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TERMS OF USE

Last updated: 11/28/2025

Agreement to Terms

These Terms of Use (“Terms”) are a legally binding agreement between you (“you”) and ShellMiddy Inc. (“ShellMiddy,” “we,” “us,” or “our”) governing your access to and use of shellmiddy.com and any related media, mobile sites, or services (collectively, the “Site”). By accessing or using the Site, you agree to these Terms. If you do not agree, you must not use the Site.

 The Site is intended for individuals at least 13 years old. Minors must use the Site only with the consent and direct supervision of a parent or legal guardian.

 Territorial Use

The Site is operated from the United States and is primarily intended for customers in the countries we currently ship to. We are not actively targeting or offering sales to residents of the European Union, the United Kingdom, or the European Economic Area, and our Site is not designed to meet EU/UK GDPR representative requirements. Anyone who chooses to access the Site from other locations does so on their own initiative and is responsible for complying with local laws.

 Intellectual Property

All content on the Site, including designs, text, graphics, logos, photos, videos, and code (the “Content”), along with our trademarks and logos (the “Marks”), are owned by or licensed to ShellMiddy and are protected by applicable intellectual‑property and unfair‑competition laws.

 You may access and use the Site and download or print limited copies of Content for your personal, non‑commercial use only. Any other use (including copying, modifying, distributing, or exploiting Content or Marks) requires our prior written permission.

 User Accounts

You may need to create an account to use certain features. You agree to: (a) provide accurate, current information; (b) keep your login details confidential; and (c) be responsible for all activity under your account. We may refuse, change, or reclaim usernames that we consider inappropriate.

 If you provide false or misleading information or violate these Terms, we may suspend or terminate your account and refuse future access to the Site.

 Prohibited Activities

You agree not to:

 

• Use the Site for unlawful, fraudulent, or unauthorized purposes.

• Copy, scrape, or systematically collect Site data without written permission.

• Interfere with Site security or functionality, including attempting to bypass any protective measures.

• Upload malware, spam, or content that disrupts the Site or harms others.

• Impersonate another person, sell or transfer your profile, or use automated bots or scripts to access the Site.

• Use the Site to harass, abuse, or harm others, or to compete with us in a misleading way.

We may monitor and enforce these rules at our discretion and may take action, including removing content, limiting access, or terminating accounts.

 User Content and Reviews

If you submit reviews, comments, photos, or other content (“Contributions”), you grant ShellMiddy a non‑exclusive, worldwide, royalty‑free license to use, display, reproduce, and distribute those Contributions in connection with the Site and our business (for example, on product pages or in marketing). You remain the owner of your Contributions.

 You agree that your Contributions will be honest, lawful, and respectful, will not infringe others’ rights, and will not be misleading, hateful, or obscene. We may edit, refuse, or remove Contributions at any time, but we do not have an obligation to monitor them.

 Third‑Party Services and Links

The Site may link to or integrate with third‑party websites, apps, payment processors, social networks, or other services we do not control. We are not responsible for any third‑party content, policies, products, or services, and your use of them is at your own risk and subject to their terms and privacy policies.

 Purchases, Pricing, and Availability

All prices, promotions, and product information on the Site are subject to change without notice. We reserve the right to:

 

• Limit or refuse any order;

• Correct errors or inaccuracies (including pricing or availability) even after you submit an order;

• Change or discontinue products or services.

Your order is an offer to purchase; we accept it when we charge your payment method and send you a confirmation email. Shipping, taxes, and delivery times depend on your location and chosen method.

 Returns and refunds are governed by our separate Refund/Return Policy, which is incorporated into these Terms by reference.

Privacy

Your use of the Site is also governed by our Privacy Policy, available at https://shellmiddy.com/policies/privacy-policy. By using the Site, you agree that we may collect and use information as described in that Policy. The Site is hosted in the United States; by using the Site, you understand that your information will be processed in the U.S. and other locations where our service providers operate.

 SMS and Email Communications

If you provide your email address or mobile number and opt in to receive marketing emails or SMS/text messages, you consent to receive those communications. Standard message and data rates may apply for SMS. You can opt out at any time by using the unsubscribe link in emails, replying STOP to SMS (where supported), or contacting us.

  We send transactional messages (such as order confirmations and shipping updates) as part of processing your orders; these are not marketing and may still be sent even if you opt out of promotional messages.

 Disclaimers

The Site, its Content, and all products and services made available through it are provided “as is” and “as available,” without warranties of any kind, except where required by law. To the fullest extent permitted, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non‑infringement, and we do not guarantee that the Site will be error‑free, secure, or continuously available.

 Limitations of Liability

To the fullest extent permitted by law, ShellMiddy and its directors, employees, and agents will not be liable for indirect, incidental, consequential, special, or punitive damages arising out of or related to your use of the Site, including lost profits, data, or business opportunities.

 Our total liability to you for any claim arising from or relating to the Site or these Terms will not exceed the greater of: (a) the amount you paid to us for the order giving rise to the claim, or (b) one hundred U.S. dollars (US $100). Some jurisdictions do not allow limitations on certain damages, so parts of this section may not apply to you.

 Indemnification

You agree to indemnify and hold harmless ShellMiddy, its affiliates, and their officers, employees, and agents from any claims, losses, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to your: (a) use of the Site; (b) violation of these Terms; or (c) violation of any rights of another person or entity.

 Governing Law and Dispute Resolution

These Terms and your use of the Site are governed by the laws of the State of Florida, without regard to conflict‑of‑law principles.

 Before starting any formal dispute, you agree to contact us and attempt to resolve the issue informally for at least 30 days. If we cannot resolve it informally, disputes will be resolved by binding arbitration or, where required or allowed by law, in the state or federal courts located in Hillsborough County, Florida, as described in your existing arbitration and venue language. You waive any right to participate in class or representative actions to the maximum extent permitted by law.

 Termination

We may suspend or terminate your access to the Site or your account at any time, with or without notice, if we believe you have breached these Terms or for any other reason we consider appropriate. After termination, sections that by nature should survive (including intellectual property, disclaimers, limitations of liability, and dispute provisions) will remain in effect.

 Electronic Communications

By visiting the Site, creating an account, or placing an order, you agree that we may communicate with you electronically (for example, by email, on‑site notices, or SMS where you have opted in) and that such communications satisfy any legal requirements that communications be in writing.

 Miscellaneous

These Terms, together with any other policies or terms we link to from the Site (such as our Privacy Policy and Refund Policy), form the entire agreement between you and ShellMiddy regarding the Site. If any part of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force. Our failure to enforce any right or provision is not a waiver of that right or provision.

 Contact Us

If you have questions about these Terms or need to contact us regarding the Site, you can reach us at:

ShellMiddy Inc.
P.O. Box 340921
Tampa, FL 33694
United States
customerservice@shellmiddy.com