Terms of service
**OVERVIEW**
**Last updated:** August 19, 2026
Welcome to David Resells! The terms "we", "us" and "our" refer to David Resells. David Resells 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"). David Resells 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. David Resells reserves the right to accept, decline, limit, cancel, or require additional verification for any order, in whole or in part, for legitimate business, inventory, payment-risk, fraud-prevention, pricing-error, or fulfillment reasons. An order is not accepted until we confirm acceptance and payment has been successfully authorized or processed. We may contact you using the email address, phone number, billing address, or shipping/delivery information provided with the order.
Please review your order carefully before submitting it. Once an order has been accepted, entered fulfillment, been assigned to a courier, been prepared for local delivery, or been shipped, cancellation or address-change requests may be unavailable. Any permitted return, exchange, cancellation, or refund is governed by our Refund Policy [LINK] and applicable law.
Our catalog may include on-hand inventory, incoming inventory, preorder items, backorder items, special-order items, or products awaiting restock. Accordingly, not every product offered through the Services is necessarily physically on hand or available for immediate fulfillment. Where an item is sold on a preorder, backorder, incoming-stock, or delayed-fulfillment basis, we will provide the applicable availability or estimated fulfillment information as required by law. Payment may be collected when the order is placed even if fulfillment will occur later. Estimated restock, processing, shipping, delivery, or arrival dates are estimates and are not guarantees unless we expressly state otherwise.
If we cannot ship or deliver an order within the time stated at the time of purchase, or within the period required by applicable law when no time is stated, we may contact you to obtain consent to a revised fulfillment date or cancel and refund the unfulfilled portion of the order as required by law.
You are responsible for providing complete and accurate contact, payment, shipping, and delivery information. If you provide an incorrect, incomplete, inaccessible, or outdated address or delivery instruction, you are responsible, to the extent permitted by law, for resulting delays and any reasonable additional shipping or redelivery costs. Delivery to the address entered at checkout may be treated as delivery to the address authorized by you.
We may use fraud-prevention and payment-verification measures and may request reasonable additional information before fulfillment. We may cancel or hold an order when we reasonably suspect unauthorized payment, fraud, abuse, resale activity that violates an applicable product restriction, or other misuse of the Services.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export, unless we expressly approve otherwise in writing.
**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 or reasonable shipping/delivery charges that may be separately shown where permitted by law. Any mandatory charges will be disclosed as required by applicable law.
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.
If a shipping or delivery charge is shown at checkout, that charge is for the applicable carriage or delivery service and does not guarantee that we will purchase a postal or parcel-carrier shipping label or use any particular carrier. Depending on the destination and circumstances, we may fulfill the order by a traditional shipping carrier, a third-party local courier/delivery service, or personal hand-delivery as described in Section 5. We will not charge an additional delivery amount after checkout without your authorization, except where additional charges result from a customer-requested change or failed delivery and are permitted by law.
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, payment details, shipping address, and phone number, so that we can complete your transactions and contact you as needed.
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 the payment provider, and (iv) you will pay charges incurred by you at the posted prices, including applicable shipping/delivery charges and taxes, if any.
**SECTION 5 - SHIPPING, LOCAL DELIVERY AND FULFILLMENT**
We may choose the reasonable fulfillment method used to deliver an order to the shipping or delivery address provided at checkout. Depending on location, availability, timing, cost, and operational needs, an order may be fulfilled through a postal or parcel carrier, a third-party local courier or delivery service (including services such as Uber or a similar delivery provider), or by David Resells through personal hand-delivery. By placing an order, you authorize us to use the contact and delivery information you provide for these fulfillment purposes.
If your address is within an area where local delivery is available, we may, at our discretion, use a local courier or personally deliver the order instead of purchasing a traditional shipping label. Local courier or personal delivery may therefore have no USPS, UPS, FedEx, or similar shipping label and may not generate traditional parcel tracking. The absence of a traditional shipping label or parcel tracking number does not, by itself, mean that the order was not fulfilled or delivered.
For local or courier deliveries, proof of fulfillment or delivery may include one or more of the following, as available: courier status or completion records, a delivery photograph, timestamp, delivery-location or GPS information, signature, handoff confirmation, text/email/message communications, a recipient name, or our own contemporaneous delivery records. You agree that these records may be used to investigate delivery claims and payment disputes, subject to applicable privacy law and our Privacy Policy.
Where permitted by the delivery method and your instructions, an order may be delivered to the address, handed to you or another person reasonably present at that address, provided to a receptionist/doorman/front desk, placed in a parcel locker, or left at a reasonably safe location at or near the delivery address. If you specifically authorize unattended delivery or provide instructions to leave the order at a particular location, documented delivery in accordance with those instructions will generally constitute completion of delivery, subject to applicable law.
You are responsible for ensuring that the delivery address is accurate, accessible, and safe for delivery and, when required, that someone is available to receive the order. If delivery cannot be completed because of an incorrect address, restricted access, failure to respond, refusal of delivery, or other circumstance attributable to the recipient, we may return the order, attempt redelivery, or request additional delivery charges where permitted by law and disclosed to you.
All processing, shipping, courier, local-delivery, restock, and arrival times are estimates unless expressly guaranteed in writing. We are not responsible for delays caused by carriers, couriers, traffic, weather, customs, security restrictions, address problems, customer unavailability, or other events outside our reasonable control. Nothing in this Section limits any right or remedy that cannot lawfully be waived.
**SECTION 5A - PREORDERS, BACKORDERS AND DELAYED FULFILLMENT**
Some or all products may periodically be offered as preorders, backorders, incoming inventory, special orders, or otherwise for delayed fulfillment. A product being available for purchase does not necessarily mean that the product is physically on hand at the moment the order is placed. Where required, the product page, checkout, order confirmation, or other pre-purchase disclosure will identify the expected fulfillment timing or preorder/backorder status.
By purchasing a disclosed preorder, backorder, incoming-stock, or delayed-fulfillment item, you acknowledge that fulfillment will occur after the item becomes available and that estimated dates may change. Orders containing both available and delayed items may be held and fulfilled together or fulfilled separately at our discretion, subject to applicable law and any shipping method purchased.
If an unexpected delay prevents us from meeting an applicable promised shipping or delivery time, we will provide any delay notice, consent option, cancellation option, or refund required by law. A customer does not lose non-waivable refund or cancellation rights merely because an item is described as a preorder.
**SECTION 5B - DELIVERY CLAIMS, PAYMENT DISPUTES AND CHARGEBACKS**
If you believe an order is missing, materially incorrect, unauthorized, duplicated, damaged, or not delivered as agreed, please contact David Resells at davidresells559@gmail.com as soon as possible and provide your order number and a description of the issue. Contacting us first gives us an opportunity to review delivery records, communicate with the carrier or courier, and attempt to resolve the issue directly. This requirement is not intended to waive or restrict any dispute right that cannot legally be waived.
You agree not to knowingly make a false, misleading, or fraudulent claim that an authorized and properly delivered order was unauthorized, not received, or otherwise invalid. A payment dispute or chargeback does not automatically establish that an order was not authorized or fulfilled. Where a dispute is filed, we may contest it and provide relevant evidence to Shopify, the payment processor, the card issuer, bank, or other payment provider. Evidence may include order confirmations, payment and verification records, checkout information, customer communications, IP/device or fraud-screening information lawfully available to us, shipping records, courier records, delivery photographs, timestamps, location data, signatures, recipient/handoff information, personal-delivery records, and refund or replacement records.
If a chargeback or payment dispute is already pending for an order, we may pause a separate voluntary refund, replacement, store credit, or other overlapping remedy while the dispute is being reviewed so that duplicate reimbursement does not occur, except where a different action is required by law. If you receive both a merchant refund and a payment-provider credit for the same amount, you agree to promptly notify us so the duplicate credit can be corrected as permitted by law.
We reserve the right to refuse future orders, require additional payment verification, restrict account access, or pursue lawful remedies when we reasonably determine that an account or transaction has been associated with fraud, abusive disputes, repeated false claims, payment reversals, or other misuse. Nothing in these Terms prevents a customer from exercising a good-faith legal right to dispute a billing error or seek a remedy available under applicable law.
**SECTION 5C - LOST, STOLEN OR MISDELIVERED ORDERS**
Please report any claimed non-delivery, misdelivery, theft, or delivery problem promptly after the expected or recorded delivery date so that we can investigate while carrier, courier, camera, message, and delivery records are still available. We may ask you to confirm the shipping address, check with household members or building staff, provide requested information, or cooperate with a carrier/courier investigation.
Where our records show documented delivery to the address or delivery location authorized by the customer, we may deny or limit a voluntary refund or replacement for loss or theft occurring after delivery, subject to our Refund Policy and applicable law. We may choose, but are not obligated unless required by law, to assist with carrier or courier claims or offer a replacement, store credit, or other accommodation.
**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 David Resells, 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 David Resells, 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 David Resells.
David Resells's names, logos, product and service names, designs, and slogans are trademarks of David Resells or its affiliates or licensors. You must not use such trademarks without the prior written permission of David Resells. 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.]
David Resells 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 David Resells. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and David Resells, 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 David Resells.
**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](https://www.shopify.com/legal/privacy/app-users). 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 or adjust an affected order if information is materially inaccurate at any time, including after you have submitted an order, subject to applicable law. If an obvious pricing or inventory error affects an accepted order, we may contact you with the corrected information and, where required, give you the option to continue or receive a refund.
**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 David Resells, 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 David Resells, 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 David Resells, 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 David Resells, 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 David Resells is headquartered. You and David Resells 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 these Terms of Service, order fulfillment, local delivery, preorder status, delivery claims, or payment disputes should be sent to us at davidresells559@gmail.com. When contacting us about an order, please include the order number, the name used on the order, and a concise description of the issue so that we can investigate it efficiently.