Introduction
Welcome to SummerSheenPro.com (the “Site”), owned and operated by Summer Sheen Brands. By accessing SummerSheenPro.com you agree to the following Terms of Use. These Terms of Use are effective as of June 22, 2017. All users of this site agree that access to and use of this site are subject to the following terms and conditions under applicable law. It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site or any Applications. We may revise these Terms of Use at any time without notice to you.
YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
Using SummerSheenPro.com
You accept SummerSheenPro.com “as-is” and choose to use it at your own risk and without any warranties of any kind, whether express or implied. Despite the prohibitions below, SummerSheenPro.com assumes no responsibility or liability for acts outside of its control including customer error, customer misuse of products, USPS, UPS, FedEx or other third-party shipping service product damages, misplacements or theft of shipments. SummerSheenPro.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. SummerSheenPro.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its web site or otherwise relating to such materials or on any sites linked to this site.
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a SummerSheenPro.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may use the site to solicit others to join or become members of any other commercial online service or other organization without express written consent from SummerSheenPro.com management.
Trademarks
All trademarks, service marks and trade names of SummerSheenPro.com used in the site are trademarks or registered trademarks of Summer Sheen Brands.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of SummerSheenPro.com. The collective work includes works that are licensed to SummerSheenPro.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with SummerSheenPro.com or purchasing Summer Sheen products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with SummerSheenPro.com or to purchase Summer Sheen products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Summer Sheen. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Warranty Disclaimer
SummerSheenPro.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limiting or excluding warranties, so the above limitations may not apply to you.
Abusing SummerSheenPro.com
We may limit or terminate our service, remove hosted content and take technical and legal steps to keep users off SummerSheenPro.com if we think they are creating problems or acting inconsistently with the letter or spirit of our policies. Please report problems, offensive content and policy violations by emailing us at [email protected].
Liability
To the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of SummerSheenPro.com even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to fifty US dollars ($50).
SummerSheenPro.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if SummerSheenPro.com has been advised of the possibility of such damages.
Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
Additionally, you agree to indemnify, defend, and hold harmless Summer Sheen, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
Personal Information
By using SummerSheenPro.com, you agree to the collection, transfer, storage and use of your personal information by Summer Sheen Brands on servers located in the United States, as further described in our privacy policy.
Back Links
In an attempt to provide increased value to our visitors, SummerSheenPro.com may link to sites operated by third parties. However, even if the third party is affiliated with SummerSheenPro.com, SummerSheenPro.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of SummerSheenPro.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, SummerSheenPro.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
General
These terms and the other policies posted on SummerSheenPro.com constitute the entire agreement between SummerSheenPro.com and you, superseding any conflicting parts of any prior agreements. This agreement is governed by the laws of the State of California distributors’ origin as they apply to agreements entered into and to be performed entirely within the state of California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against SummerSheenPro.com must be resolved by a court located in San Diego County, California. If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below. Except for reporting policy violations and intellectual property infringements, any legal notices from you to us shall be served on Summer Sheen national registered agent. We will send notices to you via the email address that you provide, or by registered mail to the address you provide. Notices sent by registered mail will be deemed received five days following the date of mailing. We may update these terms at any time, with updates taking effect 24 hours after they are initially posted on the Site. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of SummerSheenPro.com products) must be commenced within one (3) months after the claim or cause of action arises. No other amendment to these terms will be effective unless made in writing, signed by users and by us.
SummerSheenPro.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, SummerSheenPro.com shall issue a credit to your credit card account in the amount of the purchase price. Returns will be subject to the SummerSheenPro.com Return Policy.