Terms of service

OVERVIEW

Welcome to GatorShell Apparel! “GatorShell Apparel” is the trade name of GatorShell Apparel, LLC. The terms “we,” “us,” and “our” refer to GatorShell Apparel, LLC, doing business as GatorShell Apparel.

GatorShell Apparel operates this store and website, including all related information, content, features, tools, products, and services, to provide you with a curated shopping experience (the “Services”). GatorShell Apparel is powered by Shopify, which enables us to provide the Services.

These terms and conditions, together with any policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms carefully. They include important information about your legal rights, warranty disclaimers, and limitations of liability.

By visiting, interacting with, or using the Services, you agree to these Terms and our Privacy Policy, available at https://gatorshell.store/policies/privacy-policy. If you do not agree, you must not access or use the Services.

SECTION 1 – ACCESS AND ACCOUNTS

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. You also represent that you have given consent for any minor dependents to use the Services through devices you own, purchase, or manage.

You may be asked to provide information such as your name, email address, billing information, payment information, and shipping information. You represent and warrant that all information you provide is correct, current, and complete and that you have the right to provide it.

You are responsible for maintaining the security of your account credentials and for all activity conducted through your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 – PRODUCTS

We make reasonable efforts to accurately display and describe our products. Colors and product appearance may vary depending on your device, screen, settings, and lighting conditions.

We do not warrant that a product’s appearance will be identical to how it is depicted or rendered online.

Product descriptions, availability, colors, sizes, prices, and other details may change without notice. We reserve the right to discontinue products or limit quantities offered to any person, geographic region, or jurisdiction.

Limited-release products may sell out or be discontinued. Unless expressly stated otherwise, future availability of a limited release is not guaranteed.

SECTION 3 – ORDERS

Submitting an order constitutes an offer to purchase. GatorShell Apparel reserves the right to accept or decline an order for any lawful reason. An order is not accepted until we confirm acceptance and successfully process payment.

Please review your order carefully before submitting it. We may be unable to accommodate cancellation or modification requests after an order has been accepted or entered processing.

If we decline, change, or cancel an order, we will attempt to notify you using the contact information provided with the order.

Purchases are subject to our Refund Policy, available at https://gatorshell.store/policies/refund-policy.

You represent that purchases are for personal or household use and not for unauthorized commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts, promotions, and product availability are subject to change without notice. The price charged will be the price in effect when the order is placed and will appear in your order confirmation.

Unless expressly stated otherwise, posted prices do not include applicable taxes, shipping, handling, customs, or import charges.

Promotions may have separate terms. If promotional terms conflict with these Terms, the promotional terms will govern that promotion.

You agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update information necessary to complete transactions or contact you regarding an order.

You represent and warrant that you are authorized to use the payment method provided and that you will pay all applicable charges, shipping costs, and taxes.

SECTION 5 – SHIPPING AND DELIVERY

Shipping and delivery are governed by our Shipping Policy, available at https://gatorshell.store/policies/shipping-policy.

Processing and delivery times are estimates and are not guaranteed. We are not responsible for delays caused by carriers, severe weather, service interruptions, incorrect customer-provided addresses, or events outside our reasonable control.

Customers are responsible for reviewing and confirming their shipping address before placing an order.

Nothing in this section limits rights or remedies available under applicable law.

SECTION 6 – INTELLECTUAL PROPERTY

The Services and their content—including trademarks, names, logos, artwork, designs, text, images, graphics, video, audio, product presentations, and the selection and arrangement thereof—are owned by GatorShell Apparel, LLC, its affiliates, or its licensors and are protected by applicable intellectual-property laws.

You may use the Services only for personal, noncommercial purposes. Without our prior written permission, you must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, sell, license, or transmit protected material from the Services.

Nothing in these Terms grants you a license or other right to intellectual property belonging to GatorShell Apparel, LLC, Shopify, or another party. All rights not expressly granted are reserved.

The GatorShell Apparel name, GatorShell name, logos, product names, designs, artwork, and slogans are trademarks or other intellectual property of GatorShell Apparel, LLC or its licensors. They may not be used without prior written permission.

Shopify’s name, logo, products, services, designs, and slogans are trademarks of Shopify. Other marks appearing through the Services belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS AND THIRD-PARTY SERVICES

We may provide access to tools, features, or services offered by third parties that we do not monitor or control.

Third-party tools are provided “as is” and “as available” without warranties, representations, conditions, or endorsements. Your use of third-party tools is at your own risk and may be subject to separate terms and privacy policies.

The Services may contain links to third-party websites. We are not responsible for evaluating or guaranteeing the content, accuracy, security, products, or practices of third-party websites.

We are not liable for damages arising from your access to third-party websites or your purchase or use of third-party products, services, resources, or content. Questions concerning third-party products or services should be directed to the applicable provider.

SECTION 8 – RELATIONSHIP WITH SHOPIFY

GatorShell Apparel is powered by Shopify, which enables us to provide the Services. However, sales and purchases made through our store are made directly with GatorShell Apparel, LLC.

Shopify is not responsible for sales between you and GatorShell Apparel, LLC or for injuries, damages, or losses resulting from products purchased from us.

To the fullest extent permitted by law, you release Shopify and its affiliates from claims and liabilities arising from transactions with GatorShell Apparel, LLC.

SECTION 9 – PRIVACY

Personal information collected through the Services is subject to our Privacy Policy, available at https://gatorshell.store/policies/privacy-policy.

Certain information may also be subject to Shopify’s Privacy Policy, available at https://www.shopify.com/legal/privacy.

Because Shopify hosts the Services, Shopify processes information relating to your access to and use of the Services. Information you submit may be shared with Shopify and service providers that may operate outside the country where you reside.

By using the Services, you acknowledge that you have reviewed the applicable privacy policies.

SECTION 10 – FEEDBACK AND REVIEWS

If you submit reviews, ideas, suggestions, feedback, proposals, photographs, or other content (“Feedback”), you grant GatorShell Apparel, LLC a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback for lawful business purposes.

You represent and warrant that:

(a) you own or possess the necessary rights to the Feedback;

(b) you have disclosed any compensation or incentive connected to the Feedback;

(c) the Feedback is accurate to the best of your knowledge; and

(d) the Feedback complies with these Terms and applicable law.

Feedback must not violate intellectual-property, privacy, publicity, or other rights; contain unlawful, abusive, obscene, or defamatory material; or contain malicious code.

We may monitor, edit, decline, or remove Feedback at our discretion. We are not obligated to keep Feedback confidential, compensate you, or respond to it.

SECTION 11 – ERRORS AND OMISSIONS

Information available through the Services may occasionally contain typographical errors, inaccuracies, or omissions concerning product descriptions, pricing, promotions, shipping charges, transit times, availability, or other matters.

We reserve the right to correct errors, update information, or cancel orders affected by materially inaccurate information, including after an order has been submitted, subject to applicable law.

SECTION 12 – PROHIBITED USES

You may use the Services only for lawful purposes. You must not use the Services:

(a) for unlawful, fraudulent, or malicious purposes;

(b) to violate applicable laws, regulations, rules, or ordinances;

(c) to infringe our 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 upload, download, transmit, or reuse material that violates these Terms;

(g) to send spam, junk mail, chain letters, or unauthorized solicitations;

(h) to impersonate another person or entity;

(i) to introduce viruses, malware, or harmful code;

(j) to collect or track another person’s information without authorization;

(k) to interfere with or circumvent security, authentication, access controls, robot-exclusion measures, or other protective systems; or

(l) to restrict another person’s use or enjoyment of the Services.

You must not reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services without authorization.

You must not use robots, spiders, scraping tools, data-extraction tools, automated devices, artificial-intelligence tools, agentic AI, or similar methods to access the Services except as expressly permitted under Section 13.

We may suspend or terminate access if we determine that these Terms have been violated.

SECTION 13 – AGENTS

13.1 This section applies if you use, enable, or deploy software that takes autonomous or semi-autonomous action on behalf of a person or entity (an “Agent”) to access or interact with the Services.

13.2 An Agent may access the Services only when it identifies itself and operates in accordance with this section. An Agent must stop accessing the Services if we request that it do so.

13.3 We may use technical measures to limit whether and how Agents access or interact with the Services.

13.4 Agents must:

(a) identify automated HTTP or HTTPS requests as originating from an Agent and disclose the Agent’s name in the user-agent string using “Agent/[agent name]”;

(b) not conceal or misrepresent automated activity as human activity;

(c) not complete, bypass, or circumvent CAPTCHAs or other measures intended to distinguish computers from humans;

(d) respond truthfully to prompts asking whether an interaction originates from a person or computer; and

(e) not circumvent measures intended to block, limit, or control automated access.

SECTION 14 – TERMINATION

We may terminate these Terms or restrict your access to the Services, in whole or in part, if you violate these Terms or if termination is otherwise permitted by law.

You remain responsible for amounts due through the effective date of termination.

Provisions concerning intellectual property, Feedback, warranty disclaimers, liability limitations, indemnification, governing law, and other provisions that by their nature should survive will remain effective after termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

Information presented through the Services is provided for general informational purposes. We do not warrant that all information is accurate, complete, or useful. Reliance on information provided through the Services is at your own risk.

EXCEPT AS EXPRESSLY STATED BY GATORSHELL APPAREL, LLC OR REQUIRED BY LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL ALWAYS BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS. IN THOSE JURISDICTIONS, THESE DISCLAIMERS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 16 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, GATORSHELL APPAREL, LLC AND ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST DATA, OR REPLACEMENT COSTS ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER A CLAIM IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANOTHER LEGAL THEORY, EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

SECTION 17 – INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless GatorShell Apparel, LLC, Shopify, and their respective affiliates, owners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, liabilities, and reasonable attorneys’ fees arising from:

(a) your material breach of these Terms;

(b) your violation of applicable law or another person’s rights; or

(c) your misuse of the Services.

We will notify you of an indemnifiable claim. A delay in notification will not relieve your obligations unless the delay materially prejudices your ability to respond.

We may control the defense and settlement of a covered claim, but we will not agree to a settlement imposing nonmonetary obligations on you without your reasonable consent. You agree to cooperate in the defense of covered claims.

SECTION 18 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law or severed to the minimum extent necessary.

The remaining provisions will continue in full force and effect.

SECTION 19 – WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision does not waive that right or provision.

These Terms and the policies incorporated by reference constitute the entire agreement between you and GatorShell Apparel, LLC concerning the Services and supersede prior communications or agreements concerning the same subject matter.

Ambiguities will not be construed against a party solely because that party drafted the language.

SECTION 20 – ASSIGNMENT

You may not assign or transfer these Terms or your rights or obligations under them without our prior written consent.

We may assign or transfer these Terms and our rights and obligations in connection with a merger, acquisition, sale of assets, reorganization, change of control, or as otherwise permitted by law.

SECTION 21 – GOVERNING LAW AND VENUE

These Terms and separate agreements through which we provide the Services are governed by and construed in accordance with the laws of the State of Louisiana, without regard to conflict-of-law principles.

To the extent permitted by law, you and GatorShell Apparel, LLC consent to the exclusive jurisdiction and venue of the state courts located in Livingston Parish, Louisiana, and the United States District Court for the Middle District of Louisiana.

SECTION 22 – HEADINGS

Section headings are included for convenience only and do not limit or otherwise affect these Terms.

SECTION 23 – CHANGES TO THESE TERMS

You may review the current version of these Terms on this page.

We may update these Terms by posting a revised version to the website. When required by applicable law, we will provide notice of material changes.

Changes become effective on the date stated in the notice or, if no date is stated, when posted. Continued use of the Services after changes become effective constitutes acceptance of the revised Terms to the extent permitted by law.

SECTION 24 – CONTACT INFORMATION

Questions about these Terms should be submitted through our Contact page at https://gatorshell.store/pages/contact or emailed to chabasco@gatorshell.us.

GatorShell Apparel, LLC
Doing business as GatorShell Apparel
Email: chabasco@gatorshell.us
Business-address information is provided in our Contact Information policy.