Terms of service
**Last Updated: February 25, 2026**
Please read these Terms of Service ("Terms") carefully before using the Gadget Duke website and online store located at www.gadgetduke.com (the "Site"), operated by Gadget Duke LLC, a Texas limited liability company ("Gadget Duke," "we," "us," or "our"). By accessing or using the Site, placing an order, creating an account, or otherwise engaging with our services, you ("you," "your," or "Customer") agree to be bound by these Terms. If you do not agree to these Terms, do not use the Site.
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## 1. ELIGIBILITY
You must be at least 18 years of age or the age of majority in your jurisdiction, whichever is greater, to use this Site or place an order. By using the Site, you represent and warrant that you meet this requirement. If you are using the Site on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.
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## 2. CHANGES TO TERMS
We reserve the right to update or modify these Terms at any time without prior notice. Changes become effective immediately upon posting to the Site. Your continued use of the Site following any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically. The "Last Updated" date at the top of this page indicates when these Terms were last revised.
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## 3. PRODUCTS AND SERVICES
### 3.1 Product Descriptions
We strive to provide accurate product descriptions, images, and pricing on the Site. However, we do not warrant that product descriptions, images, pricing, or other content on the Site is accurate, complete, reliable, current, or error-free. Colors and appearance may vary depending on your display settings.
### 3.2 Product Safety and Intended Use
Gadget Duke products, including food containers and bottles, are designed and manufactured using food-safe materials. However, customers are responsible for using products in accordance with any care instructions, warnings, or guidelines provided with the product. Misuse of products, including use outside their intended purpose, use in extreme temperatures beyond stated limits, or failure to follow care instructions, is at your sole risk.
### 3.3 Pricing and Availability
All prices are listed in U.S. dollars unless otherwise indicated. We reserve the right to change prices, modify or discontinue products, and limit quantities at any time without prior notice. In the event of a pricing error, we reserve the right to cancel any orders placed at the incorrect price and will notify you of such cancellation.
### 3.4 Order Acceptance
Your receipt of an order confirmation does not constitute our acceptance of your order. We reserve the right to accept or decline your order for any reason, including but not limited to product availability, errors in product or pricing information, or issues identified during payment verification. If we cancel an order after your payment has been processed, we will issue a full refund.
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## 4. PAYMENT
We accept payment methods as displayed at checkout, which are processed through Shopify Payments and/or third-party payment processors. By submitting payment information, you represent and warrant that the information is accurate and that you are authorized to use the payment method. You agree to pay all charges incurred at the prices in effect when the charges are incurred, including all applicable taxes, shipping fees, and handling charges.
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## 5. SHIPPING AND DELIVERY
Shipping and delivery terms, including estimated timelines, are provided at checkout and in our Shipping Policy. Delivery dates are estimates only and are not guaranteed. Risk of loss and title for items purchased pass to you upon delivery to the carrier. We are not responsible for delays caused by carriers, customs, weather, or other circumstances beyond our reasonable control.
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## 6. RETURNS AND REFUNDS
Returns and refunds are governed by our Return Policy, which is incorporated herein by reference. Please review our Return Policy for complete details on eligibility, timeframes, and procedures.
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## 7. USER ACCOUNTS
### 7.1 Account Creation
You may be required or invited to create an account to access certain features of the Site. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
### 7.2 Account Accuracy
You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
### 7.3 Account Termination
We reserve the right to suspend or terminate your account at our sole discretion, without prior notice, for any reason, including but not limited to breach of these Terms, suspected fraudulent activity, or abusive behavior.
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## 8. INTELLECTUAL PROPERTY
### 8.1 Ownership
All content on the Site, including but not limited to text, graphics, logos, images, product designs, photographs, video, audio, software, and the compilation thereof (collectively, "Content"), is the property of Gadget Duke or its licensors and is protected by United States and international intellectual property laws, including copyright, trademark, and patent laws.
### 8.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes. This license does not include the right to: (a) modify or copy the Content; (b) use the Content for any commercial purpose or public display; (c) attempt to decompile or reverse engineer any software contained on the Site; (d) remove any copyright or proprietary notations from the Content; or (e) transfer the Content to another person or "mirror" the Content on any other server.
### 8.3 Trademarks
"Gadget Duke" and all related names, logos, product and service names, designs, and slogans are trademarks of Gadget Duke LLC or its affiliates. You may not use such marks without our prior written permission.
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## 9. USER CONTENT AND COMMUNICATIONS
### 9.1 User Submissions
By submitting any content to the Site, including but not limited to reviews, comments, photos, feedback, or suggestions ("User Content"), you grant Gadget Duke a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works from such User Content in any media format.
### 9.2 Representations
You represent and warrant that you own or have the necessary rights to submit User Content, that it does not violate the rights of any third party, and that it does not contain unlawful, defamatory, obscene, or otherwise objectionable material.
### 9.3 Communications
By providing your email address, phone number, or other contact information, you consent to receiving communications from us, including transactional emails, order updates, and, where you have opted in, marketing communications. You may opt out of marketing communications at any time by following the unsubscribe instructions in any marketing email or by contacting us directly.
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## 10. PRIVACY AND DATA PROTECTION
### 10.1 Privacy Policy
Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated herein by reference. By using the Site, you consent to our data practices as described in the Privacy Policy.
### 10.2 Third-Party Data Sharing — Shopify and Third-Party Applications
Our Site operates on the Shopify platform and utilizes various third-party applications and services to operate, improve, and market our business. By using the Site, you acknowledge and agree that your personal data, including but not limited to your name, email address, shipping address, browsing behavior, purchase history, and device information, may be collected, processed, and shared with the following categories of third parties:
**(a) Shopify Inc.** — as our ecommerce platform provider, Shopify processes your order, payment, and account data in accordance with Shopify's own privacy policy.
**(b) Analytics and Tracking Providers** — including but not limited to Google Analytics, Meta (Facebook) Pixel, and similar services that collect data about your browsing behavior, device information, and interactions with the Site for the purpose of website analytics, advertising measurement, and targeted advertising.
**(c) Email and SMS Marketing Providers** — including but not limited to services such as Klaviyo or similar platforms that process your email address, phone number, purchase history, and engagement data for the purpose of sending marketing communications you have opted into.
**(d) Review and User-Generated Content Platforms** — including but not limited to services such as Judge.me or similar platforms that collect your name, email, purchase information, and review content for the purpose of soliciting and displaying product reviews.
**(e) Payment Processors** — including Shopify Payments, PayPal, and/or other providers that process payment card data in accordance with PCI DSS standards.
**(f) Shipping and Fulfillment Providers** — that receive your name, address, and order information to fulfill and deliver your orders.
**(g) Additional Third-Party Applications** — We may add or change third-party applications from time to time as necessary to operate and improve our business. Each application may collect and process data as described in its own privacy policy.
We do not sell your personal data as that term is commonly understood. However, certain data-sharing activities with analytics and advertising partners may constitute a "sale" or "sharing" of personal data under applicable state privacy laws, including the California Consumer Privacy Act (CCPA) and the Texas Data Privacy and Security Act (TDPSA). You may opt out of such data sharing as described in our Privacy Policy.
### 10.3 Your Data Protection Rights
Depending on your location, you may have certain rights regarding your personal data under applicable law, including but not limited to:
**(a) United States Residents:**
- **Texas (TDPSA):** Texas residents have the right to access, correct, delete, and obtain a copy of their personal data, and to opt out of the sale of personal data, targeted advertising, and profiling. We honor Global Privacy Control (GPC) browser signals as a valid opt-out mechanism.
- **California (CCPA/CPRA):** California residents have the right to know what personal information is collected, to delete personal information, to opt out of the sale or sharing of personal information, and to non-discrimination for exercising these rights.
- **Other U.S. States:** Residents of states with applicable consumer privacy laws (including but not limited to Virginia, Colorado, Connecticut, Oregon, Montana, and others) may have similar rights under their respective state laws.
**(b) European Economic Area and United Kingdom (GDPR / UK GDPR):** If you are located in the EEA or UK, you have the right to access, rectify, erase, restrict processing, object to processing, and port your personal data. You also have the right to withdraw consent at any time where processing is based on consent, and to lodge a complaint with your local supervisory authority. The legal bases for processing your data include performance of a contract (order fulfillment), legitimate interests (fraud prevention, site analytics), consent (marketing communications), and legal obligations. For international data transfers outside the EEA/UK, we rely on Standard Contractual Clauses, adequacy decisions, or other appropriate safeguards as required by applicable law.
To exercise any of these rights, please contact us at help@gadgetduke.com. We will respond to verifiable requests within the timeframes required by applicable law (generally 45 days for U.S. state law requests and 30 days for GDPR/UK GDPR requests).
### 10.4 Cookies and Tracking Technologies
The Site uses cookies, pixels, and similar tracking technologies. Essential cookies are necessary for the Site to function. Non-essential cookies (analytics, marketing) are deployed based on your consent preferences. You may manage your cookie preferences through the cookie consent banner displayed on the Site or through your browser settings.
### 10.5 Children's Privacy
We do not knowingly collect personal data from children under the age of 13 (or under 16 in the EEA/UK). If we learn that we have collected personal data from a child below these ages, we will take steps to delete such data promptly.
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## 11. DISCLAIMER OF WARRANTIES
THE SITE AND ALL PRODUCTS, SERVICES, CONTENT, AND MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GADGET DUKE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, GADGET DUKE DOES NOT WARRANT THAT: (A) THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) ANY DEFECTS WILL BE CORRECTED; (C) THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OBTAINED FROM USE OF THE SITE OR PRODUCTS WILL MEET YOUR REQUIREMENTS.
YOUR USE OF THE SITE AND PURCHASE OF PRODUCTS IS AT YOUR SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GADGET DUKE OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
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## 12. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GADGET DUKE, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO:
(A) YOUR USE OF OR INABILITY TO USE THE SITE OR PRODUCTS;
(B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN;
(C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
(D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE;
(E) ANY ERRORS OR OMISSIONS IN ANY CONTENT;
(F) ANY THIRD-PARTY CONTENT, SERVICES, OR APPLICATIONS ACCESSED THROUGH THE SITE; OR
(G) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE.
IN NO EVENT SHALL GADGET DUKE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY PRODUCTS PURCHASED THROUGH THE SITE EXCEED THE GREATER OF (I) THE TOTAL AMOUNT PAID BY YOU TO GADGET DUKE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED U.S. DOLLARS ($100.00).
THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, THE ABOVE LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
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## 13. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Gadget Duke, its officers, directors, members, managers, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorneys' fees and court costs) arising from or related to: (a) your use of the Site; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property, privacy, or proprietary right; (d) your User Content; (e) your violation of any applicable law, rule, or regulation; or (f) any claim that your use of the Site caused damage to a third party. This indemnification obligation shall survive the termination of these Terms and your use of the Site.
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## 14. DISPUTE RESOLUTION
### 14.1 Mandatory Binding Arbitration
**PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.**
You and Gadget Duke agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or any products purchased through the Site (collectively, "Disputes") shall be resolved exclusively through final and binding arbitration, rather than in court, except that either party may bring an individual action in small claims court if the claim qualifies.
### 14.2 Arbitration Procedures
Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, which are available at www.adr.org. The arbitration shall be conducted by a single arbitrator. The arbitration shall be held in Dallas County, Texas, or at another mutually agreed-upon location. The arbitrator shall apply Texas substantive law consistent with the Federal Arbitration Act. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this agreement is void or voidable.
### 14.3 Class Action Waiver
**YOU AND GADGET DUKE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.** Unless both you and Gadget Duke agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of class, consolidated, or representative proceeding.
### 14.4 Waiver of Jury Trial
**YOU AND GADGET DUKE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.** You and Gadget Duke are instead electing that all Disputes shall be resolved by arbitration as set forth above.
### 14.5 Opt-Out Right
You may opt out of this arbitration agreement by sending written notice of your decision to opt out to help@gadgetduke.com within thirty (30) days of your first use of the Site or your first purchase, whichever comes first. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of the arbitration agreement.
### 14.6 Exceptions
Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights.
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## 15. GOVERNING LAW
These Terms and any Disputes shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. To the extent that litigation is permitted under these Terms, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Dallas County, Texas.
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## 16. THIRD-PARTY LINKS AND SERVICES
The Site may contain links to third-party websites, applications, or services that are not owned or controlled by Gadget Duke. We have no control over and assume no responsibility for the content, privacy policies, practices, or availability of any third-party websites or services. Your interaction with any third-party website or service is governed by that third party's own terms and policies. We strongly advise you to review the terms and privacy policies of any third-party websites or services that you visit or interact with.
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## 17. FORCE MAJEURE
Gadget Duke shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from events beyond our reasonable control, including but not limited to natural disasters, pandemics, epidemics, acts of government, war, terrorism, civil unrest, labor disputes, supply chain disruptions, power failures, internet failures, or carrier delays.
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## 18. ELECTRONIC COMMUNICATIONS
By using the Site or providing your contact information, you consent to receiving electronic communications from us, including emails, text messages (where you have opted in), and notices posted on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
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## 19. SEVERABILITY
If any provision of these Terms is held to be unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
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## 20. ENTIRE AGREEMENT
These Terms, together with the Privacy Policy, Return Policy, and any other policies or agreements referenced herein, constitute the entire agreement between you and Gadget Duke regarding your use of the Site and purchase of products, and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and Gadget Duke.
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## 21. WAIVER
No waiver by Gadget Duke of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Gadget Duke to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
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## 22. ASSIGNMENT
You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. Gadget Duke may assign or transfer these Terms, in whole or in part, without restriction and without notice to you.
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## 23. CONTACT INFORMATION
If you have any questions about these Terms, please contact us:
**Gadget Duke LLC**
Email: help@gadgetduke.com
Mailing Address: P.O. Box 92456, 300 State St, Southlake, TX 76092
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*By using the Gadget Duke website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.*