Terms & Conditions
Last updated: August 15, 2018
Shade Beauty provides the content, products, and services on this website to you subject to these Terms and Conditions (hereinafter "Terms and Conditions"). Please read these Terms and Conditions before using the Shade Beauty Website, http://www.shopshadebeauty.com. These Terms and Conditions apply to all individuals who visit this website.
Privacy Policy
Please review our Privacy Policy for more information about our practices with personal information.
Accounts
When individuals who use this website create an account with Shade Beauty, they must provide Shade Beauty with complete, accurate, and current information. Said individuals are responsible for ensuring the safeguarding of their password. Said individuals further agree not to share their password with any third party.
Reselling
The products that are available on this website for purchase by consumers, and any free samples or gifts with purchase (collectively, "products") that may be made available to consumers, are for personal use only. You may not sell or resell any of the products you purchase from this website.
Right to Cancel Orders or Reduce Quantity
Shade Beauty reserves the right, with or without notice, to cancel or reduce the quantity of any order placed on this website that Shade Beauty believes may be in direct violation of these Terms and Conditions. Shade Beauty has sole discretion in making these decisions.
Intellectual Property
All information and content on this website, including but not limited to photographs, text, and logos (collectively, "content"), is the property of Shade Beauty. Said content is protected by United States and international laws, including laws governing copyrights and trademarks. None of the content on this website, or any portion of it, may be used in any form without prior express, written content, for any purpose. Using content includes, but is not limited to, duplicating, copying, selling, or modifying.
Third Party Links
Shade Beauty is not responsible for any content on any external website links that may appear on our website. Shade Beauty makes no such warranties regarding any external third-party website, nor do we evaluate said websites for content.
Indemnification
Individuals who use this website agree to defend, indemnify, and hold Shade Beauty harmless for any loss, damages, or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, or demand arising from your use of this website in violation of any law, rule, regulation, or these Terms and Conditions.
Disputes
With regard to any dispute, claim, or controversy regarding this website, all legal actions shall be governed by the laws of the State of Michigan, as if these Terms and Conditions were a contract wholly entered into and wholly performed within the State of Michigan, and without regard to any conflict of law provisions. Any dispute regarding an individual's use of this website, these Terms and Conditions, or the relationship between Shade Beauty and individuals using this website (other than claims relating to the international property rights of Shade Beauty) shall be submitted to confidential arbitration in the State of Michigan and individuals who use this website agree to submit themselves to the jurisdiction and proceedings of the State of Michigan. Arbitration means that an arbitrator(s) will decide any claim, and that individuals who use this website will not have the right to sue in court or to have a judge or jury hear or decide your claim. Please note when it comes to arbitration, the rights of individuals who use this website may be limited, such as your rights to discovery and appeals. Moreover, any disagreement regarding this provision on arbitration, and any dispute as to whether a potential claim is arbitral, shall be submitted to the arbitrator(s) for decision. Notwithstanding the foregoing, to the extent that you have violated or threatened to violate the intellectual property rights of Shade Beauty, Shade Beauty may seek injunctive action or other appropriate relief in any court of competent jurisdiction and individuals who use this website consent to the jurisdiction and venue in any court for such purposes. Furthermore, arbitration under this provision shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Individuals using this website agree that any arbitration or proceeding shall be limited to any dispute between that individual and Shade Beauty and that no arbitration or proceeding shall be joined with any other dispute. Moreover, there is no right for any dispute to be arbitrated or resolved through a class action or with class action procedures. Individuals agree that they have no right or authority to bring forth any dispute in a purported representative capacity on behalf of other individuals who use this website, the general public, or any other person(s). Individuals who use this website agree that they may bring claims against Shade Beauty only in their individual capacity and not as a plaintiff or class action member in any purported class or representative proceeding.
Consent to Receive Electronic Notices Via E-Mail and by Posting on this Website
Individuals who use this website consent to receive any agreements, notices, disclosures, and other communications to which these Terms and Conditions refer from us electronically, including without limited by e-mail or by posting notices on this website. Individuals who use this website consent to these agreements, notices, disclosures, and other communications that are sent via e-mail or by posting on this website satisfy any legal requirement that such communications be in writing. If any individual who uses this website wishes to withdraw consent of receiving any such agreements, notices, disclosures, or other communications via e-mail, you must notify Shade Beauty in writing of your withdrawal of consent by e-mailing Shade Beauty at shadebeauty@yahoo.com, and in addition, discontinue use of this website.
Shipping
Shade Beauty is not responsible for any orders that are lost, mis-delivered, non-delivered, and/or stolen. If an individual uses this website to place an order and puts a different name than that which the United States Postal Service has registered as living at that address, and for some reason the package is not delivered, Shade Beauty is not responsible.
Miscellaneous
Individuals who use this website agree that these Terms and Conditions constitute the complete and exclusive agreement concerning their use of this website, and supersede and govern all prior proposals, agreements, or other communications. Shade Beauty reserves the right, in its sole discretion, to change these Terms and Conditions at any time. Any changes are effective immediately. Continued use of this website after any amendments to the Terms and Conditions have been made constitutes agreement to those Terms and Conditions.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between individuals who use this website and Shade Beauty.
Shade Beauty's failure to enforce any right or provision contained in these Terms and Conditions will not be considered a waiver of any right(s). If any provisions of these Terms and Conditions is held to be invalid or unenforceable by a court, the remaining provisions of these Terms and Conditions will remain in effect.
If any individual who uses this website should have any further questions regarding these Terms and Conditions, please e-mail Shade Beauty at shadebeauty@yahoo.com.