TERMS OF SERVICE

OVERVIEW

Welcome to GERVASO INC! The terms "we", "us" and "our" refer to GERVASO INC. GERVASO INC 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"). GERVASO INC 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 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 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 and services 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 or services purchased by you will meet your expectations or be exactly the same as depicted or rendered in our online store.

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 on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. GERVASO INC reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until GERVASO INC confirms acceptance.

We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as GERVASO INC 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 email address, billing address, and/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 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 other online stores operated by third parties.

We may offer promotions from time to time 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 and payment information, so that we can complete your transactions and contact you as needed.

You represent and warrant that the credit card or payment information you provide is true, correct and complete, that you are duly authorized to use the payment method, and that charges incurred by you will be honored by your payment provider.

SECTION 5 - SHIPPING AND DELIVERY

All delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs processing, weather conditions, incorrect delivery information provided by the customer, or events outside our reasonable control.

Once products are transferred to the applicable carrier, delivery will be handled in accordance with the carrier's procedures and our Shipping Policy.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, videos, audio, and the design, selection and arrangement thereof, are owned by GERVASO INC, 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 of, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent, except as otherwise permitted by law.

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 GERVASO INC, Shopify or any third party.

GERVASO INC's names, logos, product and service names, designs and slogans are trademarks of GERVASO INC or its affiliates or licensors and may not be used without prior written permission.

SECTION 7 - 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 control.

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

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you understand and approve the terms on which such tools are provided.

We may also offer new features, tools and resources through the Services in the future. Such features shall also be deemed part of the Services and 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.

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 materials or websites, you do so at your own risk.

We are not liable for harm or damages related to your access of third-party websites or your purchase or use of products, services, resources or content from third parties.

Please carefully review the third party's policies and practices before engaging in any transaction.

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

SECTION 9 - RELATIONSHIP WITH SHOPIFY

GERVASO INC 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 GERVASO INC.

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

You hereby expressly release Shopify and its affiliates from claims, damages and liabilities arising from or related to purchases and transactions with GERVASO INC.

SECTION 10 - PRIVACY POLICY

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

Our Privacy Policy is available at:

https://sctselct.online/policies/privacy-policy

Certain personal information may also be subject to Shopify's Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes certain 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 other service providers that may be located in countries other than where you reside.

Please review our Privacy Policy for more information about how we and our service providers collect, use and process personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable and royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback for purposes related to operating, promoting and improving the Services.

You represent and warrant that you own or have all necessary rights to any Feedback you provide and that your Feedback does not violate the rights of any third party or applicable law.

We may monitor, edit or remove Feedback that we determine, in our discretion, to be unlawful, offensive, threatening, defamatory, obscene, misleading or otherwise objectionable, or that violates intellectual property rights or these Terms.

You are solely responsible for Feedback you provide and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on or through the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.

We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if information is inaccurate at any time, including after you have submitted an order, subject to applicable law.

SECTION 13 - 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 unlawful or malicious purposes;
(b) to violate applicable international, federal, state or local laws or regulations;
(c) to infringe upon our intellectual property rights or those of others;
(d) to harass, abuse, threaten, defame or harm another person;
(e) to transmit false or misleading information;
(f) to transmit unlawful or harmful content;
(g) to send spam, junk mail or unauthorized advertising;
(h) to impersonate another person or entity; or
(i) to engage in conduct that restricts or inhibits another person's use or enjoyment of the Services.

You also agree not to upload or transmit viruses or malicious code, reproduce or exploit portions of the Services without authorization, collect or track personal information of others unlawfully, engage in phishing or similar activities, or interfere with or circumvent security measures.

We reserve the right to suspend, disable or terminate access to the Services if we determine that these Terms have been violated.

SECTION 14 - AGENTS

This section applies if you use, allow or enable software or services that take autonomous or semi-autonomous action on behalf of a person or entity ("Agent") to access, use or interact with the Services.

Agents must identify themselves where reasonably required and must not conceal their automated nature, circumvent CAPTCHA systems or other security controls, or attempt to bypass technical measures intended to limit automated access.

We may limit or prevent Agent access to the Services at our discretion and in accordance with applicable law.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, in accordance with applicable law if you violate these Terms or misuse the Services.

You will remain liable for amounts properly due up to and including the date of termination.

Provisions that by their nature should survive termination, including provisions concerning intellectual property, limitation of liability, indemnification, governing law and privacy, will continue to apply after termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

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

To the fullest extent permitted by applicable law, the Services and products offered through the Services are provided "as is" and "as available" without representations, warranties or conditions of any kind, either express or implied, except as expressly stated by GERVASO INC or required by applicable law.

We do not guarantee that use of the Services will be uninterrupted, timely, secure or error-free.

Some jurisdictions do not allow certain exclusions or limitations of warranties, so some of the above limitations may not apply to you.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GERVASO INC AND ITS AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, EXCEPT WHERE SUCH LIMITATION IS PROHIBITED BY LAW.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.

SECTION 18 - INDEMNIFICATION

You agree, to the extent permitted by applicable law, to indemnify, defend and hold harmless GERVASO INC, Shopify and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from losses, damages, liabilities or claims arising out of:

1. your breach of these Terms;
2. your violation of applicable law or the rights of a third party; or
3. your misuse of the Services.

We will provide reasonable notice of any indemnifiable claim and you agree to reasonably cooperate in the defense of such claim.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms.

Such determination shall not affect 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 shall not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us relating to the Services constitute the entire agreement and understanding between you and us concerning your use of the Services and supersede prior or contemporaneous communications and agreements concerning the Services.

SECTION 21 - ASSIGNMENT

You may not transfer or assign these Terms or your rights or obligations under these Terms without our prior written consent, except where applicable law provides otherwise.

We may transfer, assign or delegate our rights and obligations under these Terms in connection with the operation or transfer of our business, subject to applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services shall be governed by and construed in accordance with applicable federal law of the United States and the laws of the State of Colorado, without regard to conflict-of-law principles, except to the extent otherwise required by applicable law.

SECTION 23 - HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service on this page at any time.

We reserve the right to update, change or replace any part of these Terms by posting updates and changes to our website.

Where required by applicable law, we will notify you of material changes.

Your continued use of or access to the Services after changes become effective constitutes acceptance of the updated Terms, to the extent permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

GERVASO INC
Email: sctselct@cocoscott.com
Address: 1312 17TH ST, UNIT 2186, DENVER, CO 80202, UNITED STATES
Phone: +1 424-420-8599
Colorado Entity ID: 20228288512