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Terms of Service

Last updated September 12, 2021

Welcome to the VELOURS CHEVEUX website, shaehair.com (the “Site”). The Site is operated by Shae Hair, LLC, doing business as

VELOURS CHEVEUX. (the “Company,” “we,” “us,” “our”). By accessing or using our Site you signify that you have read, understand

and agree to be bound by these Terms of Service ("Terms of Service"), regardless of whether you are a registered

user of the Site. If you do not agree to these Terms of Service, then do not use the Site.

THESE TERMS OF SERVICE CONTAIN, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A

CLASS ACTION WAIVER. PLEASE READ THE MISCELLANEOUS SECTION BELOW FOR ADDITIONAL

INFORMATION.

These Terms of Service are effective as of the date posted above and we will not be bound by any additional or

different terms or other documents that are inconsistent with these Terms of Service. Company may modify or

update these Terms of Service at any time by posting the amended terms on the Site and such terms shall be

effective for all use of the Site and Services (as defined below) once they are posted. Your continued access to the

Site and/or use of the Site or the Services provided on the Site following the posting of any additional or different

terms in the Terms of Service constitutes your acceptance of those additional or different terms. Company, in its sole

discretion, may also add, delete or change some or all of the features of the Site or Company's Services at any time.

These Terms of Service govern your access and use of the Site and all content, Services and/or products provided

through the Site. Please read these Terms of Service carefully before using the Site. If you violate any of these Terms of

Service (which incorporate by reference the Company's Privacy Policy, or otherwise violate an agreement

between you and us, the Company may terminate your registration, delete your profile and any content or

information that you have posted on the Site and/or prohibit you from using or accessing the Site (or any portion,

aspect or feature of the Site), at any time in its sole discretion, with or without notice.

As used herein, “User” or "Users" means anyone who accesses and/or uses the Site.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our

products and services to you.

1. Description of the Services

Subject to the terms and conditions specified herein, Company offers Users information regarding our products and

allows Users to purchase such products through the Site; the Site also allows Users the possibility to post reviews

(or other user generated content), establish an account, sign up for product waitlists, participate in a contest or

promotion, submit feedback or user comments, complete optional surveys, contact customer service or otherwise

interact with the Site (the “Services”). Certain of our Services require Users to provide personal information, as

detailed in our Privacy Policy.

2. Collection of Customer Data

If you wish to purchase products from the Site or obtain information regarding the Services, we or our e-commerce

provider will obtain contact and payment information from you (“Customer Data”). Certain payment and processing

options may direct you away from the Site to a third-party site.

By providing Customer Data, you agree: (i) to these Terms of Service; (ii) to provide true, accurate, current and

complete Customer Data; (iii) to maintain and promptly update the Customer Data to keep it true, accurate, current and

complete; (iv) for security reasons, to maintain the confidentiality of Customer Data; (v) to ensure that you

properly exit from your account at the end of each session and to immediately notify Company of any unauthorized

use of your account or any other breach of security; and (vi) to take full responsibility for all activities that occur

under any customer account created for your use.

Company is not responsible for any loss or damage arising from your failure to comply with the foregoing

requirements. If you provide any information that is untrue, inaccurate, not current or incomplete, or to which you do

not have rights, or if Company has reasonable grounds to suspect that such information is untrue, inaccurate, not

current or incomplete, Company may suspend or terminate your account and refuse any and all current or future use

of the Services (or any portion thereof).

3. Eligibility

This Site is intended solely for Users who are at least 16 years of age or older, and any registration by, use of or

access to the Site by anyone who is not at least 16 years of age is unauthorized, unlicensed and in violation of these

Terms of Service. By using the Services or the Site, you represent and warrant that you are at least 16 years of age

or older, and that you agree to abide by all of the terms and conditions of these Terms of Service. If you violate any of

these Terms of Service, or otherwise violate an agreement between you and us, or for any other reason, the

Company may terminate your registration and any content or information that you have posted on the Site and/or

prohibit you from using or accessing the Services or the Site (or any portion, aspect or feature of the Services or the

Site), at any time in its sole discretion. You agree that the Company will not be liable to you or any third party for any

termination of your membership, account, or use of or access to the Site or the Services.

4. Proprietary Rights

Company retains all right, title and interest in and to the Services, as well as all data, information, content and

materials provided on the Services. Company further retains all right, title and interest in and to the business

processes, procedures, methods and techniques used within the Services and all patent rights, copyright rights,

trademark rights, trade secret rights and other intellectual property and proprietary rights therein existing anywhere

in the world ("Intellectual Property") to such Services. All content on the Site, including but not limited to designs,

text, graphics, pictures, video, information, software, music, sound and other files, and their selection and

arrangement (the "Site Content"), are our proprietary property with all rights reserved. No Site Content may be

modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold

in any form or by any means, in whole or in part, without our prior written permission. Such unauthorized use may

also violate applicable laws including without limitation copyright and trademark laws and applicable

communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be

construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

5. Content of Site and Products

While we try to maintain the accuracy of the Site, we are not responsible if information on the Site is not accurate,

complete or current. Any reliance on the material on this Site is at your own risk. Prices and descriptions for our

products are subject to change without notice. We shall not be liable to you or to any third-party for any

modification, suspension or discontinuance of the Site or the Services.

Information on the Site regarding our products may contain typographical errors, inaccuracies or omissions that may

relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We

reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel

orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted

your order).

We undertake no obligation to update, amend or clarify information on the Site, including, without limitation, pricing

information, except as required by law. No specified update to the Site should be taken to indicate that all the

information on the Site has been modified or updated.

Products available through the Site are subject to our Return Policy. Certain products may be available in limited

quantities. Although we have made every effort to display as accurately as possible the colors and images of our

products that appear on the Site, we cannot guarantee that your device or computer monitor’s display of any color

will be accurate. We reserve the right to limit the quantities of any products that we offer and to discontinue any

product at any time.

We reserve the right to refuse any order you place with us and, in our sole discretion, may limit or cancel quantities

purchased per person or per order. In the event that we make a change to or cancel an order, we will attempt to

notify you by contacting the e-mail and/or billing address or phone number provided at the time the order was

made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized

dealers, resellers, or distributors.

6. Content Submitted by Users

By providing information through the Site, including any product reviews, photographs, comments or other

submissions (“Submission”), you certify that your Submission consists of original material to which you have all the

rights; that your Submission does not violate the rights of any third party, including, without limitation, copyright,

trademark, patent, privacy or any rights creating claims for idea misappropriation or the right of publicity; that your

Submission does not contain any material that is abusive, vulgar, threatening, harassing, libelous, defamatory,

obscene or that is known to be false; and that your Submission does not include any private or personally

identifiable information regarding any third party.

By providing your Submission, you grant the Company a non-exclusive, perpetual, irrevocable, transferable and

sublicensable worldwide right and license to use, reproduce, modify and otherwise exploit your Submission, with or

without attribution, and hereby waive all moral rights therein; without limiting the foregoing, you further acknowledge

and agree that any Submission will not be returned or kept confidential; that the Company is not obligated to use or

pay you for the Submission; that the Company may publish the Submission in perpetuity in all markets worldwide

and in any and all media now known or hereafter discovered, including the Site; that the Company may edit or

remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory,

pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of

Service; that the Submission may be edited for length, clarity and/or functionality; that we may display your name in

conjunction with the Submission; and that your Submission may be shared with legal authorities if the Company

believes it is warranted or appropriate, or pursuant to a legal request.

7. Referral Program

The Company may at its discretion provide you with the opportunity to refer customers to the Company (“Referral

Program”). In submitting referrals to the Company, you acknowledge that you have the right to make such referrals,

that your referrals do not violate the privacy or other rights of third parties, and that your referrals do not violate any

of these Terms of Service. You further acknowledge that the Company in its sole discretion may terminate the

Referral Program at any time. If the Company terminates the Referral Program, it will have no obligation to

compensate you for any referrals and your right to make referrals will terminate.

8. Prohibited Conduct

You agree to use the Site and Services only for purposes that are legal, proper and in accordance with these Terms

of Service and any applicable laws, rules and regulations.

You may not:

  • use the Site or the Services in any manner that could damage, disable, overburden, or impair the Site or the

    Services, or interfere with any other party's use and enjoyment of the Site or the Services;

  • attempt to gain unauthorized access to the Site, the Services, or the devices, computer systems or networks

    connected to the Site or the Services through hacking, password mining or any other means;

  • create user accounts by automated means or under false or fraudulent pretenses;

  • transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;

  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and

    publicity) of others;

  • upload, post, email or transmit, or otherwise make available through the Site or the Services any inappropriate,

    defamatory, infringing, obscene, or unlawful content;

  • upload, post, email or transmit, or otherwise make available through the Site or the Services any content that

    infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the

    owner of such rights or have the permission of the owner to post such content;

  • upload, post, email or transmit, or otherwise make available through the Site or the Services any materials that

    promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else

    prohibited by law;

  • run Mail list, Listserv, or any form of auto-responder or "spam" on the Site or the Services;

  • use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site,

    including to engage in the practices of "screen scraping," "database scraping" or any other activity with the

    purpose of obtaining content or other information;

  • interfere or attempt to interfere with the proper working of the Site or the Services or any activities conducted on

    the Site or the Services, including to utilize framing techniques to enclose any Site Content or other proprietar

    information Site's pages;

  • download any file posted by another user that you know, or reasonably should know, cannot be legally

    distributed in such manner;

  • impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or

    proprietary designations or labels of the origin or source of any materials;

  • remove any copyright, trademark or other proprietary rights notices contained in or on the Site or the Services;

  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site

    or the Services or collect information about its Users for any unauthorized purpose;

  • submit content that falsely expresses or implies that such content is sponsored or endorsed by the Company,

    any of its affiliates or any third parties;

  • use the Site or the Services for any illegal or unauthorized purpose (including, without limitation, in violation of

    any United States federal and state laws or regulations, or equivalent laws or regulations in foreign jurisdictions;

  • promote or provide instructional information about illegal activities or promote physical harm or injury against

    any group or individual;

  • share or disclose with anyone any information obtained through the Site or the Services about any investment

  • offerings; or

  • use the Site or the Services for any commercial purpose whatsoever other than for your personal use.

9. Linked Sites

The Site may contain links to other Internet sites, applications and resources. Links found on the Site may let users

leave the Site and go to sites operated by parties other than the Company, including sites for payment for Services

or other functions. The Company does not endorse, and is not responsible or liable in any way for any content,

advertising, services or goods on or available from such linked sites, applications or resources. The linked sites,

applications or resources are not under the control of the Company and we are not responsible for the contents of

any linked site, application or resource, or any link contained in a linked site, application or resource that is not

owned and operated by the Company, or any changes or updates to such sites, applications or resources. Such links

to sites, applications or resources maintained by third parties do not constitute an endorsement, guaranty, or

warranty by the Company, or any of its affiliates, of any third party or their content, nor the existence of a

partnership, joint venture, agency, or other relationship between the Company, or any of its affiliates, and any linked

third party or their content. The Company does not assume any responsibility or liability for the actions, products,

content and/or information of these and other third parties and/or their sites, applications or resources. Third

parties’ sites are not subject to our Terms of Service and Privacy Policy. You should carefully review their privacy

statements and other conditions of use.

10. Text Messaging

If you choose to receive from or send to Company any text messages, Company will not charge you for the text

messaging; however, standard text messaging rates will apply to each text message sent or received as provided in

your wireless rate plan (contact your carrier for pricing plans and details). For more information, please see our

Messaging Terms & Conditions.

11. Disclaimers

YOU UNDERSTAND THAT THE PROCESSING AND TRANSMISSION OF COMMUNICATIONS RELATING TO THE

USE OF THE SITE OR THE SERVICES, INCLUDING YOUR DATA, MAY INVOLVE TRANSMISSIONS OVER

VARIOUS NETWORKS AND CHANGES TO CONFORM AND ADAPT TO TECHNICAL REQUIREMENTS OF

CONNECTING TO VARIOUS NETWORKS OR DEVICES. THEREFORE, YOU AGREE THAT COMPANY WILL NOT

BE LIABLE FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY DATA,

INFORMATION OR CONTENT TRANSMITTED BY YOU THROUGH THE SITE.

COMPANY PROVIDES THE SITE AND THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT

ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE UNDER

APPLICABLE LAW, COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT

LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE

AND NON-INFRINGEMENT. COMPANY MAKES NO REPRESENTATION OR WARRANTY, AND HEREBY

DISCLAIMS ANY REPRESENTATION OR WARRANTY, THAT (I) THE SITE OR THE SERVICES WILL MEET YOUR

EXPECTATIONS OR REQUIREMENTS, (II) THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY,

ACCURATE, SECURE, COMPLETE OR ERROR-FREE, (III) ANY RESULTS OR INFORMATION THAT MAY BE

OBTAINED FROM THE USE OF THE SITE OR THE SERVICES WILL BE ACCURATE, TIMELY, COMPLETE OR

RELIABLE AND (IV) ANY ERRORS IN ANY SOFTWARE USED ON THE SITE OR IN CONNECTION WITH THE

SERVICES WILL BE CORRECTED. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS

FACTORS OUTSIDE OF COMPANY'S CONTROL INCLUDING, BUT NOT LIMITED TO, TELECOMMUNICATIONS

NETWORK DISRUPTIONS. COMPANY IS NOT RESPONSIBLE AND WILL HAVE NO LIABILITY FOR ANY

FAILURES OF THE INTERNET OR ANY DATA OR TELECOMMUNICATIONS EQUIPMENT, SYSTEM OR NETWORK

USED IN CONNECTION WITH THE SITE OR THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY

APPLICABLE LAW, WE MAKE NO, AND DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES WITH REGARD

TO THE SUFFICIENCY OF THE SECURITY MEASURES USED FOR DATA HANDLING AND STORAGE, AND WE

WILL NOT BE RESPONSIBLE FOR ANY ACTUAL, CONSEQUENTIAL SPECIAL OR INCIDENTAL DAMAGES THAT

RESULT FROM A LAPSE IN COMPLIANCE WITH OUR PRIVACY POLICY BECAUSE OF A SECURITY BREACH OR

TECHNICAL MALFUNCTION.

WHILE WE HAVE ENDEAVORED TO CREATE A SECURE AND RELIABLE SITE, THE COMPANY IS NOT

RESPONSIBLE FOR THE SECURITY OF INFORMATION TRANSMITTED VIA THE INTERNET,

THE ACCURACY OF THE INFORMATION CONTAINED ON THE SITE, OR FOR THE CONSEQUENCES OF ANY RELIANCE ON SUCH INFORMATION. YOU MUST MAKE YOUR OWN DETERMINATION AS TO THESE MATTERS. THE COMPANY AND

ITS AFFILIATES SHALL NOT BE LIABLE FOR DAMAGES AS A RESULT OF ANY DELAY OR OTHER FAILURE OF

PERFORMANCE DUE TO CAUSES BEYOND ITS REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION,

ACTS OF GOD, ACTS OF CUSTOMER OR ANY OF ITS REPRESENTATIVES, ACTS OF MILITARY OR CIVIL

AUTHORITIES, FIRE OR OTHER CASUALTY, STRIKES, LOCKOUTS, WEATHER, EPIDEMIC, WAR, RIOT,

TERRORISM, TELECOMMUNICATIONS INTERRUPTIONS OR COMPUTER VIRUSES. THE SITE MAY BE

TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS.

12. Limitation on Liability

IN NO EVENT SHALL COMPANY, ITS AFFILIATES OR ITS LICENSORS, TOGETHER WITH ITS AND THEIR

RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS (THE “COMPANY

PARTIES”), BE LIABLE (HOWEVER ARISING, INCLUDING NEGLIGENCE) FOR (I) ANY LOST OR CORRUPTED

DATA, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF

COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) THE COST OF PROCURING

SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION

OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT

PERMISSIBLE UNDER APPLICABLE LAW. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW,

COMPANY'S AND COMPANY PARTIES’ COLLECTIVE AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN

ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AGGREGATE OF THE AMOUNT PAID BY YOU

TO THE COMPANY FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING

THE DATE THAT ANY CLAIM ARISES OR (B) $100.

13. Indemnity

Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold Company and its

affiliates, together with its and their respective employees, agents, directors, officers and shareholders, harmless

from and against all liabilities, losses, claims, damages, costs and expenses (including reasonable attorneys' fees

and costs including any incurred in enforcement of this provision) arising out of (i) your use or misuse of the Site or

the Services, (ii) your breach or alleged breach of these Terms of Service, and (iii) your violation of any law, rule,

regulation or violation of any rights of others in connection with your use of the Site or the Services.

14. Termination

You agree that Company, in its sole discretion and without prior notice or liability to you, may issue a warning,

temporarily suspend, indefinitely suspend, or terminate your account, at our sole discretion, for any reason, whether

with or without cause or warning, and without liability. In the event of termination of your account, the Company may

delete and/or store, in its discretion, data associated with your use of the Site. In the event of termination, the

Company has no further obligations to you.

15. Miscellaneous

These Terms of Service constitute the entire agreement between you and Company with respect to your access and

use of the Site and the Services and supersedes all prior and contemporaneous agreements between you and

Company. If any of the provisions of these Terms of Service is found by a court of competent jurisdiction to be invalid

or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as

nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and

effect. The failure of Company to exercise or enforce any right or provision of the Terms of Service shall not

constitute a waiver of such right or provision. The provisions of Sections 3-8, and 11-15 shall survive any termination

of these Terms of Service.

This Site is targeted at and intended for visitors residing in the United States. Given the global nature of the Internet,

however, the Site may be accessed by visitors residing outside of the United States. We make no representations or

warranties that the Site is appropriate or available for use in countries outside of the United States. Visitors who

choose to access the Site from outside of the United States do so at their own initiative and are responsible for

compliance with any and all local laws and regulations that may apply to such access.

The laws applicable to the interpretation of these Terms of Service shall be the laws of the State of Florida, and

applicable federal law, without regard to any conflict of law provisions. You agree to submit to the personal and

exclusive jurisdiction of the state and federal courts located within the county of Hillsborough County, Florida.

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and

scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action)

between you and the Company or its successors or assigns shall exclusively be settled through binding and

confidential arbitration.

Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. Unless otherwise agreed

upon by the parties in writing, the arbitration will be conducted before one arbitrator and will be governed by the

American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and, if the arbitrator deems them

applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).

To the fullest extent permitted by applicable law, you and the Company must abide by the following rules: (1) ANY

CLAIMS BROUGHT BY YOU OR THE COMPANY MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY,

AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE

PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT

OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT

AWARD CLASS-WIDE RELIEF; (3) the arbitration shall be confidential, and neither you nor the Company may

disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of

enforcement of the arbitration award; (4) the arbitrator may award any individual relief or individual remedies that are

permitted by applicable law; and (5) each side pays its own attorneys’ fees and expenses unless there is a statutory

provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees

and costs awarded shall be determined by the applicable law.

16. Assignment

The Company may assign these Terms of Service at any time to a subsidiary or parent company or to a successor to

its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer these Terms

of Service. If any provision of this Terms of Service is held to be unenforceable for any reason, the remaining

provisions will be unaffected and remain in full force and effect.

For any questions or comments, or to report violations of these Terms of Service, including receipt of spam from a

user, contact the Company at: [email protected] with “Terms of Service” in the subject line of your email.

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