Terms of service
Not There SPF — Terms of Service
Last updated: July 11, 2026
OVERVIEW
Welcome to Not There SPF! The terms "we," "us," and "our" refer to nottherespf, LLC. nottherespf, LLC operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). nottherespf, LLC is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy https://nottherespf.com/policies/privacy-policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
Not There SPF sunscreen products are over-the-counter (OTC) drug products regulated by the U.S. Food and Drug Administration (FDA). Our products are intended for external use only, as a sunscreen, and are not intended to diagnose, treat, cure, or prevent any disease or medical condition beyond their labeled sun protection claims.
We have made every effort to provide an accurate representation of our products in our online store. However, colors or product appearance may differ from how they appear on your screen due to your device type, settings, and configuration. We do not warrant that the appearance or quality of any products purchased by you will meet your expectations or be the same as depicted in our online store.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. nottherespf, LLC reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until nottherespf, LLC confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as nottherespf, LLC may be unable to accommodate cancellation requests after an order is accepted.
In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to refund solely in accordance with our Return Policy [INSERT RETURN POLICY LINK].
You represent and warrant 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 for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, or handling charges.
We may offer promotions on the Services from time to time that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You agree to promptly update your account information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by nottherespf, LLC, its affiliates or licensors and are protected by U.S. patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by nottherespf, LLC.
The Not There SPF name, logo, product and service names, designs, and slogans are trademarks of nottherespf, LLC or its affiliates or licensors. You must not use such marks without our prior written permission. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor have any control over. We provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use of such tools is entirely at your own risk.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to websites operated by third parties. We are not responsible for the content or accuracy of any third-party websites. If you access these sites, you do so at your own risk. We are not liable for any harm or damages related to your use of any third-party websites, products, or services.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
nottherespf, LLC is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with nottherespf, LLC. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and nottherespf, LLC, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with nottherespf, LLC.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy https://nottherespf.com/policies/privacy-policy. Certain personal information may also be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including for commercial use.
You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are under no obligation to maintain your Feedback in confidence, pay compensation for your Feedback, or respond to your Feedback.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, or other proprietary rights, and will not contain libelous, unlawful, abusive, or obscene material. You are solely responsible for any Feedback you submit and its accuracy.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any federal, state, or local regulations, rules, or laws; (c) to infringe upon our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, harm, defame, or intimidate any person; (e) to transmit false or misleading information; (f) to send unsolicited advertising or promotional material, including spam; (g) to impersonate or attempt to impersonate any other person or entity; or (h) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services.
In addition, you agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, or pretext the Services; (e) use any robot, spider, scraping tool, AI agent, or automated means to access the Services without our written consent; or (f) interfere with or circumvent the security features of the Services. We reserve the right to suspend or terminate your account at any time, without notice, for violations of these Terms.
SECTION 14 - AGENTS
14.1 This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless it identifies itself and operates in strict accordance with Section 14.4 below. No Agent may access the Services if we have requested that it refrain from doing so.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, or interacts with the Services.
14.4 Agents must: (i) identify that the request is from an Agent in all HTTP/HTTPS requests by including "Agent/[agent name]" in the user agent string; (ii) not conceal or obfuscate that any access or interactions are from an Agent; (iii) respond truthfully to any question seeking to determine if interactions are coming from a human or a computer; and (iv) not circumvent any measure intended to block or limit Agent access.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Governing Law, Privacy Policy, and any provisions that by their nature should survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, 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 THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU IN FULL.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL NOTTHERESPF, LLC, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless nottherespf, LLC, 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, due to or arising out of (1) your breach of these Terms of Service; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim. We may control the defense and settlement of such claim at your expense but will not settle any claim requiring non-monetary obligations from you without your consent.
SECTION 19 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such a determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements, communications, and proposals between you and us.
SECTION 21 - 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 will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 22 - GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. You and nottherespf, LLC consent to venue and personal jurisdiction in the state and federal courts located in Travis County, Texas.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes in accordance with applicable law. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at:
Not There SPF / nottherespf, LLC hello@nottherespf.com 5900 Balcones Dr, Austin TX 78731, United States ☎ 512-641-8378 Texas SOS File No: 806542421