Terms of service

OVERVIEW
Welcome to GWAE CLOTHING! The terms "we", "us" and "our" refer to GWAE CLOTHING. GWAE CLOTHING 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"). GWAE CLOTHING 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 [LINK]. If you do not agree to these Terms of Service or 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 stores 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 stores 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 stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device 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 stores.
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 to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. GWAE CLOTHING reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until GWAE CLOTHING confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as GWAE CLOTHING may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
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 or service 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.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, 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 at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

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.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by GWAE CLOTHING, its affiliates or licensors and are protected by U.S. and foreign patent, 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 of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of GWAE CLOTHING, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by GWAE CLOTHING.
GWAE CLOTHING's names, logos, product and service names, designs, and slogans are trademarks of GWAE CLOTHING or its affiliates or licensors. You must not use such trademarks without the prior written permission of GWAE CLOTHING. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, 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 whatsoever arising from or relating to your use of optional third-party tools.
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).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify's relationship with your store and should not be removed or modified.]
GWAE CLOTHING 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 GWAE CLOTHING. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and GWAE CLOTHING, 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 GWAE CLOTHING.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm GWAE CLOTHING, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using persons device, without direct supervision.
14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY GWAE CLOTHING, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL GWAE CLOTHING, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless GWAE CLOTHING, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 19 - 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 to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; 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 constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22 - 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 federal and state or territorial courts in the jurisdiction where GWAE CLOTHING is headquartered. You and GWAE CLOTHING consent to venue and personal jurisdiction in such courts.

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

SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at carrotpop@wwwgwae.com.
Our contact information is posted below:
[INSERT TRADING NAME]
carrotpop@wwwgwae.com
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER] PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY AS THEY APPLY TO YOUR ACCESS TO THE GWAE PLATFORM AND THE USE OF GWAE PRODUCTS.

These Terms apply to the GWAE website, social media platforms, and mobile app (the “Platform”), and the apparel, accessories, and other products sold or otherwise provided by GWAE (“Products”).
These Terms create a legally binding agreement between you and GWAE regarding your access to the Platform and use of Products.
When we say “GWAE,” “we,” “us,” or “our,” we are referring to the GWAE entity responsible for providing the Platform and Products.
TERMS APPLICABLE TO YOU
Updates
We may update these Terms from time to time. The “date of last revision” above indicates when these Terms were last updated. Unless we indicate otherwise, updated Terms will be effective immediately upon posting, and your continued use of the Platform and purchase of additional Products confirms your acceptance of the updates.
Terms of Sale
By purchasing a Product from us, you also agree to the Terms of Sale. 
Privacy
Our Privacy Policy describes how GWAE collects, uses, shares, and otherwise processes information about you.
Account Registration
When you register for a GWAE account, the following rules apply:
Provide accurate registration information and keep your account information up to date.
Your account is for your personal use only. Do not register for more than one account, register an account on behalf of someone else, or transfer your account to someone else.
Keep your username, password, and other login credentials secure and do not allow anyone else to use your account.
Inform us immediately of any unauthorized use of your account. You are responsible for anything that happens through your account – with or without your permission.
Devices
You may access the Platform through a computer, mobile phone, tablet, console, or other technology (a “Device”). You agree to receive transactional and other emails, SMS, and text messages from GWAE at the email address or other contact information you provide. Your carrier's normal data and text message rates and fees apply to your Device.
GWAE CONTENT
Content We Own
Unless expressly noted otherwise, the content on our Platform, including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, interactive features, sketches, animations, stickers, general artwork, and other content ("Content"), is owned by GWAE and is protected by copyright, trademark, and other laws. Content is part of the Platform, and you may only use the Platform as expressly permitted by these Terms. GWAE reserves all rights not expressly granted to you in these Terms.
The GWAE name, our logos, product or service names, slogans, and the look and feel of the Products are trademarks, service marks, trade dress, or trade names owned by GWAE, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Platform. Do not change, obscure, or delete any ownership or proprietary notices appearing in the Platform, including materials downloaded or printed from the Platform.
License to Use
Subject to your compliance with these Terms, GWAE grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Platform for your own personal, noncommercial use.
FEEDBACK AND IDEAS
We typically do not review unsolicited suggestions, ideas, feedback, or other materials that you post, submit, or otherwise communicate to us about GWAE or our Platform or Products (collectively, “Feedback”). However, any Feedback you send us is provided on a non-confidential basis, and you grant GWAE and its subsidiaries and affiliates a license to use such Feedback for any purpose, commercial or otherwise, without compensation or acknowledgement to you, including, but not limited to, for the purpose of developing, manufacturing, and marketing products and services.
COPYRIGHT INFRINGEMENT
GWAE has adopted a policy of terminating, in appropriate circumstances, the accounts of users found to infringe the intellectual property rights of others. If you believe that any Content on the Platform infringes a copyright that you own or control, you may provide us with written notification at the address set forth below. Please see Section 512(c)(3) of the Digital Millennium Copyright Act (“DMCA”) for the requirements of a proper notification. If your complaint fails to include everything required under the DMCA, we may be unable to act on it.
Please consult your legal advisor before filing a notice of copyright infringement with us because there may be penalties for false claims.
Send copyright infringement complaints to:

Copyright Agent
GWAE
Info@GWAECLOTHING.com
PARTNERS ON THE PLATFORM
From time to time, GWAE may link to, provide information about, partner with, or allow you to connect your GWAE account with third-party websites, social media platforms, mobile apps, and other products, services, and experiences (“Third Parties”). You may be able to connect with these Third Parties through the Platform, but this does not mean GWAE endorses, monitors, or has any control over these Third Parties or their activities. We provide information about and links to Third Parties as a service to those interested in such content. GWAE is not responsible for the content, policies, or activities of Third Parties, and you interact with Third Parties at your own risk.
WARRANTIES; DISCLAIMERS
Your use of our Platform and Products, and any content or materials provided therein or therewith, is at your sole risk. Except as otherwise provided in a writing by us and to the fullest extent permitted under applicable law, our Products, Platform, and any content or materials provided therein or therewith are provided “AS IS” and “AS AVAILABLE” without any representation or warranties of any kind, whether express, implied, or statutory. We are not making any promises of any kind, and GWAE disclaims all warranties with respect to the foregoing, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. GWAE does not represent or warrant that our Products, Platform, or any content provided therein or therewith are accurate, complete, reliable, current, or error-free, that access to our Platform or any content provided therein or therewith will be uninterrupted, or that any defects will be corrected. While GWAE attempts to make your use of our Platform safe, we cannot and do not represent or warrant that our Platform or any content provided therein or therewith, or our servers, are free of viruses or other harmful components, content, or materials. GWAE is not responsible for any damage to your Device resulting from accessing the Platform, for your interactions with other users of the Platform, or for any damage or harm you may experience as a result of these interactions. You assume the entire risk as to the quality and performance of the Products, Platform, and any content provided therein or therewith. All disclaimers of any kind (including in this Section and elsewhere in these Terms) are made for the benefit of GWAE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GWAE SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, STATUTE, OR OTHERWISE, FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR ANY LOST PROFITS OR LOST DATA, ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, OR THE PRODUCTS, EVEN IF GWAE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PRODUCTS AND PLATFORM. YOUR ONLY REMEDY AGAINST GWAE IN CONNECTION WITH ANY DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS, THE PRODUCTS, OR THE PLATFORM IS TO STOP USING THE PLATFORM AND PRODUCTS.
IF GWAE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO THESE TERMS, THE PRODUCTS, SERVICES, OR EXPERIENCES, THE MAXIMUM AGGREGATE LIABILITY OF GWAE SHALL NOT EXCEED THE LESSER OF (I) US $100.00 AND (II) THE AMOUNT PAID BY YOU TO GWAE FOR THE APPLICABLE PRODUCTS GIVING RISE TO SUCH LIABILITY. 
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, STATUTE, OR ANY OTHER BASIS, EVEN IF GWAE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The limitations outlined in this Limitation of Liability Section will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of GWAE or for any other matters in which liability cannot be excluded or limited under applicable law.
MODIFICATION AND TERMINATION
GWAE may terminate or modify all or part of any Platform or Product offerings at any time without notice. All modifications and additions to the Platform or Product offerings will be governed by these Terms, unless otherwise expressly stated by GWAE in writing.
GWAE may terminate or suspend your account, delete your profile, and restrict your use of all or any part of the Platform at any time and for any reason, without any liability to GWAE, subject to applicable law.
These Terms remain in effect even after your account is closed, terminated, or suspended, or you have otherwise stopped using the Platform.
DISPUTES, JURISDICTION, VENUE
Applicable Law
Any disputes, claims, controversies, or legal proceedings arising out of or relating to these Terms, the Products, or Platform (each a “Claim”) will be governed by and in all respects construed and enforced in accordance with Texas law, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.
Venue
Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, all Claims shall be resolved individually, without resort to any form of class action or any other kind of representative proceeding, and exclusively in the state or federal courts located in Dallas County, Texas. You and GWAE waive any objection to venue in any such courts.
Time to Bring a Claim
To the extent permitted by law, a Claim must be brought within one (1) year after the Claim arises; otherwise, the Claim is permanently barred, which means that you or GWAE will no longer have the right to assert that Claim against the other.
MISCELLANEOUS
Electronic Communications
By using the Platform or purchasing Products, you agree to receive certain electronic communications from GWAE, subject to applicable law. Communications and transactions between GWAE and you may be conducted electronically.
Assignment
GWAE may assign its rights and duties under these Terms, in whole or in part, to any party at any time without notice to you, unless notice to you is required by applicable law, but this will not affect your rights or our obligations under these Terms. You cannot assign your rights and duties under these Terms, and any attempted assignment in violation of this sentence is void.
Waiver
GWAE’s failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or GWAE’s rights. You should always assume these Terms apply.
Severability
If any provision in these Terms is held unlawful, invalid, or unenforceable for any reason, including because it is found to be unconscionable, then (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (iii) the unenforceable or unlawful provision may be revised to the extent required to render these Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, to preserve these Terms and the intent of these Terms to the fullest possible extent.
Intended Beneficiary
Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
Section Headings
The Section headings in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.”