Terms of service
OVERVIEW
Welcome to Clutch Reliable Performance Solutions. The terms “Clutch,” “we,” “us,” and “our” refer to Clutch Reliable Performance Solutions.
We operate this website and online store, including the information, content, features, tools, products, and services made available through it collectively, the “Services.” Our store is powered by Shopify, which provides the ecommerce platform that enables us to offer the Services to you.
These Terms of Service, together with any policies referenced in them, govern your access to and use of the Services and any purchases you make through our store.
By visiting, accessing, interacting with, or using the Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms, you should not use the Services.
Please read these Terms carefully. They contain important information regarding your legal rights, including warranty disclaimers and limitations of liability.
SECTION 1 - ELIGIBILITY AND ACCOUNTS
By using the Services, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence, or that you have the permission of a parent or legal guardian as required by applicable law.
You may be required to provide certain information when using the Services or making a purchase, including your name, email address, billing information, payment information, and shipping information.
You agree that all information you provide is accurate, current, and complete and that you have the right to provide such information.
If you create an account, you are responsible for maintaining the confidentiality and security of your account credentials and for activity occurring through your account.
You may not transfer, sell, assign, or license your account to another person without our permission.
SECTION 2 - PRODUCTS AND AVAILABILITY
We make reasonable efforts to accurately describe and display our products. However, product colors, appearance, dimensions, packaging, and other visual characteristics may vary based on your device, display settings, manufacturer changes, or other factors.
Product images are provided for illustrative purposes and may not always reflect minor manufacturer revisions, packaging changes, or other non-material differences.
Product descriptions, specifications, pricing, availability, and other information may be changed or corrected at any time without notice.
We reserve the right to discontinue products, limit quantities, restrict sales, or refuse a transaction when reasonably necessary, including in cases involving inventory limitations, suspected fraud, pricing or listing errors, manufacturer restrictions, or other legitimate business reasons.
SECTION 3 - ORDERS
Submitting an order constitutes an offer to purchase the products included in your order.
Receipt of an order confirmation does not necessarily constitute final acceptance of the order. We reserve the right to accept, decline, limit, or cancel an order before shipment when reasonably necessary.
We may cancel or modify an order because of product unavailability, pricing or product-information errors, suspected fraud, payment issues, quantity limitations, shipping restrictions, or other legitimate business reasons.
If we cancel an order after payment has been collected, the applicable amount will be refunded to the original payment method.
Please review your order carefully before submitting it. Once an order enters processing or shipping, we may not be able to accommodate a cancellation or modification request.
Purchases may not be made for unlawful resale, unlawful export, or any other purpose prohibited by applicable law or manufacturer restrictions.
SECTION 4 - PRICING AND BILLING
Prices, discounts, promotions, and product availability are subject to change without notice.
The price charged for a product will generally be the price displayed at checkout when the order is submitted, subject to correction of errors as permitted by law.
Unless expressly stated otherwise, displayed product prices do not include applicable taxes, shipping charges, handling charges, duties, customs charges, or other fees that may apply to an order.
Promotions, coupon codes, discounts, and special offers may be subject to separate terms, restrictions, expiration dates, product exclusions, quantity limitations, or other conditions.
If promotional terms conflict with these Terms of Service with respect to a particular promotion, the specific promotional terms will control.
You agree to provide accurate and complete billing, payment, and account information and to promptly update that information when necessary.
You represent that you are authorized to use any payment method submitted in connection with a purchase.
SECTION 5 - SHIPPING AND DELIVERY
Shipping and delivery dates are estimates unless we expressly state otherwise.
We are not responsible for delays caused by carriers, severe weather, natural disasters, governmental actions, customs processing, transportation disruptions, incorrect or incomplete delivery information provided by the customer, or other circumstances outside our reasonable control.
We will make reasonable efforts to ship orders within the timeframe represented at the time of purchase and will handle material delays in accordance with applicable law.
You are responsible for providing a complete and accurate shipping address.
Title and risk of loss generally pass to you upon delivery of the order to the designated shipping address, except where otherwise required by applicable law.
Additional terms may apply to oversized, freight, special-order, or other shipments requiring special handling.
SECTION 6 - RETURNS AND REFUNDS
Returns, exchanges, cancellations, and refunds are governed by our Refund Policy.
The Refund Policy is incorporated into these Terms of Service by reference.
Product-specific restrictions, final-sale designations, manufacturer restrictions, or other conditions disclosed before purchase may also apply.
SECTION 7 - INTELLECTUAL PROPERTY
The Services and their contents, including text, graphics, images, photographs, videos, audio, logos, trademarks, product presentation, page layouts, design elements, software, and other materials, are owned by or licensed to Clutch or their respective owners and are protected by applicable intellectual property laws.
You may use the Services for lawful personal or business purchasing purposes.
Except as permitted by law or with our prior written consent, you may not reproduce, distribute, modify, republish, publicly display, commercially exploit, scrape, copy, or create derivative works from material contained within the Services.
Nothing in these Terms grants you ownership of or a license to any trademark, copyright, patent, trade name, logo, or other intellectual property except as expressly stated.
The Clutch name, logos, product names, service names, designs, and slogans may not be used without authorization.
All third-party trademarks appearing on the Services remain the property of their respective owners.
SECTION 8 - THIRD-PARTY TOOLS AND LINKS
The Services may provide access to tools, services, content, integrations, applications, or websites operated by third parties.
We do not control and are not responsible for third-party websites, services, policies, content, security practices, availability, or transactions.
Your use of third-party services may be governed by separate terms and privacy policies established by those third parties.
You should review the applicable terms and policies before using third-party services or completing transactions with third parties.
We may add, modify, or remove third-party tools, integrations, or features at any time.
SECTION 9 - SHOPIFY
Our store is powered by Shopify, which provides the ecommerce platform and related technology used to make the Services available.
Purchases made through our store are transactions between you and Clutch, not between you and Shopify.
To the fullest extent permitted by applicable law, Shopify is not responsible for products sold by Clutch, fulfillment of your order, product warranties provided by Clutch or a manufacturer, or other obligations arising from your purchase from Clutch.
Your use of certain Shopify-powered features may also be subject to terms or privacy practices established by Shopify.
SECTION 10 - PRIVACY
Our collection and use of personal information is governed by our Privacy Policy.
Because our store is hosted by Shopify, certain information relating to your use of the Services may also be collected, transmitted, stored, or processed by Shopify and other service providers that assist in operating the store and fulfilling transactions.
Please review our Privacy Policy for additional information about how personal information is collected, used, disclosed, and protected.
SECTION 11 - REVIEWS, FEEDBACK, AND USER CONTENT
If you submit a product review, comment, suggestion, photograph, feedback, idea, proposal, or other content to us or through the Services, you represent that you have the right to provide that content.
Unless otherwise prohibited by law, you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, publish, display, distribute, adapt, and otherwise use content you voluntarily submit for purposes relating to our business and the Services.
You may not submit content that infringes another person's intellectual property, privacy, publicity, or other rights or that contains unlawful, fraudulent, defamatory, threatening, abusive, obscene, or malicious material.
We may moderate, refuse, edit, or remove user-submitted content when permitted by law and when we reasonably determine that doing so is appropriate.
You remain responsible for the accuracy and legality of content you submit.
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Information made available through the Services may occasionally contain typographical errors, inaccuracies, omissions, outdated information, or other mistakes relating to product descriptions, specifications, pricing, promotions, shipping charges, transit times, availability, or other information.
We reserve the right to correct errors, inaccuracies, or omissions and to update information at any time.
If an error materially affects an order you have already submitted, we may contact you regarding the correction or cancel and refund the affected portion of the order as permitted by applicable law.
SECTION 13 - PROHIBITED USES
You may use the Services only for lawful purposes.
You may not use the Services to:
-
Violate any applicable law or regulation.
-
Infringe the intellectual property or other rights of Clutch or another party.
-
Submit false, fraudulent, misleading, or deceptive information.
-
Impersonate another person or entity.
-
Harass, threaten, abuse, defame, or unlawfully harm another person.
-
Upload, distribute, or transmit viruses, malware, malicious code, or other harmful technology.
-
Attempt to gain unauthorized access to accounts, systems, networks, or data.
-
Interfere with the security, availability, operation, or integrity of the Services.
-
Collect or track personal information about others without authorization.
-
Use automated systems to scrape, crawl, harvest, extract, or reproduce substantial portions of the Services without authorization.
-
Send spam, phishing messages, fraudulent solicitations, or other unauthorized communications through the Services.
-
Circumvent access controls, security measures, purchasing limitations, or other restrictions.
-
Use the Services for any fraudulent, unlawful, abusive, or malicious purpose.
We may restrict or terminate access to the Services if we reasonably determine that these Terms have been violated.
SECTION 14 - TERMINATION
We may suspend or terminate your access to all or part of the Services when reasonably necessary, including because of a violation of these Terms, suspected fraud, misuse of the Services, security concerns, or legal requirements.
Termination does not affect rights, payment obligations, liabilities, or other provisions that accrued before termination.
Sections that by their nature should survive termination will remain in effect, including provisions relating to intellectual property, user content, disclaimers, limitations of liability, indemnification, governing law, and other continuing obligations.
SECTION 15 - DISCLAIMER OF WARRANTIES
Except for warranties expressly provided by Clutch, a product manufacturer, or applicable law, the Services are provided on an “as is” and “as available” basis.
We do not guarantee that the Services will always be uninterrupted, error-free, secure, or available.
Information provided through the Services is intended for general informational and commercial purposes. While we make reasonable efforts to maintain accurate information, we do not warrant that all information will always be complete, current, or error-free.
Any manufacturer warranty or product-specific warranty applicable to a purchased product is governed by the terms of that warranty.
Nothing in these Terms excludes or limits warranties, guarantees, or other rights that cannot lawfully be excluded or limited.
SECTION 16 - LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Clutch and its affiliates, employees, agents, contractors, service providers, licensors, and partners will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from or relating to your use of the Services or products purchased through the Services, including lost profits, lost revenue, lost data, or similar losses.
These limitations apply regardless of the legal theory asserted and even if the possibility of such damages was known or reasonably foreseeable.
Nothing in these Terms limits liability that cannot legally be limited or excluded.
Some jurisdictions do not allow certain exclusions or limitations of liability, so portions of this section may not apply to you.
SECTION 17 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless Clutch and its affiliates, employees, agents, contractors, licensors, and service providers from third-party claims, damages, liabilities, losses, and reasonable legal expenses arising from your material violation of these Terms, your violation of applicable law, or your infringement of another person's rights.
This obligation does not apply to claims resulting from our own unlawful conduct to the extent such liability cannot legally be shifted to you.
SECTION 18 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed to the minimum extent necessary.
The remaining provisions will remain in full force and effect.
SECTION 19 - WAIVER AND ENTIRE AGREEMENT
Our failure to exercise or enforce a right or provision under these Terms does not constitute a waiver of that right or provision.
These Terms, together with policies and other terms expressly incorporated by reference, constitute the agreement between you and Clutch regarding your use of the Services and supersede prior versions of these Terms relating to the same subject matter.
SECTION 20 - ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent where such consent is permitted to be required by law.
We may assign or transfer our rights and obligations under these Terms in connection with a merger, acquisition, reorganization, sale of assets, change of control, or other legitimate business transaction, subject to applicable law.
SECTION 21 - GOVERNING LAW
These Terms and your use of the Services will be governed by the laws of the State of New York, without regard to conflict-of-law principles, except where applicable law requires otherwise.
Any dispute not otherwise resolved between you and Clutch may be brought before a court of competent jurisdiction in the State of New York, subject to any rights or protections that applicable law provides to you.
SECTION 22 - CHANGES TO THESE TERMS
We may update these Terms from time to time to reflect changes to the Services, our business practices, legal requirements, or other operational needs.
The current version of these Terms will be posted on this page.
When required by applicable law, we will provide notice of material changes.
Changes become effective on the date stated in the updated Terms or as otherwise required by law.
Your continued use of the Services after updated Terms become effective constitutes acceptance of those Terms to the extent permitted by law.
SECTION 23 - CONTACT INFORMATION
Questions regarding these Terms of Service may be sent to: