TERMS AND CONDITIONS
mark12thirty, LLC
A Limited Liability Company Registered in the State of Idaho
Last Updated: March 12, 2026
Version 1.0
1. Acceptance of Terms
2. Eligibility
3. Changes to Terms
4. Account Registration and Security
5. Products, Pricing, and Availability
6. Orders and Payment
7. Shipping and Delivery
8. Returns and Refunds
9. Intellectual Property
10. User Conduct and Prohibited Uses
11. User-Generated Content
12. Third-Party Links and Services
13. Disclaimer of Warranties
14. Limitation of Liability
15. Indemnification
16. Dispute Resolution and Binding Arbitration
17. Class Action Waiver
18. Governing Law and Jurisdiction
19. Severability
20. Waiver
21. Entire Agreement
22. Assignment
23. Force Majeure
24. Electronic Communications
25. Privacy Policy
26. Contact Information
These Terms and Conditions ("Terms," "Terms and Conditions," or "Agreement") constitute a legally binding agreement between you ("you," "your," or "User") and mark12thirty, LLC ("Company," "we," "us," or "our"), a limited liability company organized under the laws of the State of Idaho, governing your access to and use of the website located at mark12thirty.com (the "Site"), including any content, functionality, products, and services offered on or through the Site.
BY ACCESSING OR USING THE SITE, PLACING AN ORDER, CREATING AN ACCOUNT, OR OTHERWISE ENGAGING WITH OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SITE.
Your use of the Site constitutes your acceptance of, and agreement to comply with, these Terms. These Terms apply to all visitors, users, customers, and others who access or use the Site.
By using the Site, you represent and warrant that:
If you are using the Site on behalf of a business entity, you further represent and warrant that you have the authority to bind that entity to these Terms, and "you" and "your" shall refer to both you individually and the entity.
We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion, including if we believe that your conduct violates applicable law or is harmful to our interests.
We reserve the right, at our sole discretion, to modify, amend, or replace these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of these Terms and may provide additional notice through one or more of the following methods:
It is your responsibility to review these Terms periodically for changes. Your continued use of the Site following the posting of revised Terms constitutes your acceptance of and agreement to the changes. If you do not agree to the new Terms, you must stop using the Site immediately.
No modification of these Terms by you shall be effective unless expressly agreed to by mark12thirty, LLC in writing.
To access certain features of the Site, including placing orders, you may be required to create an account. When you create an account, you agree to:
You are solely responsible for any activity that occurs under your account, whether or not you authorized that activity. We will not be liable for any loss or damage arising from your failure to maintain the confidentiality of your account credentials.
We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including if we reasonably believe that you have violated these Terms.
We make reasonable efforts to accurately display the colors, features, specifications, and details of products available on the Site. However, we do not guarantee that the colors, features, specifications, or other details of products as displayed on your screen will be accurate, complete, reliable, current, or free of errors. Your monitor or device settings may affect the appearance of product colors and images.
All prices displayed on the Site are in United States Dollars (USD) unless otherwise stated. Prices are subject to change without notice. We reserve the right to modify prices at any time prior to acceptance of an order.
In the event of a pricing error, we reserve the right to cancel any orders placed at the incorrect price, even if the order has been confirmed or your payment method has been charged. If your payment method has been charged for an order that is subsequently cancelled due to a pricing error, we will issue a full refund to the original payment method.
Prices do not include applicable taxes, shipping charges, or handling fees, which will be calculated and displayed during the checkout process prior to order confirmation.
All products are subject to availability. We reserve the right to limit the quantity of any product available for purchase and to discontinue any product at any time without notice. We do not guarantee that any product will be available at any particular time or in any particular quantity.
The inclusion of any product on the Site does not constitute an offer to sell. An offer to sell is made only when we confirm acceptance of your order.
Your placement of an order through the Site constitutes an offer to purchase the products in your order. All orders are subject to acceptance by mark12thirty, LLC. We may, in our sole discretion, refuse or cancel any order for any reason, including but not limited to:
If we cancel an order after your payment method has been charged, we will issue a full refund to the original payment method.
We accept the payment methods displayed during checkout. By providing a payment method, you represent and warrant that:
Payment processing is handled by our third-party payment processor(s). We do not store complete credit card or debit card numbers on our servers. Your use of the payment processor is subject to the payment processor's own terms of service and privacy policy.
We collect and remit sales tax in jurisdictions where we are required to do so by applicable law. The applicable sales tax will be calculated and displayed during the checkout process. You are responsible for any applicable taxes not collected by us.
We currently ship products only within the United States. Shipping options, estimated delivery times, and shipping costs will be displayed during the checkout process.
Estimated delivery times are provided for informational purposes only and are not guaranteed. Actual delivery times may vary based on shipping carrier performance, weather conditions, holidays, and other factors beyond our control. mark12thirty, LLC shall not be liable for any delays in delivery.
Risk of loss and title for products purchased from the Site pass to you upon delivery of the products to the shipping carrier. You are responsible for inspecting all products upon delivery and for filing any claims with the shipping carrier for damaged or lost shipments.
If a package is returned to us as undeliverable due to an incorrect address provided by you, you will be responsible for any additional shipping charges required to reship the order.
Our return and refund policy is as follows:
Products may be returned within thirty (30) calendar days of delivery, provided they are:
The following items are not eligible for return:
To initiate a return, please contact us via the contact form at https://mark12thirty.com with your order number and reason for return. We will provide you with return instructions. You are responsible for return shipping costs unless the return is due to our error (e.g., wrong item shipped, defective product).
Once we receive and inspect your returned item, we will notify you of the approval or rejection of your refund. If approved, your refund will be processed to the original payment method within ten (10) business days. Please note that your financial institution may require additional time to post the refund to your account.
If you wish to exchange a product for a different size, color, or item, please contact us via the contact form at https://mark12thirty.com. Exchanges are subject to product availability.
If you receive a defective or incorrect item, please contact us within seven (7) calendar days of delivery via the contact form at https://mark12thirty.com. We will arrange for a replacement or full refund, including return shipping costs, at our discretion.
The Site and its entire contents, features, and functionality — including but not limited to all text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the design, selection, and arrangement thereof — are owned by mark12thirty, LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The following marks are trademarks or pending trademarks of mark12thirty, LLC:
You may not use, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site without the prior written consent of mark12thirty, LLC, except as follows:
All trademarks, service marks, trade names, logos, and trade dress displayed on the Site are proprietary to mark12thirty, LLC or their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the written permission of mark12thirty, LLC or the third-party owner of such trademark.
If you believe that any content on the Site infringes your copyright, please notify us in accordance with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512, using the online contact form at https://mark12thirty.com and provide us with your contact information so we can request the following:
You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
The Site may allow you to submit reviews, comments, feedback, or other content ("User Content"). By submitting User Content, you grant mark12thirty, LLC a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media or format, whether now known or hereafter developed, for any purpose, including commercial purposes.
You represent and warrant that:
We reserve the right, but are not obligated, to review, edit, or remove any User Content at our sole discretion, for any reason, without notice.
The Site may contain links to third-party websites, services, or resources that are not owned or controlled by mark12thirty, LLC. These links are provided for your convenience only. We have no control over, and assume no responsibility for, the content, privacy policies, terms of service, or practices of any third-party websites or services.
You acknowledge and agree that mark12thirty, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third-party websites or services.
The inclusion of any link does not imply endorsement, approval, or affiliation by mark12thirty, LLC of the linked website or its operator.
THE SITE AND ALL PRODUCTS, SERVICES, CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED 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, MARK12THIRTY, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MARK12THIRTY, LLC OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Some jurisdictions do not allow the exclusion of implied warranties. If these laws apply to you, some or all of the above disclaimers may not apply, and you may have additional rights under the laws of your jurisdiction.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARK12THIRTY, LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MARK12THIRTY, LLC FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY PRODUCTS PURCHASED THROUGH THE SITE EXCEED THE GREATER OF:
Some jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you may have additional rights.
The limitations of liability set forth in this section shall apply to the fullest extent permitted by law in the applicable jurisdiction, even if any remedy specified in these Terms is deemed to have failed of its essential purpose.
You agree to defend, indemnify, and hold harmless mark12thirty, LLC, its members, managers, officers, employees, agents, suppliers, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable attorneys' fees and court costs) arising from or related to:
This indemnification obligation shall survive the termination of these Terms and your use of the Site.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
Before initiating any formal dispute resolution proceeding, you agree to first contact us via the contact form at https://mark12thirty.com and attempt to resolve the dispute informally. We will attempt to resolve the dispute by contacting you via email. If a dispute is not resolved within thirty (30) calendar days of submission, either party may proceed to binding arbitration as set forth below.
Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, any products purchased through the Site, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect.
The arbitration shall be conducted by a single arbitrator. The seat of arbitration shall be Twin Falls County, Idaho. The arbitrator shall apply the substantive law of the State of Idaho without regard to its conflict of laws principles.
The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs and attorneys' fees in connection with the arbitration, except that the Company shall pay all AAA filing fees and arbitrator compensation to the extent required by the AAA Consumer Arbitration Rules.
The arbitrator shall have the authority to award any relief that would be available in a court of competent jurisdiction, provided that the arbitrator shall not have the authority to award damages in excess of the limitations set forth in Section 14 (Limitation of Liability) of these Terms.
Notwithstanding the foregoing, either party may:
You may opt out of this arbitration provision by contacting us via the online contact form at https://mark12thirty.com within thirty (30) calendar days of your first use of the Site. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of the arbitration provision in these Terms. If you opt out, all other provisions of these Terms will continue to apply.
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING AGAINST MARK12THIRTY, LLC.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU WAIVE ANY RIGHT TO A JURY TRIAL.
If any provision of this class action waiver is found to be unenforceable, then the entirety of the arbitration provision in Section 16 shall be null and void (but all other provisions of these Terms shall remain in effect), and the dispute shall be decided by a court of competent jurisdiction in Twin Falls County, Idaho.
This class action waiver is an essential part of this arbitration agreement and may not be severed from it. If this class action waiver is found to be unenforceable, then the entire arbitration agreement shall not apply; however, the remainder of these Terms shall remain in full force and effect.
These Terms and Conditions and any disputes arising out of or related to them, the Site, or any products purchased through the Site shall be governed by and construed in accordance with the laws of the State of Idaho, without regard to its conflict of laws principles.
To the extent any claim or dispute is not subject to the arbitration provisions set forth in Section 16 above, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Twin Falls County, Idaho, and you waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.
You agree that any cause of action arising out of or related to the Site or these Terms must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Applicable Legal References: Federal Arbitration Act, 9 U.S.C. §§ 1-16; Idaho Uniform Arbitration Act, Idaho Code §§ 7-901 through 7-922; Idaho Long-Arm Statute, Idaho Code § 5-514; AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011); Epic Systems Corp. v. Lewis, 584 U.S. 497 (2018); Burger King Corp. v. Rudzewicz, 471 U.S. 462 (1985).
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms. The remaining provisions shall continue in full force and effect, and the invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the original intent of the parties.
No waiver by mark12thirty, LLC 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 mark12thirty, LLC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
No waiver shall be effective unless made in writing and signed by an authorized representative of mark12thirty, LLC.
These Terms and Conditions, together with our Privacy Policy and any other legal notices or policies published by us on the Site, constitute the entire agreement between you and mark12thirty, LLC regarding your use of the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
No oral or written information or advice given by mark12thirty, LLC or its representatives shall create a warranty or in any way increase the scope of the obligations of mark12thirty, LLC under these Terms.
You may not assign or transfer these Terms, by operation of law or otherwise, without the prior written consent of mark12thirty, LLC. Any attempt by you to assign or transfer these Terms without such consent will be null and void.
mark12thirty, LLC may assign or transfer these Terms, in whole or in part, without restriction and without notice to you, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
mark12thirty, LLC shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to:
In the event of a force majeure event, our obligations under these Terms shall be suspended for the duration of the event, and we shall use commercially reasonable efforts to resume performance as soon as practicable.
When you use the Site, place an order, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically, including by email and by 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.
This consent to electronic communications applies to all notices, disclosures, agreements, and other communications related to your use of the Site and your purchases, including but not limited to order confirmations, shipping notifications, and customer service correspondence.
Your use of the Site is also governed by our Privacy Policy, which is available on the Site and is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and protection of your personal information.
By agreeing to these Terms, you also acknowledge that you have read and agree to the terms of our Privacy Policy.
If you have any questions about these Terms and Conditions, please contact us:
mark12thirty, LLC
Online Contact Form: https://mark12thirty.com
For legal notices, please include "Legal Notice" in the Subject field of your message.
