Terms of service

OVERVIEW Welcome to Cough Company! The terms "we," "us," and "our" refer to Cough Company. Cough Company 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"). Cough Company 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 our 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, 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 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 the information you provide in our store 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 of your account activity. You may not transfer, sell, assign, or license your account to any other 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, please note that colors or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device's settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online store.

All descriptions of products 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 any products that we offer, on a case-by-case basis.

SECTION 3 – ORDERS When you place an order, you are making an offer to purchase. Cough Company reserves the right to accept or decline your order for any reason, at its discretion. Your order is not accepted until Cough Company confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Cough Company may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email, billing address, and/or phone number provided at the time the order was made.

All sales are final. Because our products are made to order, purchases are not eligible for return or exchange except as described in our Return and 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 will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.

We may, from time to time, offer promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

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

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

SECTION 5 – SHIPPING AND DELIVERY We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you. See our Shipping Policy for production time and delivery estimates.

SECTION 6 – INTELLECTUAL PROPERTY Our Services, including all trademarks, brands, text, displays, images, graphics, and the design, selection, and arrangement thereof, are owned by Cough Company, its affiliates, or licensors, and are protected by U.S. and foreign copyright and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent. Nothing in these Terms grants any license or other rights to you under any patent, trademark, copyright, or other intellectual property of Cough Company, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws.

Cough Company's names, logos, product designs, and slogans are trademarks of Cough Company and must not be used without our prior written permission. Shopify's name, logo, and related marks are trademarks of Shopify. All other names, logos, and marks on the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS You may be provided access to tools offered by third parties that we neither monitor nor control. Such tools are provided "as is" and "as available," without warranties of any kind, and we have no liability arising from your use of them. Your use of any optional third-party tools is entirely at your own risk, and you should review the relevant third party's own terms before use.

SECTION 8 – THIRD-PARTY LINKS The Services may contain links to websites operated by third parties. We are not responsible for the content, accuracy, or practices of any third-party site, and you access them at your own risk. Complaints or questions about third-party products or services should be directed to that third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY [Note: Shopify specifies that this section should not be removed or modified.] Cough Company 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 Cough Company. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Cough Company, including any injury, damage, or loss resulting from purchased products. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Cough Company.

SECTION 10 – 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 access to and use of the Services, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read both.

SECTION 11 – FEEDBACK If you submit any ideas, suggestions, reviews, or other content ("Feedback"), you grant us a perpetual, worldwide, royalty-free license to use, reproduce, modify, publish, and display that Feedback for any purpose, including commercial use, without compensation or obligation to you. You represent that you own or have the rights to any Feedback you submit, and that it will not violate any third party's rights or contain unlawful, abusive, or infringing content.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS Occasionally there may be typographical errors, inaccuracies, or omissions on the Services relating to product descriptions, pricing, promotions, or availability. We reserve the right to correct any such errors and to change, update, or cancel orders based on inaccurate information at any time, without prior notice, including after an order has been submitted.

SECTION 13 – PROHIBITED USES You may use the Services for lawful purposes only. You agree not to: violate any law or regulation; infringe our intellectual property or that of others; harass, abuse, or harm any person; transmit false or misleading information; send spam or unsolicited advertising; impersonate any person or entity; upload viruses or malicious code; scrape or extract data using automated tools; or attempt to bypass or interfere with any security or access-control measure. We reserve the right to suspend or terminate your account at any time, without notice, if we determine you have violated these Terms.

SECTION 14 – AGENTS This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an "Agent" — any software that takes autonomous or semi-autonomous action on behalf of a person or entity — to access, use, or interact with the Services.

No Agent may access, use, or interact with the Services unless it identifies itself and operates in strict accordance with the requirements below, and no Agent may do so if we have requested that it refrain. We may limit, including by technical measures, whether and how any Agent accesses the Services.

Agents must: (i) identify themselves as an Agent in all HTTP/HTTPS requests by including "Agent/[agent name]" in the user agent string; (ii) not conceal that access is coming from an Agent, including by mimicking human behavior or bypassing CAPTCHAs; (iii) respond truthfully to any prompt asking whether an interaction is from a human or a computer; and (iv) not circumvent any measure intended to control how Agents access the Services.

SECTION 15 – TERMINATION We may terminate this agreement or your access to the Services, in our sole discretion, at any time and without notice, and you will remain liable for all amounts due up to the date of termination. Provisions that by their nature should survive termination — including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law — will continue to apply.

SECTION 16 – DISCLAIMER OF WARRANTIES The information on the Services is provided for general informational purposes only, and we do not warrant its accuracy, completeness, or usefulness. Any reliance you place on it is at your own risk.

EXCEPT AS EXPRESSLY STATED BY COUGH COMPANY, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT FULLY APPLY TO YOU.

SECTION 17 – LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW, COUGH COMPANY AND ITS PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS, AND SERVICE PROVIDERS, AS WELL AS SHOPIFY AND ITS AFFILIATES, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND — INCLUDING LOST PROFITS OR LOST DATA — ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT PURCHASED THROUGH THEM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 18 – INDEMNIFICATION You agree to indemnify, defend, and hold harmless Cough Company, Shopify, and our respective affiliates, officers, employees, and agents from any claims, losses, damages, or liabilities, including reasonable attorneys' fees, arising out of your breach of these Terms, your violation of any law or third-party right, or your use of the Services.

SECTION 19 – SEVERABILITY If any provision of these Terms is found unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the remainder of these Terms will remain in full effect.

SECTION 20 – WAIVER; ENTIRE AGREEMENT Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. These Terms, together with any policies referenced within them, constitute the entire agreement between you and Cough Company regarding your use of the Services, superseding any prior agreements or communications.

SECTION 21 – ASSIGNMENT You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign or transfer these Terms without notice or consent.

SECTION 22 – GOVERNING LAW These Terms of Service are governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law principles. You and Cough Company consent to venue and personal jurisdiction in the state and federal courts located in California.

SECTION 23 – HEADINGS The headings used in this agreement are included for convenience only and do not limit or affect these Terms.

SECTION 24 – CHANGES TO TERMS OF SERVICE We reserve the right to update, change, or replace any part of these Terms at our sole discretion by posting updates to our website. It is your responsibility to check this page periodically. Your continued use of the Services after changes are posted constitutes acceptance of those changes.

SECTION 25 – CONTACT INFORMATION Questions about these Terms of Service should be sent to us at coughcompany@gmail.com.

Cough Company A sole proprietorship owned and operated by Michael Elstad Oceanside, California coughcompany@gmail.com