Legal Notice

This Legal Notice and Disclaimer page contains important legal information regarding the operation of Curlspike and your use of our website at curlspike.com. By accessing and using our website, placing an order, or interacting with any of our services, you acknowledge that you have read, understood, and agreed to all information set out on this page.

This Legal Notice should be read in conjunction with our Privacy Policy, Terms of Service, Return & Refund Policy, Shipping Policy, and Payment Policy, all of which form part of the legal framework governing your relationship with Curlspike.

1. Business Information

2. Nature of Business

Curlspike is an eCommerce retail business operating under the laws of the State of Montana, United States, specialising in the sale of home and kitchen products including but not limited to:

• Kitchen appliances and accessories
• Cookware and bakeware
• Home organization and storage solutions
• Home textiles and soft furnishings
• Home decor and lifestyle accessories
• Kitchen tools and gadgets

We operate exclusively as an online retail store at curlspike.com, powered by Shopify, and sell directly to consumers across the United States, United Kingdom, Canada, Australia, Europe, and other select international markets.

3. Website Disclaimer

The information and content published on curlspike.com is provided for general informational and commercial purposes only.

While we make every reasonable effort to ensure that all information on our website is accurate, current, and complete at the time of publication, we make no representations or warranties of any kind — express or implied — regarding:

• The accuracy, completeness, reliability, or timeliness of any content on our Site
• The continuous, uninterrupted, or error-free availability of our website
• The fitness of our products for any specific purpose
• The results that may be obtained from using our website or purchasing our products
• The absence of viruses or other harmful components on our Site

Any reliance you place on information published on our website is entirely at your own risk.

We reserve the right to modify, update, suspend, or discontinue any part of our website at any time without prior notice or liability.

4. Product Disclaimer

4.1 Product Representations

• All product images displayed on curlspike.com are for illustrative purposes only
• Actual product colours, textures, dimensions, and finishes may vary slightly from those shown due to:
  • Differences in monitor displays, screen resolutions, and colour calibration
  • Photography lighting conditions
  • Natural variations in materials
• We make every reasonable effort to accurately represent our products but cannot guarantee that your screen's representation of colours or textures is fully accurate

4.2 Product Descriptions

• Product descriptions, specifications, and dimensions are written to be as accurate as possible
• We reserve the right to correct any errors, inaccuracies, or omissions in product listings at any time without prior notice
• We reserve the right to modify, discontinue, or update any product without notice

4.3 Product Safety

• All products sold on curlspike.com are intended for their described and designated purpose only
• Always read and follow all manufacturer instructions, warnings, and safety guidelines included with your product
• We are not liable for injuries, damages, or losses resulting from:
  • Misuse of products
  • Failure to follow manufacturer instructions
  • Use of products for unintended purposes
  • Modification of products after purchase

4.4 Product Suitability

• It is your responsibility to ensure any product you purchase is suitable for your intended use, compatible with your existing equipment, and compliant with any local regulations that may apply
• If you are unsure about a product's suitability, please contact us at support@curlspike.com before purchasing

5. Intellectual Property Rights

5.1 Ownership

All content on curlspike.com — including but not limited to:

• Brand name "Curlspike", logo, and all associated trademarks
• Product photographs, lifestyle images, and graphics
• Website design, layout, user interface, and source code
• Written content including product descriptions, blog articles, and marketing copy
• Videos, animations, icons, and other multimedia content

...is the exclusive intellectual property of CurlSpike or its licensed content providers and is protected under:

• The United States Copyright Act (17 U.S.C.)
• The Lanham Act (US Trademark Law)
• Digital Millennium Copyright Act (DMCA)
• Applicable international intellectual property treaties and conventions

5.2 Permitted Use

You may access and view our website content for personal, non-commercial purposes only. You may print or download a single copy of individual pages for your own reference.

5.3 Prohibited Uses

Without our prior explicit written permission, you may NOT:

• Copy, reproduce, duplicate, or distribute any content from our website
• Sell, resell, or commercially exploit any content from our website
• Modify, adapt, translate, or create derivative works based on our content
• Use our brand name, logo, or trademarks in any commercial context or to imply endorsement
• Frame or mirror our website on any other website or digital platform
• Use automated tools including bots, scrapers, or crawlers to extract data from our website
• Remove any copyright, trademark, or proprietary notices from our content
• Use our content in any way that could damage, disparage, or misrepresent our brand

Any unauthorized use of our intellectual property may result in:

• Immediate legal action including injunctions
• Claims for damages and/or account of profits
• Referral to relevant law enforcement authorities

5.4 DMCA Takedown Notice

If you believe any content on our website infringes your copyright, please send a DMCA takedown notice to support@curlspike.com containing:

• Identification of the copyrighted work claimed to have been infringed
• Identification of the infringing material and its location on our Site
• Your contact information
• A statement that you have a good faith belief that the use is not authorized
• A statement under penalty of perjury that the information in the notice is accurate

6. Third-Party Links & Content

Our website may contain hyperlinks to third-party websites, services, or resources that are not owned or controlled by Curlspike. These links are provided solely for your convenience and informational purposes.

We have no control over and accept no responsibility for:

• The content, accuracy, or availability of any third-party websites
• The privacy practices, terms of service, or security of third-party platforms
• Any products, services, or information offered by third parties
• Any loss or damage that may arise from your use of third-party websites

The inclusion of any hyperlink on our website does not imply:

• Our endorsement or approval of the linked website
• Any affiliation or partnership with the linked website's operators
• Any warranty regarding the accuracy or quality of third-party content

We strongly recommend that you review the privacy policy and terms of service of any third-party website you visit before providing any personal or financial information.

7. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CURLSPIKE PROVIDES OUR WEBSITE, PRODUCTS, AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability — that products are of satisfactory quality for ordinary purposes
• Warranties of fitness for a particular purpose — that products will meet your specific requirements
• Warranties of non-infringement — that our content does not infringe third-party rights
• Warranties of title — beyond those expressly provided
• Warranties of uninterrupted or error-free operation — of our website or services
• Warranties of freedom from viruses — or other harmful components

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU IN FULL. IN SUCH CASES, OUR WARRANTIES ARE LIMITED TO THE MINIMUM SCOPE PERMITTED BY APPLICABLE LAW.

8. Limitation of Liability

8.1 General Limitation

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CURLSPIKE, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SUPPLIERS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY:

• Direct damages beyond the value of the specific purchase giving rise to the claim
• Indirect or consequential damages — including but not limited to loss of profits, loss of revenue, loss of data, or loss of business opportunity
• Incidental or special damages — arising from your use of our website or products
• Punitive or exemplary damages — of any kind whatsoever
• Loss of goodwill or reputation — whether direct or indirect

8.2 Specific Exclusions

We are specifically not liable for:

• Delays in delivery caused by carriers, customs, or circumstances outside our control
• Damage to products occurring after delivery
• Losses resulting from your failure to follow product instructions or safety guidelines
• Losses resulting from unauthorized access to your account or payment information caused by your own negligence
• Business losses suffered by customers purchasing our products for commercial purposes

8.3 Cap on Liability

Our total aggregate liability to you for any and all claims arising from your use of our website or purchase of our products shall not exceed the total amount you paid for the specific order giving rise to the claim.

8.4 Consumer Rights Preserved

Nothing in this Limitation of Liability section shall:

• Limit or exclude liability for death or personal injury caused by our negligence
• Limit or exclude liability for fraud or fraudulent misrepresentation
• Limit or exclude any liability that cannot be excluded under applicable consumer protection law
• Affect your statutory rights as a consumer

9. Consumer Rights by Jurisdiction

United States Consumers

Your rights are protected under applicable federal and state consumer protection laws, including:

• Federal Trade Commission Act (FTC Act)
• Magnuson-Moss Warranty Act
• Consumer Product Safety Act
• Applicable state consumer protection statutes (including California Consumer Protection Laws, CCPA)

United Kingdom Consumers

Your statutory rights are protected under:

• Consumer Rights Act 2015
• Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
• Consumer Protection from Unfair Trading Regulations 2008
• Sale of Goods Act 1979 (as amended)

European Union Consumers

Your rights are protected under:

• EU Consumer Rights Directive (2011/83/EU)
• General Data Protection Regulation (GDPR)
• EU Unfair Commercial Practices Directive
• Applicable national consumer protection legislation

Canadian Consumers

Your rights are protected under:

• Consumer Protection Act (federal and provincial)
• Competition Act
• Applicable provincial consumer protection legislation

Australian Consumers

Your rights are protected under:

• Australian Consumer Law (ACL) — Schedule 2 of the Competition and Consumer Act 2010
• Our products come with guarantees that cannot be excluded under Australian Consumer Law

10. Governing Law & Jurisdiction

This Legal Notice and all matters arising from your use of curlspike.com shall be governed by and construed in accordance with the laws of the State of Montana, United States, without regard to its conflict of law provisions.

Dispute Resolution

• Informal Resolution First: We encourage all users to contact us at support@curlspike.com to resolve disputes informally before pursuing any formal legal proceedings
• Arbitration: US-based disputes that cannot be resolved informally may be subject to binding arbitration under the rules of the American Arbitration Association (AAA)
• Small Claims Court: Either party may bring qualifying claims in small claims court
• International Disputes: For customers outside the United States, disputes shall be governed by applicable local consumer protection laws in addition to these Terms

11. Indemnification

You agree to indemnify, defend, and hold harmless CurlSpike, its officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of this Legal Notice or our Terms of Service
• Your use of our website or purchase of our products
• Your violation of any applicable law, regulation, or third-party rights
• Any content, information, or data you submit to us
• Any fraudulent, false, or misleading information you provide
• Your negligent or wrongful conduct

12. Severability

If any provision of this Legal Notice is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable under applicable law, such provision shall be:

• Deemed severed from the remainder of this Legal Notice
• Modified to the minimum extent necessary to make it enforceable, if possible
• The remaining provisions shall continue in full force and effect and shall not be affected by the severance

13. Waiver

No failure or delay by Curlspike in exercising any right or remedy under this Legal Notice shall constitute a waiver of that right or remedy. No single or partial exercise of any right or remedy shall preclude the further exercise of that right or remedy or the exercise of any other right or remedy.

14. Entire Agreement

This Legal Notice, together with our:

• Privacy Policy
• Terms of Service
• Return & Refund Policy
• Shipping Policy
• Payment Policy
• Cookie Policy

...constitutes the entire legal agreement between you and Curlspike with respect to your use of our website and purchase of our products, and supersedes all prior agreements, representations, warranties, and understandings of any kind.

15. Changes to This Legal Notice

We reserve the right to update, amend, or modify this Legal Notice at any time without prior notice. Any changes will be:

• Posted on this page immediately upon update
• Identified by an updated "Last Updated" date at the top of this page
• Effective immediately upon posting

Your continued use of our website after any changes constitutes your acceptance of the revised Legal Notice. We encourage you to review this page periodically.

16. Complaints & Regulatory Bodies

If you are not satisfied with how we handle your complaint, you may contact the following regulatory bodies:

United States:

• Federal Trade Commission (FTC): www.ftc.gov
• Better Business Bureau (BBB): www.bbb.org
• Montana Department of Justice — Consumer Protection: dojmt.gov/consumer

United Kingdom:

• Citizens Advice: www.citizensadvice.org.uk
• Trading Standards: via your local council
• Financial Ombudsman Service (for payment disputes): www.financial-ombudsman.org.uk

European Union:

• European Consumer Centre Network (ECC-Net): www.ec.europa.eu/consumers/ecc
• Online Dispute Resolution Platform: ec.europa.eu/consumers/odr

Australia:

• Australian Competition & Consumer Commission (ACCC): www.accc.gov.au
• State Consumer Protection Agencies

Canada:

• Competition Bureau Canada: www.competitionbureau.gc.ca
• Office of Consumer Affairs: www.ic.gc.ca

Contact Us

For any legal enquiries, notices, or concerns:

• Business Name: Curlspike
• Address: 1001 S Main St Ste 700, Kalispell, MT 59901, United States
• Email: support@curlspike.com
• Phone: +1 330 828 6744
• Website: https://curlspike.com

Support Hours: Monday – Friday: 9:00 AM – 6:00 PM (MST).

For formal legal notices, please send correspondence to our business address above via certified mail.