Terms of service

OVERVIEW

Welcome to Muscle Warm. The terms "we", "us" and "our" refer to Muscle Warm. Muscle Warm 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"). Muscle Warm 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.

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 store or purchasing any of the products 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 is correct, current and complete.

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 products in our online store. However, please note that colors or product appearance may differ from how they appear on your screen due to the type of device you use and your device settings.

We do not warrant that the appearance or quality of any products purchased by you will meet your expectations or be the same as depicted in our online store.

Our products provide warmth, gentle vibration, and compression. They are general wellness products. They are not medical devices, and nothing on this site should be taken as medical advice or as a claim to diagnose, treat, cure, or prevent any condition. If you have an injury or a medical condition, consult a healthcare professional before use.

All descriptions of products 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. Muscle Warm reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Muscle Warm confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting. Orders may be cancelled within 12 hours of being placed by emailing us with your order number. After that window, the order is with our fulfillment partner and cannot be stopped, though it may still be returned once it arrives.

In the event that we do not accept, change, or cancel an order, we will attempt to notify you using the email address, billing address, or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with 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 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. Sales tax is calculated at checkout based on your shipping address and is displayed before you pay.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases. You agree to promptly update your account information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are authorized to use the payment method for the purchase, and (iii) charges incurred by you will be honored by your payment provider.

SECTION 5 — SHIPPING AND DELIVERY
We currently ship within the United States only. Standard shipping is free on all orders. An optional premium insured shipping upgrade is available at checkout for an additional fee, which is displayed before you pay.

Orders typically arrive within 7–12 business days. All delivery times are estimates and are not guaranteed. 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.

Our products are shipped by a third-party fulfillment partner on our behalf.

SECTION 6 — INTELLECTUAL PROPERTY
Our Services, including all trademarks, brands, text, displays, images, graphics, video, and audio, and the design, selection, and arrangement thereof, are owned by Muscle Warm, its affiliates or licensors and are protected by U.S. and foreign 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, republish, download, store, or transmit any of the material on the Services without our prior written consent.

The Muscle Warm name, logo, product names, designs, and slogans are trademarks of Muscle Warm. You must not use such trademarks without our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, and trademarks on the Services are the property of their respective owners.

SECTION 7 — THIRD-PARTY LINKS AND TOOLS
The Services may contain materials and links 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 you choose to access, and we are not liable for any harm or damages related to your use of them.

Any third-party tools offered through the Services are provided "as is" without any warranties, representations or conditions of any kind. Your use of them is at your own risk and discretion.

SECTION 8 — RELATIONSHIP WITH SHOPIFY
Muscle Warm 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 Muscle Warm. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Muscle Warm, 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 Muscle Warm.

SECTION 9 — PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

SECTION 10 — FEEDBACK AND REVIEWS
If you submit any ideas, suggestions, feedback, reviews, or other content ("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 commercial use.

You represent and warrant that you own or have all necessary rights to your Feedback, and that it will not violate any right of any third party or contain unlawful, abusive, or obscene content. We may, but have no obligation to, monitor, edit or remove Feedback we determine to be objectionable.

SECTION 11 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or 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.

SECTION 12 — PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not use the Services: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, state, or local regulations, rules, laws, or ordinances; (c) to infringe upon our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, or intimidate any person; (e) to transmit false or misleading information; (f) to transmit any advertising or promotional material, including junk mail or spam; (g) to impersonate any other person or entity; or (h) to upload or transmit viruses or any other malicious code.

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

SECTION 13 — TERMINATION
We may terminate this agreement or your access to the Services 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 survive termination: Intellectual Property, Feedback and Reviews, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Governing Law, and Privacy Policy.

SECTION 14 — 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.

EXCEPT AS EXPRESSLY STATED BY MUSCLE WARM, 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 THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 15 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL MUSCLE WARM, 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 DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR REPLACEMENT COSTS, 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, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 16 — INDEMNIFICATION
You agree to indemnify, defend and hold harmless Muscle Warm, 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, payable to any third party due to or arising out of (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

SECTION 17 — 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 severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 18 — WAIVER; ENTIRE AGREEMENT
Our failure 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 posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior agreements, communications and proposals, whether oral or written.

SECTION 19 — 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.

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 North Dakota and the federal laws of the United States applicable therein, without regard to conflict of law principles. You and Muscle Warm consent to venue and personal jurisdiction in the state and federal courts located in North Dakota.

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, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 22 — CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at ephraimburgess87@gmail.com.

Muscle Warm
ephraimburgess87@gmail.com
musclewarm.com