Terms and Conditions

Welcome to the official website of TERRAIN 365 LLC (“Terrain 365,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of this website, including all products, services, and content made available through it. By browsing our site, creating an account, purchasing a product, or interacting with any part of the Service, you agree to be bound by these Terms, our Privacy Policy, and any additional guidelines referenced herein.

If you do not agree to these Terms, you must discontinue use of the site immediately.

Our online storefront is powered by Shopify Inc., which provides the secure e-commerce infrastructure that allows us to showcase products, manage transactions, and process payments.

1.    Eligibility and Use of the Store

By accessing our site, you confirm that:

• You are at least the age of majority in your jurisdiction,
  or
• You are of the age of majority and have authorized minor dependents to use the site under your supervision.

You may not use any information, products, or services from this site for any unlawful purpose. You agree not to:

• Violate applicable laws, including intellectual property regulations
• Upload or transmit any harmful code, viruses, or malware
• Attempt to gain unauthorized access to systems, user accounts, or confidential information

Violation of these provisions may result in immediate termination of your access.

2.    General Conditions

We reserve the right to refuse service to anyone at any time for reasons including, but not limited to, fraud prevention, abuse, or violation of these Terms.

You acknowledge that non-payment information (e.g., user comments, general data inputs) may be transmitted unencrypted across networks or modified to meet the technical limitations of those networks. Payment information is always encrypted using industry-standard security protocols.

Except where permitted by express written authorization, you agree not to reproduce, duplicate, copy, resell, or exploit any part of the website, Service, content, or software.

3.    Accuracy and Reliability of Information

We work diligently to maintain accurate and updated information on this site. However, we do not guarantee that:

• Information is always current, complete, or error-free
• Product descriptions, images, or specifications perfectly match received items
• The site will remain uninterrupted, secure, or flawless

You agree that reliance on any information provided on this site is entirely at your own risk.

We reserve the right to update, correct, or remove content at any time without obligation to notify users individually.

4.    Modifications to the Service and Pricing

Product prices, availability, descriptions, collections, and visual representations may change without notice. We also reserve the right to modify, suspend, or discontinue elements of the website or Service.

We are not liable to you or any third party for changes in pricing, availability, or service functionality.

5.    Products and Services

Some products may be available exclusively online and may exist in limited quantities, special editions, or serialized batches. All purchases are subject to our posted Return Policy, Refund Policy, and Warranty Terms.

While Terrain 365 strives to display product images and materials accurately, variations in device displays may affect color or detail representation. We cannot guarantee exact uniformity across all viewing environments.

We may limit product sales by:

• Region or jurisdiction
• Customer account
• Order quantity
• Verified identity

We reserve the right to discontinue products at any time or restrict access to particular items.

6.    Order Accuracy, Billing, and Account Information

We may cancel or limit any order placed through the website at our discretion. Reasons include:

• Suspected fraudulent activity
• Orders appearing to originate from resellers or distributors
• Multiple orders using the same payment method, address, or account

If an adjustment or cancellation occurs, we will attempt to contact you using the information provided at checkout.

You agree to provide accurate and complete account information, including payment credentials and contact details. Outdated or incorrect information may result in delays or failed processing.

7.    Optional Tools and Integrated Services

We may provide access to third-party tools or applications (analytics platforms, payment gateways, design preview features, etc.) that operate independently from us. These tools are offered “as is” and “as available,” without warranties or guarantees.

Use of any optional tool or service is solely at your discretion. You must review and accept the terms of each third-party provider before interacting with their tools.

Future website enhancements or new features will also be governed by these Terms.

8.    Third Party Links, Content, and Resources

Our website may include links to external resources or display third-party content. We are not responsible for:

• Evaluating the accuracy of third-party material
• Monitoring external content or security standards
• Damages or losses arising from third-party goods, services, or information

Before engaging in transactions with external websites, review their policies carefully. All concerns or disputes relating to third-party products must be directed to the relevant provider.

9.    User Contributions, Reviews, and Submissions

By submitting content—whether reviews, images, suggestions, feedback, or other materials—you grant Terrain 365 a non-exclusive, royalty-free, perpetual, and transferable license to use, modify, publish, and distribute that content in any format.

You agree not to submit content that:

• Violates intellectual property rights
• Contains unlawful, defamatory, or offensive language
• Contains malware, harmful code, or security risks
• Misrepresents your identity or impersonates others

We assume no liability for user-submitted content, but reserve the right to remove or moderate content that violates these Terms.

10.Personal Data and Privacy

Your submission of personal information through the website is governed by our Privacy Policy, which outlines how data is collected, used, stored, and protected.

11.   Errors, Inaccuracies, and Omitted Information

On rare occasions, information on our site may contain inaccuracies related to:

• Pricing
• Product details
• Availability
• Promotions
• Delivery timeframes

We reserve the right to correct such errors without prior notice, including after an order has been placed.

12.Prohibited Activities

In addition to restrictions already listed, you agree not to use the website for:

• Fraudulent or harmful intent
• Data harvesting, scraping, or exploitation
• Distributing prohibited or illegal content
• Interfering with website performance, security protocols, or network operations

We reserve the right to suspend accounts or restrict access if prohibited actions are detected.

13. Disclaimers and Limitation of Liability

We do not guarantee uninterrupted Service, error-free operation, absolute accuracy, or complete security. All products and services are provided “as is” and “as available,” without implied warranty unless otherwise required by law.

To the maximum extent permitted by applicable law, Terrain 365 and its officers, employees, affiliates, suppliers, and contractors are not liable for any:

• Direct or indirect damages
• Lost revenue or profits
• Data loss
• Replacement costs
• Consequential or punitive damages arising from your use of the Service.

In jurisdictions where liability waivers are limited, our liability is restricted to the minimum level permitted by law.

14.  Indemnification

You agree to fully indemnify, defend, and hold harmless TERRAIN 365 LLC, including our officers, directors, employees, partners, agents, contractors, suppliers, affiliates, and service providers, from and against any and all claims, demands, damages, liabilities, losses, costs, and expenses—including reasonable attorneys’ fees—arising out of or related to:

Your breach of these Terms of Service, including violations of any warranties, representations, or obligations stated herein.

Your misuse, improper handling, unsafe operation, or unauthorized modification of any Terrain 365 product, including misuse that results in injury, property damage, or violation of safety guidelines.

Your violation of any local, state, federal, or international law, including regulations related to e-commerce, intellectual property, product handling, or restricted items.

Any infringement of third-party rights, including intellectual property rights, privacy rights, or proprietary rights, resulting from content you submit, post, or transmit through our services.

This indemnification obligation survives the termination of these Terms and remains enforceable regardless of whether you continue to use the website or our products.

15.Severability

If any provision, clause, or portion of these Terms is found by a court or governing body to be invalid, unlawful, or unenforceable, that specific portion will be interpreted in a manner that most closely reflects the intent of the original text while remaining enforceable under applicable law.

All remaining provisions of the Terms will continue to remain in full force and effect. The invalidity of one section does not impact the validity of any other section, and no part of these Terms shall be considered waived or void due to the unenforceable nature of a single provision.

16.Termination

These Terms remain in effect unless terminated by either you or Terrain 365.

Your Right to Terminate

You may terminate your agreement by discontinuing use of the website and ceasing to access our services. Termination becomes effective immediately once you stop using the site.

Our Right to Terminate

We may suspend, restrict, or terminate your access to the website or Services at any time and without prior notice if, in our sole discretion, we determine that:

·         You violated any portion of these Terms.

·         You engaged in fraudulent activity.

·         You misused Terrain 365 products or intellectual property.

·         Your actions pose a risk to our business, other customers, or the security of the site.

17. Liabilities After Termination

Termination of access does not relieve you of any financial or legal obligations owed prior to the termination date, including outstanding payments, indemnification responsibilities, or damages resulting from violations of the Terms.

Terrain 365 may also deny future access to any of our services if misuse or violations are detected.

18.Entire Agreement

These Terms of Service, together with any policies, notices, and documents referenced or linked on this website—including the Privacy Policy, Return Policy, Refund Policy, Warranty Terms, and Shipping Policy—constitute the entire agreement between you and Terrain 365 regarding the use of our website and services.

This agreement supersedes all prior communications, proposals, negotiations, or understandings, whether verbal or written. No employee, representative, or third party may modify these Terms except by formally publishing an updated version on this website.

Any ambiguity in interpreting these Terms shall not be construed against Terrain 365 as the drafting party.

19. Governing Law

These Terms of Service and any related disputes, claims, or legal interpretations shall be governed by and construed under the laws of Tulare County, California, USA, without regard to its conflict of law rules.

By using this website, you agree that:

·         Any legal proceedings must be brought exclusively within the courts located in Tulare County, California

·         You submit to the jurisdiction of those courts for the resolution of any dispute.

·         You waive any objection to venue or jurisdiction based on geographical inconvenience.

20. Updates to the Terms

Terrain 365 reserves the right to update, modify, or replace any part of these Terms at our sole discretion. When changes are made, they will be posted on this page with immediate effect unless otherwise specified.

Your continued access or use of the website following the posting of updated Terms constitutes your acceptance of all modifications. It is your responsibility to review this page periodically to stay informed of any changes.

If significant or material updates are made, we may notify users through site banners, email notices, or other reasonable communication methods.