Terms of service
Welcome to StrokeCrank! The terms “we,” “us,” and “our” refer to StrokeCrank. StrokeCrank operates this store and website, including all information, content, features, tools, products, and related services to provide you, the customer, with a premium shopping experience (the “Services”). StrokeCrank uses Shopify technology, which allows us to provide the Services.
The following terms and conditions, along with any policies referenced herein (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 [LINK]. If you do not agree with these Terms of Service or 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 of legal age in your state or province of residence and have provided consent for 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 required to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our store is accurate, current, and complete and that you have all necessary rights to provide this information.
You are solely responsible for maintaining the security of your account credentials and all activity under 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 on our online store. However, please note that colors or product appearance may differ from how they are displayed on your screen due to your device type and its settings.
We do not guarantee that the appearance or quality of any product or service you acquire will meet your expectations or match how it is presented in our online stores.
All product descriptions may be modified at any time without prior notice at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit quantities of any product we offer to any individual, geographic region, or jurisdiction.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. StrokeCrank reserves the right to accept or reject your order for any reason at our sole discretion. Your order will not be accepted until StrokeCrank confirms acceptance. Payment must be received and processed before acceptance.
You should review your orders carefully before purchasing, as StrokeCrank may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, change, or cancel an order, we will attempt to notify you via the email, billing address, or phone number provided at the time of order.
Returns or exchanges may only be made in accordance with our Refund Policy [LINK].
You represent and warrant that your purchase is for personal or domestic use and not for resale or commercial export.
SECTION 4 – PRICING 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 of order and will be reflected in your order confirmation email. Unless otherwise expressly stated, published prices do not include taxes, shipping, handling, customs, or import charges.
Prices on our online stores may differ from those offered in physical stores or other online stores operated by third parties. Occasionally, we may offer promotions on the Services that affect pricing strategies and are governed by terms that differ from these Terms. In the event of a conflict between a promotion’s terms and these Terms, the promotion’s terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You agree to promptly update your account and other information, including email address, credit card numbers, and expiration dates, so we can complete your transaction and communicate with you as necessary.
You represent and warrant that: (i) the credit card information you provide is truthful, accurate, and complete; (ii) you are authorized to use the credit card for the purchase; (iii) charges incurred will be accepted by your card issuer; and (iv) you will pay all charges at the listed prices, including shipping, handling, and applicable taxes, if any.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for any delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by the carrier, customs, or events beyond our control. Once products are transferred to the carrier, title and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, logos, text, samples, images, graphics, product reviews, videos, audio, and the design, selection, and arrangement thereof, are owned by StrokeCrank, its affiliates, or licensors and are protected by U.S. and foreign patents, copyright, and other intellectual property laws.
These Terms allow you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Unless explicitly stated herein, nothing in these Terms grants or is interpreted to grant you a license or other rights under any patent, trademark, copyright, or other intellectual property of StrokeCrank, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted are reserved by StrokeCrank.
The names, logos, product and service names, designs, and slogans of StrokeCrank are trademarks of StrokeCrank or its affiliates or licensors. You may not use such trademarks without prior written permission. The names, logos, product and service names, designs, and slogans of Shopify 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
You may be provided access to customer tools offered by third parties as part of the Services, which we do not monitor or control and provide without any contribution.
You acknowledge and agree that access to such tools is provided “as is” and “as available” without warranties, representations, or conditions of any kind and without endorsement. We will have no liability arising from or related to your use of optional third-party tools.
Any use you make of the optional tools provided through the site is entirely at your own risk and discretion, and you should ensure you are familiar with and approve the terms under which the relevant third-party providers provide the tools.
We may also offer new features in the future through the Services (including the release of new tools and resources). Such 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 any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access.
If you decide to leave the Services to access these materials or third-party websites, you do so at your own risk. We are not responsible for any damages or losses related to your access to any third-party website, or your purchase or use of any product, service, resource, or content on any third-party website. Please review the third party’s policies and practices carefully and ensure you understand them before transacting. Any complaints, claims, or questions regarding third-party products and services should be directed to the third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE TO ENTREPRENEUR: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.]
StrokeCrank operates using Shopify technology, which allows us to provide the Services. However, any sale or purchase you make in our store is conducted directly with StrokeCrank. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and StrokeCrank, including any injury, damage, or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchase and transaction with StrokeCrank.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be found here [LINK], and certain personal information may also be subject to Shopify’s Privacy Policy, which can be found here [LINK]. By using the Services, you acknowledge that you have read this Privacy Policy.
Since the Services are hosted by Shopify, Shopify collects and processes personal information about your access and use of the Services to provide and improve our Services. Any information you submit to the Services will be transmitted and shared with Shopify, as well as with third parties who may be located in a country other than your residence, to provide the Services. Review our Privacy Policy [LINK] for more information about how we, Shopify, and our partners use your personal information.
SECTION 11 – COMMENTS
If you submit, upload, publish, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively “comment”), you grant us a perpetual, worldwide, sublicensable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such comment in any media for any purpose, including commercial use.
For example, we may use these rights to operate, provide, evaluate, improve, optimize, and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to the comment; (ii) you have disclosed any compensation or incentive received in connection with the submission of your comment; and (iii) your comment complies with these Terms.
We have no obligation to keep your comment confidential, pay compensation for your comment, or respond to your comment.
We may, but are not obligated to, monitor, edit, or remove comments that we determine, at our sole discretion, to be illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise unacceptable or that violate the intellectual property of any party or these Terms of Service.
You agree that your comment will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other proprietary rights. Your comment must not contain defamatory or otherwise illegal, abusive, or obscene content, nor any computer viruses or other malware that may affect the Services. You may not use a false email address, impersonate anyone other than yourself, or misrepresent your comment’s origin. You are solely responsible for your comment and its accuracy.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information in or through the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (even after you have placed your 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 illegal or malicious purpose;
(b) to violate any regulation, rule, international, federal, provincial, or state law, or local ordinance;
(c) to infringe our intellectual property rights or those of others;
(d) to harass, abuse, insult, harm, defame, slander, belittle, intimidate, or harm any of our employees or any other person;
(e) to transmit false or misleading information;
(f) to knowingly send, receive, upload, download, use, or reuse any material that does not comply with these Terms;
(g) to transmit or attempt to transmit any advertising or promotional material, including any “spam,” “chain letters,” “junk mail,” or similar requests;
(h) to impersonate or attempt to impersonate any other person or entity; or
(i) to engage in any other conduct that restricts or inhibits the use or enjoyment of the Services by any person, or that, as determined by us, may harm StrokeCrank, Shopify, or the Services’ users, or expose them to liability.
You also agree not to:
(a) upload or transmit viruses or any malicious code that may be used in any way that affects the Services’ functionality;
(b) reproduce, duplicate, copy, extract, sell, resell, or exploit any part of the Services;
(c) collect or track personal information of others;
(d) spam, phish, pharm, or pretext the Services;
(e) use any robots, spiders, scraping tools, data collection and extraction tools, automated or manual processes, AI tools, or automated means to access the Services; or
(f) interfere with, bypass, or circumvent security or authorization functions, robot exclusion headers, or other measures we employ to restrict access to the Services.
We reserve the right to suspend, deactivate, or terminate your account at any time, without notice, if we determine you have violated any part of these Terms.
SECTION 14 – AGENTS
14.1 This section (“Agent Terms”) applies if you use, allow, enable, or cause the implementation of an Agent to access, use, or interact with any Service. “Agent” means any software or service that performs autonomous or semi-autonomous actions on behalf of or by instruction of any person or entity and that 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 it is at all times identified and operates in strict compliance with the requirements in Section 14.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including by technical measures, the access, use, and interaction of any Agent with the Services and how it does so.
14.4 Agents must:
(i) in every HTTP/HTTPS request, identify that the request originates from an Agent and disclose the Agent’s name including the following in the request’s user-agent field: “Agent/[agent name]”;
(ii) not obscure or create confusion about the source of access, use, or interaction, such as (a) mimicking human behavior or interaction patterns, or (b) completing or bypassing CAPTCHAs or measures designed to distinguish human from computer use;
(iii) respond truthfully to any question or instruction seeking to determine if the interactions come from a human or a computer;
(iv) not circumvent or otherwise evade any measure designed to block, limit, modify, or control if Agents access, use, or interact with the Services and how they do so.
SECTION 15 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without notice, and you will remain responsible for all amounts due up to and including the date of termination.
The following sections will continue to apply after any termination: Intellectual Property, Comments, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Discrepancy, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 16 – DISCLAIMER OF WARRANTIES
The information presented in or through the Services is provided for general informational purposes only. We make no representations or warranties regarding the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of your Content.
UNLESS EXPRESSLY INDICATED BY THE ENTREPRENEUR, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE ENTREPRENEUR, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR 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, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCT PURCHASED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ANY ERROR OR OMISSION IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) PUBLISHED, TRANSMITTED, OR MADE AVAILABLE IN ANY OTHER WAY THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless StrokeCrank, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including attorney’s fees, payable to any third party arising out of or resulting from (1) your breach of these Terms of Service or incorporated documents, (2) your violation of any law or the rights of a third party, or (3) your access and use of the Services.
We will notify you of any indemnifiable claim, provided that failure to promptly notify does not relieve you of your obligations unless material harm occurs. We may control the defense and resolution of such claim at our expense, including the choice of counsel, but will not settle any claim that imposes non-monetary obligations on you without your consent (which will not be unreasonably withheld). You agree to cooperate in defending indemnification claims, including providing relevant documents.
SECTION 19 – SEVERABILITY
If any provision of these Terms of Service is determined to be illegal, void, or unenforceable, such provision shall nevertheless be enforceable to the maximum extent permitted by applicable law, and the unenforceable part shall be deemed excluded from these Terms of Service. This 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 shall not constitute a waiver of such right or provision.
These Terms of Service and any policy or operating rule posted by us on this site or regarding the Service constitute the complete agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior version of the Terms of Service).
Any ambiguity in interpreting these Terms of Service will not be construed against the drafting party.
SECTION 21 – ASSIGNMENT
You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and 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.
SECTION 22 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where StrokeCrank is located. You and StrokeCrank consent to the jurisdiction and personal jurisdiction of such courts.
SECTION 23 – HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 – CHANGES TO THE TERMS OF SERVICE
You may review the most current 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. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms as required by applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services after posting any changes constitutes your acceptance of those changes.
SECTION 25 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to: strokecrank@hotmail.com