Introduction
Welcome to our website, Sho Sho® Leggings, Clothing Official Website (the “Website”). These Terms and Conditions (“Terms”) are a legally binding agreement between you and Sho Sho® Leggings, Clothing Official Website (the “Company”, “we” or “us”). Please read them carefully.
By accessing or using this Website and any content or services made available on or through this Website, you agree to follow and be bound by these Terms. If you do not agree with any part of these Terms, do not access or use this Website or any content or services made available on or through this Website.
Key Points
- You must be at least 18 years old or have the consent of your parent or guardian to use this Website.
- We may make changes to these Terms from time to time. It is your responsibility to check this page periodically for updates.
- We reserve the right to modify, suspend or discontinue all or any portion of this Website at any time.
- This Website and all content and services made available on or through this Website are provided on an ‘as is’ and ‘as available’ basis.
- You are solely responsible for your interactions with other users of this Website.
- You will not use this Website for any illegal or unauthorized purpose.
- We may terminate your access to and use of this Website at any time for any reason.
By using this Website, you agree to be bound by these Terms. Please read them carefully.
1. Acceptance of Terms
These Terms constitute a legally binding agreement between you and the Company. By accessing or using this Website and any content or services made available on or through this Website, you agree to follow and be bound by these Terms. If you do not agree with all of these Terms, do not access or use this Website or any content or services made available on or through this Website.
When these Terms mention “Sho Sho® Leggings, Clothing Official Website,” “we,” “us,” or “our,” it refers to the Company. When these Terms mention “you” or “your,” it refers to the person accessing or using this Website or any content or services made available on or through this Website.
You must be at least 18 years old or have the consent of your parent or guardian to use this Website. If you do not meet this age requirement or do not have parental consent, you may not access or use this Website or any content or services made available on or through this Website.
2. Changes to Terms
We reserve the right to modify these Terms at any time in our sole discretion. When material changes are made to these Terms, we will notify you by posting a notice on the Website or sending you an email at the email address we have on file for your account, if you have created an account with us. Modifications will become effective upon posting or as otherwise stated in our notice.
It is your responsibility to periodically check this page for any changes. If you object to any changes to these Terms, your sole recourse is to cease using the Website. Continued use of the Website following the posting of any changes to these Terms constitutes your acceptance and agreement to such changes.
We may change these Terms from time to time. Be sure to check back periodically to ensure you are aware of the latest Terms. Your continued use of this Website indicates your agreement to the modified Terms.
3. Your Account
If certain features or services made available on or through this Website require you to create an account, you must provide accurate and complete information when creating your account and keep your account information updated. You are solely responsible for maintaining the confidentiality of your account credentials and are fully responsible for any and all activities that occur under your account.
We reserve the right to suspend or terminate your account if you engage in any conduct that we determine, in our sole discretion, violates these Terms or is otherwise inappropriate.
4. Website Access
We grant you a limited, revocable, non-exclusive, non-transferable license to access and use this Website and any resources made available to you through this Website, subject at all times to these Terms and our Privacy Policy.
You may use this Website and the resources made available to you through this Website for your personal, noncommercial use only. Any commercial use or other unauthorized use of this Website or the resources on this Website is strictly prohibited. This license is revocable by us at any time for any reason.
We reserve the right to withdraw, amend, or modify this Website or resources on this Website at any time in our sole discretion without notice to you. We are not liable or responsible if all or part of the Website is unavailable or inaccurate at any time.
5. Your Use of the Website
You agree to abide by the following rules when accessing or using this Website:
- You will not use this Website for any illegal or unauthorized purpose, including activities that would violate any laws, regulations, or rights of third parties.
- You will not interfere with any other party’s use and enjoyment of this Website.
- You will not upload, post, email, or otherwise transmit any unsolicited advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other unwanted communication through or on this Website.
- You will not impersonate any other person or entity or provide false information about yourself or your affiliation with any other person or entity.
- You will not collect any user content or information from this Website using an automated software tool or manually on a large scale.
- You will not upload, post, email, or otherwise transmit any material that contains malicious computer software or code, such as viruses, Trojan horses, time bombs, cancelbots, or other harmful components.
- You will not damage, disable, overburden or impair this Website.
- You will not resell or redistribute access to this Website or any content made available on or through this Website.
- You will not remove or alter any copyright, trademark, or other intellectual property notices contained on this Website or its content.
- You will comply with any additional rules or guidelines applicable to specific services or features made available on or through this Website that we may post from time to time.
We reserve the right, in our sole discretion, to refuse or restrict your access to this Website or any features or services made available on or through this Website for any reason.
6. Intellectual Property Rights
As between you and the Company, the Company owns and retains all right, title, and interest in and to this Website and all content displayed on the Website, including all intellectual property rights therein, such as copyrights, trademarks, service marks, trade dress, and patents, whether registered or unregistered. All content on this Website, including text, graphics, logos, audio clips, software, images and other materials, is our proprietary information or the proprietary information of our licensors and is protected by copyright laws. All trademarks, service marks, trade names, and trade dress are proprietary to the Company. You do not acquire any ownership rights by accessing or using this Website or any content displayed on the Website.
Any use, distribution or reproduction of our intellectual property not authorized herein is a violation of this Agreement and may result in additional liability.
7. User Content
We may allow or enable you to post, upload, publish, submit, transmit or otherwise make available on or through this Website (“post”) content and materials such as comments, posts, photos, images, questions, reviews, feedback, and other information or content (“User Content”).
We claim no ownership rights over User Content you post on or through this Website. However, by posting User Content on or through this Website, you grant us a nonexclusive, royalty-free, fully paid, worldwide, fully transferable, perpetual, irrevocable, and fully sublicensable license to use, copy, store, aggregate, display, perform, distribute, reproduce, modify, create derivative works based upon, and otherwise use and exploit your User Content in connection with operating and providing this Website and services made available on or through this Website.
You are solely responsible and liable for all User Content you post on or through this Website. You represent and warrant to us that (1) you either are the sole and exclusive owner of all User Content you post on or through this Website or you have all rights, licenses, consents, and permissions necessary to grant us the license to the User Content as set forth above; and (2) neither your User Content nor your posting, uploading, publishing, submitting, transmitting, or otherwise making available of such User Content on or through this Website will violate any law or infringe the copyright, trademark, trade secret, privacy, publicity, or other right of any person or entity.
We do not control or endorse and are not responsible for any User Content. We reserve the right to remove any User Content at any time for any reason in our sole discretion. We have no obligation to retain your User Content, may use your User Content in any way we see fit, and are not liable for any loss or damage arising out of any use or disclosure of your User Content.
8. Third-Party Content, Advertisements and Links to Third-Party Websites
This Website may contain content that is supplied by one or more third parties, and those third parties may display advertisements related to the nature of their content on the Website. In addition, the Website may link to third-party websites that are not affiliated with or controlled by the Company.
We have no control over third-party content, advertisements or websites linked on or through this Website. We are not responsible for and do not endorse any third-party content, advertisements or websites. Your use of or interaction with any third-party content, advertisements or websites linked on or through this Website is solely at your own risk.
9. Disclaimer of Warranties
This website and all materials and content included on or made available through this website are provided on an ‘as is’ and ‘as available’ basis without representations, warranties or conditions of any kind, either express or implied.
To the maximum extent permitted by applicable law, we expressly disclaim any and all representations, warranties and conditions whether express or implied, arising by statute, operation of law, course of dealing, course of performance or usage of trade, including without limitation, warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement, or quality.
We do not represent or warrant that this website, or the servers that makes this website available, are free from errors, defects, bugs, malware, viruses or other harmful components, or that this website or its server are secure, free from corruption, interference, hacking, or other security intrusions. We do not represent or warrant that any defects, errors or inaccuracies on this website will be corrected.
Some jurisdictions may not allow the exclusion of implied warranties and conditions. To the extent permitted by law, any implied warranties or conditions relating to this website are limited to the extent required to achieve their essential purpose.
10. Limitation of Liability
We will not be liable for any indirect, incidental, consequential, special, punitive or exemplary damages arising out of or in any way related to your use of this website or any content or services made available on or through this website.
To the maximum extent permitted by applicable law, in no event will our aggregate liability arising out of or relating to your use of this website or any content or services made available on or through this website exceed the total amounts you have paid to us in the twelve (12) months immediately preceding the event giving rise to such liability.
These limitations and exclusions apply to all legal theories under all applicable laws, including liability in contract, tort (including negligence), breach of statutory duty, or otherwise. Some jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the limitations and exclusions described above may not apply to you.
11. Indemnification
You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, and assigns harmless from and against any and all claims, actions, losses, damages, liabilities, judgments, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to (a) your use, misuse, or inability to use this Website or any content or services made available on or through this Website; (b) User Content you post or otherwise submit to this Website; (c) your violation of these Terms; and (d) your violation or infringement of any law, regulation, right, or obligation. We reserve the right, at our election, to assume the exclusive defense and control of any such claim we become subject to. These obligations will survive termination of these Terms.
12. Privacy Policy
Please review our Privacy Policy to understand how we collect, use, and share information about our users. The Privacy Policy is considered part of these Terms.
13. Arbitration, Class-Action Waiver, and Jury Waiver
Please review the provisions in this section carefully. This section limits your rights to obtain relief or damages through lawsuit.
Any dispute, claim or controversy arising out of or relating to these Terms or your access to or use of this Website shall be settled by binding arbitration in accordance with the expedited procedures set forth in the Commercial Arbitration Rules of the American Arbitration Association (“AAA”).
You and the Company hereby agree that the AAA will administer all arbitration(s) under the AAA’s rules and procedures. The arbitration will be heard and determined by a single arbitrator to be appointed by the AAA in accordance with its rules. The seat of the arbitration shall be Nashville, Tennessee. All hearings shall take place in Nashville, Tennessee. Discovery will be permitted pursuant to the AAA rules. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
No arbitration proceeding hereunder may be certified as a class action or proceed as a class action, private attorney general action or other representative action. You and the Company agree that each may bring arbitration claims against the other only in your or its individual capacities and not as a representative or member of a class. If for any reason a claim proceeds in court rather than in arbitration we and you waive any right to a jury trial.
You acknowledge and agree that you and the Company are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all claims. Further, unless both you and the Company otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding.
If this paragraph is found to be unenforceable in its entirety, then this entire Section 15 shall be null and void. If any portion of this paragraph is found to be unenforceable, the remainder of this paragraph shall remain in full force and effect.
All other provisions of these Terms shall remain in full force and effect notwithstanding the unenforceability of any part of this paragraph.
14. Governing Law
These Terms and your access to and use of this Website and any content or services made available on or through this Website and any dispute, claim or controversy arising out of or relating to these Terms or such access or use shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to conflict of law principles.
15. Additional Terms
Additional terms and conditions may apply to the purchase of goods or services from or through this Website, participation in a contest, sweepstakes or promotion, redemption of promotional offers, or use of certain features and functionality. Any such additional terms and conditions will be disclosed at the time those goods, services, contests, sweepstakes or promotions are made available or when those features and functionality are accessed or used.
16. Electronic Communications
By accessing or using this Website, you consent to receiving electronic communications from us, including notices about your account, transactions, and purchases. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements.
17. Contact Information
If you have any questions or concerns regarding these Terms or this Website, please contact us at:
Sho Sho® Leggings, Clothing Official Website
123 Main St
Nashville, TN 37201
[email protected]