Terms of Service

1. Introduction

Welcome to Cave and Patio. These Terms of Service ("Terms") govern your access to and use of our website located at caveandpatio.com ("Website") and any related services, features, content, transactions, and communications made available through the Website (collectively, the "Services").

Cave and Patio is the customer-facing store name and trade name of Cave and Patio LLC, a business operating in the United States. In these Terms, references to "Cave and Patio," "Company," "we," "us," or "our" mean Cave and Patio LLC, which owns, manages, controls, and operates this Website and is the legal entity responsible for the Services, transactions, and contractual obligations arising from your use of the Website.

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

2. Eligibility

By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Services on behalf of a company, entity, or organization, you represent and warrant that you have the authority to bind that entity to these Terms.

3. Accounts and Registration

3.1 Account Creation

To access certain features of the Services, you may be required to create an account. You agree to:

• Provide true, accurate, current, and complete information during the registration process
• Maintain and promptly update your account information to keep it accurate and current

3.2 Account Responsibilities

You are responsible for:

• Maintaining the confidentiality of your account login credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account or suspected security breach

4. Orders and Payment

4.1 Product Availability

All products listed on the Website are subject to availability. We reserve the right to limit quantities, discontinue products, refuse sales, or change product specifications, descriptions, or availability at any time without prior notice.

4.2 Pricing

Prices for products displayed on the Website are subject to change without notice. We make reasonable efforts to ensure pricing accuracy, but we reserve the right to correct any pricing, listing, or typographical errors at any time. We are not liable for pricing changes, corrections, or discontinued offers.

4.3 Payment Terms

• Accepted Payment Methods: Major credit and debit cards and any other payment methods made available at checkout
• Payment Processing: Payments are processed securely through Shopify Payments and/or other authorized payment service providers
• Billing Information: You agree to provide current, complete, and accurate billing, payment, and contact information for all purchases

4.4 Order Acceptance

We reserve the right to refuse, limit, or cancel any order for reasons including, without limitation:

• Product or service unavailability
• Errors in pricing, descriptions, images, shipping information, or other listing details
• Suspected fraudulent, abusive, or unauthorized transactions
• Issues identified through risk, fraud, address, or payment screening processes

5. Shipping and Delivery

5.1 Shipping Policy

Shipping costs, delivery timelines, destination limitations, and related terms are described in our Shipping Policy and displayed at checkout. Cave and Patio currently offers free standard shipping on eligible orders shipped within the applicable service area shown on the Website and at checkout.

Shipping terms shown at checkout and in our Shipping Policy control in the event of any inconsistency.

5.2 Risk of Loss

All purchases are made pursuant to a shipment contract unless otherwise required by applicable law. Risk of loss and title for items pass to you upon our delivery of the goods to the carrier.

6. Returns and Refunds

Please refer to our Return and Refund Policy for information regarding returns, exchanges, refunds, and related procedures.

For clarity, return shipping is the customer's responsibility for approved returns, and Cave and Patio LLC does not provide or pay for return labels unless otherwise required by applicable law or expressly stated by us in writing.

7. Intellectual Property Rights

7.1 Ownership

All content on the Website, including text, graphics, logos, images, product selections, videos, page layouts, code, and software, is owned by or licensed to Cave and Patio LLC or its content suppliers and is protected by applicable intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use only.

7.3 Restrictions

You agree not to:

• Reproduce, duplicate, copy, sell, resell, distribute, or exploit any portion of the Services without our prior written permission
• Use any meta tags or hidden text using our name, branding, or trademarks without express written consent
• Attempt to reverse engineer, decompile, disassemble, or otherwise derive source code from any part of the Services except where expressly permitted by law

8. User Content

8.1 Submissions

If you submit reviews, comments, photos, videos, testimonials, suggestions, or other content ("User Content") through the Services, you grant Cave and Patio LLC a non-exclusive, royalty-free, worldwide, sublicensable license to use, reproduce, adapt, publish, display, distribute, and otherwise use such User Content in connection with operating, improving, and marketing the Services.

8.2 Prohibited Content

You agree not to submit User Content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, fraudulent, or invasive of another's privacy
• Infringes any intellectual property, publicity, contractual, or other legal rights of any person or entity
• Contains malware, viruses, spam, malicious code, or misleading commercial solicitations

9. Prohibited Activities

You agree not to engage in any prohibited activity, including:

• Violating Laws and Rights: Using the Services for any unlawful purpose or in violation of any applicable law or regulation
• Disruption: Interfering with or disrupting the Services or any servers or networks connected to the Services
• Unauthorized Access: Attempting to gain unauthorized access to any part of the Services or related accounts, systems, or networks
• Scraping/Automation Abuse: Using bots, scrapers, automated scripts, or similar tools in a manner that harms site performance or violates applicable law

10. Disclaimers and Warranties

10.1 "AS IS" Basis

The Services are provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, Cave and Patio LLC disclaims all warranties, express or implied, regarding the Services.

10.2 No Warranty

We do not warrant that:

• The Services will meet your specific requirements or expectations
• The Services will be uninterrupted, timely, secure, or error-free
• The results obtained from use of the Services will be accurate, complete, or reliable

11. Limitation of Liability

To the fullest extent permitted by law, in no event shall Cave and Patio LLC, its managers, members, officers, employees, contractors, affiliates, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to:

• Your use of or inability to use the Services
• Any unauthorized access to or use of our servers and/or personal information stored therein
• Any interruption or cessation of transmission to or from the Services

12. Indemnification

You agree to indemnify, defend, and hold harmless Cave and Patio LLC and its affiliates, managers, members, officers, employees, agents, contractors, and licensors from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of and access to the Services
• Your violation of these Terms
• Your violation of any third-party right, including intellectual property, privacy, publicity, or contractual rights

13. Termination

We may terminate or suspend your account or access to the Services immediately, without prior notice or liability, for any reason, including if we believe you have violated these Terms or engaged in conduct harmful to the Company, the Website, or other users.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law principles.

15. Dispute Resolution

Informal Resolution

If a dispute arises between you and the Company, both parties agree to first attempt to resolve the matter informally. You may contact our support team at support@caveandpatio.com.

Mediation and Arbitration

If a dispute cannot be resolved informally, the dispute may be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration shall take place in Texas, United States, and the decision of the arbitrator shall be final and binding, except as otherwise provided by law.

Class Action Waiver

You agree that any dispute will be resolved only on an individual basis and not as part of any class action, coordinated action, consolidated action, or representative proceeding.

Exceptions

Either party may bring an eligible claim in small claims court or seek injunctive or equitable relief for alleged misuse or infringement of intellectual property rights.

16. Changes to Terms

We reserve the right to modify or update these Terms at any time. Any changes become effective immediately upon posting on the Website unless otherwise stated. It is your responsibility to review these Terms periodically for updates.

17. Miscellaneous

17.1 Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect.

17.2 Entire Agreement

These Terms, together with any policies or legal notices posted on the Website, constitute the entire agreement between you and Cave and Patio LLC regarding the Services and supersede prior communications or agreements relating to the same subject matter.

17.3 Waiver

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

18. Contact Information

If you have any questions about these Terms, please contact us:

• Legal Business: Cave and Patio LLC, doing business as Cave and Patio
• EIN: 41-4188818
• Address: 13231 Champion Forest Dr, Suite 402, Houston, TX 77069, United States
• Email: support@caveandpatio.com
• Phone: 1-979-553-6869