TERMS OF SERVICE

OVERVIEW

Welcome to Earn the Summit!

Earn The Summit LLC, doing business as Earn the Summit, operates this store and website, including all related information, content, features, tools, products, and services provided to you, the customer, as part of your shopping experience (the “Services”).

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

These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully. They include important information about your legal rights and cover areas including warranty disclaimers, limitations of liability, orders, payments, shipping, and use of our website.

By visiting, interacting with, purchasing from, or otherwise 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 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, province, or jurisdiction of residence, or that you have given consent for any minor dependents to use the Services on devices that you own, purchase, or manage.

To use the Services, including browsing our store or purchasing products, you may be asked to provide certain information such as your email address, billing information, payment information, and shipping information.

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

You are responsible for maintaining the security of your account credentials and for activity conducted through your account.

You may not transfer, sell, assign, or license your account to another person.

SECTION 2 — OUR PRODUCTS

We make reasonable efforts to provide accurate representations of our products and services.

However, colors, sizing, positioning, and product appearance may vary slightly from how they appear on your screen because of differences in devices, displays, manufacturing, printing, materials, or other production factors.

We do not guarantee that the appearance or quality of a product purchased from us will be identical to how it appears in photographs, mockups, digital renderings, or on your device.

Product descriptions, designs, prices, availability, and specifications may be changed at any time without notice.

We reserve the right to discontinue any product at any time.

We may also limit quantities or availability by person, household, geographic region, jurisdiction, or other reasonable criteria.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase products from Earn the Summit.

Earn the Summit reserves the right to accept or decline an order for any lawful reason.

Your order is not considered accepted until payment has been successfully processed and the order has been confirmed.

Please review your order carefully before submitting it.

Because many of our products are made to order, we may be unable to accommodate changes or cancellation requests once production has begun.

If we cancel, modify, or are unable to accept an order, we will attempt to notify you using the email address, billing information, shipping information, or phone number provided with the order.

All purchases are subject to our Return and Refund Policy, which is available on our website.

You represent and warrant that purchases made through our store are for personal or household use and not for unauthorized commercial resale or export.

SECTION 4 — PRICES AND BILLING

Prices, discounts, promotions, and offers may change without notice.

The price charged for a product will be the price in effect at the time the order is placed and will appear in your order confirmation.

Unless otherwise stated, displayed prices may not include taxes, shipping, handling, customs duties, import charges, or other applicable fees.

From time to time, we may offer promotions governed by separate terms and conditions.

If promotional terms conflict with these Terms of Service, the promotional terms will govern with respect to that promotion.

You agree to provide accurate and complete payment, billing, shipping, and account information for purchases made through our store.

You agree to update this information as necessary so we can process transactions and contact you regarding your order.

You represent that you are authorized to use any payment method submitted with an order and that charges associated with your purchase will be honored by your payment provider.

SECTION 5 — SHIPPING AND DELIVERY

Shipping and delivery times are estimates only and are not guaranteed.

Production times may apply before an order is shipped.

We are not responsible for delays caused by shipping carriers, customs processing, weather, transportation interruptions, incorrect addresses, or other events outside our reasonable control.

Tracking information may be provided when available.

Customers are responsible for providing a complete and accurate shipping address.

Additional information regarding shipping, delivery, and related issues is available in our Shipping Policy.

SECTION 6 — INTELLECTUAL PROPERTY

Our Services, including our trademarks, brand names, logos, text, graphics, photographs, artwork, product designs, videos, audio, website design, slogans, and other content, are owned by or licensed to Earn the Summit and are protected by applicable intellectual property laws.

These Terms permit you to access and use the Services for personal, non-commercial purposes only.

Unless we provide prior written permission, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, commercially exploit, store, or transmit our protected materials except as permitted by law.

Nothing in these Terms grants you ownership or a license to any trademark, copyright, patent, design, trade dress, or other intellectual property belonging to Earn the Summit, Shopify, or any third party except where expressly stated.

The Earn the Summit name, logos, product names, designs, slogans, and branding may not be used without prior written permission.

Shopify’s name, logo, product names, and related marks belong to Shopify.

All other trademarks belong to their respective owners.

SECTION 7 — OPTIONAL TOOLS

Our Services may provide access to tools, services, integrations, or functionality offered by third parties.

We may not control or monitor those third-party tools.

Access to third-party tools may be provided “as is” and “as available” without warranties or endorsements from us.

Your use of third-party tools is at your own discretion and risk.

You are responsible for reviewing and accepting any applicable third-party terms before using those services.

We may introduce new tools, features, services, or resources in the future.

Unless otherwise stated, those features will also be considered part of the Services and subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS

Our Services may contain links, embedded features, content, or materials provided by third parties.

We are not responsible for evaluating or guaranteeing the accuracy, content, security, availability, products, or services offered by third-party websites.

If you leave our website and access a third-party website or service, you do so at your own discretion and risk.

We are not responsible for losses or damages related to third-party websites, services, products, content, or transactions.

Please review the policies and terms of third-party providers before entering into transactions with them.

Questions or concerns regarding third-party products or services should generally be directed to the applicable third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

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

However, purchases and sales made through our store are transactions directly between you and Earn the Summit.

By using the Services, you acknowledge that Shopify is not responsible for purchases made from Earn the Summit, including injury, loss, or damage arising from products purchased through our store.

To the extent permitted by applicable law, you release Shopify and its affiliates from claims, damages, or liabilities arising from transactions between you and Earn the Summit.

SECTION 10 — PRIVACY POLICY

Personal information collected through the Services is handled according to our Privacy Policy, which is available on our website.

Certain personal information may also be processed by Shopify according to Shopify’s own privacy practices.

Because our Services are hosted by Shopify, Shopify may collect and process information relating to your access to and use of the Services to provide, secure, operate, and improve its services.

Information submitted through our Services may also be shared with service providers and partners when necessary to operate our store, fulfill orders, process payments, provide customer support, conduct analytics, or provide other business services.

Please review our Privacy Policy for more information about how personal information is collected, used, disclosed, and protected.

SECTION 11 — FEEDBACK

If you submit reviews, ideas, suggestions, feedback, photographs, comments, proposals, or other content to us (“Feedback”), you grant Earn the Summit a worldwide, royalty-free, sublicensable, transferable license to use, reproduce, modify, publish, distribute, display, and otherwise use that Feedback for lawful business purposes.

This may include using Feedback to operate, promote, evaluate, improve, or market Earn the Summit and our products.

You represent that you own or otherwise have the necessary rights to any Feedback you submit.

You must disclose any compensation or incentive connected to submitted Feedback when required by law.

Feedback must not violate another party’s intellectual property, privacy, publicity, contractual, or other rights.

Feedback must not contain unlawful, defamatory, abusive, obscene, malicious, fraudulent, or harmful material.

You are responsible for the accuracy and legality of Feedback you submit.

We may monitor, remove, edit, decline to publish, or stop displaying Feedback when reasonably necessary.

We are not obligated to maintain Feedback in confidence, compensate you for Feedback, or respond to Feedback unless otherwise agreed in writing.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

Our website or Services may occasionally contain typographical errors, inaccuracies, outdated information, or omissions relating to product descriptions, pricing, promotions, availability, shipping charges, delivery estimates, or other information.

We reserve the right to correct errors, update information, change information, or cancel orders when information is inaccurate, including after an order has been submitted, subject to applicable law.

SECTION 13 — PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services to:

• Violate any applicable federal, state, provincial, local, or international law or regulation.
• Infringe our intellectual property rights or the rights of another person.
• Harass, threaten, abuse, defame, intimidate, discriminate against, or harm another person.
• Submit false, fraudulent, deceptive, or misleading information.
• Transmit malicious code, viruses, malware, or harmful software.
• Send spam, phishing messages, junk mail, chain letters, or unauthorized solicitations.
• Impersonate another person or entity.
• Collect or track personal information about others without authorization.
• Circumvent security systems or access restrictions.
• Interfere with the proper operation or security of the Services.
• Copy, scrape, extract, reproduce, resell, or commercially exploit portions of the Services without permission.

We reserve the right to suspend or terminate access when we reasonably determine that these Terms have been violated.

SECTION 14 — AGENTS AND AUTOMATED SYSTEMS

This section applies when software, automated systems, artificial intelligence systems, agents, bots, or similar technology are used to access or interact with the Services.

Automated systems must not misrepresent themselves as human users or attempt to circumvent technical measures designed to distinguish automated activity from human activity.

We may restrict, block, limit, or otherwise control automated access to our Services.

Automated systems must comply with applicable laws, technical restrictions, security controls, and any instructions we provide regarding automated access.

We may prohibit automated systems from accessing or interacting with the Services when necessary to protect our customers, systems, intellectual property, operations, or security.

SECTION 15 — TERMINATION

We may suspend or terminate access to the Services if you violate these Terms or engage in activity that we reasonably determine threatens the integrity, security, or lawful operation of our Services.

Amounts owed before termination remain payable.

Provisions that by their nature should survive termination will remain effective, including provisions concerning intellectual property, liability, indemnification, privacy, governing law, and other continuing obligations.

SECTION 16 — DISCLAIMER OF WARRANTIES

Information provided through the Services is intended for general informational and commercial purposes.

While we make reasonable efforts to provide accurate information, we do not guarantee that information provided through the Services will always be complete, current, accurate, or error-free.

To the fullest extent permitted by applicable law, the Services and products made available through them are provided “as is” and “as available” without warranties, representations, or conditions of any kind except where expressly stated or legally required.

This may include implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, or non-infringement.

We do not guarantee that access to the Services will always be uninterrupted, secure, timely, or error-free.

Some jurisdictions do not allow certain warranty exclusions, so portions of this section may not apply to you.

SECTION 17 — LIMITATION OF LIABILITY

To the fullest extent permitted by law, Earn the Summit and our owners, officers, employees, affiliates, partners, contractors, service providers, licensors, and agents will not be liable for indirect, incidental, punitive, special, exemplary, or consequential damages arising from use of the Services or products purchased through the Services.

This may include lost profits, lost revenue, lost savings, lost data, replacement costs, or similar damages.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under applicable law.

SECTION 18 — INDEMNIFICATION

To the extent permitted by law, you agree to indemnify, defend, and hold harmless Earn the Summit, Shopify, and our respective affiliates, partners, officers, employees, directors, agents, contractors, licensors, and service providers from third-party claims, losses, liabilities, costs, or expenses arising from:

1. Your breach of these Terms.
2. Your violation of applicable law.
3. Your violation of another person’s rights.
4. Your misuse of the Services.

We may participate in or control the defense of an indemnifiable claim where legally permitted.

SECTION 19 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where necessary.

The remaining provisions will continue in full force and effect.

SECTION 20 — WAIVER; ENTIRE AGREEMENT

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.

These Terms, together with policies and operating rules posted on our website, constitute the agreement between you and Earn the Summit regarding use of the Services.

They supersede prior or contemporaneous communications or agreements regarding the Services unless otherwise expressly agreed in writing.

SECTION 21 — ASSIGNMENT

You may not transfer, assign, or delegate your rights or obligations under these Terms without our prior written consent.

Earn the Summit may transfer, assign, or delegate its rights and obligations where permitted by applicable law.

SECTION 22 — GOVERNING LAW

These Terms of Service and any separate agreements relating to the Services will be governed by and interpreted according to the laws applicable in the jurisdiction where Earn The Summit LLC is headquartered, without regard to conflict-of-law principles, except where applicable consumer-protection laws require otherwise.

You and Earn the Summit consent to the jurisdiction and venue of courts with lawful authority over disputes arising under these Terms, subject to applicable law.

SECTION 23 — HEADINGS

Section headings are provided for convenience only and do not limit or otherwise affect the interpretation of these Terms.

SECTION 24 — CHANGES TO TERMS OF SERVICE

You may review the current version of these Terms of Service on our website.

We reserve the right to update, revise, modify, or replace these Terms by posting changes to our website.

Where required by applicable law, we will provide notice of material changes.

Changes become effective on the date stated in the applicable notice or when posted where legally permitted.

Your continued use of the Services after changes become effective constitutes acceptance of the updated Terms, subject to applicable law.

SECTION 25 — CONTACT INFORMATION

Questions about these Terms of Service may be sent to:

Earn The Summit LLC
Email: admin@earnthesummit.co
Phone: (720) 767-3946
Business Address: 5957 N Liverpool St, Aurora, CO 80019

Additional contact information is available through the Contact page on our website.