Terms of service

OVERVIEW

The Penguin Method, LLC operates this website. Throughout the site, the terms “we, us,” and “our” refer to The Penguin Method, LLC. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink (e.g., Privacy Policy, Returns Policy, Shipping Terms). These Terms apply to all users of the site, including, without limitation, browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you disagree, you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to the current store shall also be subject to these Terms. You can review the most current version at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. For material changes (e.g., affecting your rights or obligations), we will notify you via email (if provided) or a prominent site banner at least 30 days in advance. Your continued use after such changes constitutes acceptance. Our store is hosted on Shopify Inc., which provides the online e-commerce platform for our products and services.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit worms, viruses, or destructive code. A breach or violation may result in immediate termination of your Services, with notice provided where feasible.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service for reasons such as suspected fraud, policy violations, or legal requirements, and will explain the basis for the refusal. You may appeal refusals via email to happy@penguin-method.com.

You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over networks; and (b) adaptations for technical requirements. Credit card information is always encrypted during transfer.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission. Headings are for convenience only and do not affect interpretation.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible for any inaccuracies, incompleteness, or outdatedness in the information on the site. Material is for general information and should not be solely relied upon without consulting more accurate sources. Reliance is at your own risk. Historical data is provided for reference only. We reserve the right to modify the site's contents, but have no obligation to update them unless required by law. You agree to monitor changes.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices are subject to change without notice. We reserve the right to modify or discontinue the Service (or parts thereof) without notice, but will provide reasonable notice for material disruptions affecting existing orders. We shall not be liable for modifications, price changes, suspensions, or discontinuities, except for refunds on undelivered prepaid items per our Returns Policy.

SECTION 5 - PRODUCTS OR SERVICES

Certain products (e.g., wellness devices such as the TMS Device) are available exclusively online and are subject to our Returns Policy and Shipping Terms. These may have limited quantities.

We strive to display colors and images accurately, but we cannot guarantee the accuracy of your device's display.

We reserve the right to limit sales to persons, regions, or jurisdictions on a case-by-case basis (e.g., for regulatory compliance). We may limit quantities and discontinue products at our discretion, with notice for affected orders. Product descriptions and pricing may change without notice.

Product Disclaimers (Wellness Items): Products such as the TMS Device are for general wellness purposes only, comply with FDA guidelines for low-risk devices, and are not intended to diagnose, treat, or prevent medical conditions. Consult a healthcare professional before use. We do not warrant efficacy or safety for specific purposes.

We do not warrant that products or services will meet your expectations, but errors in the Service will be corrected where feasible, per our Returns Policy.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse orders suspected of fraud or violations, with notice and an opportunity to appeal. We may limit quantities per person/household/order. If we change or cancel an order, we will notify you via the contact information provided. You agree to provide accurate account and purchase information and update it promptly. Review our Returns Policy for details.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools "as is" without warranties or endorsement. Use is at your own risk; familiarize yourself with third-party terms. We have no liability for such tools. New features shall be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

Third-party materials via our Service are not our responsibility. We are not liable for harm from third-party transactions. Review third-party policies before engaging—direct complaints to third parties.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If you submit comments (e.g., reviews, ideas), you grant us a non-exclusive, royalty-free license to use, edit, and distribute them without restriction, while retaining your ownership. We have no obligation to maintain confidentiality, compensate, or respond.

We may monitor, edit, or remove objectionable content, but we are not obligated to. Your comments must not violate third-party rights or contain unlawful material. You are responsible for the accuracy of your comments; we assume no liability.

SECTION 10 - PERSONAL INFORMATION

Our Privacy Policy governs your personal information submission.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

We reserve the right to correct errors (e.g., in descriptions or pricing) without notice, including after order submission, and to offer options for cancellation or adjustment. We have no obligation to update information except as legally required.

SECTION 12 - PROHIBITED USES

You are prohibited from using the site for: (a) unlawful purposes; (b) soliciting unlawful acts; (c) violating laws or regulations; (d) infringing IP rights; (e) harassment or discrimination; (f) false information; (g) malicious code; (h) unauthorized data collection; (i) spam or phishing; (j) obscene purposes; or (k) security interference. Violations may result in termination, subject to notice and appeal.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee uninterrupted, secure, or error-free service. Results from use may not be accurate. We may remove or cancel services without notice. Use is at your sole risk.

Services and products are provided "as is" without warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement, except as stated in our Returns Policy.

In no case shall we, our affiliates, or personnel be liable for indirect, incidental, punitive, or consequential damages, including lost profits or data, arising from use, even if advised of the possibility. Liability is limited to the purchase price paid, except for gross negligence or willful misconduct. Some jurisdictions do not permit such limitations; therefore, they apply to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify and hold us harmless from third-party claims arising from your willful breach of these Terms, violation of law, or infringement of rights, including reasonable attorneys' fees. This does not apply to our gross negligence.

SECTION 15 - SEVERABILITY

If any provision is unlawful or unenforceable, it shall be enforced to the fullest extent permitted, and the remainder remains valid.

SECTION 16 - TERMINATION

Prior obligations survive termination. These Terms are practical until terminated by you (via notice) or us (for breaches, with notice). You remain liable for amounts due.

SECTION 17 - ENTIRE AGREEMENT

Failure to enforce a right is not a waiver. These Terms, together with the referenced policies, constitute the entire agreement and supersede all prior agreements. Ambiguities are not construed against the drafter.

SECTION 18 - GOVERNING LAW AND DISPUTE RESOLUTION

These Terms are governed by Wyoming law, without conflict-of-laws principles. Any disputes shall be resolved through binding arbitration in Wyoming under American Arbitration Association (AAA) rules, with costs shared. You may elect to proceed in small claims court instead. Class actions are waived. Foreign laws (e.g., EU directives) may also apply to international users.

SECTION 19 - CHANGES TO TERMS OF SERVICE

Review the current version here. We may update at our discretion, with notices as described in the Overview.

SECTION 20 - CONTACT INFORMATION

Questions should be sent to happy@penguin-method.com.