Terms of service

GENERAL

Welcome to OPFIELD! The terms “we”, “us” and “our” refer to OPFIELD. OPFIELD operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a customized shopping experience (the “Services”). OPFIELD is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referenced herein (collectively, the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully. They contain important information about your legal rights and cover areas including disclaimers and limitations of liability.

By accessing, 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 our Privacy Policy, you must not access or use 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 the state or province in which you reside, and that you have given us permission to allow any minor dependents to use the Services on devices that you own, purchase or control.

To use the Services, including accessing or browsing our online stores or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing address, shipping address and payment information.

You represent and warrant that all information you provide in our store is accurate, current and complete and that you have all rights necessary to provide such information.

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

SECTION 2 — OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that product colors or appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not guarantee that the appearance or quality of products or services purchased by you will meet your expectations or be identical to those shown or described in our online stores.

All product descriptions may be changed at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region or jurisdiction on a case-by-case basis.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. OPFIELD reserves the right to accept or decline your order for any reason at our sole discretion.

Your order is not accepted until OPFIELD confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as OPFIELD may not be able to process cancellation requests after an order has been accepted.

If we do not accept, modify or cancel an order, we will attempt to notify you using the email address, billing address and/or telephone number provided when the order was placed.

Purchases may only be returned or exchanged in accordance with our Returns & Refunds Policy.

You represent and warrant that your purchases are for personal or household use and not for commercial resale.

SECTION 4 — PRICING AND BILLING

Prices, discounts and promotions may change without notice.

The price charged for a product or service will be the price in effect when the order is placed and will be stated in your order confirmation email.

Unless expressly stated otherwise, listed prices do not include applicable taxes, shipping and handling charges, or customs and import duties.

Prices in our online stores may differ from prices offered in physical stores or other online stores operated by third parties.

From time to time, we may offer promotions through the Services that affect pricing and are subject to separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will apply.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through 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 when necessary.

You represent and warrant that any payment information you provide is truthful, accurate and complete, that you are authorized to use the payment method provided, and that all charges incurred by you will be honored and paid at the applicable prices, including shipping, handling and applicable taxes.

SECTION 5 — SHIPPING AND DELIVERY

We are not responsible for delays in shipping or delivery.

All delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by carriers, customs clearance or events beyond our reasonable control.

Any transfer of risk or title will be handled in accordance with applicable law.

SECTION 6 — INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brand names, text, displays, images, graphics, product designs, video, audio, and the design, selection and arrangement thereof, are owned by OPFIELD, its affiliates or licensors and are protected by applicable intellectual property laws.

These Terms allow you to use the Services solely for personal, non-commercial purposes.

You may 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 permission.

Except as expressly provided in these Terms, nothing in these Terms grants you any license or other rights under any patent, trademark, copyright or other intellectual property belonging to OPFIELD, Shopify or any third party.

Unauthorized use of the Services may violate applicable intellectual property laws. All rights not expressly granted are reserved by OPFIELD.

The OPFIELD name, logo, product and service names, designs and slogans are trademarks of OPFIELD or its affiliates or licensors. You may not use such trademarks without prior written permission from OPFIELD.

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 provided by third parties as part of the Services. We do not control or have input into these tools.

You acknowledge and agree that we provide access to such tools “as is” and “as available”, without warranties, representations or conditions of any kind and without endorsement.

We have no liability arising from or relating to your use of optional third-party tools.

Any use of optional tools made available through the site is entirely at your own risk and discretion. You should ensure that you understand and agree to the terms under which such tools are provided by the relevant third-party providers.

We may also introduce new features through the Services in the future, including new tools and resources. Such new features will also be 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 third-party materials or websites that you choose to access.

If you leave the Services to access third-party websites or materials, you do so at your own risk.

We are not liable for any damage or loss related to your access to third-party websites or your purchase or use of products, services, resources or content available through third-party websites.

Please carefully review the policies and practices of any third party before entering into a transaction with them.

Complaints, claims, concerns or questions regarding third-party products and services should be directed to the applicable third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

OPFIELD is powered by Shopify, which enables us to provide the Services to you.

However, all sales and purchases made through our store are directly between you and OPFIELD.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of a transaction between you and OPFIELD, including injury, damage or loss resulting from products or services purchased.

You expressly release Shopify and its affiliates from any claims, damages and liabilities arising from or related to your purchases and transactions with OPFIELD, to the extent permitted by applicable law.

SECTION 10 — PRIVACY POLICY

All personal information collected through the Services is subject to our Privacy Policy.

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.

Information you submit through the Services may be transmitted to and shared with Shopify and third parties located in countries other than your country of residence in order to provide services to you.

Please review our Privacy Policy for more information about how OPFIELD, Shopify and our partners use personal information.

By using the Services, you acknowledge that you have read the applicable privacy policies.

SECTION 11 — FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, 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 and for any purpose, including commercial purposes.

We may use these rights to operate, provide, evaluate, improve and promote the Services and to fulfill our obligations and exercise our rights under these Terms.

You represent and warrant that:

• You own or have all necessary rights to the Feedback you provide.

• You have disclosed any compensation or incentives received in connection with your Feedback.

• Your Feedback complies with these Terms.

We are not required to keep your Feedback confidential, pay compensation for your Feedback, or respond to your Feedback.

We may monitor, edit or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that violates the intellectual property rights of any party or these Terms. We are not obligated to do so.

You agree that your Feedback will not infringe any rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights.

You further agree that your Feedback will not contain defamatory, unlawful, abusive or obscene material, or any computer virus or other malware that could affect the operation of the Services or any related website.

You may not use a false email address, impersonate another person or entity, or otherwise mislead us or third parties regarding the origin of Feedback.

You are solely responsible for all Feedback you provide and its accuracy. We take no responsibility and assume no liability for Feedback posted by you or any third party.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

From time to time, information on or within the Services may contain typographical errors, inaccuracies or omissions relating 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 and without prior notice, including after you have submitted an order.

SECTION 13 — PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not use the Services directly or indirectly:

• For any unlawful or malicious purpose.

• To violate any applicable international, federal, national, provincial, state or local law, regulation or ordinance.

• To infringe or violate our intellectual property rights or the intellectual property rights of others.

• To harass, abuse, insult, harm, defame, intimidate or discriminate against our employees or other persons.

• To submit false or misleading information.

• To transmit, knowingly receive, upload, download, use or reuse material that does not comply with these Terms.

• To send or facilitate the sending of advertising or promotional material, including junk mail, chain letters, spam or similar solicitations.

• To impersonate or attempt to impersonate another person or entity.

• To engage in any other conduct that restricts or inhibits another person's use or enjoyment of the Services, or that may harm OPFIELD, Shopify or users of the Services or expose them to liability.

You further agree not to:

• Upload or transmit viruses or other malicious code that may affect the functionality or operation of the Services.

• Reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services.

• Collect or track the personal information of others.

• Spam, phish, pharm, pretext or otherwise attempt to deceive users.

• Use robots, spiders, scraping tools, data collection or extraction tools, automated devices or processes, AI tools or other automated or manual means to access the Services in violation of these Terms.

• Interfere with, bypass, disable or circumvent security or authorization features, robot exclusion headers or other measures used to restrict access to the Services.

We reserve the right to suspend, disable or terminate your account at any time and without prior notice if we determine that you have violated any part of these Terms.

SECTION 14 — AGENTS

14.1 These Agent Terms apply if you use, permit, enable or allow an Agent to access, use or interact with the Services.

“Agent” means any software or service that takes autonomous or semi-autonomous action on behalf of or at the direction of a person or entity and may operate on or through a person’s device without direct supervision.

14.2 An Agent may not access, use or interact with the Services unless it identifies itself at all times and acts in strict accordance with the requirements set out below. An Agent may also not access, use or interact with the Services if we have requested that the Agent refrain from doing so.

14.3 We may restrict, including through technical measures, whether and how an Agent accesses, uses or interacts with the Services.

14.4 Agents must:

(i) identify in all HTTP/HTTPS requests that the request originates from an Agent and disclose the Agent’s name by including “Agent/[agent name]” in the User-Agent string;

(ii) not conceal or obscure that access, use or interaction originates from an Agent, including by imitating human behavior or bypassing CAPTCHAs or measures designed to distinguish computer use from human use;

(iii) truthfully answer questions intended to determine whether interactions originate from a human or a computer;

(iv) not bypass or otherwise avoid measures intended to block, restrict, modify or control whether or how Agents access, use or interact with the Services.

SECTION 15 — TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, at any time at our sole discretion and without prior notice. You remain responsible for all amounts due up to and including the date of termination.

The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 — DISCLAIMER OF WARRANTIES

The information presented on or through the Services is provided for general informational purposes only. 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.

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

WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. Some jurisdictions do not allow limitations or exclusions of implied warranties, so some of the above limitations may not apply to you.

SECTION 17 — LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPFIELD, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, WILL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOSS OF PROFITS, REVENUE, SAVINGS, DATA OR REPLACEMENT COSTS, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, OR OTHERWISE RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCT.

SECTION 18 — INDEMNIFICATION

You agree to indemnify, defend and hold harmless OPFIELD, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to third parties arising from or related to:

(1) your breach of these Terms of Service or documents referenced herein;

(2) your violation of any law or third-party rights; or

(3) your access to or use of the Services.

We will notify you of any claim subject to indemnification. We may control the defense and settlement of such a claim at your expense, including the selection of counsel. You agree to cooperate in the defense of claims by providing relevant documents and information.

SECTION 19 — SEVERABILITY

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

SECTION 20 — WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service will 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 relation to the Services constitute the entire agreement between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written.

Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.

SECTION 21 — 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 attempted transfer will be void.

We may transfer, assign or delegate these Terms and our rights and obligations under these Terms to a third party.