Terms of Use

Welcome to the website of Shalmexxquablux, operated at shalmexxquablux.ddd. These Terms of Use ("Terms") constitute a legally binding agreement between you and Shalmexxquablux governing your access to and use of our website, including all pages, subpages, content, and features, and any related services we offer in connection with gift wrapping, handmade gifts, and gift consulting. By accessing, browsing, or using our site or services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use our website or our services. We reserve the right to modify these Terms at any time as set out below.

Eligibility

You must be at least 18 years of age and have the legal capacity to enter into a binding contract to use our website or to place orders for our gift wrapping, handmade gift, or consulting services. By using this website, you represent and warrant that you meet these requirements. If you are using the website on behalf of a business or other entity, you represent that you have the authority to bind that entity to these Terms.

Use of the Website

You may use our website only for lawful purposes and in accordance with these Terms. You agree not to use the site in any way that violates any applicable federal, state, local, or international law or regulation; infringes or misappropriates the intellectual property, privacy, or other rights of Shalmexxquablux or any third party; transmits any harmful, offensive, or unlawful material; disrupts or interferes with the operation, security, or integrity of our website, servers, or networks; attempts to gain unauthorized access to any part of our systems, data, or the accounts of other users; uses automated means (such as bots, scrapers, or scripts) to access or collect data from the site without our prior written consent; or impersonates or misrepresents your affiliation with any person or entity. You are responsible for maintaining the confidentiality of any account credentials and for all activity that occurs under your use of the site. We reserve the right to suspend or terminate your access to the website at any time, with or without notice, for any reason, including suspected violation of these Terms.

Intellectual Property

All content on this website, including but not limited to text, graphics, logos, trade names, images, photographs, illustrations, audio, video, software, and the overall design, layout, and compilation of the site (collectively, "Content"), is the property of Shalmexxquablux or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, or otherwise exploit any Content without our prior written consent. You may view and print a reasonable number of copies of Content for personal, non-commercial use only, provided you do not remove or alter any copyright, trademark, or other proprietary notices. Any unauthorized use of the Content may violate law and could result in legal action. The name Shalmexxquablux and associated logos and marks are our trademarks or trade dress and may not be used without our written permission.

Services and Orders

Our website provides information about our gift wrapping services, handmade gift sets, and gift consulting services. Inquiries and orders may be placed through the site, by phone, or by email. All orders and requests for services are subject to our acceptance. We may accept, decline, or cancel any order or service at our sole discretion, including due to availability, errors in pricing or product information, suspected fraud, or for any other reason. Pricing, product descriptions, and availability are subject to change without notice. Quotes provided are estimates unless otherwise specified and may be revised based on the final scope of work. Payment terms, delivery or pickup arrangements, and any special terms will be communicated at the time of order or in a separate agreement. Specific terms for returns, refunds, and exchanges are set out in our Return Policy, which is incorporated by reference into these Terms.

Accuracy of Information

We strive to ensure that information on our website, including product descriptions, pricing, and service details, is accurate and up to date. However, we do not warrant that any information on the site is error-free, complete, or current. We may correct errors, inaccuracies, or omissions and may change or update content at any time without prior notice. We are not liable for any reliance you place on information on the site. You are responsible for verifying the accuracy of any information before placing an order or making a decision. If you have questions about our products or services, please contact us using the details on our contact page.

User-Provided Content

If you submit any content to us through the website (such as messages, feedback, or photos), you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, and display such content as necessary to provide our services, respond to your inquiry, or improve our business. You represent that you own or have the right to submit such content and that it does not violate any third-party rights or applicable law. We are not obligated to use or retain any user-provided content and may remove it at any time.

Third-Party Links and Services

Our website may contain links to third-party websites, services, or resources (such as mapping services or font providers). We do not control and are not responsible for the content, privacy practices, terms of use, or availability of those third-party sites or services. Your use of third-party links is at your own risk. We do not endorse and are not liable for any content, products, or services offered by third parties. We encourage you to read the terms and privacy policies of any linked sites before using them.

Disclaimer of Warranties

Our website and all content, materials, and services are provided "as is" and "as available" without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. We do not warrant that the site will be uninterrupted, timely, secure, or free of errors, viruses, or other harmful components, or that defects will be corrected. No advice or information, whether oral or written, obtained by you from us or through the website will create any warranty not expressly stated in these Terms. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Shalmexxquablux or its officers, directors, employees, agents, licensors, or suppliers be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, or business opportunity, or for any cost of substitute services, arising out of or in any way related to your access to or use of the website or our services, even if we have been advised of the possibility of such damages. Our total aggregate liability for any and all claims arising out of or related to your use of the website or our services shall not exceed the greater of (a) the amount you paid to us for the relevant order or service in the twelve (12) months preceding the claim, or (b) one hundred United States dollars ($100). The foregoing limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless Shalmexxquablux and its officers, directors, employees, agents, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to (a) your use of the website or our services, (b) your violation of these Terms, (c) your violation of any law or the rights of a third party, (d) any content you submit to us, or (e) any dispute between you and any third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate with our defense of such claims.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the website or our services shall be subject to the exclusive jurisdiction of the state and federal courts located in Dallas County, Texas, and you consent to the personal jurisdiction of such courts. You waive any objection to venue or forum non conveniens. Any cause of action you may have must be commenced within one (1) year after the claim or cause of action arises, or it shall be permanently barred.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, and these Terms shall be construed as if such invalid, illegal, or unenforceable provision had never been included.

Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by us to be effective.

Entire Agreement

These Terms, together with our Privacy Policy, Cookies Policy, and Return Policy (each as referenced on this website), constitute the entire agreement between you and Shalmexxquablux regarding the website and our services and supersede any prior agreements, communications, or understandings, whether written or oral.

Changes

We may modify these Terms at any time. We will post the updated Terms on this page and indicate the date of the last update. Your continued use of the website after the posting of changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the website. We encourage you to review this page periodically. For material changes, we may provide additional notice where required by law.

Contact

For questions about these Terms of Use, please contact Shalmexxquablux using the contact information provided on our website at shalmexxquablux.ddd.