TERMS OF USE

WHAT ARE THE TERMS OF USE?

These terms and conditions govern your access to and use of toolateddsc.com (“TooLate”) and any other website or application in which we present these terms and conditions (collectively with any content, shopping services, and community services provided by those sites and apps, the “Platform”).  The Platform is owned and operated by TimeLordDSC (“TimeLord”). These terms of use include and incorporate the additional policies and terms referenced here (collectively with these terms and conditions, the “Terms”).  Please read the Terms carefully. By using the Platform, you accept and agree to the Terms. These Terms create a legally binding agreement between you and TimeLord and its affiliates (which we may refer to as “TimeLord”, “we”, “us”, or “our”) regarding your use of the Platform. If you disagree with the Terms, please do not use the Platform and exit immediately.

We reserve the right to change the Terms at any time. These changes will become effective when we post them. Your continued use of our Platform after we post changes to the Terms will mean you accept those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

ELIGIBILITY

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, or that you are 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 this site. We may at all times request written proof of such consent. 

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).

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit 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. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform, use of the Platform, or access to the Platform or any contact on the Platform through which the service is provided, 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.

OWNERSHIP OF CONTENT

All of the content featured or displayed on the Platform, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by TimeLord, its licensors, affiliates, vendors, art collectors, agents and/or its Content providers. All elements of the Platform, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. The Platform may only be used for the intended purpose for which that Platform is being made available.

You may not modify any of the materials or copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Platform. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Platform. For purposes of these Terms, the use of any such material on any other website or networked computer environment is prohibited. You must comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Platform. The Platform, its Content, and all related rights will remain the exclusive property of TimeLord, its collectors, or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark, or other proprietary notices from material found on this Platform.

PRODUCTS & SERVICES

All features, content, specifications, products, and prices of products and services described or depicted on this Platform are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. We have made every effort to display as accurately as possible the colors and images of our products; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Platform is void where prohibited. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) regarding the possession, use, and sale of any item purchased from this Platform. By placing an order, you represent that the products ordered will be used only in a lawful manner.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

NO RESELLING

You may not use this Platform to purchase items for resale. if we determine, in our sole discretion, that you are purchasing items for resale, we reserve the right to, without limitation, cancel your order, refuse returns, refuse refunds, close your account, and take any other action we deem reasonable to restrict your current and future reselling of our products. We reserve the right to stop doing business with customers who violate our no-reselling policy.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We attempt to ensure that the information on this Platform is complete, accurate, and current. Despite our efforts, there may be information on our Platform that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We make no representation as to the completeness, accuracy, or currency of any information on this Platform. For example, products included on this Platform may be unavailable, may have different attributes than those listed, or may carry a different price than that stated on this Platform. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on the Platform is inaccurate at any time without prior notice (including after you have submitted your order).

We reserve the right to modify the contents of this site at any time, but undertake no obligation to update, amend, or clarify information on the service or on the Platform, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on the Platform, should be taken to indicate that all information in the service or on the Platform has been modified or updated. You agree that it is your responsibility to monitor changes to our Platform.

 BILLING & INFORMATION ACCURACY

We may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We also may require verification of information prior to the acceptance and/or shipment of any order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail 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 made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy.

SHIPPING LIMITATIONS

When an order is placed, it will be shipped to an address designated by the purchaser if that shipping address is compliant with the shipping restrictions contained on this Platform. All purchases from this Platform are made pursuant to a shipment contract. As a result, the risk of loss and title for items purchased from this Platform passes to you upon delivery of the items to the carrier. Please review our Returns and Refunds Policy, which is incorporated into these terms. In addition, if delivery is unsuccessful or refused because you provided the incorrect address, we reserve the right to charge you a restocking and reshipping fee. 

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

This Platform may contain links to websites that are not owned, operated, or controlled by TimeLord or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Platform. Neither we nor any of our respective affiliates are responsible for any content, materials, or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, any content, materials, or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Platform, you do so entirely at your own risk.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here.

UNAUTHORIZED USES OF COMPUTER SYSTEM

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Platform or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

ACCOUNT SECURITY

You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Platform.

FEES

For all charges for any products and services sold on the Platform, TimeLord will bill your credit card or alternative payment method offered by TimeLord. Any seasonal surcharges will be included in your order's delivery total and are non-refundable. If legal action is necessary to collect on balances due, you agree to reimburse TimeLord for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You are responsible for the purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Platform.

FORCE MAJEURE

Neither TimeLord nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

DISCLAIMER OF WARRANTIES

You expressly agree that your use of, or inability to use, the Platform is at your sole risk. The Platform and all products and services delivered to you through the Platform are (except as expressly stated by us) 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 or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. Neither TimeLord, nor any of its respective affiliates (i) warrants the accuracy or completeness of the information, materials, or services provided on or through the Platform or (ii) makes any commitments or assumes any duty to update such information, materials, or services.

Neither TimeLord, nor any of its respective affiliates, warrants that the functions contained in this Platform will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components.

We hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this Platform. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. We make no warranties to those defined as “consumers” in the Magnuson-Moss Warranty Act.

LIMITATION OF LIABILITY

Your use of the Platform is at your own risk. You agree that our sole obligation to you is to provide the Platform “as is.” Neither TimeLord nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing, or delivering the Platform shall be liable to you or to any third party for your use of, or the inability to use, the Platform and its Content except in cases of (a) gross negligence, recklessness, or an act of knowing or intentional willful misconduct; or (b) a violation of a consumer protection statute in connection with the Platform. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

In no event will TimeLord or any of their respective directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Platform providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, 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 Platform or any products procured using the Platform, or for any other claim related in any way to your use of the Platform 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 Platform or any content (or product) posted, transmitted, or otherwise made available via the Platform, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

If there are any problem with this Platform or any Content, you agree that your sole remedy is to cease using this Platform. If there is any problem with the products or services that you have purchased on or through this Platform, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer's or supplier's warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this Platform. In no event shall TimeLord total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the greater of (a) fifty dollars ($50.00) or (b) the value of your purchase on the Platform.

INDEMNIFICATION

You agree to indemnify, defend, and hold TimeLord and any affiliated company or individual harmless from any and all liabilities, costs, losses, damages, and expenses, including reasonable attorneys' fees, related to any violation of these Terms by you or your authorized users, or in connection with the use of the Platform or the Internet or your purchases or the placement or transmission of any message or information on this Platform by you or your authorized users or your violation of any law or the rights of a third party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

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 of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also 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; and/or accordingly may deny you access to our Services (or any part thereof).

PLATFORM DISPUTES

“Platform Disputes” include: (a) any claim you may have against TimeLord in connection with the Site, (b) any claim TimeLord may have against you in connection with the Site, and (c) any action to enforce the Terms and Conditions or to object to the Terms and Conditions.

All other disputes are Non-Platform Disputes. Any claim arising from your purchase of an TimeLord product or service is a Non-Platform Dispute. Any claim arising from the content of any offer or advertisement on the Site is a Non-Platform Dispute.

PLATFORM DISPUTE RESOLUTION – ARBITRATION, JURY TRIAL WAIVER, AND CLASS ACTION WAIVER

Neither you nor we will be able to sue in court in connection with a Platform Dispute. All Platform Disputes must be resolved through individual (non-class) arbitration. You indicate your acceptance of these Terms and Conditions, including this agreement to arbitrate, by continuing to use the Site after having the opportunity to review these Terms and Conditions.

You and TimeLord intend for this to be an agreement for arbitration that can be enforced under the Federal Arbitration Act (FAA), 9 U.S.C.A. §§ 1–16. You and TimeLord waive any rights to maintain other available resolution processes for Platform Disputes, such as a court action or administrative proceeding, to settle disputes. You and TimeLord waive any right to a jury trial for Platform Disputes.

Instead of suing in court, we each agree to settle Platform Disputes only by arbitration. The rules in arbitration are different. There’s no judge or jury, and review is limited, but an arbitrator can award the same damages and relief and must honor the same limitations stated in the agreement as a court would.

To the extent, that a party commences any action with includes both Platform Disputes and Non-Platform Disputes, consideration of the Non-Platform Disputes shall be stayed until the Platform Disputes are fully arbitrated. Then, any Non-Platform Disputes will be considered by any court of competent jurisdiction.

You agree that you will not file a class action against TimeLord and its affiliated companies, or participate in a class action against TimeLord and its affiliated companies, in any Platform Dispute. You agree that you will not file or seek a class arbitration, or participate in a class arbitration against TimeLord and its affiliated companies, in any Platform Dispute.

GOVERNING LAW

Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the State of Florida, U.S.A. You consent to the exclusive jurisdiction of the state and federal courts located in Pasco County, Florida. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

We do not guarantee continuous, uninterrupted, or secure access to our Platform, and the operation of the Platform may be interfered with by numerous factors outside of our control.

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

You agree that the Terms may be automatically assigned by TimeLord in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Access and Interference, Limitation of Liability, Indemnity, and Release shall survive any termination or expiration of the Terms.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at 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 to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

In operating the Platform, we may act as a "services provider" (as defined by DMCA) and offer services as an online provider of materials and links to third-party Platforms. As a result, third-party materials that we do not own or control may be transmitted, stored, accessed, or otherwise made available using the Platform. If you believe any material available via the Platform infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is Kyle Frazier, TimeLord, timelorddsc@gmail.com. Please provide the following notice:

Identify the copyrighted work or other intellectual property that you claim has been infringed; Identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the Site; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; your address, telephone number, and email address; and your physical or electronic signature.

ENTIRE AGREEMENT

The failure of us 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 policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs 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 versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

CONTACT INFORMATION

If you do not understand any of the foregoing Terms or if you have any questions or comments, we invite you to contact us by this form here or by email at timelorddsc@gmail.com.