Terms of service

OVERVIEW

Welcome to STIhealthcheck. The terms “we,” “us,” and “our” refer to MM Commerce USA LLC, doing business as STIhealthcheck (“STIhealthcheck”). STIhealthcheck operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the “Services”). STIhealthcheck is powered by Shopify, which enables us to provide the Services to you.

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

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide it.

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

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, colors or product appearance may differ from how they appear on your screen due to your device and its settings.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to how they are depicted in our online store.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products offered to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. STIhealthcheck reserves the right to accept or decline your order for any lawful reason at its discretion. Your order is not accepted until STIhealthcheck confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as STIhealthcheck may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided when the order was placed.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

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

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect when the order is placed and will appear in your order confirmation. Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, handling, customs, or import charges.

Prices posted in our online store may differ from prices offered by third parties. We may occasionally offer promotions governed by terms and conditions separate from these Terms. If promotional terms conflict with these Terms, the promotional terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete transactions and contact you as needed.

You represent and warrant that: (i) the payment information you provide is true, correct, and complete; (ii) you are authorized to use the payment method; (iii) the charges incurred will be honored by your payment provider; and (iv) you will pay all charges at the posted prices, including applicable shipping, handling, and taxes.

SECTION 5 - SHIPPING AND DELIVERY

All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, severe weather, or events outside our reasonable control. Shipping availability, rates, delivery estimates, and related conditions are described in our Shipping Policy.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by MM Commerce USA LLC, its affiliates, or its licensors and are protected by U.S. and foreign intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property belonging to STIhealthcheck, Shopify, or any third party. Unauthorized use of the Services may violate federal or state intellectual property laws. All rights not expressly granted herein are reserved.

STIhealthcheck’s names, logos, product and service names, designs, and slogans are trademarks of MM Commerce USA LLC or its affiliates or licensors. You must not use such marks without prior written permission. Shopify’s names, logos, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans displayed through the Services belong to their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided access to tools offered by third parties as part of the Services, which we do not monitor and over which we have no control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available,” without warranties, representations, conditions, or endorsements of any kind. We shall have no liability arising from or relating to your use of optional third-party tools.

Your use of optional tools is entirely at your own risk and discretion. You should ensure that you understand and approve the terms under which the relevant third-party providers offer those tools.

We may offer new features, tools, and resources through the Services in the future. Such features shall be deemed part of the Services and will be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and links to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites. If you leave the Services to access third-party materials or websites, you do so at your own risk.

We are not liable for harm or damages related to your access to third-party websites or your purchase or use of third-party products, services, resources, or content. Please review the third party’s policies and practices before engaging in a transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

STIhealthcheck is powered by Shopify, which enables us to provide the Services. However, purchases made through our store are made directly from STIhealthcheck. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of a sale between you and STIhealthcheck, including any injury, damage, or loss resulting from purchased products or services. To the fullest extent permitted by law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with STIhealthcheck.

SECTION 10 - PRIVACY POLICY

Personal information that we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve the Services. Information you submit through the Services may be transmitted to and shared with Shopify and other service providers, which may process information in countries other than the country in which you reside. Please review our Privacy Policy for more information about how we, Shopify, and our service providers handle personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback in any medium for any purpose, including commercial use. We may use this license to operate, provide, evaluate, enhance, improve, and promote the Services and to perform our obligations and exercise our rights under these Terms.

You represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission; and (iii) your Feedback complies with these Terms. We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable, or in violation of another party’s intellectual property rights or these Terms.

You agree that your Feedback will not violate any third party’s rights, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. Your Feedback must not contain unlawful, abusive, or obscene content, computer viruses, or other malware. You may not use a false email address, impersonate another person, or otherwise mislead us or third parties about the origin of Feedback. You are solely responsible for your Feedback and its accuracy.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information in the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if information is inaccurate, at any time without prior notice, including after you submit an order.

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any applicable international, federal, state, or local law, rule, regulation, or ordinance; (c) to infringe or violate our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate any person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse material that does not comply with these Terms; (g) to transmit or procure advertising or promotional material, including junk mail, chain letters, spam, or similar solicitations; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in conduct that restricts or inhibits another person’s use or enjoyment of the Services or that may harm STIhealthcheck, Shopify, or users of the Services, or expose them to liability.

You also agree not to: (a) upload or transmit viruses or malicious code that may affect the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website. We reserve the right to suspend, disable, or terminate your account, without notice, if we determine that you have violated these Terms.

SECTION 14 - TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, in our sole discretion at any time without notice, and you will remain liable for all amounts due through the date of termination.

The following sections will continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is provided solely for general informational purposes. We do not warrant its accuracy, completeness, or usefulness. Any reliance you place on such information is at your own risk. We disclaim liability and responsibility arising from reliance placed on such materials by you, another visitor, or anyone informed of their contents.

EXCEPT AS EXPRESSLY STATED BY STIHEALTHCHECK, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

SECTION 16 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MM COMMERCE USA LLC, STIHEALTHCHECK, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PROCURED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING ERRORS OR OMISSIONS IN CONTENT OR LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR PRODUCT MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless MM Commerce USA LLC, STIhealthcheck, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to a third party due to or arising from: (1) your breach of these Terms of Service or documents incorporated by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.

We will notify you of an indemnifiable claim, provided that failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such a claim at your expense, including the choice of counsel, but will not settle a claim requiring non-monetary obligations from you without your consent, which shall not be unreasonably withheld. You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 18 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms and any policies or operating rules posted by us concerning the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding prior or contemporaneous agreements, communications, and proposals, whether oral or written, including prior versions of these Terms.

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

SECTION 20 - ASSIGNMENT

You may not delegate, transfer, or assign these Terms or any of your rights or obligations under them without our prior written consent, and any attempted assignment will be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide the Services shall be governed by and construed in accordance with the laws of the State of Wyoming and applicable federal laws of the United States, without regard to conflict-of-law principles. To the extent permitted by applicable law, you and MM Commerce USA LLC consent to the exclusive jurisdiction and venue of the state and federal courts located in Wyoming.

SECTION 22 - HEADINGS

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

SECTION 23 - CHANGES TO THESE TERMS

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to review this page periodically. We will provide notice of material changes when required by applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services after changes are posted constitutes acceptance of the revised Terms.

SECTION 24 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to hello@stihealthcheck.com.