Terms of service

Terms of Service — CobraGuard

OVERVIEW

Welcome to CobraGuard. "We," "us," and "our" refer to CobraGuard, operated by Muchacho Venture LLC. CobraGuard operates this store and website, including all related content, features, and services (the "Services"), powered by Shopify.

These Terms of Service ("Terms"), together with our Return Policy and Privacy Policy, govern your use of the Services. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

SECTION 1 — ACCESS AND ACCOUNT

By using the Services, you represent that you are at least the age of majority in your jurisdiction of residence, and that any minors using the Services on your devices do so with your consent and supervision.

CobraGuard products are designed and marketed for adult use in outdoor/field environments. They are not designed, sized, or tested for use by minors.

To use the Services, you may be asked to provide information such as your email address, billing, payment, and shipping information. You represent that all information you provide is correct, current, and complete, and that you have all rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 — OUR PRODUCTS

We make every effort to accurately represent our products. Colors, materials, and appearance may vary slightly from screen depictions due to device settings.

CobraGuard products are personal protective equipment intended to reduce — not eliminate — risk from snake bites, thorns, cactus spines, and abrasive terrain during outdoor activity. They are not medical devices, are not certified against any specific bite-force or puncture-resistance standard unless explicitly stated on the product page, and do not guarantee prevention of injury in all circumstances. Product effectiveness depends on correct sizing, proper wear, terrain, animal species, and use consistent with the product's intended purpose.

Product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region, or jurisdiction.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. CobraGuard reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until CobraGuard confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as CobraGuard may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the email, billing address, or phone number provided at the time of order.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 — PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed, as set out in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs, or import charges.

Prices in our online store may differ from prices offered elsewhere. Promotions are governed by their own terms; if there's a conflict with these Terms, the promotion terms govern.

You agree to provide current, complete, and accurate purchase, payment, and account information, and to promptly update it as needed. You represent that (i) the payment information you provide is true, correct, and complete, (ii) you are authorized to use the payment method provided, (iii) charges incurred will be honored by your payment provider, and (iv) you will pay all charges at posted prices, including shipping and applicable taxes.

SECTION 5 — SHIPPING AND DELIVERY

We are not liable for shipping or delivery delays. Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Because products may ship internationally, the customer is responsible for any customs duties, import taxes, or brokerage fees assessed by their country upon arrival, unless otherwise stated at checkout. Once we transfer products to the carrier, risk of loss passes to you, without prejudice to any mandatory carrier-risk rules applicable in your jurisdiction.

SECTION 6 — INTELLECTUAL PROPERTY

Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and their design, selection, and arrangement, are owned by CobraGuard, its affiliates, or licensors, and are protected by U.S. and foreign copyright and other intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent. Nothing in these Terms grants any license or right to you under any patent, trademark, copyright, or other intellectual property of CobraGuard, Shopify, or any third party. Unauthorized use may violate federal and state intellectual property laws. All rights not expressly granted are reserved by CobraGuard.

CobraGuard's names, logos, product and service names, designs, and slogans are trademarks of CobraGuard. You must not use these trademarks without our prior written permission. Shopify's name, logo, and related marks are trademarks of Shopify. All other names, logos, and marks on the Services belong to their respective owners.

SECTION 7 — OPTIONAL TOOLS

You may be given access to third-party tools as part of the Services, which we neither monitor nor control. We provide access to such tools "as is" and "as available," without any warranties or endorsement, and have no liability arising from your use of them. Use of optional third-party tools is entirely at your own risk. New features we release in the future are also part of the Services and subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain links to third-party websites. We are not responsible for evaluating the content or accuracy of third-party materials, and we are not liable for any harm related to your access of third-party sites or your transactions with them. Direct any complaints about third-party products or services to the third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

CobraGuard is powered by Shopify, which enables us to provide the Services to you. Any sales and purchases you make in our store are made directly with CobraGuard. By using the Services, you acknowledge that Shopify is not responsible for any aspect of any sale between you and CobraGuard, including any injury, damage, or loss resulting from purchased products. You release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with CobraGuard.

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 information about your access to and use of the Services. Information you submit will be shared with Shopify and third parties that may be located in other countries than where you reside, in order to provide the Services to you.

SECTION 11 — FEEDBACK

If you submit any ideas, suggestions, feedback, reviews, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display it for any purpose, including commercial use. We have no obligation to keep Feedback confidential, compensate you for it, or respond to it, and may remove Feedback we determine to be unlawful, offensive, or otherwise objectionable.

You represent that (i) you own or have rights to all Feedback you submit, (ii) you've disclosed any compensation received in connection with it, and (iii) it complies with these Terms. You agree not to submit Feedback that violates any third party's rights, is unlawful or obscene, contains malware, or misrepresents your identity. You are solely responsible for your Feedback and its accuracy.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

The Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct these and to change, update, or cancel orders based on inaccurate information at any time, without prior notice, including after an order has been submitted.

SECTION 13 — PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not use the Services to: violate any law or regulation; infringe our intellectual property or that of others; harass, defame, or harm any person; transmit false or misleading information; send spam or unsolicited promotional material; impersonate any person or entity; or engage in conduct that restricts others' use of the Services or exposes us to liability.

You also agree not to: upload viruses or malicious code; reproduce, duplicate, or exploit any portion of the Services; collect or track others' personal information; use bots, scrapers, AI agents, or automated means to access the Services without authorization; or bypass or interfere with any security or access-control measures. We may suspend, disable, or terminate your account at any time, without notice, if we determine you've violated these Terms.

SECTION 14 — AGENTS

This section applies if you deploy any autonomous or semi-autonomous software ("Agent") to access or interact with the Services. Any such Agent must, at all times: identify itself as an Agent in its HTTP/HTTPS user-agent string; not conceal that it is an Agent or attempt to mimic human behavior or bypass CAPTCHAs; respond truthfully to any prompt asking whether it is human or automated; and not circumvent any measure intended to control Agent access. We may limit, by technical or other means, whether and how any Agent accesses the Services.

SECTION 15 — TERMINATION

We may terminate this agreement or your access to the Services, in whole or in part, at our sole discretion and without notice. You remain liable for all amounts due up to the date of termination. The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Assumption of Risk and Product Use, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive.

SECTION 16 — DISCLAIMER OF WARRANTIES

The information on the Services is provided for general informational purposes only. We do not warrant its accuracy, completeness, or usefulness, and any reliance on it is at your own risk.

Except as expressly stated by CobraGuard, the Services and all products offered through them are provided "AS IS" and "AS AVAILABLE," without warranties or conditions of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow the disclaimer of implied warranties, so this disclaimer may not apply to you in full.

SECTION 17 — ASSUMPTION OF RISK AND PRODUCT USE

Outdoor activities involving exposure to wildlife, terrain, and vegetation carry inherent risk that no protective equipment can fully eliminate. CobraGuard products are designed to reduce the likelihood and severity of injury from snake bites, thorns, and similar hazards — they do not make such injury impossible.

You are solely responsible for selecting the correct size, inspecting the product before each use, and using it consistently with its intended purpose and any instructions provided. CobraGuard is not liable for injury, death, or damage resulting from: (i) product misuse, incorrect sizing, or failure to follow use instructions; (ii) modification or damage to the product after purchase; (iii) use beyond the product's stated purpose; or (iv) the inherent unpredictability of animal behavior or field conditions.

Nothing in this section limits liability that cannot be excluded under applicable law, including, in many jurisdictions, liability for death or personal injury caused by proven negligence or defective products. Where such mandatory liability exists, this section limits our liability to the maximum extent the law permits, and no further.

SECTION 18 — LIMITATION OF LIABILITY

To the fullest extent permitted by law, CobraGuard, its partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, and Shopify shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind — including lost profits, lost revenue, lost savings, loss of data, or replacement costs — arising from your use of the Services or any product, whether based in contract, tort (including negligence), strict liability, or otherwise, even if advised of the possibility of such damages. This limitation does not apply where prohibited by law, including limitations on liability for death, personal injury, or gross negligence in jurisdictions where such limitations are unenforceable.

SECTION 19 — INDEMNIFICATION

You agree to indemnify, defend, and hold harmless CobraGuard, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, arising out of (1) your breach of these Terms, (2) your violation of any law or third-party right, or (3) your access to and use of the Services. We will notify you of any indemnifiable claim; failure to promptly notify will not relieve your obligations unless you are materially prejudiced. We may control the defense and settlement of such a claim at your expense, but will not settle any claim requiring non-monetary obligations from you without your consent. You will cooperate in the defense of indemnified claims.

SECTION 20 — SEVERABILITY

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

SECTION 21 — WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision. These Terms, together with any policies posted by us, constitute the entire agreement between you and us regarding your use of the Services, superseding any prior agreements or communications. Ambiguities in these Terms will not be construed against the drafting party.

SECTION 22 — 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 such attempt is null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 23 — GOVERNING LAW

These Terms are governed by the laws of the State of New Mexico, USA, without regard to conflict-of-law principles, and you consent to the jurisdiction of the federal and state courts located there — except that, if you are a consumer resident in a jurisdiction with mandatory consumer-protection law (such as the EU, UK, or Australia), nothing in this section deprives you of the protections of the mandatory laws of your country of residence, where applicable.

SECTION 24 — HEADINGS

The headings used in this agreement are included for convenience only and do not limit or affect these Terms.

SECTION 25 — CHANGES TO TERMS OF SERVICE

We may update, change, or replace any part of these Terms at our sole discretion by posting updates to our website. It is your responsibility to check the website periodically for changes. Your continued use of the Services after changes are posted constitutes acceptance of those changes.

SECTION 26 — CONTACT INFORMATION

Questions about these Terms should be sent to info.driftpaw@gmail.com.

CobraGuard
Operated by Muchacho Venture LLC
info.driftpaw@gmail.com
Av. Los Carrera 1865, Concepción, Chile