TERMS OF SERVICE — HALLOWEEN CHILLS

OVERVIEW

Welcome to Halloween Chills! This website and store are operated by Halloween Chills ("Halloween Chills," "we," "us," "our"). Halloween Chills operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Halloween Chills is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SEE SECTION 24) THAT WAIVE YOUR RIGHT TO A COURT HEARING, A JURY TRIAL, AND PARTICIPATION IN A CLASS ACTION. ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ALL DISPUTES UNLESS YOU OPT OUT AS DESCRIBED IN SECTION 24.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 — ACCESS AND ACCOUNT

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, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 — OUR PRODUCTS

We have made every effort to provide an accurate representation of our Halloween decorations, props, and seasonal products in our online store. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration. In addition, certain product photos may show decorations styled in a scene (for example, in low light, with fog effects, or combined with other items); only the item described in the product listing is included in your purchase unless expressly stated otherwise.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or 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. Because our products are seasonal, we reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis. Any offer for any product or service made through the Services is void where prohibited.

SECTION 3 — PRODUCT SAFETY AND INTENDED USE

Our products are decorative items intended for seasonal display only, unless otherwise stated in the product listing. Unless expressly labeled as such, our products are not toys and are not intended for use by children. Some decorations may contain small parts, cords, or other components that can present a choking, strangulation, or entanglement hazard to young children and pets; keep such items out of their reach.

Decorations are not intended to come into contact with open flames, candles, heat sources, or food unless the product listing expressly states otherwise. Products marked for indoor use should not be used outdoors. For electrical or battery-powered decorations, always follow the instructions included with the product, do not use products with damaged cords or components, and do not leave powered decorations unattended for extended periods.

You are responsible for using our products safely and as intended. Halloween Chills is not responsible for damage or injury resulting from misuse, modification, or use of products contrary to their instructions or intended purpose.

SECTION 4 — ORDERS

When you place an order, you are making an offer to purchase. Halloween Chills reserves the right to accept or decline your order for any reason at its discretion, and we may require additional information before processing any order. Your order is not accepted until Halloween Chills confirms acceptance; an automated order confirmation email does not by itself signify our acceptance of your order. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Halloween Chills may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made. If we decline or cancel your order after payment, you will receive a refund to your original form of payment, and you agree that we will not be liable for any losses or damages resulting from our refusal to provide any product or service.

Your purchases are subject to return or exchange solely in accordance with our Refund & Return Policy and Section 7 (Returns and Refunds) below.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale, redistribution, or export. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

SECTION 5 — PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges; all such charges will be itemized in your cart and order confirmation email. All charges are in U.S. Dollars.

Prices posted in our online store may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services — including seasonal or Halloween countdown promotions — that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

By submitting payment information to us, you represent and agree that: (i) you are fully authorized to use that card or account; (ii) all payment information provided is complete and accurate; (iii) charges incurred by you will be honored by your card issuer; and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, and sufficient funds exist to pay the amount(s) due.

We and our third-party payment service providers may request, and may receive, updated credit or debit card information from your card issuer, such as updated card numbers and expiration dates when your card has expired or was reissued. If such updated information is provided to us, we will update your account information accordingly. Your card issuer may give you the right to opt out of providing vendors and third-party payment service providers with updated card information; if you wish to opt out, contact your card issuer.

We are not responsible for any fees or charges that your bank or card issuer may apply. If your bank or card issuer reverses a charge, we may bill you directly and seek payment by another method, including a mailed statement, and we may suspend or cancel any pending or future orders.

SECTION 6 — SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. This applies in particular during the peak Halloween season (September and October), when carriers experience high volumes. If you need your decorations by a specific date, such as October 31, please order well in advance. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you.

Halloween Chills ships to addresses located in the United States.

An accurate shipping address and phone number are required. We are not responsible for late, lost, or missing shipments if you enter incorrect or incomplete shipping address information. If you discover that you have made a mistake with your order after it has been submitted, or wish to cancel your order before it has been shipped, please contact Customer Support at support@halloweenchills.com as soon as possible. We cannot guarantee that we will be able to amend or cancel your order.

Delivery Confirmation. Because many circumstances may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to the purchaser, even without a signature.

SECTION 7 — RETURNS AND REFUNDS

Halloween Chills offers a thirty (30) day return policy, according to the following terms. To be eligible, your return request must be submitted within thirty (30) days from the date that you received your order, and items must be unused, in their original condition, and in the original packaging. Returns are only valid on products purchased directly from halloweenchills.com. To start a return, email support@halloweenchills.com with your order number; our team will provide the return address and instructions. Items shipped back without prior instruction from our support team cannot be processed or refunded on that basis. Return shipping costs are the responsibility of the customer, unless the return is due to our error (damaged, defective, or incorrect items).

If your order arrives damaged or defective, or if you received the wrong item, contact us at support@halloweenchills.com with your order number and a photo of the item and packaging, and we will send a replacement or issue a refund, at your choice, without requiring a return.

For approved refunds, Halloween Chills will refund the purchase price to the same payment method used to place the order. Original shipping and handling fees are non-refundable, unless the refund is due to our error. Refund requests submitted outside the applicable refund window will not be approved. After a refund is approved and processed, it may take up to ten (10) days for the refund to be posted to your account, depending on your financial institution.

All returns and exchanges are governed by our Refund & Return Policy: https://halloweenchills.com/policies/refund-policy.

SECTION 8 — INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Halloween Chills, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

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 expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Halloween Chills, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Halloween Chills.

Halloween Chills' names, logos, product and service names, designs, and slogans are trademarks of Halloween Chills or its affiliates or licensors. You must not use such trademarks without the prior written permission of Halloween Chills. 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 on the Services are the trademarks of their respective owners.

SECTION 9 — OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, 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 the 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 features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 10 — THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (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 and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 11 — RELATIONSHIP WITH SHOPIFY

Halloween Chills is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Halloween Chills. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Halloween Chills, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Halloween Chills.

SECTION 12 — PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed at https://halloweenchills.com/policies/privacy-policy, and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed at https://www.shopify.com/legal/privacy. By using the Services, you acknowledge that you have read these privacy policies. The Privacy Policy is incorporated into these Terms by reference.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

SECTION 13 — FEEDBACK, REVIEWS, AND OTHER SUBMISSIONS

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, testimonials, photographs (for example, photos of your Halloween setup featuring our products), proposals, plans, or other content (collectively, "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 and advertising relating to our products and services, together with the name you submit with it. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. Testimonials reflect individual experiences and do not represent the generally expected user experience.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (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.

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 or violates any party's intellectual property or these Terms of Service.

You agree that your Feedback 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 Feedback 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 Services 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 Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 14 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services 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 is inaccurate at any time without prior notice (including after you have submitted your order). We are not responsible for pricing, typographical, or other errors in any offer by us, and we reserve the right to cancel any orders arising from such errors.

SECTION 15 — PROHIBITED USES

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 the intellectual property rights 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 determined by us, may harm Halloween Chills, Shopify 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 be used in any way that will 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 have violated any part of these Terms.

SECTION 16 — ELECTRONIC COMMUNICATIONS

You consent to receive electronic communications from Halloween Chills, either in the form of email sent to the email address you provide or by communications posted on the Services. You acknowledge and agree that such electronic communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing and have the same force and effect as if they were in writing and signed by the party sending the communication. It is your responsibility to keep your email address current.

SECTION 17 — SMS/TEXT MESSAGING

By providing your telephone number to Halloween Chills and consenting to SMS marketing at checkout or via our subscription tools, you agree to receive recurring transactional and marketing text messages from or on behalf of Halloween Chills (including order updates, abandoned checkout reminders, offers, and review requests), even if your mobile number is registered on any state or federal do-not-call list. Consent is not a condition of purchase. Message frequency varies. Message and data rates may apply; you are responsible for all charges imposed by your wireless provider. Carriers are not liable for delayed or undelivered messages.

Text messaging originator opt-in data and consent will not be shared with any third parties, except as necessary to provide the SMS service (e.g., with platform providers, aggregators, and service providers who assist in the delivery of text messages). Mobile phone contact information will not be shared, sold, rented, or otherwise disclosed to third parties for their own marketing or promotional purposes. SMS data will be used solely to administer the messaging program and in accordance with our Privacy Policy.

You may withdraw your consent at any time by replying STOP to any message you receive from us or by using the unsubscribe mechanism provided in our messages. You understand and agree that alternative methods of opting out, such as using alternative words, will not be considered a reasonable means of opting out. For support, reply HELP or contact support@halloweenchills.com. We may modify any telephone number or short code we use to operate the service at any time, and messages you send to a changed number, including STOP or HELP requests, may not be received.

SECTION 18 — TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and 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, Reviews, and Other Submissions; Termination; Disclaimer of Warranties; Limitation of Liability; Indemnification; Force Majeure; Governing Law; Dispute Resolution — Binding Arbitration and Class Action Waiver; Severability; Waiver; Entire Agreement; Assignment; No Third-Party Beneficiaries; Privacy Policy; and any other provisions that by their nature should survive termination.

SECTION 19 — DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available 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 placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY STATED BY HALLOWEEN CHILLS, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE 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. 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 SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 20 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL HALLOWEEN CHILLS, 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 INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, REPLACEMENT COSTS, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING 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, 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 SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

IF, NOTWITHSTANDING THE FOREGOING, HALLOWEEN CHILLS IS FOUND LIABLE UNDER ANY THEORY, HALLOWEEN CHILLS' TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, AND YOUR EXCLUSIVE REMEDY, WILL BE LIMITED TO THE GREATER OF (A) THE AMOUNT YOU HAVE PAID HALLOWEEN CHILLS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100.00).

CERTAIN JURISDICTIONS, INCLUDING BUT NOT LIMITED TO NEW JERSEY, PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LIMIT THE ABILITY TO DISCLAIM IMPLIED WARRANTIES. IF YOU ARE A CUSTOMER FROM SUCH A JURISDICTION, THE SECTIONS TITLED "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITY" ARE INTENDED TO BE ONLY AS BROAD AS PERMITTED UNDER THE LAWS OF YOUR JURISDICTION, AND IF YOU ARE LOCATED IN NEW JERSEY, THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO YOU TO THE EXTENT PROHIBITED. TO THE EXTENT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

SECTION 21 — INDEMNIFICATION

You agree to indemnify, defend and hold harmless Halloween Chills, Shopify, and our and their respective parents, subsidiaries, 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 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, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but 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 22 — FORCE MAJEURE

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, pandemic, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication breakdown or power outage.

SECTION 23 — 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, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any other jurisdiction. Subject to Section 24 (Dispute Resolution), you and Halloween Chills consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Wyoming.

SECTION 24 — DISPUTE RESOLUTION — BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS PROVISION CAREFULLY; IT REQUIRES YOU TO ARBITRATE ANY DISPUTE OR CLAIM BETWEEN YOU AND HALLOWEEN CHILLS ON AN INDIVIDUAL BASIS AND AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

(a) YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO THIS ARBITRATION PROVISION, HALLOWEEN CHILLS' PRIVACY POLICY OR THESE TERMS, HALLOWEEN CHILLS' ADVERTISING OR MARKETING PRACTICES, OR HALLOWEEN CHILLS' PRODUCTS OR SERVICES SHALL BE SUBMITTED TO BINDING, FINAL, AND CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS CONSUMER ARBITRATION RULES. THIS ARBITRATION PROVISION SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT ("FAA"), 9 U.S.C. §§ 1-16, AND THE ARBITRATOR SHALL BE BOUND BY THE TERMS OF THIS ARBITRATION PROVISION. THE ARBITRATOR SHALL HAVE THE EXCLUSIVE AND SOLE AUTHORITY FOR DETERMINING WHETHER A DISPUTE OR CLAIM IS ARBITRABLE. THE ARBITRATOR SHALL FOLLOW APPLICABLE SUBSTANTIVE LAW OF THE STATE OF WYOMING TO THE EXTENT CONSISTENT WITH THE FAA, AND SHALL BE AUTHORIZED TO AWARD ALL REMEDIES AVAILABLE IN AN INDIVIDUAL LAWSUIT UNDER SUBSTANTIVE LAW, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, STATUTORY AND PUNITIVE DAMAGES, DECLARATIVE, INJUNCTIVE AND OTHER EQUITABLE RELIEF, INCLUDING PUBLIC INJUNCTIVE RELIEF, AND ATTORNEYS' FEES AND COSTS WHERE AVAILABLE UNDER APPLICABLE SUBSTANTIVE LAW. THE ARBITRATOR MAY ONLY RESOLVE DISPUTES OR CLAIMS BETWEEN YOU AND HALLOWEEN CHILLS AND MAY NOT CONSOLIDATE CLAIMS OR PROCEEDINGS WITHOUT HALLOWEEN CHILLS' CONSENT. THE ARBITRATOR MAY NOT HEAR CLASS OR REPRESENTATIVE CLAIMS OR REQUESTS FOR RELIEF ON BEHALF OF OTHER INDIVIDUALS. IF A COURT OR ARBITRATOR DECIDES THAT ANY PART OF THIS AGREEMENT TO ARBITRATE CANNOT BE ENFORCED AS TO A PARTICULAR CLAIM FOR RELIEF OR REMEDY, THEN THAT CLAIM OR REMEDY (AND ONLY THAT CLAIM OR REMEDY) MUST BE BROUGHT IN COURT AND ANY OTHER CLAIMS MUST BE ARBITRATED.

(b) NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU AGREE THAT HALLOWEEN CHILLS HAS THE RIGHT TO BRING A CLAIM AGAINST YOU IN THE STATE OR FEDERAL COURTS OF WYOMING FOR INJUNCTIVE RELIEF, EQUITABLE RELIEF, OR OTHERWISE ARISING FROM ANY POTENTIAL OR ACTUAL MISAPPROPRIATION OR INFRINGEMENT OF HALLOWEEN CHILLS' INTELLECTUAL PROPERTY RIGHTS, AND YOU AGREE THAT VENUE IS PROPER AND THAT YOU ARE SUBJECT TO PERSONAL JURISDICTION IN SUCH FORUM.

(c) UNLESS YOU TIMELY OPT OUT, YOU WILL NOT HAVE THE RIGHT TO: (A) HAVE A COURT OR JURY DECIDE YOUR DISPUTE OR CLAIM; (B) OBTAIN INFORMATION PRIOR TO THE HEARING TO THE SAME EXTENT THAT YOU WOULD HAVE IN COURT; (C) PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR CLASS OPPONENT; (D) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; OR (E) JOIN OR CONSOLIDATE YOUR DISPUTE OR CLAIM WITH THE DISPUTE OR CLAIM OF ANY OTHER PERSON. OTHER RIGHTS THAT YOU WOULD HAVE HAD IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.

(d) YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE THAT YOU PURCHASED A PRODUCT OR SERVICE THROUGH HALLOWEEN CHILLS' WEBSITE BY SENDING AN EMAIL TO SUPPORT@HALLOWEENCHILLS.COM WITH THE SUBJECT LINE "ARBITRATION OPT-OUT," STATING YOUR NAME, THE PRODUCT YOU PURCHASED, AND YOUR INTENT TO OPT OUT OF ARBITRATION.

SECTION 25 — 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 26 — WAIVER; 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, your order confirmation, 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 of Service shall not be construed against the drafting party.

SECTION 27 — 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, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you, including in connection with a merger, acquisition, or sale of assets.

SECTION 28 — NO THIRD-PARTY BENEFICIARIES

These Terms do not and are not intended to confer any rights or remedies upon any person other than you, except that Shopify and its affiliates are intended beneficiaries of Sections 11, 20, and 21 to the extent those sections reference them.

SECTION 29 — HEADINGS

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

SECTION 30 — 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 Terms of Service 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, and such changes will be effective on the date specified 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 31 — CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@halloweenchills.com.

Halloween Chills support@halloweenchills.com