Legal - Terms of Use

These Terms of Use (the “Terms”) are an agreement between you and IMM LLC, doing business as IMMACULATE (“IMMACULATE”, “we”, “us”), a limited liability company in Seattle, Washington, United States. They govern your access to and use of immaculate.dev and every page, form, feed, and file served from it (the “Site”).

By accessing or using the Site, you accept these Terms and our Privacy Policy. If you do not accept them, do not use the Site.

If you use the Site for a company or other organization, you confirm that you have the authority to bind that organization to these Terms, and “you” means both you and that organization.

We update these Terms from time to time. When we do, we change the date at the top of this page, and the updated version applies to use of the Site after it is posted. If a change is material, we will say so here.

Using the Site after an update means you accept the revised Terms. If you do not accept them, stop using the Site.

The Site is the marketing and publishing site for a Shopify development agency. It describes our services, our team, and our work, and it publishes technical writing about Shopify and ecommerce.

Nothing on the Site is an offer capable of acceptance, a quote, a commitment to take on work, or a promise of availability, pricing, or results. Submitting a form starts a conversation. It does not create a contract or a client relationship.

Our articles, guides, and code samples are general information. They are not legal, tax, accounting, financial, or other professional advice, and they are not written for your systems or your business. Test anything you take from them before you run it in production.

If we perform services for you, those services are governed by a signed Work Order and our Master Services Agreement, not by these Terms.

Where these Terms conflict with an agreement you have signed with us, the signed agreement controls for the subject matter it covers. These Terms continue to govern your use of the Site.

The Site is meant for business use by people who are at least 18 years old and able to enter into a binding contract. It is not directed at children, and we do not knowingly collect information from anyone under 16.

Do not use the Site if the laws of the United States or of the place you are in prohibit you from doing so, or if we have previously suspended your access.

You may read the Site, share what we publish, and contact us through the forms we provide. You agree not to:

• /Use the Site for an unlawful purpose, or in violation of any applicable law, regulation, or export control.
• /Probe, scan, or test the vulnerability of the Site or any related system, or breach or circumvent any security, rate limit, or authentication measure.
• /Access the Site by automated means at a rate that degrades it for anyone else, or in a way that ignores our robots.txt.
• /Introduce malware, or interfere with the Site or the servers and networks that carry it, including by denial of service.
• /Copy or republish our content in bulk, except as allowed under “Our content” below or by our robots.txt and llms.txt.
• /Submit false, misleading, or impersonating information through a form, or send us anything you do not have the right to send.
• /Use the Site to send spam or chain messages, or to harvest email addresses or other personal information.
• /Frame or mirror the Site, or present it in a way that implies an affiliation, sponsorship, or endorsement that does not exist.
• /Remove, obscure, or alter any copyright, trademark, or other proprietary notice.

We may investigate suspected misuse, and we may report activity we believe to be unlawful to law enforcement and cooperate with any resulting investigation.

The Site has a contact form, a request for proposal form, and a newsletter signup. What you send through them is handled as described in our Privacy Policy.

You are responsible for the accuracy of what you submit and for having the right to send it. Do not send us anything through the Site that is confidential, covered by a non-disclosure agreement, or regulated as sensitive personal information. The forms deliver by ordinary email and are not a secure channel. If you need to share something confidential, say so and we will arrange a way to do it properly.

If you send us feedback, suggestions, or ideas about the Site or our services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose, with no obligation or payment to you. This does not apply to anything covered by a signed agreement between us.

When you contact us or subscribe to our newsletter, you agree that we may reply by email, and that notices, agreements, and disclosures we provide electronically satisfy any requirement that they be in writing.

Newsletter emails are marketing messages. Every one carries an unsubscribe link, and unsubscribing stops future mailings. We will still answer enquiries you send us, and we may send messages about a specific enquiry or project regardless of your marketing preference.

Our Privacy Policy explains what the Site collects, which providers are involved, and how to change your cookie choice. It is part of these Terms.

Read the Privacy Policy

Analytics and customer relationship cookies run only after you accept them. Declining is a supported path, and the Site works without them.

The Site and what is on it, including text, articles, images, graphics, layout, design, and the code that runs it, is owned by IMMACULATE or its licensors and is protected by copyright, trademark, and other laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access the Site and to view, download, and print its content for your own reference or internal business use. You may quote or excerpt our articles with attribution and a link to the original. Anything beyond that, including republishing an article in full, selling our content, or presenting it as your own, needs our written permission.

Code samples in our articles are an exception. You may copy, modify, and use them in your own projects, commercially or otherwise, with no attribution required. They are provided as is, with no warranty of any kind, and you are responsible for testing them before you use them.

IMMACULATE, the IMMACULATE logo, and our other marks are trademarks of IMM LLC. Shopify, Shopify Plus, and other third-party names and logos on the Site belong to their respective owners. They appear here to identify platforms we work with, and they do not imply endorsement by those owners.

The Site links to sites and services we do not control, including client stores, platform documentation, and social profiles. Links are for convenience and are not endorsements.

We are not responsible for the content, accuracy, availability, terms, or privacy practices of any third-party site or service. Your use of one is between you and its operator.

The Site itself depends on third-party providers for hosting, analytics, form delivery, and email. An outage or a change at one of them can affect the Site, and we are not liable for their acts or omissions.

We do not promise that the Site will be available, uninterrupted, error-free, or secure. We may change, suspend, or discontinue any part of it, including any content or feature, at any time and without notice.

We may correct errors, inaccuracies, and omissions in the content at any time. Content on the Site, including case studies, technical writing, and any indication of pricing or timelines, can go out of date, and we are not obliged to update it.

We may suspend or end your access to the Site at any time, without notice, if we believe you have breached these Terms or that your use puts the Site or anyone else at risk. That includes blocking traffic by network or by automated client.

The parts of these Terms that should survive by their nature do survive, including “Our content”, “What you send us”, “Disclaimer of warranties”, “Limitation of liability”, “Indemnification”, “Governing law”, and “Disputes”.

The Site and all content on it are provided “as is” and “as available”, without warranties of any kind, express, implied, statutory, or otherwise. To the maximum extent permitted by applicable law, IMMACULATE disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty arising from a course of dealing or usage of trade.

We do not warrant that the Site will meet your requirements, that access will be uninterrupted or secure, that defects will be corrected, or that the Site and the servers that serve it are free of malware. We do not warrant that any content, including technical writing and code samples, is accurate, complete, current, or suitable for your systems.

Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you. Where that is the case, the exclusions apply to the maximum extent the law allows.

To the maximum extent permitted by applicable law, IMMACULATE and its members, officers, employees, contractors, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, loss of goodwill, or business interruption, arising out of or related to your use of or inability to use the Site, on any legal theory, including contract, tort, negligence, and strict liability, and even if we were advised that those damages were possible.

Our total liability for all claims arising out of or related to the Site and these Terms will not exceed one hundred United States dollars (US$100). If you are a client, this limit is separate from the limitation of liability in your signed agreement with us, which governs claims about our services.

No action arising out of or in connection with the Site or these Terms may be brought more than one (1) year after the event giving rise to it.

The Site is provided free of charge, and these limits are part of how we are able to publish it. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so parts of this section may not apply to you.

You agree to indemnify, defend, and hold harmless IMMACULATE and its members, officers, employees, contractors, and agents from and against any claims, demands, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to your use of the Site, your breach of these Terms, your violation of applicable law, or your violation of the rights of a third party.

We may take exclusive control of the defense and settlement of any matter you are indemnifying, at your expense, and you agree to cooperate with that defense. You will not settle any such matter in a way that imposes an obligation on us without our prior written consent.

These Terms, and any dispute arising out of them or out of the Site, are governed by the laws of the State of Washington, without regard to its conflict of laws principles and without regard to the United Nations Convention on Contracts for the International Sale of Goods.

You and IMMACULATE consent to the exclusive jurisdiction of the state and federal courts in King County, Washington, and waive any objection to venue there. If you use the Site from outside the United States, you do so on your own initiative and are responsible for complying with local law.

If you have a problem, contact us first. Most things can be settled that way, and we ask that you give us 30 days from written notice to try before starting a formal proceeding. Your notice should describe the issue and the resolution you want.

Either party may ask a court of competent jurisdiction for injunctive or other equitable relief at any time to protect its intellectual property or confidential information, without waiting for that process.

In any action arising out of these Terms, the prevailing party is entitled to recover its reasonable costs and attorneys’ fees.

If you believe content on the Site infringes your copyright, send us a written notice that includes:

• /Your name, address, telephone number, and email address.
• /Identification of the copyrighted work you claim has been infringed.
• /Identification of the material you say is infringing, and where it is on the Site.
• /A statement that you have a good faith belief the use is not authorized by the copyright owner, its agent, or the law.
• /A statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or are authorized to act for the owner.
• /Your physical or electronic signature.

Send notices to IMM LLC, 2604 Western Ave, Seattle, WA 98121, United States, or through the contact form. We act on valid notices, including by removing the material. A notice that misrepresents infringement can carry liability under 17 U.S.C. § 512(f).

These Terms, together with the Privacy Policy and any notices posted on the Site, are the entire agreement between you and IMMACULATE about the Site, and they replace any earlier understanding on that subject. They do not replace a signed agreement between us for services.

If a provision is held unenforceable, it will be limited or removed to the minimum extent necessary and the rest of these Terms stay in effect. Our failure to enforce a provision is not a waiver of it, and a waiver counts only if we put it in writing. Section headings are for convenience and do not affect interpretation.

You may not assign or transfer these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. These Terms bind and benefit each party and its permitted successors.

We are not liable for any failure or delay caused by events outside our reasonable control, including network and hosting failures, acts of a third-party provider, natural events, and government action. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship, or gives a third party the right to enforce them.

Questions about these Terms go through the same place as everything else:

Contact IMMACULATE

IMM LLC, doing business as IMMACULATE, 2604 Western Ave, Seattle, WA 98121, United States.