Terms of service

OVERVIEW
Welcome to Sum Attack!. The terms "we," "us," and "our" refer to Level Up Learning Lab LLC, doing business as Sum Attack!. Sum Attack! operates this store and website, including all related information, content, features, tools, products, and services (the "Services"). Sum Attack! is powered by Shopify, which enables us to provide the Services to you.

These terms, together with any policies referenced here (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information about your legal rights, including 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, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence, and you consent to allow any of your minor dependents to use the Services on devices you own or manage.

To use the Services, including browsing our store or making a purchase, you may be asked to provide information such as your email address and your billing, payment, and shipping information. You represent that all information you provide is correct, current, and complete.

You are responsible for keeping your account credentials secure and for all activity on your account. You may not transfer, sell, or assign your account to anyone else.

SECTION 2 - OUR PRODUCTS
We make every effort to show our products accurately. However, colors and appearance may differ depending on your device and its settings. We do not warrant that products will look exactly as shown on the site.

Product descriptions may change at any time without notice. We may discontinue any product at any time and may limit quantities offered to any person or region on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. We may accept or decline any order for any reason. Your order is not accepted until we confirm it, and we must receive your payment before it is accepted. Please review your order carefully before submitting, as we may be unable to cancel an order once it is accepted. If we decline, change, or cancel an order, we will try to notify you using the contact information provided with the order.

Returns and exchanges are handled according to our Refund Policy.

You represent that your purchases are not for commercial resale or export.

SECTION 4 - PRICES AND BILLING
Prices and promotions may change without notice. The price you pay is the price in effect when you place your order, as shown in your order confirmation email. Unless otherwise stated, posted prices do not include taxes.

You agree to provide current, complete, and accurate payment information, and to update it as needed so we can complete your transactions and contact you. You represent that you are authorized to use the payment method you provide and that you will pay all charges at the posted prices, including any applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY
We currently ship within the United States only. Delivery times are estimates and are not guaranteed. We are not responsible for delays caused by shipping carriers or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you. This does not limit anything we offer in our Refund Policy.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including all trademarks, text, images, graphics, product reviews, video, and design, are owned by Level Up Learning Lab LLC or its licensors and are protected by U.S. and international intellectual property laws.

You may use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, publicly display, or republish any material from the Services without our prior written permission.

The SUM ATTACK! name, logo, product names, designs, and slogans are trademarks of Level Up Learning Lab LLC. You may not use them without our prior written permission. Shopify's name, logo, and related marks are trademarks of Shopify. All other names and logos on the Services belong to their respective owners.

SECTION 7 - THIRD-PARTY LINKS
The Services may contain links to websites operated by third parties. We are not responsible for the content or accuracy of those websites. If you choose to visit them, you do so at your own risk. Questions or complaints about third-party products or services should be directed to that third party.

SECTION 8 - RELATIONSHIP WITH SHOPIFY
Sum Attack! is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Sum Attack!. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Sum Attack!, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Sum Attack!.

SECTION 9 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy. Because the Services are hosted by Shopify, Shopify also collects and processes personal information about your use of the Services, as described in our Privacy Policy.

SECTION 10 - REVIEWS AND FEEDBACK
If you submit reviews, suggestions, or other feedback ("Feedback"), you grant us a perpetual, worldwide, royalty-free license to use, reproduce, publish, and display that Feedback for any purpose, including promoting the Services. You represent that your Feedback is your own, is accurate, and does not violate anyone's rights. We may, but are not required to, edit or remove Feedback we find unlawful, offensive, or in violation of these Terms.

SECTION 11 - ERRORS AND OMISSIONS
Occasionally, the Services may contain errors related to product descriptions, pricing, promotions, shipping, or availability. We reserve the right to correct errors, update information, or cancel orders if any information is inaccurate, at any time without prior notice, including after you have submitted your order.

SECTION 12 - PROHIBITED USES
You may use the Services for lawful purposes only. You may not use the Services to violate any law; to infringe on our intellectual property or anyone else's; to harass or harm any person; to send spam or malicious code; to impersonate anyone; or to scrape, copy, or interfere with the Services by automated means. We may suspend or terminate your access at any time if you violate these Terms.

SECTION 13 - TERMINATION
We may terminate your access to the Services at any time, in our sole discretion, without notice. You remain liable for all amounts due up to the date of termination. Sections that by their nature should continue, including Intellectual Property, Reviews and Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law, will survive termination.

SECTION 14 - DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY STATED BY SUM ATTACK!, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 15 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL LEVEL UP LEARNING LAB LLC, ITS OWNERS, AFFILIATES, CONTRACTORS, OR SERVICE PROVIDERS, OR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT PURCHASED THROUGH THEM. OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO A PURCHASE IS LIMITED TO THE AMOUNT YOU PAID FOR THAT ORDER.

SECTION 16 - INDEMNIFICATION
You agree to indemnify and hold harmless Level Up Learning Lab LLC, Shopify, and their affiliates from any claims, losses, or damages, including reasonable attorneys' fees, arising from your breach of these Terms, your violation of any law or third-party right, or your use of the Services.

SECTION 17 - SEVERABILITY
If any provision of these Terms is found unlawful or unenforceable, it will be enforced to the fullest extent permitted, and the rest of these Terms will remain in effect.

SECTION 18 - WAIVER; ENTIRE AGREEMENT
Our failure to enforce any right or provision of these Terms is not a waiver of that right. These Terms, together with any policies posted on this site, are the entire agreement between you and us regarding the Services and replace any prior agreements.

SECTION 19 - ASSIGNMENT
You may not transfer your rights or obligations under these Terms without our prior written consent. We may transfer ours without notice to you.

SECTION 20 - GOVERNING LAW
These Terms are governed by the laws of the State of California. You and Sum Attack! consent to venue and personal jurisdiction in the state and federal courts located in California.

SECTION 21 - CHANGES TO THESE TERMS
You can review the current version of these Terms at any time on this page. We may update them by posting changes to our website. Your continued use of the Services after changes are posted means you accept them.

SECTION 22 - CONTACT INFORMATION
Questions about these Terms can be sent to:
Sum Attack! (Level Up Learning Lab LLC)
orders@sumattack.com