Terms of service

OVERVIEW

Welcome to Carry & Pace. Throughout these Terms of Service, the terms “we,” “us,” and “our” refer to Carry & Pace.

Carry & Pace 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 (collectively, the “Services”). Carry & Pace is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced or incorporated herein (collectively, the “Terms”), describe your rights and responsibilities when you access or use the Services.

Please read these Terms of Service carefully. They contain important information regarding your legal rights and obligations, including warranty disclaimers, limitations of liability, and other provisions that may affect your rights.

By visiting, interacting with, accessing, 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 our Privacy Policy, you must not access or use the 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, and that you have provided consent for any minor dependents under your care to use the Services on devices that you own, purchase, or manage.

To use certain features of the Services, including accessing or browsing our online store or purchasing products or services, you may be required to provide certain information, including your email address, billing information, payment information, and shipping information.

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

You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activity conducted through your account. You may not transfer, sell, assign, sublicense, or otherwise provide your account to another person without our prior written consent.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion, subject to applicable law.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to ensure that the products and services displayed through our online store are accurately described and represented. However, colors, images, dimensions, textures, and other product characteristics may appear differently depending on your device, screen, browser, operating system, display settings, and other technical factors.

We do not guarantee that the appearance, color, quality, materials, or other characteristics of products purchased by you will exactly match how they appear on your screen or meet your individual expectations.

All product descriptions, specifications, availability, pricing, and other information are subject to change at any time without notice, at our sole discretion.

We reserve the right to discontinue any product at any time. We may also limit the quantities of products offered or purchased by any person, household, geographic region, jurisdiction, or account, on a case-by-case basis.

We reserve the right to refuse or cancel orders where we reasonably believe that a customer has violated these Terms or where otherwise permitted by applicable law.

SECTION 3 - ORDERS

When you place an order through our store, you are submitting an offer to purchase the products selected by you. Carry & Pace reserves the right to accept or decline any order for any lawful reason, at our discretion.

Your order is not accepted until Carry & Pace confirms acceptance of the order. We must receive and process your payment before an order can be accepted and fulfilled.

Please carefully review your order before submitting it. Once an order has been accepted, we may be unable to accommodate cancellation requests.

If we decline, modify, or cancel an order, we will make reasonable efforts to notify you using the email address, billing address, and/or telephone number provided when the order was placed.

Your purchases are subject to our Refund Policy and any other applicable policies published on our website.

You represent and warrant that products purchased through our store are intended for your personal or household use and are not being purchased for unauthorized commercial resale or export.

We reserve the right to investigate and cancel orders that appear to involve fraud, unauthorized resale, payment abuse, or other prohibited activity, subject to applicable law.

SECTION 4 - PRICES AND BILLING

Prices, discounts, promotions, and offers are subject to change at any time without notice.

The price charged for a product or service will generally be the price displayed at the time the order is placed and will be reflected in your order confirmation, subject to correction of pricing errors or other circumstances permitted under these Terms and applicable law.

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

Prices displayed in our online store may differ from prices offered by third-party retailers, marketplaces, physical stores, or other sellers.

From time to time, we may offer promotions, discounts, or special offers that are subject to additional terms and conditions. If there is a conflict between the terms of a specific promotion and these Terms of Service, the promotion terms will control with respect to that promotion.

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

You agree to promptly update your account information, including your email address, billing information, payment card information, and expiration dates, so that we can process transactions and contact you when necessary.

You represent and warrant that:

  1. The payment information you provide is true, accurate, and complete;

  2. You are authorized to use the payment method provided;

  3. Charges incurred by you will be honored by your payment provider; and

  4. You will pay all charges incurred at the applicable prices, including shipping, handling, taxes, duties, and other applicable charges.

We reserve the right to correct pricing errors and to cancel or modify orders affected by such errors, subject to applicable law.

SECTION 5 - SHIPPING AND DELIVERY

We offer domestic and international shipping where available. Shipping charges and available delivery options will generally be displayed at checkout.

All shipping and delivery dates or timeframes provided by Carry & Pace are estimates only and are not guaranteed.

We are not responsible for shipping or delivery delays caused by circumstances beyond our reasonable control, including delays caused by shipping carriers, customs authorities, weather, natural disasters, strikes, transportation disruptions, governmental actions, incorrect or incomplete shipping information, or other events outside our reasonable control.

Once an order has been transferred to the shipping carrier, responsibility for transportation of the package may pass to the carrier, subject to applicable law and the carrier's terms.

For international orders, the recipient may be responsible for customs duties, import taxes, brokerage fees, or other charges imposed by the destination country. These charges are the responsibility of the customer unless otherwise expressly stated at checkout.

Customers are responsible for providing accurate shipping information. We are not responsible for delays, losses, or additional charges resulting from incorrect or incomplete delivery information provided by the customer.

SECTION 6 - INTELLECTUAL PROPERTY

The Services and their contents, including but not limited to trademarks, brand names, text, displays, images, graphics, photographs, product reviews, videos, audio, designs, layouts, selection, arrangement, and other materials, are owned by Carry & Pace, its affiliates, licensors, or other respective owners and are protected by applicable U.S. and international intellectual property laws.

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

Except as expressly permitted by these Terms or with our prior written permission, you may not:

  • Reproduce, copy, or duplicate the Services or any portion thereof;

  • Distribute, publish, sell, or commercially exploit any content;

  • Modify or create derivative works from our content;

  • Publicly display or publicly perform our content;

  • Download, archive, or store substantial portions of the Services;

  • Transmit or redistribute our content; or

  • Use our intellectual property for any unauthorized purpose.

Except as expressly provided in these Terms, nothing contained herein grants you any license or other right under any patent, copyright, trademark, trade secret, or other intellectual property right belonging to Carry & Pace, Shopify, or any third party.

Unauthorized use of the Services or their contents may violate applicable intellectual property laws. All rights not expressly granted are reserved by Carry & Pace and the applicable rights holders.

Carry & Pace's names, logos, product names, service names, designs, slogans, and other branding elements are trademarks of Carry & Pace or its affiliates or licensors. You may not use these trademarks without our prior written permission.

Shopify's name, logo, product names, service names, designs, slogans, and other branding elements are trademarks of Shopify. All other trademarks, names, logos, product names, service names, designs, and slogans displayed through the Services belong to their respective owners.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools, applications, services, or features as part of the Services.

We do not necessarily monitor, control, or have input into these third-party tools.

You acknowledge and agree that third-party tools are provided on an “as is” and “as available” basis, without warranties, representations, or conditions of any kind, unless otherwise expressly stated.

To the fullest extent permitted by applicable law, we are not responsible for any loss, damage, or liability arising from or relating to your use of optional third-party tools.

Your use of any optional third-party tool is entirely at your own risk and discretion. You should review and understand the terms, policies, and conditions imposed by the applicable third-party provider before using such tools.

We may introduce new features, tools, services, or resources through the Services in the future. Any such additions will be considered part of the Services and will be subject to these Terms of Service unless otherwise stated.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links, materials, applications, integrations, or other functionality provided by third parties.

We are not responsible for examining, evaluating, monitoring, or verifying the content, accuracy, security, availability, or practices of third-party websites, services, or materials.

If you choose to leave the Services or access a third-party website, service, or resource, you do so at your own risk.

To the fullest extent permitted by applicable law, we are not responsible for any loss, damage, injury, or other harm arising from your access to or use of third-party websites, products, services, resources, or content.

Before engaging in any transaction with a third party, you should carefully review that third party's terms, privacy policy, refund policy, and other applicable practices.

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

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Carry & Pace is powered by Shopify, which enables us to provide the Services to you.

However, products and services purchased through our store are sold directly by Carry & Pace.

Shopify is not responsible for transactions between you and Carry & Pace, including the sale, purchase, delivery, performance, quality, or use of products purchased through our store.

To the fullest extent permitted by applicable law, you agree that Shopify and its affiliates are not responsible for claims, damages, injuries, losses, or liabilities arising from or relating to your purchases or transactions with Carry & Pace.

Nothing in these Terms is intended to limit any rights or protections that cannot lawfully be excluded under applicable law.

SECTION 10 - PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Because the Services are hosted and powered by Shopify, Shopify may collect and process certain personal information relating to your access to and use of the Services in order to provide, maintain, secure, and improve the Services.

Information submitted through our store may be transmitted to and processed by Shopify and other service providers that assist us in operating our business. Such service providers may be located in countries other than your country of residence.

By using the Services, you acknowledge that your information may be processed in accordance with our Privacy Policy and applicable third-party privacy policies.

Please review our Privacy Policy for additional information about how we and our service providers collect, use, disclose, and protect personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, comments, photographs, or other content to us (collectively, “Feedback”), you grant Carry & Pace a perpetual, worldwide, non-exclusive, transferable, sublicensable, royalty-free license to use, reproduce, modify, adapt, publish, distribute, display, perform, and otherwise use such Feedback in any medium and for any lawful purpose, including commercial purposes.

We may use Feedback to operate, provide, evaluate, develop, enhance, improve, market, and promote the Services and to exercise our rights and perform our obligations under these Terms.

You represent and warrant that:

  1. You own or otherwise possess all rights necessary to submit the Feedback;

  2. You have disclosed any compensation, incentives, or other benefits received in connection with the Feedback;

  3. Your Feedback does not violate these Terms; and

  4. Your Feedback does not violate the rights of any third party.

We are not obligated to maintain your Feedback in confidence, pay compensation for your Feedback, or respond to your Feedback.

We may, but are not obligated to, monitor, edit, restrict, or remove Feedback that we determine, in our discretion, to be unlawful, offensive, threatening, defamatory, obscene, infringing, misleading, or otherwise objectionable or that violates these Terms.

You agree that your Feedback will not violate any third-party right, including copyright, trademark, privacy, publicity, personality, or other proprietary rights.

You further agree that your Feedback will not contain unlawful, abusive, defamatory, obscene, or malicious material, or any computer virus, malware, or other code that could interfere with the operation of the Services.

You may not use a false email address, impersonate another person, or otherwise mislead us or third parties about the origin of your Feedback.

You are solely responsible for the Feedback you submit and its accuracy. We assume no responsibility or liability for Feedback submitted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

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

We reserve the right to correct errors, inaccuracies, and omissions and to update or change information at any time without prior notice.

We may also cancel or modify an order if information associated with that order is inaccurate, including after you have submitted or received confirmation of an order, subject to applicable law.

If we cancel an order after payment has been received, we will provide an appropriate refund of amounts actually paid for the canceled portion of the order, subject to applicable law.

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:

  1. For any unlawful, fraudulent, malicious, or unauthorized purpose;

  2. To violate any applicable international, federal, state, provincial, territorial, or local law, regulation, rule, or ordinance;

  3. To infringe, violate, or misappropriate our intellectual property rights or the rights of others;

  4. To harass, abuse, insult, threaten, intimidate, harm, defame, slander, or disparage our employees, service providers, customers, or any other person;

  5. To submit false, misleading, fraudulent, or deceptive information;

  6. To knowingly transmit, receive, upload, download, use, or reuse material that violates these Terms;

  7. To transmit or facilitate the transmission of unsolicited advertising, promotional material, spam, chain letters, or similar solicitations;

  8. To impersonate or attempt to impersonate another person or entity;

  9. To engage in conduct that restricts or inhibits another person's use or enjoyment of the Services;

  10. To engage in conduct that may harm Carry & Pace, Shopify, our service providers, or other users or expose them to liability; or

  11. To interfere with the security, integrity, or proper operation of the Services.

You also agree not to:

  1. Upload or transmit viruses, malware, malicious code, or other harmful material;

  2. Reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services without authorization;

  3. Collect, harvest, or track personal information belonging to others without authorization;

  4. Spam, phish, pharm, pretext, or otherwise engage in fraudulent activity;

  5. Use robots, spiders, scrapers, data-gathering tools, automated devices, automated processes, AI agents, or similar technologies to access or interact with the Services except where expressly authorized by us;

  6. Interfere with, bypass, disable, or circumvent security or authorization features;

  7. Circumvent robot exclusion protocols, access restrictions, rate limits, or other measures used to restrict or control access to the Services; or

  8. Attempt to gain unauthorized access to any portion of the Services, accounts, systems, networks, or databases.

We reserve the right to suspend, restrict, disable, or terminate your account or access to the Services if we reasonably believe that you have violated these Terms, subject to applicable law.

SECTION 14 - AGENTS

14.1 Agent Terms

This section applies if you use, allow, enable, or cause the deployment of an “Agent” to access, use, or interact with the Services.

An “Agent” means any software, application, service, or system that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity and that operates without direct human supervision.

14.2 Agent Identification

No Agent may access, use, or interact with the Services unless it identifies itself and operates in accordance with the requirements of this Section 14.

An Agent may not access, use, or interact with the Services if we have instructed the Agent or its operator to refrain from doing so.

14.3 Technical Restrictions

We may restrict, limit, block, suspend, or otherwise control whether and how an Agent accesses, uses, or interacts with the Services, including through technical measures.

14.4 Agent Requirements

Agents accessing or interacting with the Services must:

  1. Identify that the request originates from an Agent in applicable HTTP/HTTPS requests and disclose the Agent's name by including “Agent/[agent name]” in the user-agent string where technically applicable;

  2. Not conceal or misrepresent the fact that access or interaction is being performed by an Agent;

  3. Not mimic human behavior for the purpose of concealing automated activity;

  4. Not complete, circumvent, defeat, or bypass CAPTCHAs or other measures intended to distinguish human users from automated systems;

  5. Respond truthfully to questions or prompts intended to determine whether interactions originate from a human or computer; and

  6. Not circumvent or otherwise avoid any measure intended to block, limit, modify, or control Agent access to the Services.

SECTION 15 - TERMINATION

We may terminate, suspend, restrict, or otherwise limit your access to the Services, or terminate these Terms, at our discretion where permitted by applicable law.

If your access is terminated, you remain responsible for all amounts owed to us up to and including the effective date of termination.

The following provisions will survive termination to the extent applicable:

  • Intellectual Property;

  • Feedback;

  • Termination;

  • Disclaimer of Warranties;

  • Limitation of Liability;

  • Indemnification;

  • Severability;

  • Waiver and Entire Agreement;

  • Assignment;

  • Governing Law;

  • Privacy Policy; and

  • Any other provisions that by their nature are intended to survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

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

We do not warrant that information provided through the Services is accurate, complete, current, reliable, or useful in every circumstance. Any reliance you place on such information is at your own risk.

EXCEPT AS EXPRESSLY STATED BY CARRY & PACE AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY 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.

WE DO NOT WARRANT THAT THE SERVICES, THEIR CONTENT, OR PRODUCTS AVAILABLE THROUGH THE SERVICES WILL MEET YOUR PARTICULAR REQUIREMENTS OR EXPECTATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CARRY & PACE, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, AND THEIR RESPECTIVE AFFILIATES SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO:

  1. YOUR USE OF OR INABILITY TO USE THE SERVICES;

  2. ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES;

  3. ANY ERROR, INTERRUPTION, DELAY, OR OMISSION IN THE SERVICES;

  4. ANY LOSS OR DAMAGE TO DATA;

  5. ANY LOSS OF PROFITS, REVENUE, SAVINGS, BUSINESS OPPORTUNITIES, OR GOODWILL;

  6. THE COST OF REPLACEMENT PRODUCTS OR SERVICES; OR

  7. ANY OTHER CLAIM ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES or PRODUCTS PURCHASED THROUGH THE SERVICES.

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THIS LIMITATION ALSO APPLIES TO CLAIMS RELATING TO SHOPIFY AND ITS AFFILIATES ARISING FROM OR RELATED TO YOUR USE OF OUR SERVICES.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Carry & Pace, Shopify, and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, service providers, and representatives from and against losses, damages, liabilities, claims, costs, and expenses, including reasonable attorneys' fees, arising from or related to:

  1. Your breach of these Terms of Service or any policy incorporated into these Terms;

  2. Your violation of any applicable law or regulation;

  3. Your violation or infringement of the rights of any third party; or

  4. Your access to or use of the Services.

We will provide you with notice of any claim for which indemnification is sought, provided that failure to promptly provide notice will not relieve you of your obligations except to the extent that you are materially prejudiced by the delay.

We may control the defense and settlement of an indemnifiable claim at your expense, including the selection of counsel.

We will not settle any claim that imposes non-monetary obligations on you without your consent, which shall not be unreasonably withheld or delayed.

You agree to reasonably cooperate in the defense of any indemnified claim, including by providing relevant documents and information.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined by a court or other competent authority to be unlawful, invalid, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law.

If any portion of a provision cannot be enforced, that portion shall be deemed severed to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect.

The invalidity or unenforceability of any provision shall not affect the validity or 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 shall not constitute a waiver of that right or provision.

These Terms of Service, together with our Privacy Policy, Refund Policy, Shipping Policy, and any other policies or operating rules posted by us on the Services, constitute the entire agreement and understanding between you and Carry & Pace regarding your use of the Services.

These Terms supersede all prior or contemporaneous agreements, communications, representations, and proposals, whether oral or written, concerning your use of the Services.

If any ambiguity arises in the interpretation of these Terms, the language shall be interpreted in accordance with applicable law and without automatically construing the ambiguity against either party.

SECTION 21 - ASSIGNMENT

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

Any attempted assignment or transfer in violation of this Section shall be void to the extent permitted by applicable law.

We may assign, transfer, or delegate these Terms, in whole or in part, including our rights and obligations, without your consent or prior notice where permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services to you shall be governed by and construed in accordance with the laws applicable in the jurisdiction in which Carry & Pace is headquartered, without regard to conflict-of-law principles to the extent permitted by applicable law.

You and Carry & Pace consent to the applicable jurisdiction and venue of the courts located in or serving the jurisdiction in which Carry & Pace is headquartered, subject to any rights you may have under applicable consumer-protection laws.

Nothing in this Section is intended to deprive you of any mandatory rights or protections provided by the laws of your jurisdiction.

SECTION 23 - HEADINGS

The headings used throughout these Terms of Service are included for convenience and organizational purposes only.

They do not limit, expand, or otherwise affect the meaning, interpretation, or scope of any provision contained in these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

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

We reserve the right, at our discretion and subject to applicable law, to update, modify, change, or replace any part of these Terms of Service by posting an updated version on our website.

It is your responsibility to review these Terms periodically for changes.

Where required by applicable law, we will provide notice of material changes and specify when those changes become effective.

Your continued access to or use of the Services after revised Terms have been posted and become effective constitutes acceptance of the revised Terms, to the extent permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions, comments, or concerns regarding these Terms of Service should be sent to Carry & Pace using the contact information below.

Trade Name: Carry & Pace

Email: phillip@carryandpace.shop

Physical Address: 7609 Ralston Rd, Arvada, CO 80002, United States

Phone Number: 2565913952