Terms of Service
OVERVIEW
Welcome to Torven. The terms “we,” “us,” and “our” refer to Torven Watch LLC, doing business as Torven. Torven 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”). Torven is powered by Shopify, which enables us to provide the Services to you.
The terms and conditions below, 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 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 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 and 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, 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 and configuration.
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. Torven reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Torven confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it, as Torven 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 using the email address, billing address, and/or other contact information provided at the time the order was placed.
Your purchases are subject to return or refund 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 applicable taxes, shipping, handling, customs duties, or import charges.
Prices posted in our online store may differ from prices offered through other channels or by third parties. We may offer promotions from time to time that affect pricing and are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of 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 through our store. You agree to promptly update your account and other information so that we can complete transactions and contact you as needed.
You represent and warrant that: (i) the payment information you provide is true, correct, and complete; (ii) you are duly authorized to use the payment method provided; (iii) charges incurred by you will be honored by your payment provider; and (iv) you will pay charges incurred by you at the posted prices, including applicable shipping, handling, and taxes.
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, or events outside our reasonable control.
Shipping, delivery, title, and risk of loss are subject to applicable law and the shipping terms provided in connection with your order.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by Torven, its affiliates, or licensors and are protected by applicable U.S. and foreign 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 material from the Services without our prior written consent.
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 Torven, Shopify, or any third party. Unauthorized use of the Services may violate applicable intellectual property laws. All rights not expressly granted herein are reserved by Torven.
Torven’s names, logos, product and service names, designs, and slogans are trademarks of Torven or its affiliates or licensors. You must not use such trademarks without 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 appearing through the Services are trademarks of their respective owners.
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 have control over.
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 to the fullest extent permitted by applicable law.
Any use by you of optional tools offered through the site is at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which those tools are provided by the relevant third-party provider.
We may also offer new features through the Services in the future, including new tools and resources. Such features shall be deemed part of the Services and are 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 third-party materials or websites 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 to third-party websites or your purchase or use of products, services, resources, or content available through third parties, except to the extent liability cannot be excluded under applicable law.
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
Torven is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make through our store are made directly with Torven.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Torven, including any injury, damage, or loss resulting from purchased products and services.
To the fullest extent permitted by applicable law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with Torven.
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 had the opportunity to review these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes 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, including parties located in countries other than the country where you reside.
Please review our Privacy Policy for more information about how we, Shopify, and our service providers process 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 such Feedback in any medium for any lawful purpose, including commercial use.
You represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission; and (iii) your Feedback complies with these Terms.
We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback unless otherwise required by applicable law.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine violates applicable law, the rights of another party, or these Terms of Service.
You agree that your Feedback will not violate the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You are solely responsible for Feedback you submit and its accuracy.
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, 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, 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 any unlawful or malicious purpose; (b) to violate applicable laws or regulations; (c) to infringe upon or violate our intellectual property rights or the rights of others; (d) to harass, abuse, threaten, defame, intimidate, or harm another person; (e) to transmit false or misleading information; (f) to transmit material that does not comply with these Terms; (g) to transmit unauthorized advertising, spam, or similar solicitations; (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 or may harm Torven, Shopify, or users of the Services.
In addition, you agree not to: (a) upload or transmit viruses or other malicious code; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services except as expressly permitted; (c) unlawfully collect or track personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use robots, spiders, scraping or data-extraction tools, automated devices or processes, AI tools, or other automated or manual means to access the Services in violation of these Terms or applicable restrictions; or (f) interfere with, bypass, or circumvent security or authorization features or other measures used to restrict access to the Services.
We reserve the right to suspend, disable, or terminate access to the Services if we determine that these Terms have been violated, subject to applicable law.
SECTION 14 - AGENTS
14.1 This section (“Agent Terms”) applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. “Agent” means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless it identifies itself and operates in accordance with the requirements of this Section. No Agent may access, use, or interact with the Services if we have requested that the Agent refrain from doing so.
14.3 We may limit, including through technical measures, whether and how an Agent accesses, uses, or interacts with the Services.
14.4 Agents must: (i) identify that requests originate from an Agent and disclose the Agent’s name where technically required by the Services; (ii) not conceal or obfuscate that access or interactions originate from an Agent, including by improperly mimicking human behavior or circumventing CAPTCHAs or similar measures; (iii) respond truthfully to requests intended to determine whether interactions originate from a human or computer; and (iv) not circumvent measures intended to block, limit, modify, or control Agent access to the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services, or any part thereof, in our discretion subject to applicable law, and you will remain liable for amounts properly due up to and including the date of termination.
The provisions of these Terms that by their nature should survive termination will continue to apply following termination, including provisions concerning Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Governing Law, and Privacy.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for general information purposes. We do not warrant the accuracy, completeness, or usefulness of such information. Any reliance you place on such information is at your own risk, subject to rights and remedies that cannot be excluded under applicable law.
EXCEPT AS EXPRESSLY STATED BY TORVEN AND 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, INCLUDING 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 THE DISCLAIMER OF CERTAIN WARRANTIES, SO SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TORVEN, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS PROCURED THROUGH THE SERVICES.
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 applicable law, you agree to indemnify, defend, and hold harmless Torven, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to a third party due to or arising out of: (1) your breach of these Terms of Service or documents incorporated by reference; (2) your violation of applicable law or the rights of a third party; or (3) your unlawful or unauthorized access to or use of the Services.
We will provide reasonable notice of an indemnifiable claim. We may control the defense and settlement of such claim, subject to applicable law, and you agree to reasonably cooperate in the defense of indemnified claims.
SECTION 19 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable 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 of Service shall not constitute a waiver of that right or provision.
These Terms of Service and any policies or operating rules posted by us in respect to the Services constitute the agreement and understanding between you and us concerning your use of the Services, subject to any rights that cannot be waived under applicable law.
Any ambiguities in the interpretation of these Terms shall not automatically be construed against the drafting party.
SECTION 21 - ASSIGNMENT
You may not delegate, transfer, or assign these Terms or your rights or obligations under these Terms without our prior written consent, except where such restriction is prohibited by applicable law.
We may transfer, assign, or delegate these Terms and our rights and obligations in connection with our business, subject to applicable law.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide the Services shall be governed by the laws applicable in the jurisdiction where Torven Watch LLC is headquartered, without limiting any mandatory consumer protections or rights that apply to you under applicable law.
Any dispute shall be subject to the courts having jurisdiction under applicable law.
SECTION 23 - HEADINGS
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right to update, change, or replace portions of these Terms by posting updates and changes to our website, subject to applicable law.
Where required by applicable law, we will notify you of material changes. Changes will become effective on the date specified in the applicable notice or, where permitted, when posted.
Your continued use of or access to the Services following an effective change 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 support@torvenwatch.com.
Our contact information is:
Torven Watch LLC
991 US Hwy 22 West, Suite 200V, PMB 1354
Bridgewater, NJ 08807
United States
support@torvenwatch.com