Terms of Service

Overview

This website is operated by Doolkin Inc. ("Doolkin," "we," "us," or "our"). Throughout the site, the terms "we," "us," and "our" refer to Doolkin Inc. Doolkin 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 the following terms and conditions ("Terms of Service," "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on a third-party platform and uses third-party service providers (including, for payment processing, Stripe) that enable us to sell our products and services to you. Your use of those services may be subject to the provider's own terms.

Section 1 — Online Store Terms

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 (in California, 18 years of age), or that you are the age of majority and have given us your consent to allow any of your minor dependents to use this site. Our site and products are not directed to children under 13, and we do not knowingly collect personal information from children under 13.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, or any code of a destructive nature. A breach or violation of any of the Terms will result in immediate termination of your services.

Section 2 — General Conditions

We reserve the right to refuse service to anyone for any lawful reason at any time. You understand that your content (not including payment card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment card information is always encrypted during transfer over networks and is processed by our PCI-compliant payment processor; we do not store full card numbers on our systems.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 — Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information.

Section 4 — Modifications to the Service and Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

Section 5 — Products and Shipping

Certain products may be available exclusively online and may have limited quantities. They are subject to return or exchange only according to our Refund Policy.

We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your device's display of any color will be accurate. We reserve the right to limit the quantities of, or discontinue, any product, and to limit sales to any person, geographic region, or jurisdiction, on a case-by-case basis. All product descriptions and pricing are subject to change at any time without notice.

Shipping and risk of loss. Title and risk of loss for products pass to you upon our delivery of the products to the carrier. Shipping timeframes are estimates, not guarantees. Free shipping promotions (e.g., orders over $70) apply only as described at checkout.

Section 6 — Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us, and to limit or cancel quantities purchased per person, per household, or per order, including orders that appear to be placed by dealers, resellers, or distributors. If we change or cancel an order, we may attempt to notify you using the email and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete, and accurate purchase and account information for all purchases, and to promptly update your account information so that we can complete your transactions and contact you as needed.

Section 7 — Optional Tools and Third-Party Services

We may provide access to third-party tools and services (including payment processing, analytics, and email services) over which we have no control. You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties of any kind. Any use by you of optional third-party tools is entirely at your own risk, and you should review the relevant third party's terms.

Section 8 — Third-Party Links

Third-party links on this site may direct you to third-party websites not affiliated with us. We are not responsible for examining or evaluating their content or accuracy and are not liable for any third-party materials, websites, products, or services. Complaints regarding third-party products should be directed to the third party.

Section 9 — User Comments, Feedback, and Submissions

If you send creative ideas, suggestions, reviews, or other materials ("comments"), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, and otherwise use them in any medium without obligation to (1) maintain confidence, (2) pay compensation, or (3) respond. You agree your comments will not violate any third-party right or contain unlawful, abusive, obscene, or malicious material, and that you will not use a false email address or misrepresent your identity. You are solely responsible for any comments you make.

Section 10 — Personal Information and Privacy (California Rights)

Your submission of personal information through the store is governed by our Privacy Policy. If you are a California resident, the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), gives you certain rights regarding your personal information, including the rights to know, access, correct, delete, and opt out of the "sale" or "sharing" of personal information. Details on how to exercise these rights are in our Privacy Policy.

Section 11 — Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

Section 12 — Prohibited Uses

You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit unlawful acts; (c) to violate any regulations, rules, or laws; (d) to infringe our or others' intellectual property rights; (e) to harass, abuse, or discriminate; (f) to submit false or misleading information; (g) to upload viruses or malicious code; (h) to collect or track others' personal information; (i) to spam, phish, pharm, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service. We reserve the right to terminate your use of the Service for violating any prohibited use.

Section 13 — Intellectual Property and Limited License

All content on this site — including text, graphics, logos, product names, images, designs, and the "Doolkin" name and marks — is the property of Doolkin Inc. or its licensors and is protected by United States and international intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the site for personal, non-commercial purposes. You may not copy, reproduce, modify, distribute, or create derivative works from any part of the site without our prior written permission.

Section 14 — Disclaimer of Warranties; Limitation of Liability

We do not guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free, or that results obtained will be accurate or reliable. The Service and all products delivered through it are (except as expressly stated by us, or as required by non-waivable law) provided "as is" and "as available" without representation, warranties, or conditions of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

To the maximum extent permitted by law, in no case shall Doolkin Inc., our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind — including lost profits, lost revenue, lost savings, loss of data, or replacement costs — arising from your use of the Service or any products. To the maximum extent permitted by law, our total aggregate liability for any claim arising out of or relating to the Service or any product shall not exceed the amount you paid to us for the product(s) giving rise to the claim. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions our liability shall be limited to the maximum extent permitted by law. Nothing in these Terms limits liability that cannot be limited under applicable law.

Section 15 — Product Safety and California Proposition 65

WARNING: Some products sold on this site may contain chemicals known to the State of California to cause cancer and/or birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov.

Section 16 — Indemnification

You agree to indemnify, defend, and hold harmless Doolkin Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, suppliers, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Section 17 — Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. If in our sole judgment you fail to comply with any term, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

Section 18 — Dispute Resolution, Arbitration, and Class Action Waiver

Please read this section carefully — it affects your legal rights.

Informal resolution first. Before filing a claim, you agree to try to resolve the dispute informally by contacting us at [email protected] and allowing 60 days to resolve it.

Binding arbitration. Except as set out below, any dispute or claim arising out of or relating to these Terms or your use of the Service or purchase of products shall be resolved by binding individual arbitration administered under the rules of a recognized arbitration provider, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this provision.

Class action waiver. You and Doolkin agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

Carve-outs. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property rights. Nothing in this section waives any right to seek public injunctive relief where such a waiver is prohibited by California law.

30-day opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing [email protected] with your name and a statement that you opt out of arbitration.

Section 19 — General Provisions

Governing law and venue. These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law rules. Subject to Section 18, you agree that any dispute not subject to arbitration shall be brought exclusively in the state or federal courts located in Los Angeles County, California, and you consent to personal jurisdiction there.

Force majeure. We are not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, labor disputes, carrier delays, supply shortages, or governmental actions.

Electronic communications and consent. By using the Service or providing your email or phone number, you consent to receive electronic communications from us (including order confirmations, shipping updates, and service notices), and you agree that all agreements, notices, and disclosures we provide electronically satisfy any legal requirement that they be in writing.

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

Limitation period. To the extent permitted by law, any claim arising out of or relating to the Service or these Terms must be filed within one (1) year after the claim arose; otherwise it is permanently barred.

Severability. If any provision is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted, and the unenforceable portion shall be severed without affecting the remaining provisions.

Waiver and entire agreement. Our failure to exercise or enforce any right or provision shall not constitute a waiver. These Terms and any policies posted by us constitute the entire agreement between you and us, superseding any prior agreements.

Section 20 — California Consumer Complaint Notice (Cal. Civ. Code § 1789.3)

Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice:

The provider of this service is Doolkin Inc., 122 E 7th St, Ste 802, Los Angeles, CA 90015, telephone (213) 808-3030, email [email protected]. There is no charge to use this website. If you have a complaint regarding the Service, or wish to receive further information regarding use of the Service, you may contact us at the address above, or you may contact:

Section 21 — Accessibility

We are committed to making our website accessible to people with disabilities, consistent with the Americans with Disabilities Act and the California Unruh Civil Rights Act. If you experience difficulty accessing any part of our site, please contact us at [email protected] so we can assist you and improve accessibility.

Section 22 — Contact Information

Questions about the Terms of Service should be sent to us at [email protected].