Terms of Service
Overview
This website is operated by Thaemert Creative, LLC, doing business as Bergwood (“we,” “us,” and “our”). Throughout the site, “Bergwood” refers to Thaemert Creative, LLC and its affiliated entities.
Bergwood offers this website, including all information, tools, and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our Service and agree to be bound by these Terms of Service (“Terms”).
These Terms apply to all users of the site, including browsers, vendors, customers, merchants, and content contributors.
Please read these Terms carefully before using our site.
If you do not agree to all the terms and conditions, you may not access the website or use any Services.
Any new features or tools added to the current store will also be subject to these Terms. You can review the most current version at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates on our website. Your continued use of the website following any such changes constitutes acceptance of those updates.
Our store is hosted by Shopify Inc., which provides the e-commerce platform that enables us to sell our products and services to you.
1. Online Store Terms
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including copyright laws) while using the Service.
You must not transmit any worms, viruses, or destructive code.
A breach or violation of these Terms will result in an immediate termination of your access to the Service.
2. General Conditions
We reserve the right to refuse service to anyone, for any reason, at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted across various networks and adapted to technical requirements of connecting systems.
Credit card information is always encrypted during transfer.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.
Headings in this document are included for convenience and do not limit or affect these Terms.
3. Accuracy, Completeness, and Timeliness of Information
We strive for accuracy but are not responsible if information on this site is incomplete, outdated, or inaccurate.
The content provided is for general informational purposes only.
Any reliance on material on this site is at your own risk.
4. Modifications to the Service and Prices
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part of it) at any time without notice.
We are not liable for any modification, price change, suspension, or discontinuance of the Service.
5. Products and Services
Certain products or services may be available exclusively online through our website.
These items may have limited quantities and are subject to return or exchange only according to our Refund Policy.
We make every effort to display product colors and details accurately, but we cannot guarantee your device’s display will represent these perfectly.
We reserve the right to limit the sales of our products to any person, region, or jurisdiction.
All descriptions and prices are subject to change at any time without notice, at our sole discretion.
We may discontinue any product at any time.
We do not guarantee that the quality of any products, services, or materials will meet your expectations.
6. Billing and Account Information
We reserve the right to refuse or cancel any order at our discretion.
Restrictions may apply to orders placed under the same account, payment method, or shipping address.
If we make a change to or cancel an order, we may notify you using the contact details provided at checkout.
You agree to provide accurate and up-to-date purchase and account information for all transactions.
You must promptly update your email address, billing details, and payment information to complete transactions and communication as needed.
For more information, please review our Refund Policy.
7. Optional Tools
We may provide you with access to third-party tools that we neither monitor nor control.
You acknowledge that these tools are provided “as is” and “as available,” without any warranties.
We assume no liability for any issues arising from or relating to your use of optional third-party tools.
Your use of these tools is entirely at your own discretion and risk.
8. Third-Party Links
Certain content or products available through our Service may include materials from third parties.
We are not responsible for examining or evaluating such content and are not liable for any third-party materials, websites, or services.
Please review the third party’s own terms and policies before engaging in any transaction.
Concerns or complaints regarding third-party products should be directed to them.
9. User Comments and Submissions
If you send creative ideas, suggestions, feedback, or other materials (collectively “comments”) to us, whether requested or not, you agree that we may use them at any time without restriction or compensation.
You agree your submissions will not violate the rights of others or contain unlawful, defamatory, or harmful material.
You are solely responsible for any comments you make and their accuracy.
10. Personal Information
Your submission of personal information through our store is governed by our Privacy Policy.
11. Errors, Inaccuracies, and Omissions
From time to time, our site may contain typographical errors or inaccuracies related to product descriptions, pricing, promotions, or availability.
We reserve the right to correct these errors or update information at any time without prior notice, including after you have submitted an order.
12. Prohibited Uses
You are prohibited from using the site or its content:
for any unlawful purpose;
to violate any regulations or laws;
to infringe upon intellectual property rights;
to harass, defame, or discriminate;
to submit false or misleading information;
to upload viruses or malicious code;
to collect or track personal information of others;
to spam, phish, or scrape;
for obscene or immoral purposes; or
to interfere with site security.
We reserve the right to terminate your use of the Service for violating any of these prohibitions.
13. Disclaimer of Warranties; Limitation of Liability
We do not guarantee that your use of the Service will be uninterrupted, timely, secure, or error-free.
In no case shall Thaemert Creative, LLC (d/b/a Bergwood), our directors, officers, employees, affiliates, agents, or suppliers be liable for any indirect, incidental, or consequential damages, including loss of profits, revenue, or data, arising from your use of our Service or products.
Where limitation of liability is not permitted by law, our total liability shall not exceed the amount you paid for the product or service.
14. Indemnification
You agree to indemnify and hold harmless Thaemert Creative, LLC, its affiliates, officers, employees, and agents from any claim or demand arising from your breach of these Terms or violation of any law or third-party right.
15. Severability
If any provision of these Terms is deemed unlawful or unenforceable, the remaining provisions shall continue in full force and effect.
16. Termination
These Terms remain in effect unless and until terminated by either you or us.
You may terminate by notifying us that you no longer wish to use our Services.
We may terminate this agreement at any time without notice if we believe you have violated these Terms.
17. Entire Agreement
These Terms, together with any policies or notices posted on our site, constitute the entire agreement between you and Bergwood regarding your use of the Service.
18. Governing Law
These Terms of Service and any related transactions are governed by and construed in accordance with the laws of the United States and the State of Missouri, without regard to conflict of law principles.
19. Changes to Terms
You can review the most current version of these Terms at any time on this page.
We reserve the right to update or modify these Terms by posting revisions on our website.
Your continued use of the site following updates constitutes acceptance of those changes.
20. Contact Information
Questions about these Terms of Service should be directed to: support@bergwoodco.com.