (h) impersonate or attempt to impersonate any other person or entity; (i) engage in any other conduct that inhibits or inhibits anyone else's use of or access to the Services, or that we deem harmful to LastingCharge, Shopify, or users of the Services, or exposes them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that may be used to affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or disclose any portion of the Services; (c) collect or track other people's personal information; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (e) interfere with or circumvent the security features of the Services or related websites, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we believe you have violated any part of these Terms.



SECTION 14 - TERMINATION
We may terminate this Agreement or your access to the Services (or any part thereof) at any time at our discretion and without notice; you will remain liable for all amounts due up to the date of termination.
The following sections will survive termination: Intellectual Property, Feedback, Termination, Limitation of Warranties, Limitation of Liability, Indemnity, Severability, Waiver, Entire Agreement, Assignment, Applicable Laws, Privacy Policy, and any other provisions that, by their nature, survive termination.

SECTION 15 - LIMITATION OF WARRANTIES
The information presented on or through the Services is made available solely for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of such information. Your reliance on such information is solely at your own risk. We assume no liability for any such materials by you, any visitor to the Services, or anyone who may be informed of any such content.
EXCEPT AS EXPRESSLY STATED BY LastingCharge, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY OF SERVICE, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS MAY LIMIT OR PROHIBIT THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LastingCharge, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, MERCHANTS, SERVICE PROVIDERS, OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUES, LOST REVENUES, LOSS OF DATA, COSTS OF REPLACEMENT, OR OTHER SIMILAR DAMAGES, WHETHER IN CONTRACT, STRICT LIABILITY, OR OTHERWISE. IN TORT (INCLUDING NEGLIGENCE) OR ARISING OUT OF YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES; OR FOR ANY OTHER CLAIMS RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCTS) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.


SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold LastingCharge, Shopify, and our affiliates, partners, officers, directors, employees, agents, merchants, licensors, and service providers harmless from any loss, damage, liability, or claim, including reasonable attorneys' fees, made by any third party resulting from: (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of any third party, or (3) your access to or use of the Services.
We will notify you of any indemnified claims, provided that delayed notification does not relieve you of your obligations unless you are materially affected. We may control the defense and settlement of such claims at your expense, including the selection of counsel, but we will not settle claims requiring non-financial obligations on your part without your consent (which may not be withheld without reasonable cause). You will cooperate in the defense of unindemnified claims, including by providing relevant documents.

SECTION 18 - SEVERABILITY
If any provision of these Terms of Service is held to be unlawful, void, or unenforceable, it shall be unenforceable to the extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT
Shopify's 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 Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, 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 of Service).
Any ambiguities in the interpretation of these Terms and Conditions of Service shall not be construed against the contracting party.



SECTION 20 - ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our written consent; any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without notice or your consent.

SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements under which we provide you with Services shall be governed by and construed in the federal, state, or territorial courts in the jurisdiction in which Lifely is located. You and Lifely consent to venue and personal jurisdiction in those courts.

SECTION 22 - HEADINGS
The headings used in this agreement are for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to periodically check our website for changes. We will notify you of any material changes to these Terms of Service in accordance with applicable law, and such changes will be effective as of the date indicated in the notice. Your continued use of or access to the Services following any changes to the Terms of Service constitutes your acceptance of those changes.

SECTION 24 - CONTACT INFORMATION
Questions regarding the Terms of Service should be sent to lastingcharge.assistance@gmail.com.

LastingCharge