Terms of Service

Effective Date: 6/20/27|  Last Updated: 6/20/27|

1. Acceptance of Terms

By accessing, browsing, or using the Site in any manner, including placing an order, creating an account, or subscribing to communications, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Return & Exchange Policy, each of which is incorporated herein by reference. We reserve the right to modify these Terms at any time in accordance with Section 17 below.

You represent that you are at least eighteen (18) years of age or the age of legal majority in your jurisdiction, whichever is greater. If you are under eighteen (18), you may use the Site only with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms.

2. Account Registration

You may be required to create an account to access certain features of the Site. When you create an account, you agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information to keep it accurate and complete.
• Maintain the security and confidentiality of your login credentials and not share them with any third party.
• Accept responsibility for all activities that occur under your account.

You must notify us immediately at 581-349-4295 if you become aware of any unauthorized use of your account or any other breach of security. We reserve the right to suspend or terminate your account at any time, with or without notice, for any conduct that we determine, in our sole discretion, violates these Terms or is harmful to the Company, other users, or third parties.

3. Products and Orders

3.1 Product Descriptions

We make reasonable efforts to display the colors, features, specifications, and details of our products as accurately as possible. However, we do not guarantee that your monitor's or device's display of any color, texture, or detail will be accurate. All product descriptions, images, and other content on the Site are for informational purposes and do not constitute a warranty or guarantee of any kind.

3.2 Pricing

All prices are listed in United States Dollars (USD) unless otherwise stated. Prices are subject to change without notice. We reserve the right to correct any pricing errors, whether on the Site, in an order confirmation, or otherwise. In the event of a pricing error, we may cancel the order and issue a full refund, or contact you with the corrected price and give you the option to proceed or cancel.

Prices do not include applicable taxes, shipping charges, or handling fees, which will be calculated and displayed at checkout.

3.3 Order Acceptance

Your placement of an order constitutes an offer to purchase. All orders are subject to acceptance by us. We reserve the right to refuse or cancel any order for any reason, including but not limited to: product availability, errors in product or pricing information, suspected fraud or unauthorized transactions, or orders that appear to be placed by resellers or distributors.

An order confirmation email does not constitute acceptance of your order. Acceptance occurs only when the product has shipped and you have received a shipping confirmation from us. If we cancel an order after payment has been processed, we will issue a full refund to your original payment method.

3.4 Order Limitations

We reserve the right to limit the quantity of items purchased per person, per household, or per order. We may also restrict sales to certain geographic regions. These restrictions may be applied without prior notice.

4. Payment

We accept the payment methods indicated at checkout. By submitting payment information, you represent and warrant that: (a) you are authorized to use the payment method provided; (b) the payment information you supply is true, correct, and complete; and (c) you authorize us to charge the total order amount, including applicable taxes and shipping, to your designated payment method.

All payments are processed through third-party payment processors. We do not store credit card or debit card numbers on our servers. Your use of any third-party payment service is subject to that provider's terms and conditions.

If your payment method is declined or fails for any reason, we may cancel your order. We are not responsible for any fees charged by your financial institution in connection with our processing of your payment.

5. Shipping and Delivery

Shipping timelines provided at checkout or in confirmation emails are estimates only and are not guaranteed delivery dates. We are not responsible for delays caused by carriers, customs, weather, or other circumstances beyond our reasonable control.

Title to and risk of loss for all products passes to you upon delivery of the product to the carrier. We are not liable for any loss, damage, or delay once the product has been delivered to the shipping carrier.

We currently ship within the United States. International shipping availability, if any, will be indicated at checkout.

6. Returns and Exchanges

All returns and exchanges are governed by our Return & Exchange Policy, which is incorporated into these Terms by reference. By placing an order, you agree to the terms and conditions set forth in that policy, including the 14-day return window, product condition requirements, $15.00 restocking fee, and return procedures described therein.

7. Intellectual Property

7.1 Our Content

All content on the Site, including but not limited to text, graphics, logos, images, photographs, product designs, illustrations, icons, audio clips, video clips, data compilations, software, and the overall design and arrangement of the Site (collectively, "Company Content"), is the exclusive property of Frank Mercer or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

"Frank Mercer" and all related names, logos, product and service names, designs, and slogans are trademarks of Frank Mercer. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

7.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site solely for your personal, non-commercial use. This license does not include any right to: (a) resell or make any commercial use of the Site or its contents; (b) collect or use any product listings, descriptions, images, or prices for any commercial purpose; (c) make any derivative use of the Site or its contents; (d) download, copy, or otherwise store any Company Content (other than page caching) for any purpose other than personal reference; or (e) use any data mining, robots, or similar data gathering or extraction methods on the Site.

7.3 Reproduction Prohibited

No part of the Site or any Company Content may be reproduced, duplicated, copied, sold, resold, visited, distributed, or otherwise exploited for any commercial purpose without our express prior written consent. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent.

8. User Conduct

You agree not to use the Site in any way that:

• Violates any applicable federal, state, local, or international law or regulation.
• Infringes upon or violates the intellectual property rights or any other rights of any person or entity.
• Is fraudulent, deceptive, misleading, or involves the use of stolen payment information.
• Involves the transmission of unsolicited advertising, junk mail, spam, chain letters, or any other form of solicitation.
• Introduces viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempts to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Attacks the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Scrapes, data mines, or uses automated means to access, collect, or harvest any content or data from the Site.
• Impersonates or attempts to impersonate the Company, a Company employee, another user, or any other person or entity.
• Interferes with any other party's use and enjoyment of the Site.

9. User Content

If you submit, post, or transmit any content to or through the Site, including product reviews, comments, photographs, feedback, suggestions, or other materials ("User Content"), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, and perform such User Content in any media, format, or platform, whether now known or hereafter developed, for any purpose, including commercial, advertising, and promotional purposes, without compensation or notice to you.

You represent and warrant that: (a) you own or control all rights in and to your User Content; (b) your User Content does not violate the rights of any third party, including intellectual property rights and privacy rights; and (c) your User Content is not unlawful, defamatory, obscene, or otherwise objectionable.

We have the right, but not the obligation, to monitor, review, edit, or remove any User Content at our sole discretion, for any reason or no reason, without notice.

10. Third-Party Links and Services

The Site may contain links to third-party websites, applications, or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, terms of service, or practices of any third-party websites or services. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any third-party websites or services.

11. Disclaimer of Warranties

THE SITE AND ALL PRODUCTS, CONTENT, AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT: (A) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY PRODUCTS, CONTENT, OR SERVICES OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (D) ANY ERRORS IN THE SITE WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR WARRANTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FRANK MERCER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF OR INABILITY TO USE THE SITE OR ANY PRODUCTS PURCHASED THROUGH THE SITE; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (D) ANY ERRORS, VIRUSES, OR BUGS TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; OR (E) ANY ERRORS OR OMISSIONS IN ANY CONTENT, WHETHER PROVIDED BY US OR ANY THIRD PARTY.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, OR ANY PRODUCTS PURCHASED THROUGH THE SITE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

13. Indemnification

You agree to defend, indemnify, and hold harmless Frank Mercer, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in any way connected with: (a) your use of the Site; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party; (d) any User Content you submit, post, or transmit through the Site; or (e) any transaction between you and any third party facilitated through the Site.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at 581-349-4295 or by email to attempt to resolve the dispute informally. We will attempt to resolve the dispute by contacting you via email or phone. If the dispute is not resolved within thirty (30) days of the initial contact, either party may proceed as set forth below.

14.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and Frank Mercer agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or any products purchased through the Site (collectively, "Disputes") that cannot be resolved informally shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, except as modified by this section. The arbitration shall be conducted by a single arbitrator in a location mutually agreed upon or, if no agreement can be reached, in the county in which you reside.

The arbitrator shall have exclusive authority to resolve any Dispute, including but not limited to disputes regarding the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms is void or voidable.

14.3 Class Action Waiver

YOU AND FRANK MERCER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, MULTI-PARTY, OR REPRESENTATIVE PROCEEDING. Unless both you and Frank Mercer agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not preside over any form of class, consolidated, or representative proceeding.

14.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights. Claims in small claims court, where applicable, are also excluded from the arbitration requirement, provided the claim remains in small claims court and is pursued on an individual (non-class, non-representative) basis.

14.5 Opt-Out Right

You may opt out of the arbitration and class action waiver provisions of this Section 14 by sending written notice of your decision to opt out to: Frank Mercer, Attn: Legal, [Street Address], [City, State, ZIP Code], within thirty (30) days of your first purchase from the Site or your first use of the Site, whichever is earlier. Your notice must include your name, mailing address, email address, and a clear statement that you wish to opt out of the arbitration agreement in these Terms. If you opt out, neither you nor Frank Mercer will be required to arbitrate Disputes, and all Disputes will be resolved in court as set forth in Section 15.

15. Governing Law and Jurisdiction

These Terms, and any Dispute between you and Frank Mercer, shall be governed by and construed in accordance with the laws of the State of [STATE], without regard to its conflict of law principles.

To the extent that litigation is permitted under these Terms (including if you opt out of arbitration), you and Frank Mercer agree to submit to the exclusive personal jurisdiction of the state and federal courts located in [COUNTY], [STATE], and you waive any objection to the exercise of jurisdiction over you by such courts and any objection to venue in such courts.

16. Electronic Communications and E-Sign Consent

By using the Site or placing an order, you consent to receive electronic communications from us, including order confirmations, shipping notifications, account-related notices, and promotional messages (subject to your opt-out rights described in our Privacy Policy). You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

17. Changes to These Terms

We reserve the right to revise and update these Terms at any time at our sole discretion. All changes are effective immediately when posted to the Site and apply to all access to and use of the Site thereafter. We will update the "Last Updated" date at the top of these Terms upon any revision.

Your continued use of the Site after the posting of revised Terms constitutes your acceptance of and agreement to the changes. You are expected to check this page periodically so you are aware of any changes, as they are binding on you. If you do not agree to the revised Terms, you must stop using the Site immediately.

18. Termination

We may terminate or suspend your account and access to the Site, in whole or in part, at our sole discretion, without prior notice or liability, for any reason, including but not limited to your breach of these Terms. Upon termination, your right to use the Site will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 7, 9, 11, 12, 13, 14, 15, and 20.

19. DMCA Notice and Takedown

If you believe that any content on the Site infringes your copyright, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our designated agent with the following information in writing:

1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Site.
4. Your contact information, including your address, telephone number, and email address.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement, under penalty of perjury, that the information in the notification is accurate, and that you are authorized to act on behalf of the copyright owner.

Send DMCA notices to: Frank Mercer, Attn: DMCA Agent, [Street Address], [City, State, ZIP Code], or email: [legal@frankmercer.com].

20. General Provisions

20.1 Entire Agreement

These Terms, together with the Privacy Policy and the Return & Exchange Policy, constitute the entire agreement between you and Frank Mercer regarding your use of the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

20.2 Severability

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of these Terms will continue in full force and effect.

20.3 Waiver

No waiver by Frank Mercer of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Frank Mercer to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

20.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction and without notice to you. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

20.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, fire, flood, war, terrorism, labor disputes, government actions, utility or communications failures, cyberattacks, or disruptions in supply chains or transportation.

20.6 No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you and Frank Mercer.

20.7 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

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