Terms of service

OVERVIEW

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

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

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranties, 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 with these Terms of Service or our Privacy Policy, you must 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 legal age of majority in your state or province of residence and 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 products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment and shipping information. You represent and warrant that all information you provide in our store is correct, current and complete, and that you have all rights necessary to provide it.

You are solely responsible for keeping your account credentials secure and for all activity on your account. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to display our products and services accurately in our online store. However, product colors or appearance may differ from what is displayed on your screen due to the type of device you use to access the store and its settings.

We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or match how it is displayed or presented 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 the sale of any product at any time and may limit the quantities of any product 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. Power up Store reserves the right to accept or reject your order for any reason at its sole discretion. Your order is not accepted until Power up Store confirms its acceptance. We must receive and process your payment before accepting your order. Please review your orders carefully before purchasing, as Power up Store may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change or cancel an order, we will attempt to notify you using the email address, billing address or phone number you provided when placing the order.

You may return or exchange your purchase only in accordance with our Refund Policy.

You represent and warrant that your purchase is for your personal or household use and not for resale or commercial 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 when the order is placed and will be stated in the order confirmation emailed to you. Unless expressly stated otherwise, published prices do not include taxes, shipping, handling or customs fees, or import charges.

Prices published in our online stores may differ from prices offered in a physical store or an online store or other stores operated by third parties. From time to time, we may offer promotions on the Services that affect pricing and are governed by terms and conditions different from these Terms. If a promotion's terms conflict with these Terms, the promotion's terms will prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. 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.

You represent and warrant that (i) the credit card information you provide is true, correct and complete; (ii) you are duly authorized to use the card for the purchase; (iii) the charges you incur will be honored by your credit card company; and (iv) you will pay the charges you incur at the published prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

We are not responsible for any shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by the carrier, customs processing or events outside our control. Once we transfer products 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, videos and audio, and their design, selection and arrangement, are owned by Power up Store, its affiliates or licensors and are protected by U.S. and foreign patents, 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 material from the Services without our prior written consent. Except as expressly provided here, nothing in these Terms grants or is to be construed as granting you a license or other rights under any patent, trademark, copyright or other intellectual property of Power up Store, Shopify or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted here are reserved by Power up Store.

Power up Store's names, logos, product and service names, designs and slogans are trademarks of Power up Store or its affiliates or licensors. You must not use these trademarks without Power up Store's prior written permission. 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 in the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

As part of the Services, you may be given access to customer tools offered by third parties that we neither monitor nor control and to which we provide no input.

You acknowledge and agree that we provide access to these tools “as is” and “as available”, without any warranties, representations or conditions of any kind and without endorsement. We have no liability arising from or related to your use of optional third-party tools.

Any use of optional tools offered through the site is entirely at your own risk and discretion. You should ensure you are familiar with and approve the terms under which the relevant third-party provider makes them available.

In the future, we may also offer new features through the Services, including new tools and resources. These new features will also be considered 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, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of any third-party material or website you choose to access. If you leave the Services to access these materials or third-party sites, you do so at your own risk.

We are not liable for harm or damages related to your access to any third-party website or your purchase or use of any product, service, resource or content on a third-party website. Please carefully review the third party's policies and practices and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions about third-party products and services should be directed to that third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

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

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.

Because Shopify hosts the Services, Shopify collects and processes personal information about your access to and use of the Services to provide and improve our Services. Information you submit to the Services will be transmitted to and shared with Shopify and third parties that may be 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 we, Shopify and our partners use your personal information.

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 that Feedback in any medium for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, improve, optimize and promote the Services, and to fulfill our obligations and exercise our rights under these Terms of Service.

You also represent and warrant that (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting it; and (iii) your Feedback complies with these Terms. We are not and will not be obliged (1) to keep your Feedback confidential; (2) to pay compensation for it; or (3) to respond to it.

We may, but are not obliged to, monitor, edit or remove Feedback that we determine at our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.

You agree that your Feedback will not infringe any third party's rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise 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, pretend to be someone other than yourself or otherwise mislead us or third parties about the origin of any Feedback. You are solely responsible for your Feedback and its accuracy. We assume no liability for Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on or in the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct errors, inaccuracies or omissions, to change or update information or to cancel orders if any information is inaccurate, at any time 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 access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulation, rule, law or local ordinance; (c) to infringe 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 reuse material that does not comply with these Terms; (g) to transmit or procure the sending of advertising or promotional material, including junk mail, chain letters, spam or similar solicitations; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that we determine may harm Power up Store, Shopify or users of the Services, or expose them to liability.

You further agree not to: (a) upload or transmit viruses or any other malicious code that is or may be used in a way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services; (c) collect or track others' personal information; (d) spam, phish, pharm or engage in pretexting in connection with the Services; (e) use any robot, spider, scraping, data gathering or extraction tools, automated devices or processes, artificial intelligence tools (such as agentic AI), or automated or manual means to access the Services; or (f) interfere with, circumvent or bypass security or authorization features, robot exclusion headers or other measures we use to restrict access to the Services. 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 14 - AGENTS

14.1 This section (“Agent Terms”) applies if you use, permit, enable or cause an Agent to be deployed to access, use or interact with any Services. “Agent” means any software or service that performs autonomous or semi-autonomous actions on behalf of or at the direction of a person or entity and may run on behalf of or using that person's device without direct supervision.

14.2 No Agent may access, use or interact with the Services unless, at all times, it identifies itself and operates in strict compliance with the requirements of section 14.4 below. No Agent may access, use or interact with the Services if we have requested that it refrain from doing so.

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

14.4 Agents must: (i) in every HTTP/HTTPS request, identify that the request originates from an Agent and disclose the Agent's name by including “Agent/[agent name]” in the request's user-agent field; (ii) not conceal or create confusion about access, use or interaction originating from an Agent, including by (a) imitating human behavior or interaction patterns, or (b) completing or bypassing CAPTCHAs or measures intended to distinguish computer use from human use; (iii) truthfully answer questions or instructions seeking to determine whether interactions originate from a human or a computer; and (iv) not circumvent or otherwise avoid measures intended to block, limit, modify or control whether and 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 of them, at our sole discretion at any time without notice. You remain liable for all amounts owed up to and including the termination date.

The following sections continue to apply after 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

Information presented on or through the Services is provided for general information purposes only. We do not warrant its accuracy, completeness or usefulness. Any reliance you place on it is strictly at your own risk. We disclaim all liability arising from reliance on these materials by you or any other visitor to the Services, or by anyone informed of any of their content.

UNLESS EXPRESSLY STATED BY POWER UP STORE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, 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 DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL POWER UP STORE, 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, LOST SAVINGS, LOST DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY SERVICES OR ANY PRODUCT PURCHASED USING THE SERVICES, OR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USING THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Power up Store, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including attorneys' fees payable to a third party, arising from (1) your breach of these Terms of Service or the documents they incorporate by reference; (2) your violation of any law or third party's rights; or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that failure to notify you promptly does not relieve you of your obligations unless you suffer material prejudice. We may control the defense and settlement of the claim at your expense, including selecting counsel, but we will not settle any claim involving non-monetary obligations on your part without your consent, which will not be unreasonably withheld. You will cooperate in defending indemnification claims, including by providing relevant documents.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, it will nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms. That determination will 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 of Service does not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules we publish on this site or concerning the Services constitute the entire agreement and understanding between you and us and govern your use of the Services. They supersede all prior or contemporaneous agreements, communications and proposals, oral or written, between you and us, including prior versions of these Terms of Service.

Any ambiguity in interpreting these Terms of Service will not be construed against the party that drafted them.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer or assign this agreement or any rights or obligations under these Terms without our prior written consent. Any attempt to do so will be void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreement under which we provide Services to you will be governed by and construed in accordance with the federal and state or territorial courts of the jurisdiction where Power up Store is headquartered. You and Power up Store consent to the venue and personal jurisdiction of those courts.

SECTION 23 - HEADINGS

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

SECTION 24 - CHANGES TO THE TERMS OF SERVICE

You can review the latest version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website. You are responsible for checking our website periodically for changes. We will notify you of material changes to these Terms in accordance with applicable law, and they will take effect on the date stated in the notice. Your continued use of or access to the Services following the posting of changes to these Terms of Service constitutes acceptance of those changes.