TERMS OF SERVICE

OVERVIEW

This website is operated by LoopyCases®. Throughout the site, the terms “we”, “us” and “our” refer to LoopyCases®. LoopyCases® 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 (including our Privacy Policy). These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

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. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the 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 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. They provide 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 are 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 this site.   

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 

You must not transmit any worms or viruses or any code of a destructive nature.

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

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the website through which the service is provided, without our express written permission.   

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 or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.   

This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. 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 you are responsible for monitoring changes to our site.   

SECTION 4 - MODIFICATIONS TO SERVICE, PRICES, AND SHIPPING   

Prices for our products, shipping costs, shipping carriers, and free shipping eligibility or thresholds are subject to change at any time without notice.   

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, shipping cost or carrier change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS, SERVICES, AND WARRANTY CLAIMS   

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display the colors and images of our products as accurately as possible. We cannot guarantee that your computer monitor or mobile device screen's display of any color or texture will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. 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. Any offer for any product or service made on this site is void where prohibited.

Product Safety & Intended Use: Loopy Cases and our accessories are not toys. Do not chew them, put them in your mouth, or give them to infants, children, or pets as play items.

Warranty & Claims Verification: We reserve the right to inspect, verify, and approve or reject any warranty claims, return requests, or product defect claims at our sole discretion. We explicitly reserve the right to deny warranty coverage, replacements, or refunds if we suspect or determine that photos, videos, or other documentation submitted in support of a claim have been altered, edited, manipulated, AI-generated, or AI-enhanced.

SECTION 6 - ACCURACY OF BILLING, ORDER CANCELLATIONS, AND FRAUD PREVENTION

We reserve the right to refuse, limit, or cancel any order you place with us for any reason at our sole discretion. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

Order Cancellation & Policy Abuse: We explicitly reserve the right to refuse service, cancel orders, block email addresses or shipping destinations, and limit accounts at our sole discretion. This includes, but is not limited to, accounts or addresses exhibiting patterns of policy abuse, false or fraudulent claims, repeated non-receipt claims following carrier delivery confirmation, filing unwarranted chargebacks, or placing orders intended for unauthorized resale or distribution.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We do not accept forwarding addresses or hotel addresses for shipping purposes.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” 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 by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services 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 the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third-party's policies and practices carefully and make sure you understand them before you engage in any transaction. Direct complaints, claims, concerns, or questions about third-party products to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. 

You may 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 any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION & COOKIES

Your submission of personal information through the store and your consent to automated data tracking (including cookies and pixels) is governed by our Privacy Policy. To view our Privacy Policy, please visit https://www.loopycases.com/policies/privacy-policy.

SECTION 11 - CALIFORNIA PROPOSITION 65 WARNING

Pursuant to California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65), we provide notice that certain products sold on this website, including phone cases, materials, and accessories, may contain trace amounts of chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm.

While our products comply with all applicable federal safety and material standards and contain chemical levels well within legal safety limits for normal use, California law requires this formal disclosure notice. For more information, visit www.P65Warnings.ca.gov. 

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 13 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

• (a) for any unlawful purpose;

• (b) to solicit others to perform or participate in any unlawful acts;

• (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;

• (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

• (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

• (f) to submit false or misleading information;

• (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

• (h) to collect or track the personal information of others;

• (i) to spam, phish, pharm, pretext, spider, crawl, or scrape;

• (j) for any obscene or immoral purpose; or

• (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

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

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall LoopyCases®, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 15 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless LoopyCases® and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, 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 or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 16 - SEVERABILITY

In the event that 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, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 - MOBILE MESSAGE SERVICE TERMS AND CONDITIONS

The Loopy® Cases mobile message service (the "SMS Service") is operated by Loopy Cases LLC (“Loopy®”, “we”, or “us”). Your use of the SMS Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the SMS Service or any of its features without notice. We may also modify these Mobile Terms at any time and your continued use of the SMS Service following the effective date of any such changes shall constitute your acceptance of such changes.

• Costs & Rates: We do not charge for the SMS Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Standard message and data rates may apply.

• Service Description & Frequency: If you opt in, the SMS Service provides order notifications, account updates, customer support, and marketing offers (e.g., cart reminders) from Loopy® via text messages through your wireless provider. Message frequency varies based on user interactions.

• Opt-In & Autodialer Disclaimer: Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services.

• Opt-Out Instructions: Text the single keyword command STOP in reply to any of our text messages to cancel at any time. You will receive a one-time opt-out confirmation text message. If you have subscribed to multiple Loopy® mobile message programs, you may need to opt out separately from those programs by following instructions in their respective mobile terms.

• Support Instructions: For SMS Service support or assistance, reply SUPPORT to any of our text messages or contact our support team directly via email at team@loopycases.com.

• Number Changes: We may change any short code or telephone number we use to operate the SMS Service at any time. You acknowledge that any messages, including any STOP or HELP requests, sent to a changed short code or telephone number may not be received, and we will not be responsible for honoring requests made in such messages.

• Carrier Liability Exclusions: The wireless carriers supported by the SMS Service are not liable for delayed or undelivered messages.

• Accuracy & Indemnification: You agree to provide us with a valid mobile number and maintain accurate information with us. You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages, or costs arising from your providing a mobile phone number that is not your own.

• Limitation of Liability: You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the SMS Service, any errors in such information, and/or any action you may or may not take in reliance on the information or SMS Service.

SECTION 18 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 19 - ENTIRE AGREEMENT

The failure of us 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 Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, 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 of Service shall not be construed against the drafting party.

SECTION 20 - 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 Indiana, United States, without regard to its conflict of law principles.

SECTION 21 - 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, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. You are responsible for checking our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 22 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to our customer support team at team@loopycases.com.