Terms of service

SECTION 1 - ACCESS AND ACCOUNT By agreeing to these Terms of Service, you confirm you have reached the legal age of majority in your state or province of residence, and you grant us consent to allow any minor dependents under your supervision to use the Services on devices you own, purchase or manage. To use the Services, including browsing our online store or purchasing any products or services we offer, you may be required to provide specific details such as your email address, billing information, payment details and shipping address. You confirm and guarantee that all information you submit through our store is accurate, up-to-date and complete, and that you hold full authority to provide this information. You bear sole responsibility for maintaining the security of your account login details and for all actions taken under your account. You may not transfer, sell, assign or license your account to any other individual or entity.

SECTION 2 - OUR PRODUCTS We have made every effort to present precise visual representations of our products and services across our online store. However, please note that product colors and visual details may appear differently on your screen, depending on the type of device you use to access the store and your device’s display settings. We do not guarantee that the appearance or quality of any products or services you purchase will match your expectations, or that they will be identical to the visuals displayed in our online store. All product descriptions may be updated at any time without prior notice at our sole discretion. We reserve the right to discontinue any product at any time, and may limit the quantity of any products available to any individual, geographic region or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS When you submit an order, you are making an offer to purchase products from us. The Layout Company retains the right to approve or reject your order for any reason at our sole discretion. Your order is not considered accepted until we issue formal confirmation of acceptance. Payment must be received and processed before your order is officially confirmed. Please review your order carefully before submission, as we may be unable to process cancellation requests once an order has been accepted. If we do not accept, modify or cancel an order, we will attempt to notify you using the email address, billing contact or phone number provided at the time of purchase. All purchases are eligible for return or exchange solely in accordance with our Refund Policy. You confirm and guarantee that your purchases are for your personal or household use only, and not for commercial resale or export purposes.

SECTION 4 - PRICES AND BILLING Prices, discounts and promotional offers are subject to adjustment without prior notice. The price charged for a product or service will be the rate in effect at the time your order is placed, and will be listed in your order confirmation email. Unless explicitly stated otherwise, listed prices exclude applicable taxes, shipping fees, handling charges, customs duties and import fees. Prices listed in our online store may differ from prices offered in physical retail locations, or in online stores operated by third-party entities. We may occasionally run promotions on the Services that impact pricing; these promotions are governed by separate terms and conditions independent of these Terms. In the event of a conflict between promotion-specific terms and these Terms, the promotion terms shall take precedence. You agree to provide up-to-date, complete and accurate purchase, payment and account details for all transactions made through our store. You agree to promptly update your account and associated information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You confirm and guarantee that (i) the credit card information you provide is true, accurate and complete, (ii) you are fully authorized to use the credit card for this purchase, (iii) all charges incurred by you will be approved by your credit card issuer, and (iv) you will pay all charges incurred at the listed prices, including shipping and handling fees and all applicable taxes where required.

SECTION 5 - SHIPPING AND DELIVERY We bear no liability for delays in shipping or final delivery. All delivery timeframes are provided as estimates only and do not constitute guaranteed delivery dates. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our reasonable control. Once products are transferred to the shipping carrier, ownership and risk of loss transfer to you.

SECTION 6 - INTELLECTUAL PROPERTY Our Services, including but not limited to all trademarks, brand assets, text, displays, images, graphics, product reviews, video and audio content, as well as the design, selection and arrangement of all elements, are the property of The Layout Company, its affiliated entities and licensed partners, and are protected by copyright, trademark and intellectual property laws across the United States and other jurisdictions. These Terms grant you permission to use the Services for your personal, non-commercial use only. You must not copy, distribute, alter, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent. Except as explicitly stated in this document, nothing in these Terms shall be interpreted as granting any license or rights to any patent, trademark, copyright or other intellectual property owned by The Layout Company, Shopify or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not explicitly granted herein are reserved by The Layout Company. The Layout Company’s names, logos, product and service names, designs and slogans are trademarks of The Layout Company, its affiliated entities or licensed partners. You must not use such trademarks without prior written permission from The Layout Company. 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 featured on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS You may be granted access to third-party customer tools as part of the Services, which we do not oversee, control or contribute to in any way. You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations or conditions of any kind, and without any form of endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use of optional tools offered through the site is solely at your own risk and judgment, and you should ensure you are familiar with and agree to the terms under which the tools are provided by the relevant third-party providers. We may also introduce new features through the Services in the future (including the release of new tools and resources). Such new features shall also be considered part of the Services and subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS The Services may contain content and hyperlinks leading to external websites operated by third parties (including any embedded third-party functionality). We are not responsible for reviewing or verifying the accuracy or quality of any third-party content or websites you choose to access. If you choose to leave our Services to access these third-party materials or sites, you do so at your sole risk. We are not liable for any harm or damages related to your access to third-party websites, or your purchase or use of any products, services, resources or content on those websites. Please carefully review the policies and practices of third parties before engaging in any transaction with them. All complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY [NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.] The Layout Company is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases made in our store are conducted directly with The Layout Company. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales transactions between you and The Layout Company, including any injury, damage or loss resulting from purchased products and services. You hereby explicitly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with The Layout Company.

SECTION 10 - PRIVACY POLICY All personal information we collect through the Services is governed by our Privacy Policy, which can be viewed on the Privacy Policy page of our website. Certain personal information may also be subject to Shopify’s Privacy Policy, which can be accessed directly via Shopify’s official platform. By using the Services, you acknowledge that you have read and understood these privacy policies. As the Services are hosted by Shopify, Shopify gathers and processes personal data about your access to and use of the Services in order to deliver and improve the Services for you. Information you submit through the Services will be sent to and shared with Shopify, as well as third-party service providers that may be located in countries other than your country of residence, to support service delivery. Please review our privacy policy for more details on how we, Shopify and our partners use your personal information.

SECTION 11 - FEEDBACK If you submit, upload, post, email or otherwise share any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, global, sublicensable, royalty-free usage license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use. For example, we may exercise our rights under this license to run, deliver, assess, refine, improve and promote the Services, and to fulfill our obligations and exercise our rights under these Terms of Service. You also confirm and guarantee that: (i) you own or hold all necessary rights to all Feedback you submit; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation (1) to keep your Feedback confidential; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback. We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be illegal, harassing, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service. You agree that your Feedback will not violate any rights of third parties, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not contain libelous, unlawful, abusive or obscene content, or include any computer virus or other malicious code that could disrupt the operation of the Services or any related website. You may not use a false email address, impersonate another person or entity, or otherwise mislead us or third parties regarding the origin of any Feedback. You are solely responsible for any Feedback you submit and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS Occasionally, information on or within the Services may contain typos, factual inaccuracies or oversights related to product details, pricing, promotional offers, product shipping charges, transit times and product availability. We reserve the right to rectify any errors, inaccuracies or omissions, and to update or modify information or cancel orders if any information is found to be inaccurate, at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES You may access and use the Services exclusively for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (c) to infringe on or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or harm any of our employees or any other individual; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms; (g) to transmit or facilitate the sending of any advertising or promotional material, including “junk mail,” “chain letters,” “spam” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm The Layout Company, Shopify or users of the Services, or expose them to legal liability. Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that may impact the functionality or operation of the Services; (b) copy, duplicate, reproduce, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of other users; (d) spam, phish, pharm, pretext, spider, crawl or scrape the Services; or (e) interfere with or circumvent the security features of the Services or any related website. We reserve the right to suspend, deactivate or terminate your account at any time, without notice, if we determine that you have violated any portion of these Terms.

SECTION 14 - TERMINATION We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time, without prior notice. You will remain responsible for all outstanding amounts owed up to and including the date of termination. The following sections will remain in effect after any termination of this agreement: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES The information presented on or through the Services is provided for general informational purposes only. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is entirely at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents. EXCEPT AS EXPLICITLY STATED BY THE LAYOUT COMPANY, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES 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 IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 - LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LAYOUT COMPANY, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE HELD LIABLE FOR ANY HARM, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST 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 PRODUCTS PURCHASED THROUGH 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 ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17 - INDEMNIFICATION You agree to indemnify, defend and hold free from liability The Layout Company, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party resulting from or arising out of (1) your breach of these Terms of Service or the documents incorporated by reference herein, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services. We will notify you of any indemnifiable claim; provided that a failure to promptly notify will not relieve you of your obligations unless you suffer material prejudice as a result. We may lead the defense and settlement of such claims at your expense, including selection of legal counsel, but will not settle any claim that imposes non-monetary obligations on you without your consent (which shall not be unreasonably withheld). You will cooperate with the defense of indemnified claims, including by providing relevant documentation.

SECTION 18 - SEVERABILITY In the event that any provision of these Terms of Service is determined to be illegal, void or unenforceable, such provision shall nonetheless be enforced to the maximum extent allowed by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of all remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT Our failure to exercise or enforce any right or provision of these Terms of Service shall not be deemed a waiver of that right or provision. These Terms of Service and any policies or operating rules posted by us on this site regarding the Services constitute the full agreement and understanding between you and us, and govern your use of the Services, replacing all prior or simultaneous agreements, communications and proposals, whether oral or written, between you and us (including but not limited to any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - ASSIGNMENT You may not delegate, transfer or assign this agreement or any of your rights and obligations hereunder without our prior written consent, and any such attempt shall be deemed null and void. We may transfer, assign or delegate these Terms and our associated rights and obligations without prior consent or notice to you.

SECTION 21 - GOVERNING LAW These Terms of Service and any separate agreements through which we provide Services to you shall be governed by and interpreted in line with the federal and state laws of the jurisdiction where The Layout Company is headquartered. You and The Layout Company agree to the personal jurisdiction and venue of such courts.

SECTION 22 - HEADINGS The headings used in this agreement are included solely for ease of reference and do not limit or otherwise impact the interpretation of these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE You may access the most up-to-date version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, modify or replace any portion of these Terms of Service by posting updates and changes to our website. It is your responsibility to review our website regularly for updates. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at service@balmray.com. Our contact information is listed below: service@balmray.com The Layout Company 570 W Cheyenne Ave #130, North Las Vegas, NV 89030 Phone: (702) 6855201