Terms of service

Effective Date: January 1st, 2025

Welcome to www.shepherdof23.com and our related websites that link to these Terms (collectively, the “Website”), owned and operated by Shepherd of 23 (“Shepherd of 23,” “we,” “us,” or “our”). Except as otherwise noted herein, these terms and conditions (the “Terms”) govern your use of the Website and Shepherd of 23’s services, applications, and content (collectively, the “Site”) and your purchase, receipt, or use of our Christian-themed products made available through the Site (collectively, the “Product(s)”).

PLEASE READ THESE TERMS CAREFULLY BECAUSE YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE, OR PURCHASE, RECEIVE, OR USE OUR PRODUCTS.

THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Shepherd of 23 reserves the right to change or modify these Terms at any time and in our sole discretion. If we make material changes to these Terms, we will provide notice of such changes, such as by sending you an email notification or providing notice through the Site. By continuing to access or use the Site in any way after such notice has been provided, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Site or order, receive, or use the Products. If you do not agree to the revised Terms, you are free to reject them, but in that case, you may not access or use the Site or order, receive, or use the Products.

1. Account Creation; Eligibility. You may use the Site only if you can form a binding contract with Shepherd of 23, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. To purchase from the Site, you must complete the registration process to obtain a user account, providing accurate and complete information, including your full name and email address. You are responsible for keeping your account information updated, and we will handle your information consistent with our Privacy Policy. You will be required to create a user ID and password, and you agree to keep this information confidential, not sharing it with anyone. You are solely responsible for all activities under your account and agree to immediately notify Shepherd of 23 if you become aware of unauthorized access to your account. By registering, you affirm that you are at least 18 years of age, or have the legal capacity to enter into binding contracts. If under 18, you may only use the Site under parental or guardian supervision. You agree to create only one account and not engage in any fraudulent activities. Shepherd of 23 reserves the right to suspend or terminate your account if we detect violations of these Terms. You are responsible for any costs related to your access to the Site, including internet and data services, and Shepherd of 23 has no responsibility for the availability of your telecommunication services. By creating an account, you consent to receive communications electronically and agree to abide by the Terms. You are also responsible for maintaining the security of your account, and Shepherd of 23 will not be liable for any unauthorized access or use of your account.

2. Terms of Sale.

  • Orders, Pricing, and Payments. Shepherd of 23 strives to communicate accurate pricing and product information but will not be held responsible for any pricing, typographical, or other errors. The displayed colors of the Products depend on the monitor of the user, and Shepherd of 23 cannot guarantee that the user’s monitor will accurately portray the actual colors of the Products. Products displayed may be out of stock or discontinued, and prices are subject to change. Your order is subject to cancellation by Shepherd of 23, at our sole discretion. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. Unless otherwise agreed to by Shepherd of 23, payment must be received by Shepherd of 23 prior to our acceptance of an order. We may process payment for and ship parts of an order separately. Purchases may not be resold or exported. Your purchase is for your own use, not for resale or export. Your purchase may not be sold, leased, or transferred to restricted countries, restricted end users, or for restricted end uses according to U.S. export and sanctions laws.
  • Shipping. You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Please refer to our FAQ page for more information regarding shipping.
  • Taxes. We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates. Unless you provide Shepherd of 23 with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order.
  • Returns & Exchanges. Please refer to our FAQ page for more information regarding returns and exchanges. As stated in our Return Policy, returns and exchanges are accepted within 18 days of purchase.
  • Product Disclaimer. All Products should be used in accordance with their care instructions. Shepherd of 23 is not responsible for any damage to the product resulting from improper care or handling. Please read all product descriptions and care instructions carefully before purchasing to ensure the best experience with our items. While we strive to provide accurate descriptions and imagery, the actual product colors and textures may vary due to different monitor settings. Our products are designed to serve as meaningful, faith-inspired apparel and accessories, and are not intended for medical or therapeutic purposes. We recommend that you consult with a physician or other healthcare professional if you have any questions or concerns about health, comfort, or fit before purchasing. Shepherd of 23 does not give or intend to give any medical, health, or therapeutic advice. All products are for personal use only and are not for resale. Shepherd of 23 reserves the right to cancel or reduce the quantity of any order if we suspect a violation of this Agreement or misuse of our products.

3. Security Rules. Violations of system or network security may result in civil or criminal liability. Shepherd of 23 investigates violations and may involve and cooperate with law enforcement authorities in prosecuting any user or users involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following: (i) accessing data not intended for you or logging on to a Shepherd of 23 server or account that you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt); (iii) attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site and our hosting provider or our network, including, without limitation, by submitting a virus to the Site, overloading, “flooding,” “email bombing,” or “crashing” the Site; and (iv) forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Site.

4. Prohibited Uses; Access. The Site may be used only for lawful purposes and is available solely for your personal, noncommercial use, which is limited to viewing the Site, purchasing products, providing information to the Site, and downloading product information for personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information, and are responsible for the consequences of such communications to the Site. Shepherd of 23 specifically prohibits any use of the Site, and requires all users to agree not to use the Site for any of the following: (i) posting any information that is incomplete, false, inaccurate, or not your own; (ii) engaging in conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any city, state, national, or international law or regulation, or that would fail to comply with accepted internet protocol; (iii) communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the irrevocable permission of the owner to post it; (iv) communicating, transmitting, or posting material that (a) reveals trade secrets, unless you own them or have the irrevocable permission of the owner, (b) infringes on any other intellectual property, privacy, or publicity right of another, or (c) is in violation of applicable laws or regulations; (v) communicating, transmitting, or transferring (by any means) information or software derived from the Site to foreign countries or certain foreign nations in violation of applicable export control laws; or (vi) attempting to interfere in any way with the Site’s or Shepherd of 23's networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and content, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software, and the HTML used to generate the pages (collectively, "Materials and Content"), is Shepherd of 23's property or that of our suppliers or licensors and is protected by patent, trademark, and/or copyright under United States and/or foreign laws. Except as otherwise provided on the Site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials and Content from this Site in whole or in part for any public or commercial purpose without the specific prior written permission of Shepherd of 23. We grant you a personal, limited, nonexclusive, nontransferable license to access the Site and to use the information and services contained therein solely for your personal, noncommercial use as described below. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend, or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site, as well as features and/or hours of availability of the Site, and we will not be liable to you or any third party for doing so. We may also impose rules and limits on the use of the Site or restrict your access to part or all of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

5. Proprietary Rights. As between you and Shepherd of 23, Shepherd of 23 is the owner and/or authorized user of any registered or unregistered trademark, trade name, and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The Shepherd of 23 logos, designs, titles, phrases, product names, and the copyrights, trademarks, service marks, trade dress, and/or other intellectual property in such materials (collectively, the “Intellectual Property”) are owned by Shepherd of 23 and may be registered in the United States and internationally. You agree not to display or use the Intellectual Property in any manner without Shepherd of 23’s prior written permission. Nothing on the Site should be construed to grant any license or right to use any of the Intellectual Property without the prior written consent of Shepherd of 23. Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site, and you may not modify, rent, lease, loan, sell, distribute, or create derivative works of such Materials and Content, features, or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by Shepherd of 23. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site, including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements of such, is protected by law, including, but not limited to, copyright law.

6. User Content; Social Media Agreement.

  • We do not claim ownership of user-generated content and materials. Any photographs, images, graphics, videos, sounds, music, audio recordings, text, comments, feedback, suggestions, ideas, concepts, questions, or other content that you: (i) submit or post on the Site, on any of our blogs, social media accounts, or through tools or applications we provide for posting or sharing such content with us; or (ii) post or upload to your social media accounts, including but not limited to Instagram, Twitter, Facebook, TikTok, and Pinterest, that are tagged with #Shepherdof23 or any other Shepherd of 23-promoted hashtag (collectively “User Content”), shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant Shepherd of 23 a perpetual, irrevocable, royalty-free, worldwide, sublicensable, and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use, or otherwise exploit all or any portion of the User Content, as well as your name, persona, and likeness (and the likeness of any other person appearing in the User Content, including any minor child) included in any User Content and your social media account handle, username, real name, profile picture, and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media, or technology, whether now known or hereafter developed, including, but not limited to, in stores, printed marketing materials, emails, web pages, social media accounts, and for any other marketing, advertising, public relations, sales, or promotional purposes, with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to: (a) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms; or (b) inspect or approve the editorial copy or other material that may be used in connection with the User Content. Shepherd of 23 will be free to use any ideas, concepts, know-how, or techniques contained in such User Content for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products that incorporate or otherwise rely upon such information. Shepherd of 23 shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content, or respond to any User Content. Shepherd of 23 retains the right, in its sole discretion and without prior notice, to remove, revise, or refuse to post any User Content for any reason or no reason.
  • By submitting or posting User Content on the Site, on your social media accounts, or through any tools or applications we provide for sharing your User Content with us, you represent and warrant that: (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice, and/or likeness without the need for payment to you or any other person or entity; (iii) you hereby give permission on behalf of any minor children that appear in the User Content, to which you are the legal guardian, to use, and grant others the right to use, their name, image, voice, and/or likeness without the need for payment to you or any other person or entity; (iv) you are 18 years of age or older; and (v) the User Content does not: (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual, or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening, or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers, or any contact information, or (e) contain computer viruses, worms, or other harmful files. Upon request by Shepherd of 23, you will furnish Shepherd of 23 any documentation, substantiation, or releases necessary to verify your compliance with these Terms. You are solely responsible for the User Content and you hereby agree to indemnify and hold Shepherd of 23 and its members, manager, employees, agents, affiliates, assigns, and licensees harmless from any and all damages, claims, expenses, costs, or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
  • Shepherd of 23 does not guarantee the truthfulness, accuracy, or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content you fully and unconditionally release and forever discharge Shepherd of 23 and its officers, directors, employees, and agents from any and all claims, demands, and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity; or (ii) the use by Shepherd of 23 or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity. You acknowledge and agree that Shepherd of 23 has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. Shepherd of 23 acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If Shepherd of 23 becomes aware of any User Content that allegedly may not conform to these Terms, Shepherd of 23 may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. Shepherd of 23 has no liability or responsibility to Users for performance or nonperformance of such activities.
  • Without limiting the foregoing in any way, Shepherd of 23 has the absolute right to remove and/or delete without notice any User Content within its control at its sole discretion. You consent to such removal and/or deletion and waive any claim against Shepherd of 23 for such removal and/or deletion. Shepherd of 23 is not responsible for failure to store posted content or other materials you transmit through the Site. You should take measures to preserve copies of any data, material, content, or information you post to the Site or any other sites or platforms.

7. Copyright Complaints. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Shepherd of 23’s copyright agent with the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. §512 (“DMCA”). Please be advised that to be effective, the notice must include ALL of the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party; (v) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or as a matter of law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. In accordance with the DMCA, it is our policy to terminate use of our Site by repeat infringers in appropriate circumstances. Notices of claimed copyright infringement and counter-notices should be delivered via email to hello@shepherdof23.com with “DMCA Takedown Request” in the subject line.

8. Privacy Policy. Notwithstanding anything else to the contrary contained in these Terms, Shepherd of 23's use of any personally identifiable information (name, email, etc.) you provide via the Site shall be governed by our Privacy Policy. For further information regarding Shepherd of 23's protection of your personal information, please refer to our Privacy Policy.

9. Third Party Links. The Site may contain links to websites, applications, or other products or services operated by other companies (“Third Party Platforms”). Shepherd of 23 does not endorse, monitor, or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. Shepherd of 23 is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.

10. Telephone Communications; Text Messaging; SMS Policy. Shepherd of 23 offers a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and our Privacy Policy. (the “SMS Terms”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. These SMS Terms are limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

10.1 User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that these SMS Terms apply to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.

10.2 User Opt Out: If you do not wish to continue participating in the Program or no longer agree to these SMS Terms, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Shepherd of 23 and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

10.3 Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of our Products. Messages may include checkout reminders.

10.4 Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

10.5 Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at hello@shepherdof23.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

10.6 MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

10.7 Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

10.8 Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

10.9 Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

10.10 Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
  • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
  • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
  • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

10.11 Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Shepherd of 23, or between you and any third-party service provider acting on Shepherd of 23’s behalf, arising out of or relating to federal or state statutory claims, common law claims, these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Seattle, Washington, before one arbitrator and as set forth in Section 15 below.
This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

10.12 State Law:
Florida: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

Washington: To the extent the law is relevant and applicable to the Program, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) (including but not limited to sections 80.36.390, 19.158.040, 19.158.110 and 19.158) as applicable to Washington residents. For purposes of compliance, you agree that we may assume that you are a Washington resident if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is a Washington area code.

Oklahoma: We endeavor to comply with the Oklahoma Telephone Solicitation Act of 2022 as applicable to Oklahoma residents. For purposes of compliance, you agree that we may assume that you are an Oklahoma resident if, at the time of opt-in to Program, the area code for the phone number used to opt-into the Program is an Oklahoma area code. You agree that the requirements of the Oklahoma Telephone Solicitation Act do not apply to you, and you shall not assert that you are an Oklahoma resident, if you do not meet the criteria or, in the alternative, do not affirmatively advise us in writing that you are an Oklahoma resident by sending written notice to Us. Insofar as you are an Oklahoma resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Oklahoma Statutes Title 15 (including but not limited to sections 775C.1, 775C.2, 775C.3, 775C.4 and 775C.5), to the extent the law is otherwise relevant and applicable.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these SMS Terms or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these SMS Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these SMS Terms will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these SMS Terms unless explicitly stated otherwise in writing. We reserve the right to change these SMS Terms from time to time. Any updates to these SMS Terms shall be communicated to you. You acknowledge your responsibility to review these SMS Terms from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept these SMS Terms, as modified.

11. California Consumer Rights Notice. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to hello@shepherdof23.com. Residents of California may contact the California Department of Consumer Affairs Division of Consumer Services, Complaint Assistance Unit by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

12. Disclaimers and Limitations of Liability.

  • Shepherd of 23 publishes information on its Site as a convenience to its visitors. While Shepherd of 23 attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The products described on the Site may not be available in your region. Shepherd of 23 does not claim that the information on the Site is appropriate to your jurisdiction or that the products described on its Site will be available for purchase in all jurisdictions.
  • YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE PRODUCTS AND SITE, WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Shepherd of 23 DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL MATERIALS AND CONTENT, FUNCTIONS, PRODUCTS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Shepherd of 23 DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE MATERIALS AND CONTENT OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. Shepherd of 23 MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THIS LIMITATION OF LIABILITY MAY NOT APPLY TO ALL USERS AND MAY BE LIMITED BY APPLICABLE LAW, AND CERTAIN USERS MAY HAVE ADDITIONAL RIGHTS NOT EXPRESSED HEREIN.
  • Shepherd of 23 makes no warranties of any kind regarding any sites not controlled by Shepherd of 23 to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Shepherd of 23 makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such sites not controlled by Shepherd of 23. Shepherd of 23 does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
  • TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SHEPHERD OF 23, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR THE MATERIALS AND CONTENT OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF SHEPHERD OF 23 OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF SHEPHERD OF 23 AND THE OTHER SHEPHERD OF 23 PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE ORDER, RECEIPT OR USE OF PRODUCTS PURCHASED FROM THE SITE EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS; AND (B) THE ACCESS OR USE OF THE SITE OR CONTENT, EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE SHEPHERD OF 23 AND THE OTHER SHEPHERD OF 23 PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THIS LIMITATION MAY NOT APPLY TO PERSONAL INJURY CLAIMS.

13. Indemnity. You agree to indemnify and hold Shepherd of 23, its managers, members, officers, employees, agents, and affiliates harmless from any and all claims, liabilities, damages, costs, and expenses, including actual outside attorneys' fees and court costs, in any way arising from, related to, or in connection with your use of the Site, your violation of these Terms, or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information, materials, or User Content you provide infringes any third-party proprietary right. You further agree to reimburse Shepherd of 23, within thirty (30) days of each demand for reimbursement, for any and all costs, liabilities, expenses, fees, fines, professional fees, and other amounts paid or incurred by Shepherd of 23 (or such other indemnitee) in connection with the foregoing indemnity.

14. Governing Law and Disputes: THE PARTIES AGREE THAT THESE TERMS, ANY SALES THEREUNDER, AND/OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) BETWEEN YOU AND SHEPHERD OF 23 arising from or relating to THESE Terms, its interpretation or the breach, termination, or validity thereof, the relationships that result from THESE Terms, SHEPHERD OF 23’s advertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE STATE OF WASHINGTON WITHOUT REGARD TO CONFLICTS OF LAW.

15. Dispute Resolution and Binding Arbitration. YOU AND SHEPHERD OF 23 ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND SHEPHERD OF 23, its members, managers, agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase (collectively "Shepherd of 23") arising from or relating in any way to your purchase of Product, your use of the Site, these Terms, its interpretation or the breach, termination or validity thereof, the relationships that result from these Terms (including relationships with third parties who are not signatories to these Terms), Shepherd of 23’s advertising or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or these Terms is void, voidable or otherwise invalid. The arbitration shall be administered by the American Arbitration Association (AAA) or JAMS (or a substitute forum if both are unavailable). Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed. Consumer claimants (individuals whose transaction is intended for personal, family or household use) may elect to pursue their claims in small-claims court rather than arbitration. The arbitration or small-claims court proceeding will be limited solely to the customer’s individual dispute or controversy. You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR SHEPHERD OF 23 SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS/USERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced (but in no case shall there be class arbitration). The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. This transaction shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Payment for all filing, administration, and arbitrator fees will be governed by the rules of the applicable arbitration administrator, provided, that Shepherd of 23 will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. If you prevail on any claim that affords the prevailing party statutory attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. Information on AAA or JAMS and their applicable rules are available at the following numbers and URLs: (i) American Arbitration Association: (800) 778-7879, adr.org; and (ii) JAMS: (800) 352-5267, www.jamsadr.com. If for any reason a claim proceeds in court rather than in arbitration, each of you and Shepherd of 23 waive any right to a jury trial. Moreover, each of you and Shepherd of 23 both agree that either party may bring suit in court to enjoin infringement or misuse of intellectual property rights.

16. General: These Terms constitute the entire agreement between you and Shepherd of 23 and govern your use of the Site, and they supersede any prior agreements between you and Shepherd of 23, provided, however, that these Terms shall be read in conjunction with the “Privacy Policy” as applicable. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. You agree that this Site shall be deemed a passive website solely based in Washington, USA, which does not give rise to personal jurisdiction over Shepherd of 23 in jurisdictions other than Washington. Shepherd of 23 may terminate this agreement and deny you access to the Site at any time, immediately and without notice, if in Shepherd of 23's sole discretion you fail to comply with any provision of these Terms. You agree that no joint venture, partnership, employment, or agency relationship exists between Shepherd of 23 and you as a result of these Terms or your use of the Site. Any claim or cause of action you may have with respect to Shepherd of 23 or the Site must be commenced within one (1) year after the claim or cause of action arose or be forever barred. The failure of Shepherd of 23 to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision in these Terms is held invalid, the remainder of these Terms shall continue to be enforceable. If any provision in these Terms is deemed unlawful, void, or unenforceable, then that provision is deemed severable from these Terms and the remaining provisions are still valid and enforceable. You may not assign these Terms nor any of your rights or obligations under these Terms without Shepherd of 23's express prior written consent. These Terms inure to the benefit of Shepherd of 23's successors, assigns, affiliates, and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.

These Terms constitute the entire agreement between you and Shepherd of 23 and govern your use of the Site, superseding any prior agreements between you and Shepherd of 23. These Terms should be read in conjunction with our Privacy Policy, as applicable. The Site is a passive website based in Washington state, USA, and does not confer personal jurisdiction over Shepherd of 23 in any jurisdiction outside of Washington. Shepherd of 23 reserves the right to terminate this agreement and deny you access to the Site immediately if you fail to comply with any provision of these Terms. No joint venture, partnership, employment, or agency relationship exists between you and Shepherd of 23 as a result of these Terms or your use of the Site. Any claim or cause of action you may have with respect to Shepherd of 23 or the Site must be commenced within one (1) year after the claim or cause of action arose or be forever barred. The failure of Shepherd of 23 to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision in these Terms is held invalid, the remainder of these Terms shall continue to be enforceable. If any provision is deemed unlawful, void, or unenforceable, that provision shall be severed from these Terms, and the remaining provisions shall remain valid and enforceable. You may not assign these Terms or any rights or obligations without Shepherd of 23’s express prior written consent. These Terms are binding upon Shepherd of 23’s successors, assigns, affiliates, and licensees. The section titles in these Terms are for convenience only and have no legal effect.

If you have any questions or concerns regarding these Terms of Service, please contact us at:

Email: hello@shepherdof23.com