Terms of service
Last updated: September 17, 2026
Overview
Welcome to Marks Trading Company. The terms "we," "us," and "our" refer to The Marks Trading Company LLC, doing business as Marks Trading Company. We operate this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the "Services"). Marks Trading Company is powered by Shopify, which enables us to provide the Services to you.
These terms and conditions, together with any policies referenced here (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.
Please read these Terms carefully. They include important information about your legal rights, including warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you should not use or access our Services.
Section 1 – Access and Account
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and that you have given consent for any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including browsing our online store or purchasing products or services, you may be asked to provide information such as your email address and your billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete, and that you have the right to provide it.
You are solely responsible for keeping your account credentials secure and for all activity on your account. You may not transfer, sell, assign, or license your account to anyone else.
Section 2 – Our Products
We make every effort to represent our products and services accurately. Colors and product appearance may differ from what you see on your screen, depending on your device and its settings.
We do not warrant that the appearance or quality of any product or service you purchase will meet your expectations or match its depiction in our online store.
Product descriptions are subject to change at any time without notice. We may discontinue any product at any time and may limit the quantities of any product offered to any person, geographic region, or jurisdiction, on a case-by-case basis.
Section 3 – Orders
When you place an order, you are making an offer to purchase. We may accept or decline your order for any reason. Your order is not accepted until we confirm acceptance, and we must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after an order is accepted. If we decline, change, or cancel an order, we will attempt to notify you using the email address, billing address, or phone number provided with the order.
Your purchases are subject to return or exchange only as described in our Refund Policy.
Unless you purchase under a separate wholesale agreement with us, you represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
Section 4 – Prices and Billing
Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect when your order is placed, as shown in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs, or import charges.
Prices in our online store may differ from prices in our physical store or in stores operated by third parties. We may offer promotions from time to time that are governed by their own terms. If a promotion's terms conflict with these Terms, the promotion's terms govern.
You agree to provide current, complete, and accurate purchase, payment, and account information, and to promptly update your account and other information, including your email address and card details, so we can complete your transactions and contact you as needed.
You represent and warrant that (i) the payment information you provide is true, correct, and complete; (ii) you are authorized to use that payment method; (iii) charges you incur will be honored by your card issuer; and (iv) you will pay all charges at the posted prices, including shipping, handling, and applicable taxes.
Section 5 – Shipping and Delivery
Shipping rates and timelines are described in our Shipping Policy. All delivery times are estimates and are not guaranteed. We are not liable for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you.
Section 6 – Intellectual Property
Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and their design, selection, and arrangement, are owned by Marks Trading Company, its affiliates, or its licensors, and are protected by U.S. and foreign intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Nothing in these Terms grants you any license or rights under any patent, trademark, copyright, or other intellectual property of Marks Trading Company, Shopify, or any third party. All rights not expressly granted are reserved.
Our names, logos, product and service names, designs, and slogans are trademarks of Marks Trading Company or its affiliates or licensors and may not be used without our prior written permission. Shopify's name, logo, and related marks are trademarks of Shopify. All other names, logos, and marks on the Services belong to their respective owners.
Section 7 – Optional Tools
We may provide access to third-party tools that we do not monitor, control, or provide input on. These tools are provided "as is" and "as available," without warranties, representations, conditions, or endorsement of any kind, and we have no liability arising from your use of them. Your use of optional tools is at your own risk, and you should review and approve the terms under which the relevant third-party providers offer them.
We may offer new features through the Services in the future. New features are also part of the Services and subject to these Terms.
Section 8 – Third-Party Links
The Services may contain materials and links to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you access them, you do so at your own risk.
We are not liable for any harm or damages related to your use of third-party websites or any products, services, resources, or content on them. Please review third-party policies carefully before engaging in any transaction, and direct any complaints or questions about third-party products or services to the third party.
Section 9 – Relationship with Shopify
Marks Trading Company is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Marks Trading Company. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Marks Trading Company, including any injury, damage, or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Marks Trading Company.
Section 10 – Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve them. Information you submit will be shared with Shopify and third parties that may be located in countries other than where you live.
Section 11 – Feedback
If you submit, upload, post, email, or otherwise send us any ideas, suggestions, feedback, reviews, proposals, plans, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback in any medium and for any purpose, including commercial use.
You represent and warrant that (i) you own or have all necessary rights to your Feedback; (ii) you have disclosed any compensation or incentives you received in connection with it; and (iii) it complies with these Terms. We have no obligation to keep Feedback confidential, pay for it, or respond to it.
We may, but are not required to, monitor, edit, or remove Feedback that we determine is unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable, or that violates anyone's intellectual property or these Terms.
You agree that your Feedback will not violate any third party's rights, including copyright, trademark, privacy, or personality rights, and will not contain unlawful, abusive, or obscene material or any malware. You may not use a false email address, impersonate anyone, or mislead us or others about the origin of any Feedback. You are solely responsible for your Feedback and its accuracy.
Section 12 – Errors, Inaccuracies, and Omissions
Information on the Services may occasionally contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice, including after you have submitted your order.
Section 13 – Prohibited Uses
You may use the Services for lawful purposes only. You may not use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any law, regulation, rule, or ordinance; (c) to infringe our intellectual property rights or anyone else's; (d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, receive, upload, download, or use any material that does not comply with these Terms; (g) to send unsolicited advertising or promotional material, including spam or chain letters; (h) to impersonate any person or entity; or (i) to engage in any conduct that restricts anyone's use of the Services or that we determine may harm Marks Trading Company, Shopify, or other users, or expose them to liability.
You also agree not to: (a) upload or transmit viruses or other malicious code; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraper, data extraction tool, automated process, or AI tool (including agentic AI) to access the Services, except as permitted in Section 14; or (f) interfere with, bypass, or circumvent the security or access-control features of the Services. We may suspend, disable, or terminate your account at any time, without notice, if we determine you have violated these Terms.
Section 14 – Agents
14.1 This section applies if you use, allow, enable, or deploy an Agent to access, use, or interact with the Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless it identifies itself and operates in strict accordance with Section 14.4 at all times. No Agent may access the Services if we have asked it not to.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, or interacts with the Services.
14.4 Agents must: (i) identify themselves in every HTTP/HTTPS request by including "Agent/[agent name]" in the user agent string; (ii) not conceal that access or interactions come from an Agent, including by mimicking human behavior or completing or circumventing CAPTCHAs; (iii) respond truthfully to any question about whether interactions come from a human or a computer; and (iv) not circumvent any measure intended to block, limit, or control Agent access.
Section 15 – Termination
We may terminate these Terms or your access to the Services, in whole or in part, at any time and without notice. You remain liable for all amounts due through the date of termination.
The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive.
Section 16 – Disclaimer of Warranties
Information on the Services is provided for general information purposes only. We do not warrant its accuracy, completeness, or usefulness, and any reliance on it is at your own risk.
EXCEPT AS EXPRESSLY STATED BY MARKS TRADING COMPANY, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
Section 17 – Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL MARKS TRADING COMPANY, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THEM, OR ANY OTHER CLAIM RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING ANY ERRORS OR OMISSIONS IN ANY CONTENT, EVEN IF ADVISED OF THEIR POSSIBILITY.
Section 18 – Indemnification
You agree to indemnify, defend, and hold harmless Marks Trading Company, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to any third party due to or arising from (1) your breach of these Terms or the documents they incorporate by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.
We will notify you of any claim subject to indemnification, although a failure to notify promptly will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of the claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent, which will not be unreasonably withheld. You will cooperate in the defense of indemnified claims, including by providing relevant documents.
Section 19 – Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, it will be enforced to the fullest extent permitted by law, and the unenforceable portion will be severed. This will not affect the validity or enforceability of the remaining provisions.
Section 20 – Waiver; Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms is not a waiver of that right or provision.
These Terms, together with any policies or operating rules we post on this site or in connection with the Services, are the entire agreement between you and us regarding the Services. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, including prior versions of these Terms. Any ambiguity in these Terms will not be construed against the drafting party.
Section 21 – Assignment
You may not delegate, transfer, or assign these Terms or any of your rights or obligations under them without our prior written consent, and any attempt to do so is void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
Section 22 – Governing Law
These Terms and any separate agreements under which we provide Services to you are governed by the laws of the State of Michigan, without regard to its conflict-of-law rules. You and Marks Trading Company consent to the jurisdiction and venue of the state and federal courts located in Michigan.
Section 23 – Headings
Headings in these Terms are for convenience only and do not limit or affect these Terms.
Section 24 – Changes to These Terms
You can review the current version of these Terms at any time on this page.
We may update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check our website periodically for changes. We will notify you of material changes as required by applicable law, and those changes take effect on the date specified in the notice. Your continued use of the Services after changes are posted means you accept them.
Section 25 – Contact Information
Questions about these Terms can be sent to info@themarkstradingcompany.com.
Marks Trading Company
The Marks Trading Company LLC
142 N. Main St., Adrian, MI 49221
517-759-9934
info@themarkstradingcompany.com