Terms of service

Terms of Service

Welcome to TheHotSpot! The terms “we”, “us” and “our” refer to TheHotSpot. TheHotSpot 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”). TheHotSpot is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you use the Services.

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, 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 store or purchasing any 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 information you provide 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 account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We make every effort to provide an accurate representation of our products and services. However, colors or product appearance may differ depending on the device you use and your device settings.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be exactly the same as depicted in our store.
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 may limit the quantities of any products that we offer to any person, geographic region, or jurisdiction.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. TheHotSpot reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until TheHotSpot confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - 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.
Prices posted in our online store may be different from prices offered in physical stores or in other stores operated by third parties. We may offer promotions from time to time that are governed by separate terms and conditions. If there is a conflict between promotion terms 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 and payment details, so that we can complete your transactions and contact you as needed.

SECTION 5 - SHIPPING AND DELIVERY
We are not liable 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 processing, high order volume, holidays, or events outside our control. Once 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 all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by TheHotSpot, its affiliates, or licensors and are protected by applicable 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 from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.
All rights not expressly granted herein are reserved by TheHotSpot.

SECTION 7 - OPTIONAL TOOLS
We may provide access to customer tools offered by third parties as part of the Services, which we neither monitor nor control. 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 arising from or relating to your use of optional third-party tools.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you decide to leave the Services to access third-party materials or sites, you do so at your own risk.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
TheHotSpot 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 TheHotSpot. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and TheHotSpot, including any injury, damage, or loss resulting from purchased products and services.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

SECTION 11 - FEEDBACK
If you submit any ideas, suggestions, reviews, proposals, or other content to us, you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such content in any medium for any purpose, including commercial use.
You represent and warrant that you own or have all necessary rights to any feedback you submit and that it will not violate any law or third-party rights.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, 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.

SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not use the Services for any unlawful purpose, to violate any laws, to infringe intellectual property rights, to harass or harm others, to transmit false or misleading information, to spam, to impersonate another person or entity, to upload malicious code, or to interfere with the security or proper functioning of the Services. We reserve the right to suspend or terminate your access if you violate these Terms.

SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services at any time without notice. You will remain liable for all amounts due up to and including the date of termination. Provisions that by their nature should survive termination shall survive termination.

SECTION 15 - 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.
EXCEPT AS EXPRESSLY STATED BY THEHOTSPOT, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, THEHOTSPOT, ITS AFFILIATES, PARTNERS, SERVICE PROVIDERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES.

SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless TheHotSpot, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, arising out of your breach of these Terms, your violation of any law, or your violation of any third-party rights.

SECTION 18 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms without affecting the validity and enforceability of any remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT
These Terms of Service and any policies posted by us on this site constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements, communications, and proposals.

SECTION 20 - ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms without restriction.

SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with applicable laws of the United States and the state in which TheHotSpot operates.

SECTION 22 - CHANGES TO TERMS OF SERVICE
We reserve the right to update, change, or replace any part of these Terms of Service by posting updates to our website. Your continued use of the Services following any such changes constitutes acceptance of those changes.

SECTION 23 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at theeehotspot@gmail.com