Terms & Conditions

This website is operated by The Sunken Helm. Throughout the website, the terms “we”, “us” and “our” refer to The Sunken Helm. By visiting our website and/or purchasing products from us, you agree to be bound by the following terms and conditions ("terms"), including additional policies referenced herein. Please read these terms carefully before accessing our website. If you do not agree to all the terms of this agreement, then you may not access this website or purchase our products.

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

1. General Considerations:

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms.

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

By agreeing to these terms, you represent that you are at least the age of majority in your state or province of residence, or you have given us your consent to allow any of your minor dependents to use this website.

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, except as required by law. You agree that it is your responsibility to monitor changes to our website.

2. Intellectual Property:

You agree not to reproduce, duplicate, sell, resell, or exploit any portion of this website, including but not limited to its content, text, logos, trademarks, icons, images, audio clips, video clips, and underlying source code, without obtaining our express written permission.

If you seek to obtain permission to use any portion of our website, you must submit a written request to us, detailing the specific materials and the intended use. We reserve the right to grant or deny permission at our sole discretion. Failure to obtain express written permission for any use of our intellectual property constitutes a breach of these terms and may lead to legal consequences.

3. Errors, Inaccuracies, and Omissions:

Occasionally there may be information on our website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions on our website or on any related website at any time without prior notice (including after you have submitted your order).

In the event that a price or product description is incorrect, we reserve the right to refuse or cancel any orders placed for the affected products.

4. Modifications to Products:

We reserve the right to modify prices or discontinue products offered through our website at any time without prior notice. Such modifications may include, but are not limited to, adjustments to pricing, product availability, features, specifications, or any other aspect related to our offerings.

Any changes made to products or prices will be effective immediately upon posting on our website or upon notifying you through other appropriate means. You acknowledge that it is your responsibility to review the prices and product details prior to making any purchase.

5. Product Limitations:

We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. Any offer for any product made on this site is void where prohibited.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

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

Certain products may have limited quantities and are subject to return or exchange only according to our Return Policy.

6. Accuracy of Account and Billing Information:

You agree to provide current, complete, and accurate account and billing 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.

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.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. 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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email, billing address, or phone number provided at the time the order was made.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

7. Third-Party Links:

Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party websites. We will not have any liability or responsibility for any materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

8. Third-Party 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 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.

9. User Content:

Any and all photographs, videos, music, audio, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you: (i) submit or post on our website, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Tumblr and Pinterest, which are tagged with #thesunkenhelm or @thesunkenhelm or any other promoted hashtag (collectively “user content”) shall be deemed nonconfidential and nonproprietary.

By submitting or posting user content, you grant to us a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the user content, as well as your name, persona and likeness included in any user content and your social media account handle, username, real name, profile picture and/or any other information associated with the user content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, webpages, social media accounts, and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you.

By submitting or posting user content, you represent and warrant that: (i) you are 18 years of age or older; (ii) you have obtained permission from any individuals that appear in the user content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; and (iii) the user content does not: (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information, or (e) contain computer viruses, worms or other harmful files. Upon request, you will provide us any documentation, substantiation, or releases necessary to verify your compliance with these terms.

By submitting or posting user content, you fully and unconditionally release and forever discharge us from any and all claims, demands, and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with misuse or disputes between you and any other person or entity.

We are not responsible or liable for failure to store posted content you transmit through our website. You should take measures to preserve copies of any data, content, or information you post on our website or any other related websites or platforms.

We do not guarantee the truthfulness, accuracy, or reliability of any user content or endorse any opinions expressed by you or anyone else. We act as a passive conduit for user content and have no obligation to display user content, screen or monitor user content, respond to any user content, or compensate you for submitting user content.

If we become aware of any user content that allegedly may not conform to these terms, we may investigate the allegation and determine in our sole discretion whether to take action. However, we have no liability or responsibility to users for performance or nonperformance of such activities.

We have the absolute right to delete without notice any user content within our control that we deem objectionable, for any reason, or for no reason. You consent to such deletion and wave any claim against us regarding the deletion.

10. Personal Information:

Your submission of personal information through the store is governed by our Privacy Policy.

11. Disclaimer of Warranties and Limitation of Liability:

We do not guarantee, represent, or warrant that your use of our website will be uninterrupted, timely, secure, or error-free. You expressly agree that your use of, or inability to use, our website is at your sole risk.

In no case shall The Sunken Helm, our owners, employees, 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 our website, or from any products procured using our website, 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.

You agree that from time to time we may inactivate our website for indefinite periods of time or delete it at any time, without notice to you.

12. Prohibited Uses:

You are prohibited from using our website 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 our website 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 our website. We reserve the right to terminate your use of our website for violating any of these prohibited uses.

13. Governing Law:

In the event of any dispute, claim, or controversy arising from or related to these terms, you agree to first attempt to resolve the matter through good faith negotiation. If the parties are unable to reach a resolution through negotiation, then either party may choose to initiate legal proceedings.

Any legal action, suit, or proceeding arising out of or relating to these terms shall be governed by and construed in accordance with the laws of Arizona jurisdiction, without regard to its conflict of laws principles. You agree to submit to the personal jurisdiction and venue of such courts.

14. 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.

15. Indemnification:

You agree to indemnify, defend, and hold harmless The Sunken Helm, our owners, employees, contractors, suppliers, service providers, or licensors, from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to your use of our website, products, or services, or any violation of these terms.

You agree to indemnify us for any claims brought by third parties arising from your actions, including but not limited to, your violation of any laws, regulations, or rights of any third party. This indemnification obligation will apply regardless of whether the claim or liability arises from your use of our website, products, or services, or from any user content you submit, transmit, or make available through our platform.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with us in asserting any available defenses. You shall not settle any matter without our prior written consent.

This indemnification provision shall survive the termination of these terms and your use of our website, products, or services.

16. Termination:

These terms are effective until terminated by either you or us. You may terminate these terms at any time by notifying us that you no longer wish to use our services, or when you cease using our website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any provision of these terms, we also may terminate this agreement at any time without notice.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

17. Changes to Terms and Conditions:

You can review the most current version of our terms and conditions at any time on this webpage. We reserve the right, at our sole discretion, to update, modify, or replace any part of these terms by posting revisions on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website after the posting of any changes to these terms constitutes your acceptance of the modifications.

18. Contact Information:

Questions or comments about these terms and conditions should be sent to us via email at thesunkenhelm@gmail.com. Please include "Terms and Conditions" in the subject line. Alternatively, you may reach out to us through the Contact page on this website.