Terms of service
OVERVIEW
Welcome to The Eternal Forge! The terms “we,” “us,” and “our” refer to The Eternal Forge LLC. The Eternal Forge LLC operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”). The Eternal Forge LLC is powered by Shopify, which enables us to provide the Services to you.
The below 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 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 province of residence, or that you have the consent of a parent or legal guardian where required by applicable law.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, 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 this information.
You are solely responsible for maintaining the security of your account credentials and for all activity occurring through 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. However, colors, packaging, appearance, and other product characteristics may differ from how they appear on your screen due to your device, display settings, manufacturer changes, or other factors outside our control.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or appear exactly as depicted in our online store.
All product descriptions, pricing, availability, and quantities 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 quantities 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. The Eternal Forge LLC reserves the right to accept, decline, limit, or cancel an order for any lawful reason at our discretion. Your order is not accepted until we confirm acceptance and successfully process the applicable payment.
Please review your order carefully before submitting it. We may be unable to accommodate cancellation or modification requests after an order has been accepted or entered the fulfillment process.
If we decline, modify, or cancel an order, we may attempt to notify you using the email address, billing address, or phone number provided with the order.
Purchases, returns, refunds, cancellations, and applicable restocking fees are subject to our Refund Policy, which is incorporated into these Terms by reference and is available through our website.
You agree to comply with any product quantity limits or purchasing restrictions displayed on our website or otherwise communicated by us.
SECTION 4 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will generally be the price in effect when the order is placed and will be reflected in your order confirmation.
Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, handling, customs, duties, or import charges.
Prices offered online may differ from prices offered at our physical retail locations, marketplaces, or other sales channels.
Promotions may be subject to separate terms and conditions. If a promotion's specific terms conflict with these Terms, the promotion's terms will govern with respect to that promotion.
You agree to provide current, complete, and accurate purchase, payment, and account information for purchases made through our Services and to promptly update your information when necessary.
You represent and warrant that any payment information you provide is accurate, that you are authorized to use the applicable payment method, and that charges incurred by you will be honored by your payment provider.
SECTION 5 - SHIPPING AND DELIVERY
Orders are shipped and delivered according to our Shipping Policy, which is incorporated into these Terms by reference and is available through our website.
Shipping costs, available shipping methods, processing times, geographic restrictions, address requirements, and other shipping-related conditions are governed by our current Shipping Policy.
Delivery dates and transit times are estimates unless expressly stated otherwise. We are not responsible for carrier delays, severe weather, customs processing, incorrect or incomplete addresses provided by customers, or other circumstances outside our reasonable control.
Once an order has been transferred to a shipping carrier, the shipment may be subject to the carrier's applicable procedures and requirements.
If you experience an issue involving a shipment, please contact us promptly at support@theeternalforge.com so that we can review the circumstances and determine what assistance may be available.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, branding, text, displays, graphics, photographs, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by The Eternal Forge LLC, its affiliates, licensors, or applicable third parties and are protected by applicable United States and foreign intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only.
Except as permitted by applicable law or expressly authorized by us, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit material from the Services without appropriate authorization.
Nothing in these Terms grants you a license or other right to intellectual property belonging to The Eternal Forge LLC, Shopify, or any third party except as expressly provided.
The Eternal Forge names, logos, designs, and slogans owned by The Eternal Forge LLC may not be used without our prior written permission. Shopify's names, logos, product names, and other trademarks remain the property of Shopify or their respective owners. Other trademarks appearing 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 that we neither monitor nor control.
You acknowledge and agree that access to such third-party tools may be provided “as is” and “as available” without warranties, representations, or conditions of any kind from us.
Your use of third-party tools is at your own risk and discretion. You should review and understand the applicable third party's terms and policies before using such tools.
We may introduce additional features, services, tools, or resources in the future. Unless otherwise stated, those features will also form part of the Services and will be subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials, integrations, or hyperlinks involving third parties.
We are not responsible for examining or evaluating the content, accuracy, availability, security, or practices of third-party websites or services.
If you leave our Services to access a third-party website or service, you do so subject to that third party's applicable terms and policies.
We are not responsible for harm or damages arising from third-party websites, products, services, resources, or transactions to the extent permitted by applicable law. Questions or complaints regarding third-party products or services should generally be directed to the applicable third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
The Eternal Forge LLC is powered by Shopify, which enables us to provide the Services to you. However, sales and purchases made through our store are transactions directly between you and The Eternal Forge LLC.
By using the Services, you acknowledge that Shopify is not the seller of products purchased directly from The Eternal Forge LLC and is not responsible for our fulfillment of those transactions, except to the extent otherwise required by applicable law.
Nothing in these Terms limits any rights or remedies that cannot legally be waived.
SECTION 10 - PRIVACY POLICY
Personal information collected through the Services is handled in accordance with our Privacy Policy, which is incorporated into these Terms by reference and is available through our website.
Because the Services are hosted or supported by Shopify and other service providers, certain information may be collected, processed, transmitted, or stored by those providers as necessary to provide the Services.
Please review our Privacy Policy for additional information concerning how personal information is collected, used, disclosed, and otherwise processed.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (“Feedback”), you grant us a non-exclusive, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback for purposes related to operating, improving, marketing, and providing the Services, subject to applicable law.
You represent and warrant that you own or possess the necessary rights to submit your Feedback and that your Feedback does not violate applicable law or the rights of another person.
We may monitor, edit, or remove Feedback when we determine that doing so is appropriate, including where Feedback is unlawful, abusive, defamatory, obscene, fraudulent, infringes intellectual property rights, or violates these Terms.
You are responsible for the Feedback you submit and its accuracy.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Information provided through the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, or other matters.
We reserve the right to correct errors, inaccuracies, or omissions and to change or update information as permitted by applicable law.
If an error affects an order you have submitted, we may contact you regarding the error and, where legally permitted, modify or cancel the affected order and provide any refund required by applicable law.
SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes.
You may not use the Services to violate applicable laws or regulations; infringe intellectual property or other legal rights; transmit malicious software; engage in fraud or deceptive conduct; impersonate another person or entity; harvest personal information without authorization; interfere with the security or operation of the Services; send unlawful spam or unsolicited communications; scrape or access the Services through unauthorized automated means; or engage in conduct intended to damage, disable, overburden, or impair the Services.
We reserve the right to suspend, restrict, or terminate access to the Services when we reasonably determine that these Terms have been violated.
SECTION 14 - TERMINATION
We may suspend or terminate your access to all or part of the Services when permitted by applicable law, including where you violate these Terms.
You remain responsible for amounts properly owed before termination.
Provisions that by their nature should survive termination will continue to apply, including provisions concerning intellectual property, disclaimers, limitations of liability, indemnification, governing law, and obligations arising before termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
To the fullest extent permitted by applicable law, the Services and products offered through the Services are provided “as is” and “as available,” except for warranties or rights that cannot legally be excluded.
We do not guarantee that access to the Services will always be uninterrupted, timely, secure, or error-free.
We disclaim implied warranties to the fullest extent permitted by applicable law, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Some jurisdictions do not permit certain warranty exclusions. Accordingly, some of these exclusions may not apply to you, and nothing in these Terms is intended to eliminate rights that cannot legally be waived.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ETERNAL FORGE LLC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR SIMILAR DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.
THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY TO THE EXTENT PERMITTED BY LAW.
Nothing in these Terms excludes or limits liability where doing so would be prohibited by applicable law.
SECTION 17 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless The Eternal Forge LLC and its affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, liabilities, damages, and reasonable attorneys' fees arising from your material breach of these Terms, your violation of applicable law, or your infringement of another person's rights.
We will provide reasonable notice of an indemnifiable claim where practicable. You agree to reasonably cooperate with the defense of such claims.
SECTION 18 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law or severed as necessary.
The invalidity or unenforceability of one provision will not affect the validity or enforceability of the remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce a right or provision under these Terms does not constitute a waiver of that right or provision.
These Terms, together with the policies and other terms incorporated by reference, constitute the agreement between you and The Eternal Forge LLC regarding your use of the Services and supersede prior versions concerning the same subject matter.
SECTION 20 - ASSIGNMENT
You may not assign or transfer these Terms or your rights or obligations under them without our prior written consent.
We may assign or transfer our rights and obligations under these Terms as permitted by applicable law, including in connection with a merger, acquisition, sale of assets, reorganization, or similar business transaction.
SECTION 21 - GOVERNING LAW AND VENUE
These Terms of Service and any separate agreements through which The Eternal Forge LLC provides the Services shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to conflict-of-law principles.
To the extent permitted by applicable law, any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought in a court of competent jurisdiction located in Fairfax County, Virginia, or in the applicable federal court serving Fairfax County, Virginia.
You and The Eternal Forge LLC consent to the personal jurisdiction and venue of such courts, except where applicable law provides you with a non-waivable right to bring a claim in another jurisdiction.
SECTION 22 - HEADINGS
The headings used in these Terms are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You may review the most current version of these Terms of Service on this page.
We reserve the right to update, change, or replace these Terms by posting revised Terms to our website.
Where required by applicable law, we will provide appropriate notice of material changes. Changes will become effective as stated in the applicable notice or, where no separate notice is legally required, when the updated Terms are posted.
Your continued use of the Services after revised Terms become effective constitutes acceptance of those revised Terms to the extent permitted by applicable law.
SECTION 24 - CONTACT INFORMATION
Questions regarding these Terms of Service may be sent to:
The Eternal Forge LLC
11921L Fair Oaks Mall
Fairfax, VA 22033
Phone: (571) 591-7273
Email: support@theeternalforge.com
Our current Refund Policy, Shipping Policy, and Privacy Policy are available through The Eternal Forge website and are incorporated into these Terms where referenced.
