Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to THE CHEER DAD! The terms “we,” “us,” and “our” refer to THE CHEER DAD. THE CHEER DAD 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”). THE CHEER DAD is powered by Shopify, which enables us to provide the Services to you.

These 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 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 information you provide 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 activity associated with your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 - OUR PRODUCTS

Many THE CHEER DAD products are made to order and are produced after an order is placed. Please review product descriptions, size guides, color selections, personalization details, and other product information carefully before ordering.

We make reasonable efforts to accurately represent our products and services. However, colors or product appearance may differ from how they appear on your screen due to device settings, display calibration, garment materials, printing methods, embroidery, fabric texture, or other production factors.

Because products are individually produced using methods that may include direct-to-garment printing, embroidery, and all-over-print or cut-and-sew manufacturing, minor production variations can occur. Normal production variations may include small removable thread ends or short embroidery connecting threads, slight stitching differences, minor print-position or alignment variation, slight color differences, minor garment measurement variation within the manufacturer’s stated tolerance, minor all-over-print panel misalignment, or minor white fabric visibility at certain seams or folds. Such variations are not considered defects when they do not materially affect the product’s appearance, fit, function, durability, or accuracy compared with what was ordered.

A potential defect may include unraveling seams, holes, significant stains, materially incorrect artwork, severely misplaced printing, the wrong product, the wrong tagged size, or another meaningful manufacturing or fulfillment error.

All product descriptions 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 quantities offered 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. THE CHEER DAD reserves the right to accept or decline an order for any lawful reason at its discretion. Your order is not accepted until THE CHEER DAD confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it. Because many products are made to order and production can begin shortly after purchase, we may be unable to accommodate cancellation or modification requests once an order has entered production.

If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing information, and/or phone number provided at checkout.

Your purchases are subject to our Returns, Exchanges & Size Swaps Policy. Made-to-order products are not eligible for traditional returns or refunds because of change of mind, color choice, or incorrect size selection.

If you select the wrong size, you may request participation in THE CHEER DAD Size Swap Program within 7 days of delivery. If approved, the original item must meet the eligibility requirements stated in our Returns, Exchanges & Size Swaps Policy. The customer is responsible for trackable return shipping. After the returned item is received and approved, we may provide a one-time 50% discount toward the same product/design in a different size. Standard shipping charges apply to the replacement order. Size Swap discounts are non-transferable, one-time use, and may not be combined with other offers unless we expressly state otherwise.

Damaged, defective, misprinted, or materially incorrect orders must be reported within 7 days of delivery in accordance with our Returns, Exchanges & Size Swaps Policy. We may require photographs, measurements, packaging information, or other reasonable documentation to evaluate a claim. Do not wear, wash, alter, discard, or return an item while a claim is being reviewed unless we instruct you to do so.

We reserve the right to deny fraudulent, abusive, repetitive, or otherwise improper claims or attempted misuse of our return, refund, or Size Swap policies, subject to applicable law.

You represent and warrant that purchases are for your own personal or household use and not for unauthorized 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. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, import duties, or other applicable charges.

Prices posted in our online store may differ from prices offered in other channels or by third parties. We may offer promotions that are governed by separate terms and conditions. If there is a conflict between the terms of 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 through our Services. You agree to promptly update your information as necessary so that we can complete transactions and contact you.

You represent and warrant that payment information you provide is true, correct, and complete, that you are authorized to use the selected payment method, and that you will pay all charges incurred at the posted prices, including applicable shipping and taxes.

SECTION 5 - SHIPPING AND DELIVERY

Most orders require production time before shipment because many THE CHEER DAD products are made to order. Production and delivery estimates are described in our Shipping & Delivery Policy.

All delivery dates and transit times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, weather, customs processing, seasonal volume, missed delivery attempts, incorrect or incomplete customer information, or events outside our reasonable control.

Customers are responsible for entering a complete and accurate shipping address. If an address error is reported before shipment, we may attempt to correct it, but changes cannot be guaranteed once production or shipment has progressed.

If an order is returned because of an incorrect or incomplete address, refusal of delivery, an unclaimed package, failure to pick up a shipment, or similar customer-caused issue, additional shipping charges may apply before reshipment.

Orders containing multiple products may be fulfilled from different facilities and may arrive in separate packages with separate tracking numbers.

If tracking shows a package as delivered but you cannot locate it, please check the delivery area, household members, neighbors, building staff, and the carrier before contacting us. We will review available options, but a package marked delivered by the carrier is not automatically considered lost.

International orders may be subject to customs duties, import taxes, tariffs, or other fees imposed by the destination country. Unless expressly collected at checkout, such charges are the customer’s responsibility.

Subject to applicable law, title and risk of loss may pass to you when the order is transferred to the carrier.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, video, audio, artwork, logos, designs, slogans, product names, and the design, selection, and arrangement thereof, are owned by THE CHEER DAD, its affiliates, or licensors and are protected by U.S. and foreign 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, sell, or transmit material from the Services without our prior written consent except as permitted by law.

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 THE CHEER DAD, Shopify, or any third party.

THE CHEER DAD names, logos, product and service names, designs, artwork, graphics, and slogans are trademarks, copyrighted material, or other intellectual property of THE CHEER DAD or its affiliates or licensors. You must not use such material without prior written permission. 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 property of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to tools offered by third parties as part of the Services, which we may neither monitor nor control.

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

Any use of optional tools offered through the site is at your own risk and discretion, and you should ensure that you understand and approve the terms on which the relevant third-party provider offers them.

We may also offer new features, tools, and resources through the Services in the future. Such features will also be deemed part of the Services and subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites.

If you leave the Services to access third-party materials or websites, you do so at your own risk.

We are not liable for harm or damages related to your access to third-party websites or your purchase or use of products, services, resources, or content made available by third parties. Please review third-party policies and practices before engaging in transactions with them.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

THE CHEER DAD 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 THE CHEER DAD. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and THE CHEER DAD, 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 THE CHEER DAD.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy.

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. Information you submit may be transmitted to and shared with Shopify and other service providers, including providers involved in payments, production, fulfillment, shipping, analytics, fraud prevention, customer service, and website operations.

Please review our Privacy Policy for more information about how THE CHEER DAD and our service providers collect, use, disclose, and protect personal information and about privacy rights that may apply to you.

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 lawful purpose, including commercial use.

You represent and warrant that you own or have all necessary rights to the Feedback, have disclosed any compensation or incentives received in connection with it, and that your Feedback complies with these Terms.

We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine is unlawful, offensive, threatening, libelous, defamatory, obscene, infringing, or otherwise objectionable or in violation of these Terms.

You are solely responsible for your Feedback and its accuracy. We take no responsibility and assume no liability for Feedback posted by you or a third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, product images, or other information.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if information is inaccurate, subject to applicable law, including after you have submitted an 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, state, or local law or regulation; (c) to infringe our intellectual property rights or the rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate any person; (e) to transmit false or misleading information; (f) to submit false, fraudulent, or misleading claims relating to orders, product defects, delivery, returns, refunds, or size swaps; (g) to transmit or procure spam, junk mail, chain letters, or similar solicitations; (h) to impersonate another person or entity; or (i) to engage in conduct that restricts or inhibits another person’s use or enjoyment of the Services or may harm THE CHEER DAD, Shopify, or users of the Services.

In addition, you agree not to upload or transmit malicious code, reproduce or exploit portions of the Services without permission, collect or track personal information of others unlawfully, phish or pretext, interfere with security measures, or otherwise attempt unauthorized access.

We reserve the right to suspend, disable, or terminate access to the Services if we determine that these Terms have been violated.

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 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, including by mimicking human behavior or circumventing CAPTCHAs or measures intended to distinguish computers from humans; (iii) respond truthfully to questions or prompts seeking to determine whether interactions are coming from a human or computer; and (iv) not circumvent or avoid measures intended to block, limit, modify, or control Agent access.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any portion thereof, in our discretion and subject to applicable law. You will remain liable for all amounts due up to and including the date of termination.

The following provisions will continue to apply after 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 information except as required by applicable law.

EXCEPT AS EXPRESSLY STATED BY THE CHEER DAD OR REQUIRED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, OR 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 CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL THE CHEER DAD, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR SIMILAR DAMAGES, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PROCURED USING THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

SECTION 18 - INDEMNIFICATION

You agree, to the extent permitted by applicable law, to indemnify, defend, and hold harmless THE CHEER DAD, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party losses, damages, liabilities, or claims, including reasonable attorneys’ fees, arising from (1) your breach of these Terms or documents incorporated by reference, (2) your violation of law or the rights of a third party, or (3) your misuse of the Services.

We will notify you of an indemnifiable claim when reasonably practicable. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle a claim requiring non-monetary obligations from you without your consent, not to be unreasonably withheld. You will reasonably cooperate in the defense of indemnified claims.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed without affecting the validity or enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us governing your use of the Services and supersede prior or contemporaneous agreements, communications, and proposals relating to the Services.

Any ambiguities in the interpretation of these Terms shall not automatically 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 unauthorized attempt will be null and void.

We may transfer, assign, or delegate these Terms and our rights and obligations as permitted by applicable law.

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 laws applicable in the jurisdiction where THE CHEER DAD is headquartered, without limiting any mandatory consumer-protection rights that apply to you.

You and THE CHEER DAD consent to venue and personal jurisdiction in courts having proper jurisdiction over disputes arising under these Terms, subject to applicable law.

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 these Terms of Service at any time on this page.

We reserve the right, in our discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. We will provide any notice required by applicable law.

Your continued use of or access to the Services after changes become effective constitutes acceptance of those changes to the extent permitted by law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at:

THE CHEER DAD
support@thecheerdadco.com

The Cheer Dad Co.
17130 Van Buren Blvd #8
Riverside, CA 92504
United States

Additional business contact information required by applicable law is available through our Contact Us page and other store policies.

THE CHEER DAD
Comp Ready. Dad Approved.