Terms of service

This Website, www.squidcrysals.com, is operated by Squid Crystals, LLC. Throughout the Website, the terms "we," "us," and "our" refer to Squid Crystals, LLC. We offer this Website, including all information, tools, and services available from this Website, to you, the User, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our Website and/or purchasing something from us (“Products”), you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service," "Terms"). The Terms explicitly cover both the use of the Website and the purchase of Products. These Terms apply to all Users of the Website, including browsers, customers, and content contributors.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE. By accessing or using any part of the Website, you agree to be bound by these Terms. If you do not agree to all the Terms, then you may not access the Website or use any Service.

THESE TERMS CONTAIN A MANDATORY ARBITRATION CLAUSE IN SECTION 17. EXCEPT FOR THE RIGHT TO FILE CLAIMS IN SMALL CLAIMS COURT, THIS CLAUSE REQUIRES YOU TO WAIVE YOUR RIGHT TO A JURY TRIAL AND YOUR ABILITY TO PARTICIPATE IN CLASS ACTIONS.

Any new features or tools added to the Website shall also be subject to the Terms. We reserve the right to update, change, or replace any part of these Terms 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 Website is hosted and designed using Squarespace. We refer you to Squarespace’s Terms of Service and Privacy Policy.

SECTION 1 – ELIGIBILITY AND PROHIBITED USE

1.1 Eligibility and Consent: By agreeing to these Terms, you represent that you are at least 18 years old. If you are an adult and you allow any minor under your supervision to use this Website, you accept full responsibility for their use and compliance with these Terms.

1.2 Prohibited Uses and Termination: You may not use our Products for any illegal or unauthorized purpose, nor may you, in the use of the Website, violate any laws in your jurisdiction—including but not limited to copyright laws. You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your use of the Website.

SECTION 2 – GENERAL CONDITIONS

2.1 Right to Refuse Service: We reserve the right to refuse Service to anyone for any reason at any time.

2.2 Data Transfer: You understand that your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks. We note that 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 Service, use of the Service, or access to the Service without express written permission by us.

2.3 Headings for Convenience: 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

3.1 General Accuracy: We are not responsible if information made available on this Website is not accurate, complete, or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Website is at your own risk.

3.2 Historical Information: This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

4.1 Price Changes: Prices for our Products are subject to change without notice.

4.2 Service Modification: We reserve the right at any time to modify or discontinue the Service or any part or content thereof without notice at any time.

4.3 Limitation on Liability for Changes: 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 – ORDERING, BILLING, AND PAYMENT

5.1 Order Acceptance and Cancellation: Your order is an offer to buy. We may accept or decline any order at our discretion. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. In the event we cancel an order after charging you, we will promptly refund the amount paid.

5.2 Accuracy of Billing and Account Information: You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Website. You agree to promptly update your account information, including your email address and payment method details, so we can complete your transactions and contact you as needed.

5.3 Prices and Taxes: All prices, discounts, and promotions posted on this Website are subject to change without notice. Posted prices do not include taxes or charges for shipping and handling. Taxes and shipping are added at checkout and will be itemized in your order confirmation email. We reserve the right to correct any inadvertent typographical errors, inaccuracies, or omissions, and to cancel any orders arising from these occurrences.

5.4 Payment Authorization via Third Party Service: WE USE SQUARESPACE AS OUR THIRD-PARTY PAYMENT PROCESSOR TO SECURELY COLLECT AND PROCESS YOUR FINANCIAL INFORMATION. By placing an order, you authorize us and our processor to charge your payment method for the total order amount. You represent that you are authorized to use the payment method for the purchase, and that charges incurred by you will be honored by your financial institution. By using a third-party payment processor, you agree to be bound by the terms and conditions of that processor, including Squarespace’s Terms of Service and Privacy Policy.

SECTION 6 – PRODUCT INFORMATION AND USE

6.1 Product Accuracy and Limits: We aim to describe Products accurately, including but not limited to color, size, weight, and natural variations. You acknowledge and accept that, as natural minerals, Products may inherently contain fissures, inclusions, pits, or other natural characteristics, and these are not considered defects or grounds for a claim that the item is materially different from its description.

6.2 Product Use Disclaimer: Items are for decorative or spiritual use only. Products are not to be used for medical devices and not intended to diagnosis, treat, cure, or prevent any disease or illness.

SECTION 7 – SHIPPING, LOSS, AND RETURNS

7.1 Shipping and Risk of Loss: We arrange shipment to the address you provide. Shipping and handling charges will appear at checkout. TITLE AND RISK OF LOSS PASS TO YOU WHEN WE HAND THE PRODUCTS TO THE CARRIER. Delivery dates are estimates only and are not guaranteed. We are not responsible for delays once your package is in transit.

7.2 Damaged or Lost Items: All purchases are shipped via USPS Ground Advantage and include the insurance coverage offered by that service. We insure all purchases up to the value of the purchase. BECAUSE SHIPPING DAMAGE OR LOSS IS COVERED BY CARRIER INSURANCE, WE CANNOT ISSUE DIRECT REFUNDS OR REPLACEMENTS FOR ITEMS DAMAGED, LOST, OR MISSING IN TRANSIT. We will provide the link to USPS claims website and discuss questions you may have regarding the process of filing your claim directly with USPS, which is responsible for approving and paying reimbursement.

7.3 Returns and Refunds: ALL SALES ARE FINAL AND NON-RETURNABLE. If an item you receive is incorrect or materially different from what was displayed or described on the Website, you must contact us at squidcrystals@gmail.com within seven (2) days of delivery. We will review the issue and, at our reasonable discretion, determine an appropriate solution.

SECTION 8 – THIRD PARTY LINKS AND OPTIONAL TOOLS

8.1 Optional Tools: We may provide you with access to third-party tools over which we neither monitor nor have any control or 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. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

8.2 Third-Party Links: Certain content, Products, and Services may include materials from third-parties. Third-party links on this Website may direct you to external websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, or for any other products or services of third-parties. Any harm or damages related to transactions made in connection with third-party websites must be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

9.1 User Submissions and Rights: 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.

9.2 Monitoring and Prohibitions: We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other 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.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the Website is governed by our Privacy Policy. Please review our Privacy Policy, located [Privacy Policy 2 — Squid Crystals], for details on how we collect, use, and share your personal information.

SECTION 11 – DISCLAIMER OF WARRANTIES

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all Products delivered to you through the Service 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 or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

SECTION 12 – LIMITATION OF LIABILITY

12.1 Limitation on Damages: IN NO CASE SHALL SQUID CRYSTALS, LLC OR OUR OWNERS, 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, 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 SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE.

12.2 Liability Cap: BECAUSE OUR PRODUCTS ARE FOR DECORATIVE OR SPIRITUAL USE ONLY (AS STATED IN SECTION 6.2), YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM WHATSOEVER SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT GIVING RISE TO THE CLAIM.

SECTION 13 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Squid Crystals, LLC or our owners, employees, affiliates, agents, contractors, suppliers, service providers, or licensors 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 14 – PROHIBITED USES

14.1 General Prohibitions: In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Website or its content:

(a) Unlawful Acts: For any unlawful purpose or to solicit others to perform or participate in any unlawful acts, including violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances.

(b) Intellectual Property: To infringe upon or violate our intellectual property rights or the intellectual property rights of others. Unauthorized use of our product photographs, including but not limited to copying, reproducing, or using images of our Products for commercial purposes, is strictly prohibited and constitutes a violation of our intellectual property rights.

(c) Harmful Conduct: To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.

(d) Malicious Code and Fraud: To submit false or misleading information; to upload or transmit viruses or any other type of malicious code that will or may affect the functionality or operation of the Service or any related Website, other websites, or the Internet.

(e) Tracking and Interference: To collect or track the personal information of others; to spam, phish, pharm, pretext, spider, crawl, or scrape; or to interfere with or circumvent the security features of the Service or any related Website, other websites, or the Internet.

14.2 Right to Terminate: We reserve the right to terminate your use of the Service or the Website for violating any of the prohibited uses.

SECTION 15 – FORCE MAJEURE

Squid Crystals, LLC is not responsible for any delay or failure to perform resulting from causes beyond our reasonable control, including but not limited to, natural disasters, shipping disruptions, strikes, government actions, or acts of God. If such an event occurs, we’ll do our best to communicate updates and resume normal operations as soon as feasible.

SECTION 16 – SEVERABILITY

In the event that any provision of these Terms 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. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 – GOVERNING LAW

These Terms and any separate agreements whereby we provide you Products shall be governed by and construed in accordance with the internal laws of the State of Oregon, without regard to its conflicts of law principles.

SECTION 18 – DISPUTE RESOLUTION AND ARBITRATION

18.1 Dispute Negotiation Requirement: Before either party begins arbitration, you and Squid Crystals, LLC agree to try to resolve any dispute through good-faith negotiation for a period of 30 days after one party sends written notice of the dispute. If the dispute is not resolved after that period, either party may begin arbitration as described below.

18.2 Individual, Binding Arbitration:

(A) WAIVER OF RIGHTS: THE PARTIES RESERVE THEIR RIGHT TO FILE CLAIMS IN SMALL CLAIMS COURT. EXCEPT FOR THE RIGHT TO FILE CLAIMS IN SMALL CLAIMS COURT, YOU AND SQUID CRYSTALS, LLC, ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR GROUP ACTION WITH RESPECT TO A CLAIM(S). Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration.

(B) AGREEMENT TO ARBITRATE: Any claim, dispute, or controversy – whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, consumer protection, common law, intentional tort, injunctive or equitable claims – between you and Squid Crystals, LLC arising from or relating in any way to your purchase of Products or Service through the Website, will be resolved exclusively and finally by binding arbitration.

(C) ARBITRATION RULES AND JURISDICTION: The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect. The Federal Arbitration Act will govern the interpretation and enforcement of this section, and the arbitration will otherwise be governed by the laws of the State of Oregon.

(D) LANGUAGE AND PRECEDENCE: The arbitration shall be conducted before a single arbitrator in the English language. If a party needs translation or interpretation services, the arbitrator can allow for that and decide how the costs should be handled. If there is ever a difference between an English version of these Terms and a translated version, the English version will apply.

(E) VENUE: The venue of arbitration or small claims court shall be Multnomah County, Portland, Oregon. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid.

(F) AVAILABLE RELIEF: The arbitrator may grant any relief that would be available in a court under law or in equity. Any award rendered will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

(G) CONFIDENTIALITY: All aspects of the arbitration proceeding, including but not limited to the hearing, filings, evidence, communications, and award, shall be kept confidential, except as necessary to enforce or challenge the award in court or as otherwise required by law.

SECTION 19 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms 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).

SECTION 20 – CALIFORNIA CONSUMER RIGHTS NOTICE

For California residents only, if any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

SECTION 21 – CONTACT INFORMATION

Questions about the Terms should be sent to us at squidcrystals@gmail.com