Last updated: August 31, 2025

Agreement to Terms

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Dirty Devices LLC (“Dirty Devices LLC,” “we,” “us,” or “our”), concerning your access to and use of the getdelta.dirtydevices.com website and any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). By accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use. It is your responsibility to periodically review these Terms of Use to stay informed of updates. Your continued use of the Site after the date such revised Terms of Use are posted will constitute acceptance of the changes.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws.

The Site is not tailored to comply with industry-specific regulations (including HIPAA, FISMA, etc.). If your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, your parent or guardian must read and agree to these Terms of Use prior to your use of the Site.

Our Relationship with Shopify

Our online store and certain Site features are hosted by Shopify Inc. (“Shopify”). Shopify provides the e-commerce platform that allows us to sell our products and services to you. When you visit our Site, make a purchase, or otherwise interact with our store, your information is processed by Dirty Devices LLC and by Shopify.

Shopify may process your personal data to provide services to us and to you, including Enhanced Services that incorporate data from your interactions with other merchants and with Shopify (sometimes referred to as “Shopify Network Intelligence”). Shopify may share your information with third parties to provide these services. Such third parties may be located in other countries.

For additional details about how Shopify processes consumer information and the choices available to you, please review Shopify’s Consumer Privacy Policy and Shopify’s Privacy Policy. Our Privacy Policy (linked below) describes how we and Shopify use cookies and similar technologies and how you can exercise choices, including state-specific opt-out rights related to targeted advertising or data “sharing,” where applicable.

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and other intellectual property rights. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

User Representations

By using the Site, you represent and warrant that: (1) you have the legal capacity and agree to comply with these Terms of Use; (2) you are not under the age of 13; (3) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (4) you will not access the Site through automated or non-human means; (5) you will not use the Site for any illegal or unauthorized purpose; and (6) your use of the Site will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

Products

All products are subject to availability. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

Purchases and Payment

We accept the following forms of payment: Visa, Mastercard, American Express, Discover.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site, and to promptly update such information as needed. Sales tax will be added to purchases where required. All payments are in U.S. dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any pricing errors, even if payment has already been requested or received. We may refuse any order or limit/cancel quantities per person, household, or order (including orders using the same account, payment method, billing or shipping address). We may limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.

Refunds Policy

Please review our Return Policy posted on the Site prior to making any purchases.

Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us. Without limitation, you agree not to engage in any of the prohibited activities listed on the Site, including attempts to circumvent security features, scraping, spamming, reverse engineering, or using automated systems without authorization.

User Generated Contributions & Contribution License

If the Site allows users to submit or post content (“Contributions”), Contributions may be viewable by other users and through third-party websites and are subject to the Site Privacy Policy. You represent and warrant that you own or have the necessary rights to your Contributions and that your Contributions do not violate the rights of third parties or applicable law. By submitting feedback or suggestions, you agree we may use and share such feedback for any lawful purpose without compensation to you.

Submissions

Any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or our products or services (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, without acknowledgment or compensation to you.

Third-Party Websites and Content; Advertisers

The Site may contain links to third-party websites and content (“Third-Party Content”). Such Third-Party Content is not monitored by us, and we are not responsible for its accuracy, appropriateness, or policies. Inclusion of Third-Party Content does not imply approval or endorsement. Your use of Third-Party Content is at your own risk and subject to the third party’s terms and policies. We may allow advertisers to display advertisements on the Site; advertisers are solely responsible for their ads and any services or products sold through them.

Site Management

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms; (2) take appropriate legal action for violations of law or these Terms; (3) in our discretion, refuse, restrict access to, limit the availability of, or disable any of your Contributions; (4) remove files and content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Site to protect our rights and facilitate its proper functioning.

Privacy Policy; Customer Privacy Choices

We care about data privacy and security. Please review our Privacy Policy at: https://dirtydevices.com/pages/privacy-policy/. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

Because our store is hosted by Shopify, when you use our Site your information is also processed by Shopify. Some features provided through Shopify may involve targeted advertising or “sharing” of data as defined under certain U.S. state privacy laws. Residents of applicable states may have the right to opt out of such activity. You can access Shopify’s consumer privacy information and opt-out tools via Shopify’s Consumer Privacy Policy and Shopify’s Privacy Policy. Our Privacy Policy explains additional choices that may be available to you, and we will honor any opt-out signals or preferences required by applicable law or provided through Shopify’s automated privacy settings.

Please be advised the Site is hosted in the United States. If you access the Site from another region with laws governing personal data collection, use, or disclosure that differ from U.S. law, by continuing to use the Site you are transferring your data to the United States and expressly consent to such transfer and processing.

We do not knowingly accept, request, or solicit information from children or knowingly market to children. If we receive actual knowledge that anyone under the age of 13 has provided personal information to us without verifiable parental consent, we will delete that information as quickly as reasonably practical.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the offerings on the Site without notice at any time. We will not be liable for any modification, price change, suspension, or discontinuance. We cannot guarantee the Site will be available at all times and may experience outages or maintenance. You agree that we have no liability for any loss or inconvenience caused by your inability to access or use the Site during downtime.

Governing Law

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of New Hampshire, without regard to its conflict of law principles.

Dispute Resolution

Informal Negotiations. The parties agree to first attempt to negotiate any dispute, controversy, or claim related to these Terms of Use (“Dispute”) informally for at least thirty (30) days before initiating arbitration. Informal negotiations commence upon written notice from one party to the other.

Binding Arbitration. If the parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer-Related Disputes. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules. The arbitration may be conducted in person, through documents, by phone, or online. The arbitrator must follow applicable law. Except where otherwise required, the arbitration will take place in Concord, New Hampshire. The parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award.

If a Dispute proceeds in court rather than arbitration, it shall be commenced in the state or federal courts located in Concord, New Hampshire, and the parties consent to personal jurisdiction and venue in such courts. The parties agree that the United States District Court for the District of New Hampshire and the New Hampshire Superior Court (Merrimack County) are proper venues. Application of the United Nations Convention on Contracts for the International Sale of Goods and UCITA is excluded.

No Dispute related to the Site may be brought more than one (1) year after the cause of action arose.

Restrictions. Arbitration will be limited to the Dispute between the parties individually. To the fullest extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) no class-action arbitration; and (c) no representative capacity claims.

Exceptions. The following Disputes are not subject to the above arbitration provisions: (a) Disputes seeking to enforce or protect a party’s intellectual property rights; (b) Disputes related to theft, piracy, invasion of privacy, or unauthorized use; and (c) claims for injunctive relief.

Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Site at any time, without prior notice.

Disclaimer

THE SITE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE, AND WILL HAVE NO LIABILITY FOR (1) ERRORS, MISTAKES, OR INACCURACIES; (2) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SITE; (3) UNAUTHORIZED ACCESS TO OR USE OF SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE; (5) ANY BUGS, VIRUSES, OR THE LIKE TRANSMITTED BY ANY THIRD PARTY; OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our affiliates and respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms; (3) any breach of your representations and warranties; (4) your violation of the rights of a third party; or (5) any harmful act toward any other Site user with whom you connected via the Site. We reserve the right, at your expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you.

User Data

We will maintain certain data that you transmit to the Site to manage the Site’s performance, as well as data relating to your use of the Site. Although we perform routine backups, you are solely responsible for all data you transmit or that relates to any activity you have undertaken using the Site. We have no liability for any loss or corruption of such data.

Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

California Users and Residents

If any complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Site. You waive any defenses based on the electronic form of these Terms and the lack of signing by the parties hereto.