Terms of service

OVERVIEW

This website is operated by ACTUS LABS LLC (operating as Actus Core). Throughout the site, the terms "we", "us" and "our" refer to ACTUS LABS LLC (operating as Actus Core). Actus Core offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website; material changes will also be highlighted where required by applicable law. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes, without prejudice to any statutory rights you may have as a consumer.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state or province of residence, or that you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time, subject to applicable law. Where you are a consumer located in the European Union, we will not restrict your access to the Service, apply different prices, or apply different sales or payment conditions based on your nationality, place of residence, or place of establishment, except where such a distinction is objectively justified — for example by legal requirements such as export controls, customs, tax obligations, or product-specific licensing restrictions, in line with Regulation (EU) 2018/302 on geo-blocking.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. This section does not affect the accuracy of the specific product information, price, and delivery terms presented to you at the time you place an order, which remain binding on us as stated in Section 5.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. This does not affect the price of an order you have already placed and we have confirmed.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time, subject to any statutory rights you may have in connection with an order already placed.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange according to our Refund Policy: https://actuscore.com/policies/refund-policy

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person or jurisdiction, for reasons such as fraud prevention, export or customs restrictions, or applicable legal requirements. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice for future orders, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us, or to limit or cancel quantities purchased per person, per household or per order, provided this is not applied in a manner that unlawfully discriminates against consumers based on nationality, residence, or place of establishment within the European Union. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

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

For more details, please review our Refund Policy: https://actuscore.com/policies/refund-policy

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools, except as required by applicable law.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and Services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such third-party materials or websites. Please review carefully the third party's policies and practices before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send us comments, suggestions, or other creative submissions ("comments"), whether at our request or otherwise, you agree that we may edit, copy, publish, distribute, translate and otherwise use such comments in any medium, and that we are under no obligation to keep them confidential, compensate you, or respond to them, except as otherwise agreed in writing.

We may, but have no obligation to, monitor, edit or remove content that we determine in good faith to be unlawful, offensive, threatening, defamatory, or otherwise in violation of any party's rights or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, or privacy rights, and will not contain unlawful, abusive, or obscene material, or any computer virus or other malware. You may not use a false e-mail address or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: https://actuscore.com/policies/privacy-policy

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any such errors, inaccuracies or omissions, and to update information, at any time. Where we discover a pricing or material error after you have submitted an order, we will contact you before processing the order and give you the option to confirm at the corrected price or cancel with a full refund; we will not charge you a corrected higher price without your agreement.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions set out in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any applicable regulations, rules, or laws; (d) to infringe our intellectual property rights or those of others; (e) to harass, abuse, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or malicious code; (h) to collect or track the personal information of others without consent; (i) to spam, phish, or scrape data; (j) for any obscene or unlawful purpose; or (k) to interfere with or circumvent the security features of the Service. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that your use of our Service will be uninterrupted, timely, secure or error-free, or that results obtained through the Service will be accurate or reliable.

The Service and all products and Services delivered through it are (except as expressly stated by us, or as required by applicable consumer protection law) provided "as is" and "as available", without warranties of any kind beyond those that cannot be excluded under applicable law.

To the fullest extent permitted by applicable law, ACTUS LABS LLC (operating as Actus Core), our directors, officers, employees, affiliates, agents, contractors, suppliers, and service providers shall not be liable for any indirect, incidental, punitive, special, or consequential damages arising from your use of the Service or any product procured through it, whether based in contract, tort, strict liability or otherwise, even if advised of the possibility of such damages.

Nothing in this Section excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law. If you are a consumer, nothing in this Section affects your statutory rights — including your rights under the EU Consumer Rights Directive, the EU Sale of Goods Directive, the UK Consumer Rights Act 2015, or the equivalent mandatory consumer protection laws of your country of residence — which cannot be excluded or limited by these Terms. Because some jurisdictions do not allow the exclusion or limitation of liability for certain damages, in such jurisdictions our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless ACTUS LABS LLC (operating as Actus Core) and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party. This clause does not apply to the extent a claim arises from our own breach of contract, negligence, or violation of applicable consumer protection law.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, without affecting the validity and enforceability of the remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our site.

If we determine, acting reasonably, that you have failed to comply with any term of these Terms of Service, we may terminate this agreement and deny you access to our Services, without prejudice to any statutory rights you may have as a consumer regarding orders already placed.

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New Mexico, United States, without regard to its conflict of law provisions.

If you are a consumer habitually resident in the European Union, the United Kingdom, or another jurisdiction with mandatory consumer protection laws, this choice of law does not deprive you of the protection afforded by any mandatory provisions of the law of your country of residence that cannot be derogated from by agreement, and this section does not affect your right to bring proceedings before the courts of your country of residence where applicable law grants you that right.

SECTION 19 - COMPLAINTS AND DISPUTE RESOLUTION

If you have a complaint about a product or an order, please contact us first at support@actuscore.com so that we can try to resolve it directly.

We are not currently subscribed to any out-of-court alternative dispute resolution (ADR) scheme, and our participation in any ADR proceeding is voluntary. If you are a consumer in the European Union, Norway, or Iceland, a list of national consumer dispute resolution bodies is maintained by the European Commission at https://consumer-redress.ec.europa.eu/dispute-resolution-bodies.

SECTION 20 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes, without prejudice to any statutory rights you may have as a consumer.

SECTION 21 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@actuscore.com.