SHEN BEAUTY TERMS OF SALE
Thank you for your purchase of Shen Beauty products.
THESE TERMS OF SALE (THESE "TERMS OF SALE") GOVERN YOUR PURCHASE OF ANY PRODUCT OFFERED BY SHEN BEAUTY, LLC (“COMPANY”, “US” OR “WE”) OR OTHERWISE SOLD THROUGH THE WEBSITE LOCATED AT WWW.SHEN-BEAUTY.COM OR ANY AFFILIATED WEB SITES (COLLECTIVELY, THE “SITE”) OR BY TELEPHONE, FACSIMILE OR E-MAIL. PLEASE READ THESE TERMS OF SALE CAREFULLY. BY PLACING AN ORDER, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED AND AGREED TO BE BOUND BY THESE TERMS OF SALE. THESE TERMS OF SALE ARE SUBJECT TO MODIFICATION BY COMPANY WITHOUT PRIOR WRITTEN NOTICE AT ANY TIME. YOU SHOULD PERIODICALLY REVIEW THESE TERMS OF SALE TO ENSURE THAT YOU REMAIN UP TO DATE ON ALL SUCH CHANGES.
Date Last Modified: August 22, 2011
Availability of our products are subject to change without notice. If a product is not in stock when you place your order, we will do our best to advise you when the product will be available. Company shall not be liable for any claims or damages arising in connection with products which are out of stock or otherwise unavailable. Company reserves the right to discontinue the sale of any product or service at any time without notice to you or any other third party.
Prices shall be our published prices for the products at the Site. We reserve the right to increase the price for any product without notice to you (provided, that we will not increase prices for products which have been previously ordered by you but not yet shipped). We are not responsible for any errors on the Site. In the event a product is listed at an incorrect price due to typographical, photographic or technical error or error in pricing information received from our suppliers, we reserve the right to refuse or cancel any orders placed for that product listed at the incorrect price.
Taxes; Customs; Duties
All prices are net of any sales, use, excise, value added and similar taxes imposed by any governmental authority regardless of how denominated. You shall pay all such taxes or charges or provide us with a tax or levy exemption certificate acceptable to the applicable taxing or levying authority. You shall also pay all customs or duties charges levied by the destination country in connection with international shipments. In the event we are required to pay any taxes or other charges for which you are responsible, you shall promptly repay these amounts to us immediately upon receipt of our invoice.
We accept payment by various credit cards listed at the Site from time to time. Your credit card will be charged at the time any order is placed or, at Company’s discretion, at a later date. You hereby authorize Company to charge any credit card you may have on file with us for the full amount of the charges owing by you for any products purchased from us or at the Site. You agree not to withhold from or offset against any amount owing to us for any reason. You also agree to address any and all product and transaction claims solely with us and not to initiate, under any set of circumstances, charge refusals or charge-backs with credit card issuers, and you agree to indemnify us for any expenses or damages we may suffer on account the initiation by you of any such charge refusal or charge-back. In addition to our other rights, we reserve the right to cancel or suspend delivery of all or part of an order if you are delinquent in any payments owing to us. You agree to pay, in connection with any past due balance, (i) a late payment charge of 1½ percent per month, but not in excess of the lawful maximum, and (ii) all costs incurred by us in collecting such past due balance, including, without limitation, court and arbitration costs and attorney’s fees.
All products are shipped as described within the Site. Shipping dates are approximate, and shipping costs are as posted at the Site in connection with your order. It is your responsibility to provide accurate contact information that allows the shipper to contact you when shipment is made. We shall make every reasonable effort to meet your specified delivery date, but in no case shall we be liable to you if we are unable to meet such date. We may make deliveries in installments. Title and risk of loss transfer to you at the time we deliver any product you purchase to the applicable common carrier. You will be responsible for all shipping and related charges in the event you refuse a shipment for any reason.
You are entitled to return any product purchased through the Site which is unopened, undamaged and unused by you or any other third party, and which remains in its original packaging, so long as (i) you include any receipts or other purchase documentation with such return, and (ii) the product to be returned is delivered to United Parcel Service for shipping to us no later than 7 days from the date you received the applicable product(s). You will be responsible for return shipping costs unless we shipped an incorrect or damaged product to you. Returns will be credited to the credit card you used in making the applicable purchase. We do not offer exchanges.
You shall purchase products through the Website solely for your own use and not for resale. You agree to indemnify and hold us harmless from any claims asserted by a third party, regardless of the theory under which such claim is asserted, arising out of the resale or distribution of any products or materials by you. Also, you are not authorized to use any of our trademarks or trade names or those of our manufacturers or suppliers without our or their consents, as the case may be.
You hereby recognize Shen’s intellectual property rights in its name, the Site and all other intellectual property owned by Shen, and nothing herein shall be deemed to assign ownership of any such intellectual property to you. You will not reverse-engineer or use any product to develop similar products or materials to those purchased from the Site.
WE MAKE NO WARRANTIES, GUARANTEES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRODUCT, OR AS TO THE ACCURACY OF ANY CONTENT IN ANY COMPANY LITERATURE OR POSTED ON THE SITE. Our products are not reviewed or approved by the U.S. Food and Drug Administration, the Federal Trade Commission or any other governmental body. We make no representations or warranties regarding any health benefits which may be derived from use of any products sold through the Site or any changes and/or improvements to physical appearance. Our sole obligation in respect of defective products and your exclusive rights under our warranty are limited, at our option, to replace the products, or to refund the purchase price paid by you for the affected products.
Use of Products
Further to the disclaimer set forth above, Company makes no representations or warranties whatsoever as to the results you may obtain by using any product purchased from the Site. You acknowledge that products purchased at the Site are used at your sole risk, and Company shall not be liable in any way on account of your dissatisfaction with the results achieved from any such use or any injuries resulting therefrom. You acknowledge that our products are not intended for consumption or for children.
Unauthorized Use of Products
Company shall not be liable for any claims, damages or injuries caused by your negligence, the misuse of any of our products by you or any third party to which you provide access to our products, or any other damages or injuries arising out of your use of any of our products.
Limitation of Liability
NONE OF THE COMPANY, ITS EQUITY HOLDERS, ITS MANUFACTURERS OR SUPPLIERS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUE, LOSS OF DATA, PROCUREMENT COSTS, OR BUSINESS INTERRUPTION COSTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE THEORY UPON WHICH ANY SUCH CLAIM IS BASED.
IN NO EVENT WILL WE, OUR MANUFACTURERS, OUR AFFILIATES OR OUR EQUITY HOLDERS BE LIABLE TO YOU FOR ANY DAMAGES IN EXCESS OF (X) THE PURCHASE PRICE OF THE PRODUCTS GIVING RISE TO ANY CLAIM REGARDLESS OF THE THEORY UNDER WHICH SUCH CLAIM IS ASSERTED, OR (Y) FOR ALL OTHER TYPES OF CLAIMS, THE AGGREGATE AMOUNT PAID BY YOU TO US DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE APPLICABLE CLAIM.
The collective limitations on our liability under these Terms of Sale apply also to our suppliers who are intended beneficiaries of these limitations.
Except for payment obligations, neither of us shall be liable for any failure to perform due to causes beyond our reasonable control, respectively, including but not limited to acts of God or nature, war, fire, bad weather, flood, accident, labor trouble or shortage, civil disturbance, plant shutdown, equipment failure, voluntary or involuntary compliance with any applicable governmental regulation or order, or shortage or inability to obtain (on terms deemed practicable by the party affected) any raw materials (including energy), equipment or transportation. The time for performance shall be extended by the period of the applicable force majeure event.
u8232 Intellectual Property
f0 You hereby recognize Company’s intellectual property rights in its name, the Site, all products sold through the Site and all other intellectual property owned by Company, and nothing herein shall be deemed to assign ownership of any such intellectual property to you. Our intellectual property may include, but is not limited to, patents, patent applications, copyrights (including drawings, prints, manuals and specifications), trademarks and service marks (registered or unregistered) and applications thereof, "trade dress", and technical, proprietary and confidential information. You affirm that you are obtaining the products sold through the Site for use as intended.
You may not assign these Terms of Sale, by operation of law or otherwise, without our prior written consent. Any assignment attempted in violation of this provision shall be void and of no legal effect.
Representations and Warranties
These terms and conditions shall be governed and construed in accordance with the laws of the state of New York excluding its choice of law provisions. The United Nations Convention for the International Sale of Goods shall not apply.
We agree to attempt to resolve any disputes amicably through our respective representatives. If, after thirty (30) days we are unable to do so, then we each agree that any claim or controversy of any sort relating to our agreement shall be determined by arbitration in New York, before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or by the American Arbitration Association pursuant to its Commercial Arbitration Rules. The arbitrator shall have no power to add to, delete from or modify these Terms of Sale. Each of us shall have the right to conduct discovery to which we would be entitled had the dispute been resolved in a state court of general jurisdiction in New York. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude either of us from seeking provisional remedies in New York in aid of arbitration from a court of appropriate jurisdiction. The arbitrator may, as part of the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party. Notwithstanding the foregoing, in addition to our rights set forth above, we may initiate proceedings directly in the appropriate court located in New York in connection with any claim to collect amounts due and owing by you.
These Terms of Sale represent our entire agreement with respect to your order. No modification or amendment or waiver of rights will be effective except in a written document signed by both of us. Waiver of any breach or default will not constitute a waiver of any other right hereunder or any subsequent breach or default. We reserve the right to alter or change these Terms of Sale at any time with respect to future orders that you may place with us.
If any provision of these Terms of Sale are held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such provision shall be deemed severed from these Terms of Sale and the validity of the remainder of these Terms of Sale shall not be affected thereby.
DATE LAST MODIFIED: August 22, 2011
CHANGES TO SERVICES, AGREEMENT AND/OR WEBSITE
Shen may amend any part of this Agreement at any time, and the amended terms will be effective 2 days after initial posting at the Website. In addition, Shen may, without prior notice, add, delete or modify some or all of the Services and/or content available on the Website at any time in its sole discretion. You should review this Agreement periodically to ensure you become aware of changes which are made to this Agreement by Shen from time to time.
TERMS OF SALE
In the event you purchase any products or materials at the Website, Shen’s Terms of Sale (together with the remainder of this Agreement) shall be binding on you. [Jules – You should hotlink the “Terms of Sale” reference above to the separate Terms of Sale document]
f0 By submitting a question on any page within the Website, posting any content to the Website and/or making any submission to the Website, you hereby understand and agree that you have established a business relationship between you and Shen, which is the owner of the Website. As such, you agree that Shen may contact you using contact and/or other information you provided with information, surveys and offers of services available through Shen, the Website or any other website owned or operated by Shen or an affiliate of Shen from time to time. You hereby consent to any such communication, phone calls or e-mails even if your phone number is on any Do Not Call list or if your e-mail is on any other restricted access list. In the event you wish to opt out of receiving any such communications from Shen, please send an e-mail to firstname.lastname@example.org to be removed from this list.
Shen hereby grants you a non-exclusive, nontransferable, revocable limited license to access and use the Website and its contents, strictly in accordance with this Agreement and solely for the permitted uses described in this Agreement. This license and authorization is not a transfer of title in any content posted at the Website and is subject to strict compliance with the rules and other terms of this Agreement.
WEBSITE ACCESS AND RULES
In return for the license and authorization Shen grants you in this Agreement to use the Website, you agree to abide by all the terms of this Agreement and any additional restrictions displayed on the Website, as and when they are updated from time to time, including, without limitation, the rules in this Section. This Section includes certain activities that are expressly not permitted on this Website. Inclusion of these prohibited uses is not intended and should not be construed to modify any description of permitted uses in this or any other Section of this Agreement and you may not construe the fact that a particular activity is not described as a prohibited use in this Section as an indication of permission to engage in that activity if it is not consistent with the permitted uses. Shen reserves the right to remove any content you post to the Website, block the sending of any inquiry or other content it deems inappropriate in its sole discretion, and may terminate your or any other user’s access to the Website at any time in its sole discretion for any or no reason. While Shen reserves the right to monitor all postings and/or content posted at the Website, it has no obligation to do so.
1. Permitted Uses. You may use the Website only in good faith for your own use for the purposes described herein. You may download and print out portions of the content from the Website for non-commercial purposes provided that you follow the rules in this Agreement.
2. Distribution. Except as expressly permitted under other provisions of this Agreement, you may not modify, reproduce, duplicate, copy, photocopy, print, republish, display, translate, transmit, distribute, sell, resell, rent, lease, loan, exploit, reduce to any electronic medium or machine-readable form, or otherwise make available in any form or by any means all or any portion of the Website, the content or any information or materials retrieved from either of them, including, without limitation, graphics and logos, in whole or in part, for any purpose without Shen’s express prior written consent and approval (which consent may be withheld at Shen’s sole discretion).
3. Derivative Works. You may not create compilations or derivative works of the Website, the Website content or any other materials from the Website.
5. Infringement. You may not use the Website, the Website content, or any other materials from the Website in any manner that may infringe upon any copyright or other intellectual property right, proprietary right, or property right of Shen or any third party.
6. Information Distribution. You may not use the Website or any communications service, chat room, message board, blog, forum, newsgroup, or other interactive service that may be available to you on or through the Website to transmit, upload, post, distribute or facilitate distribution of, or otherwise make available any information or content, including text, communications, software, images, sounds, data or other information, that:
i. is false;
ii. contains explicit or graphic descriptions or accounts of sexual acts, including, without limitation, sexual language of a violent or threatening nature directed at another individual or group of individuals;
iii. you are restricted from using under contractual restrictions or fiduciary obligations, including, without limitation, inside information and proprietary and confidential information learned or disclosed as part of an employment relationship or under nondisclosure agreements;
iv. you are restricted from using under any law;
v. infringes upon the intellectual property rights of any third party; or
vi. contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage, or limit the functions of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any other party.
7. Other Prohibited Uses. You may not use the Website for any purpose that:
i. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or otherwise violates Shen’ rules or policies;
ii. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or any other classification protected by law;
iii. invades any person’s or entity’s privacy or other rights;
iv. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
v. misidentifies yourself or impersonates any person or entity, including, without limitation, any employee or representative of Shen, or falsely states, implies, or otherwise misrepresents your affiliation with a person or entity by, for example, pretending to be someone other than yourself or pretending to represent a company or organization that you are not affiliated with or authorized to represent; or
vi. could otherwise reasonably be deemed or viewed to be unethical, illegal or offensive.
8. Others’ Personal Information. You may not knowingly solicit or collect personal information from a child 12 years old or younger without appropriate prior verifiable parental consent.
9. Harm to Minors. You may not take any action on the Website or use the Website content to harm minors in any way.
10. Solicitation. You may not use the Website or any Website content to solicit business or to advertise any product or service, or in a manner that violates any state or federal law regulating commercial e-mail, facsimile transmissions or telephone solicitations.
Certain portions of the Website may be limited or restricted to registered members or may otherwise require that you provide certain information. By using any such service or portion of the Website, you represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain and promptly update the accuracy of the information; (c) the person submitting information to Shen is 18 years of age or older; and (d) your use of such services does not violate any applicable law or regulation. Shen shall have the right to terminate or limit your access to any restricted area in its sole and absolute discretion at any time and for any reason. You are solely responsible for any and all use of your account. You are solely responsible for your interactions with other companies and/or individuals through the Website or in connection with the Website.
COPYRIGHT AND TRADEMARK NOTICES
f0 All contents of the Website are: Copyright © 2011 Shen Beauty, LLC. All rights reserved. Other product, material and/or company names mentioned herein or within the Website may be the trademarks or service marks of their respective owners. To this end, you may not, without the prior, written consent of Shen (which consent may be withheld at Shen’s sole discretion) or the applicable copyright holder (which consent may be withheld at the sole discretion of such holder), modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the content posted at the Website or otherwise owned by Shen or any of its licensors.
In exchange for your use of the Website, you hereby grant to Shen an unlimited, irrevocable, fully-paid, transferable, non-exclusive worldwide license to use, reproduce, modify, publish, edit, translate, distribute, perform and display any content, photographs or other materials you post to the Website or any forum contained in the Website, alone or as part of other works in any form, media or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees. Shen does not assert any ownership over your content or any Posting; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your content and any intellectual property rights or other proprietary rights associated therewith subject to the license granted herein.
DISCLAIMERS AND LIMITATIONS
f0 Shen intends that the information contained in the Website be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein or on the Website may be made by Shen at any time. THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS, WHERE IS AND AS AVAILABLE." SHEN AND/OR ITS SUPPLIERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE AND ANY INFORMATION, SOFTWARE, PRODUCTS, MATERIALS AND SERVICES PROVIDED WITHIN OR THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, OR (II) AS TO THE RESULTS THAT MAY BE OBTAINED BY USE OF THE WEBSITE, THE SUBMISSION OF ANY INQUIRY OR ANY OTHER USE OF SHEN’S SERVICES. USE OF THE WEBSITE AND/OR SHEN’S SERVICES IS AT YOUR OWN RISK. SHEN IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, PRODUCTS AND/OR SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SHEN HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. In all events, the aggregate liability of SHEN, its owners and agents for any reason and upon any cause of action, whether in contract, tort or otherwise, shall not exceed the amount of fees paid by you to SHEN during the 1-month period immediately preceding the date on which the applicable claim arose.
UNAVAILABILITY OF WEBSITE
You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet and the Website. While it is Shen’s objective to make the Website accessible 24 hours per day, 7 days per week, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. In addition, various portions of the Website may operate slowly from time to time. You understand and acknowledge that due to circumstances both within and outside of the control of Shen, access to the Website may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, Shen shall not be liable in any way for any delay in responding to an inquiry or question forwarded by you or the effects any delay or unavailability may have on you. YOU AGREE THAT SHEN SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE AND THAT YOU SHALL PUT IN PLACE CONTINGENCY PLANS TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS OR SUSPENSIONS OF THE WEBSITE.
RELEASE AND INDEMNITY
f0 Release. Without limiting the generality of the disclaimers set forth in this Agreement, you hereby waive and release Shen, Shen’s manufacturers and affiliates and each of their respective past and present equity owners, directors, managers, members, shareholders, officers, employees, agents, contractors and representatives, successors and assigns (collectively, “Shen Releasees”) from any damages and claims of any sort, whether direct or otherwise, that arise out of or result from your use of the Website, the Website content and any products offered through the Website.
Indemnity. You will indemnify and hold harmless the Shen Releasees against any claim or demand made by any third party and any damages, costs, liabilities and expenses, including, without limitation, attorneys’ fees, any indemnified party incurs as a result of such a claim or demand arising out of (a) any content you submit or post to or transmit through the Website, (b) your use of or connection to the Website, (c) your violation of this Agreement or your violation of any rights of another person, (d) any activity carried out by another person using your account or password with your knowledge or (e) any product liability or other liability associated with any product or material you purchase from a manufacturer or distributor.
THIRD PARTY CONTENT
a. General. The Website and the Website content may contain or provide access to content provided by third parties, including, without limitation, information, dialogue, opinions, stories, advice, statistical data, text, software, music, sound, photographs, graphics, video, messages, and other materials, whether publicly or privately posted to or e-mailed or otherwise transmitted through the Website (“Third Party Content”) that may include content you find to be offensive, indecent or objectionable. The third party from whom Third Party Content originates is solely responsible for it and Shen assumes no responsibility to verify, has no control or influence over, makes no representations regarding, and does not guarantee the accuracy, integrity or quality of any Third Party Content. Accordingly, Shen has no liability of any kind to you or any other person relating to any Third Party Content, including, without limitation, mistake, misstatement of law, omission, falsehood, defamation, obscenity, pornography, profanity, opinion, representation, and any other content contained in the Third Party Content or for any loss or damage of any kind incurred as a result of the use of any Third Party Content. Statements of opinion and commentary in Third Party Content are those of the third party and, unless Shen expressly states in writing to the contrary, Shen neither endorses nor adopts as its belief any such statements. Shen provides information in articles Shen posts or links to through the Website only for educational and general informational purposes and not as professional advice. Shen has made no attempt to verify any information contained in such articles.
b. Links. As a convenience to you, the Website may contain links to websites that are owned and operated by third parties that are not affiliated with Shen. When you use these links, you will leave the Website and Shen will have no ability to protect your interests. You visit linked websites at your own risk and it is your responsibility to take any protective measures to guard yourself and your computer against viruses and other destructive elements. Shen is not responsible for and, unless it expressly states otherwise in writing, makes no warranty or representation regarding and does not endorse any linked website or any service, product or information provided on or through the linked website.
ERRORS AND DELAYS
f0 Neither Shen, any supplier or licensor or any owner or agent of any such person or entity is responsible for any errors or delays in responding to an inquiry, question or submission, including, without limitation, those caused by (i) an incorrect e-mail address or telephone number provided by you, (ii) the failure of any individual to timely respond to a question or submission, or (iii) technical problems.
f0 Any claim or controversy arising out of or relating to the use of the Website or to any acts or omissions for which you may contend Shen is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of JAMS in force at that time. The arbitration shall be venued in New York. The arbitrator shall be selected pursuant to the JAMS rules. Should no JAMS rule regarding the selection of an arbitrator be in effect, you shall select an arbitrator from a panel of arbitrators acceptable to Shen. The costs of arbitration shall be paid by the non-prevailing party.
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in New York. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages, as limited, however, by the Disclaimers and Limitations Section of this Agreement, and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this Agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Shen, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in New York. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees from the non-prevailing party.
f0 This Agreement, together with the Terms of Sale and any other policies or agreements posted at the Website from time to time, constitutes the entire agreement between you and Shen and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Shen with respect to the Website and information, software, products, materials, programs and Services associated with it. This Agreement shall be subject to and construed in accordance with the laws of the State of New York, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
Shen’s contact information, should you need to contact Shen for any reason or should need to return any product as permitted within the Terms of Sale, is:
f0 315 Court Street
f0 Brooklyn, New York 11281
f0 Customer Service: (718) 576-2679
f0 E-mail: email@example.com
DATE LAST MODIFIED: August 22, 2011
A Special Note About Children. Children are not eligible to use our Services and we ask that minors (under the age of 13) do not submit any personal information to us or use the Services. Shen Beauty does not collect or maintain information from those actually known to be under the age of 13, and no part of Shen Beauty’s website or services is structured to attract anyone under the age of 13.
Important Categories of Information for you to Know:
1. Who we are
2. Information we may collect at the Website
3. How your information is used
4. Altering the information you submit through the Website
1. Who We Are. Shen Beauty operates a website located at www.shen-beauty.com (the “Website”) and sells certain product to its customers through the Website.
2. Information We Collect. There are several areas on the Website or in connection with purchasing products or submitting information where you may be asked to enter both personal and non-personal information. We DO NOT sell or share any personal information about you to or with any person or organization except (i) as authorized by you, (ii) as set forth in the relevant portion of the Website, (iii) in connection with providing various products or Services to you, (iv) as may be required by law or court order, or (v) as otherwise set forth herein. In particular, and not in limitation of the foregoing, information you enter at the Website will be shared with the vendor(s) or third party services providers with which Shen Beauty has entered into a business relationship in order to offer access to the Website, provide credit card services and/or fulfill orders placed through the Website.
(a) Information we receive from you. To use certain of Shen Beauty’s Services and/or to purchase products through the Website, you'll need to provide certain personal information which may include, without limitation, your name, shipping address, phone number, credit card information and/or e-mail address, as well as other information.
(b) Technical information we collect. In order for Shen Beauty to ensure that we are providing the best possible consumer experience on the Website, we collect and track certain user information. When you visit the Website, our Web server sends a cookie to your computer. This cookie stores a limited amount of information about your site visit. The cookie tracks aggregate information on how our site is being used, including session counts, navigation patterns, pages visited, etc. These cookies, however, do not store any personally identifiable information such as your name, email address or phone number as you browse the site. When you submit a question, we store your cookie identification in our system. This cookie allows our site to recognize you when you return. Shen Beauty may also utilize Web Logs to track aggregate information about how our site is being used. Web Logs track anonymous user information, including the number of visitors to the Website, operating systems, Internet Provider addresses (if publicly available), and browser type. Unlike cookies, Web Logs are maintained only on Shen Beauty servers and do not store or place anything on the user's computer.
f0 If you come to the Shen Beauty Website from an online banner ad, an anonymous identification number may be passed to the Website. This information cannot be used to gather any personally identifiable information about you. It will only allow us to track the overall effectiveness of our online advertising, marketing and banner advertisement campaigns.
(c) Information from surveys. You may have the option of completing an online survey at the Website from time to time. Participation in surveys is completely voluntary and it is your choice whether or not you wish to disclose your personal information to us in connection with any such survey.
(d) Information from the "Contact Us" section of the Website. You may contact Shen Beauty through the "Contact Us" feature. Participation in this area is completely voluntary and it is your choice whether or not you wish to disclose your personal information to us.
(e) Information collected other sections of the Website. Shen Beauty may, from time to time, make various resources available to you at the Website. At times we may collect personal information in connection with providing such services.
3. How your information is used. We use the information you provide to provide the applicable Services to you or to complete orders for products you purchase at the Website. Shen Beauty may also share certain aggregated data with other third parties for general marketing and demographic purposes; however, this data does not include any of your personal identifying information. Some of our Services may be offered in conjunction with partner companies, affiliates or other companies or websites with which we work. In order for us to provide these Services to you, it may be necessary for us to share your personal information with one of such entities. These parties are not allowed to use personally identifiable information except for the purpose of providing these Services. If you do not want your data to be shared, you can choose not to allow the transfer by not using that particular Service.
In addition, Shen Beauty may disclose account or other personal information when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with Shen Beauty’ rights or property, other Website users or anyone else that could be harmed by such activities.
4. Altering Information You Submit.
(a) Deleting your information. Federal and state regulations may require that we store questions or submissions for various periods of time. In order to comply with these regulations, we may be unable to delete information from our databases.
(b) Request to stop receiving emails from us. Periodically, Shen Beauty may send you emails to alert you to various opportunities or offers available at the Website. If you do not wish to receive any of these offers, please send an e-mail to firstname.lastname@example.org to remove yourself from our mailing list.
f0 Shen Beauty uses extensive and sophisticated secure technology to protect your data and transmissions between you and Shen Beauty. Transmission between browsers and our web server is implemented using Secure Sockets Layer (SSL) technology. This technology requires an SSL-capable browser. Although Shen Beauty has taken these reasonable and appropriate measures to ensure that your personal information is delivered and disclosed only in accordance with your instructions, Shen Beauty cannot and does not guarantee that the personal information you provide will not be intercepted by others and decrypted.
We may, in the future, sell or otherwise transfer some or all of our assets or equity to a third party. Your personally identifiable information and other information we obtain from you via the Website may be disclosed to any potential or actual third party purchasers of such assets or equity and may be among the assets transferred.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.