Terms of Service

Terms of service

Overview

Catalina Crunch welcomes you. In these terms, “we,” “us,” and “our” refer to Catalina Crunch, the operator of this store, website, and associated information, content, features, tools, products, and services that form the curated customer experience called the “Services.” Shopify enables those Services.

The conditions below and every policy referenced in them (collectively, the “Terms of Service” or “Terms”) govern your rights and obligations in using the Services.

Please review these Terms closely; they include significant legal-rights provisions, warranty exclusions, and liability limitations. By visiting, interacting with, or using any Service, you agree to these Terms and the Privacy Policy. Do not use the Services if you do not agree.

SECTION 1 - Access and account

By accepting the Terms, you confirm that you are at least the age of majority where you reside and consent to use of the Services by your minor dependents on devices under your ownership, purchase, or management.

We may request email, billing, payment, shipping, or similar information for browsing, access, or purchases. You represent that submitted information is correct, up to date, complete, and lawfully provided.

Keep account credentials secure and accept responsibility for activity under the account. You may not sell, assign, transfer, or license the account to anyone else.

SECTION 2 - Our products

Although we work to represent products and services faithfully, device and display settings can alter colors or appearance. No warranty is made that a purchase will meet every expectation or appear exactly as rendered in the store.

At our sole discretion, descriptions can be revised without notice, products can be discontinued, and quantities can be limited for particular people, geographic areas, or jurisdictions.

SECTION 3 - Orders

An order constitutes your purchase offer, which Catalina Crunch may accept or refuse at its discretion. It becomes accepted only after payment processing and our confirmation. Check all details before submitting because accepted orders may not be cancellable. Rejections, changes, or cancellations will be communicated where possible using the order email, billing address, or telephone number.

Only the Refund Policy governs returns or exchanges. You warrant that purchases are intended for personal or household use and not for resale or export.

SECTION 4 - Prices and billing

Pricing, discounts, and promotions can be modified without notice. Your order confirmation states the price effective at placement. Taxes, delivery, handling, customs, and import fees are excluded unless expressly included.

Prices may vary between our online store, physical locations, and third-party stores. A promotion may carry separate terms that prevail over these Terms if inconsistent.

Keep all purchase, account, and payment information accurate and current, including email and card details. You represent that payment-card information is true and complete, use is authorized, charges will be honored, and posted prices and applicable shipping, handling, and taxes will be paid.

SECTION 5 - Shipping and delivery

Shipping and delivery schedules are estimates only, and delays are not our liability. We are not responsible for carrier or customs delays or events outside our control. Once the carrier receives the goods, title and risk of loss transfer to you.

SECTION 6 - Intellectual property

All Service content and presentation, including brands, marks, text, displays, images, graphics, product reviews, audiovisual material, and the way they are selected or arranged, is owned by Catalina Crunch, affiliates, or licensors and protected by United States and foreign intellectual-property law.

You may use the Services solely for personal, noncommercial purposes. Prior written consent is required to copy, distribute, alter, create derivative works, display or perform publicly, republish, download, store, or transmit any material. Except for rights expressly granted, no license under any patent, mark, copyright, or other right of Catalina Crunch, Shopify, or a third party is provided. Unauthorized use may breach federal or state law, and all remaining rights are reserved.

Names, logos, product or service names, designs, and slogans of Catalina Crunch are protected marks of Catalina Crunch, affiliates, or licensors and cannot be used without written approval. Shopify owns its marks, and every other mark remains the property of its respective owner.

SECTION 7 - Optional tools

The Services may expose tools supplied by third parties that we do not monitor or control. They are offered on an “as is” and “as available” basis, without any warranty, representation, condition, or endorsement, and use creates no liability for us.

You assume all risk when choosing optional tools and should first understand the provider’s conditions. Any new features, tools, or resources later offered are part of the Services and subject to the Terms.

SECTION 8 - Third-party links

Third parties may provide linked materials, websites, or embedded functionality. We are not responsible for evaluating their content or accuracy, and accessing them outside the Services is your choice and risk.

No liability is accepted for damage arising from third-party websites or anything purchased or used through them. Read the third party’s practices and policies before transacting and address related complaints, claims, or questions to that provider.

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.]

Shopify enables the Services for Catalina Crunch; it is not the seller in transactions made through this store. Sales occur directly between you and Catalina Crunch, and Shopify bears no responsibility for related injury, loss, or damage. You release Shopify and its affiliates from every claim, liability, or damage arising from those purchases and transactions.

SECTION 10 - Privacy policy

Our Privacy Policy applies to personal information collected through the Services, while some information may also be governed by Shopify’s privacy policy. Your use acknowledges review of those policies.

As host, Shopify collects and processes Service access and usage information and may transmit submitted data to Shopify and other parties in different countries. Our Privacy Policy further explains use by us, Shopify, and our partners.

SECTION 11 - Feedback

When you send ideas, reviews, suggestions, proposals, plans, or other feedback, you grant a perpetual, worldwide, royalty-free and sublicensable right to use, copy, modify, publish, distribute, and display it in any medium for any purpose, commercial or otherwise, including operation, evaluation, enhancement, and promotion of the Services.

You warrant ownership or necessary rights, disclosure of compensation or incentives, and compliance with the Terms. Feedback need not be kept confidential, compensated, or answered. At our discretion, unlawful, offensive, threatening, defamatory, obscene, objectionable, or infringing material may be monitored, edited, or removed.

Do not submit feedback that violates another party’s intellectual property, privacy, personality, or proprietary rights; is unlawful, abusive, obscene, defamatory, or malicious; contains malware; uses a false address; impersonates someone; or misleads about origin. Responsibility for feedback and its accuracy remains yours, and we disclaim liability for feedback from users or third parties.

SECTION 12 - Errors, inaccuracies and omissions

Typographical errors, inaccuracies, or omissions may appear in product descriptions, prices, promotions, offers, shipping costs, delivery timing, or availability. Without prior notice and even after submission, we may correct information, make updates, or cancel affected orders.

SECTION 13 - Prohibited uses

The Services may be accessed only lawfully. Forbidden conduct includes malicious or illegal activity; violation of regulations or laws; infringement; harassment, abuse, insult, harm, defamation, slander, disparagement, or intimidation; misleading transmissions; handling material that violates the Terms; junk mail, chain letters, spam, and similar promotions; impersonation; and conduct that limits use or may harm or create liability for Catalina Crunch, Shopify, or others.

Additional prohibitions include transmitting viruses or malicious code; copying, extracting, selling, reselling, or exploiting any Service portion; tracking personal information; spam, phishing, pharming, or pretexting; access through robots, spiders, scraping or extraction tools, automated processes, AI or agentic AI, or other automated or manual means; and interference with security, authorization, robot exclusions, or access controls. A violating account may be suspended, disabled, or terminated without notice.

SECTION 14 - Agents

Section 14 governs any Agent you deploy, enable, permit, or use with the Services. “Agent” means software or a service capable of autonomous or semi-autonomous action for a person or entity, or at their instruction, including execution on their behalf or device without direct oversight.

Agents must always identify themselves, follow section 14.4, and cease access when requested. We may impose technical limits on whether or how an Agent uses the Services.

Each HTTP/HTTPS request from an Agent must disclose automation and its name using the user-agent form “Agent/[agent name]”. An Agent must not conceal its nature, imitate human interaction, defeat CAPTCHA or human-detection controls, answer identity checks untruthfully, or avoid any mechanism regulating Agent access.

SECTION 15 - Termination

Access to any Service, or this agreement itself, may be terminated at our sole discretion without notice, while amounts already due remain payable. Provisions intended to survive—including Intellectual Property, Feedback, Termination, warranty disclaimers, liability limits, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and similar clauses—remain effective.

SECTION 16 - Disclaimer of warranties

Information available through the Services is general and carries no guarantee of accuracy, completeness, or usefulness; reliance is solely at your risk. Unless Catalina Crunch expressly provides otherwise, every Service and product is supplied “as is” and “as available,” with all express and implied representations, warranties, and conditions disclaimed, including merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. Continuous, timely, secure, or error-free operation is not promised. Applicable law may limit these exclusions.

SECTION 17 - Limitation of liability

As far as permitted by law, no liability is accepted by Catalina Crunch, partners, directors, officers, employees, affiliates, agents, contractors, providers, licensors, Shopify, or Shopify affiliates for injury, loss, claims, or direct, indirect, incidental, punitive, special, or consequential damage, such as lost profits, revenue, savings, data, replacement expenses, or comparable losses. This applies under contract, negligence or other tort, strict liability, or any other theory to use of Services or products, content errors or omissions, and loss caused by content made available through the Services, even if the possibility was disclosed.

SECTION 18 - Indemnification

You agree to defend, indemnify, and hold Catalina Crunch, Shopify, affiliates, partners, officers, directors, employees, agents, contractors, licensors, and providers harmless from third-party claims, losses, liabilities, and damages, including reasonable legal fees, caused by a breach of these Terms or incorporated documents, a legal or rights violation, or your use of and access to the Services.

We will give notice of an indemnified claim, and late notice affects your duty only if you are materially prejudiced. We may choose counsel and control defense and settlement at your expense, but a settlement requiring your non-monetary performance needs your consent, not to be unreasonably withheld. You must cooperate, including by supplying relevant records.

SECTION 19 - Severability

A term found illegal, void, or unenforceable will be applied to the maximum lawful extent and severed only as necessary; all remaining provisions continue valid and enforceable.

SECTION 20 - Waiver; entire agreement

Not exercising a right or enforcing a provision does not waive it. The Terms, posted policies, and operating rules comprise the complete agreement for Service use and supersede all earlier or simultaneous oral or written agreements, proposals, and communications, including prior Terms versions. No ambiguity will be construed against the drafting party.

SECTION 21 - Assignment

Without prior written permission, you cannot assign, delegate, or transfer the agreement or any right or obligation, and any attempt is null. We may do so without notice or consent.

SECTION 22 - Governing law

The law applied by the federal and state or territorial courts where Catalina Crunch has its headquarters governs these Terms and any separate Service agreement. Both you and Catalina Crunch accept that location’s venue and personal jurisdiction.

SECTION 23 - Headings

Section headings are organizational aids and have no limiting effect on the Terms.

SECTION 24 - Changes to terms of service

You may review the latest Terms here. At our discretion, provisions may be revised or replaced through website updates, which you should check periodically. Legally required notice will be provided for material changes, effective on the date stated. Use after publication constitutes acceptance.