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Terms and Conditions of Use
1. Preamble/Introduction Welcome to Shady Lady Products’ Website. Shady Lady Products provides
its services to you subject to the following notices, terms and conditions
which apply to your use of any part of its website. Please read this
agreement carefully before using this site. By using this site, you
signify your assent to the terms and conditions for your use of the
site. If you do not agree to the terms and conditions herein contained,
you are prohibited from accessing or otherwise using the site. The
products, information and/or services Shady Lady Products is providing
are done so subject to your compliance with the terms and conditions
of this agreement. Your use of this site signifies and constitutes your acceptance the terms
and conditions for use of the site, as it may be amended from time
to time. Please read this agreement carefully as you are bound
by its terms and conditions.
THE INFORMATION ON THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY
AND IS NOT INTENDED AS A SUBSTITUTE FOR ADVICE FROM YOUR PHYSICIAN
OR OTHER HEALTHCARE PROFESSIONAL OR ANY INFORMATION CONTAINED ON OR
IN ANY PRODUCT LABEL OR PACKAGING. YOU SHOULD NOT USE THE INFORMATION
ON THIS SITE FOR DIAGNOSIS OR TREATMENT OF ANY HEALTH PROBLEM OR FOR
PRESCRIPTION OF ANY MEDICATION OR OTHER TREATMENT. BEFORE BUYING OR
USING ANY PRODUCTS, INFORMATION OR SERVICES PROVIDED ON OR THROUGH
THIS SITE, INCLUDING WITHOUT LIMITATION ANY PRODUCTS, INFORMATION OR
SERVICES PROVIDED ON ANY LINKED SITE, YOU SHOULD SPEAK WITH A HEALTHCARE
PROFESSIONAL.
2. Disclaimers, Indemnification and Warranty Shady Lady Products is providing this site and its contents on an “as
is” basis. Shady Lady Products and its officers, directors,
employees, agents, licensors, suppliers, content providers and the
like (together “affiliates”) make no representation or
warranties of any kind expressed or implied, with respect to this site
or its contents, including without limitation the products, information
or services offered or sold on or through this site or any
other site to which this site links (each a “link
site”) and the uninterrupted and error-free use of this
site. Shady Lady Products and its affiliates expressly disclaim
all such representations and warranties, including without limitation
all warranties of merchantability, accuracy, timeliness, completeness,
fitness for a particular purpose and non-infringement. Shady
Lady Products and its affiliates do not warrant that the site or files
available on the site will be free from corrupted data, computer viruses
or similar destructive or contaminating code. No oral or written
statements by Shady Lady Products or its affiliates will create any
warranty unexpressly set forth herein. Your use of this site
and any link site is at your sole risk.
The products, information, services and other content provided on and through
this site, including without limitation any products, information,
services and other content provided on any link site, are provided
for informational purposes only to facilitate discussions with a healthcare
professional regarding treatment. The information provided on
this site and link sites, including without limitation information
relating to medical and health conditions, products and treatments,
is often provided in summary or aggregate form. It is not intended
as a substitute for advice from your physician or other healthcare
professional or any information contained on or in any product label
or packaging. Before buying or using any products, information
or services provided on or through this site, including without limitation
any products, information or services provided on any link site, you
should speak with a healthcare professional.
You should not use the information on this site for diagnosis or treatment
of any health problem or for prescription of any medication or other
treatment. You should always speak with your physician or other
healthcare professional, and carefully read all information provided
by the manufacturer of a product on or in any product label or packaging,
before using the product. Each person is different, and the way
you react to a particular product may be significantly different from
the way other people react to such product.
Unless otherwise indicated on this site, Shady Lady Products does not endorse or
recommend any product or service offered, advertised or sold on or
through this site, including without limitation any product or service
offered, advertised or sold on or through any link site. Shady Lady Products
is not responsible for any product or service sold on or
through this site for any claims of quality or performance made on
or through the site, including any claims of quality or performance
made on or through any link site. You are advised that other
sites on the Internet, including without limitation link sites and
sites that link to this site, might contain material or information
that some people may find offensive or inappropriate, or that is inaccurate,
is untrue, misleading or deceptive, or that is defamatory, libelous,
infringing of others’ rights or otherwise unlawful. Shady Lady Products expressly
disclaims any responsibility for the content,
legality, decency or accuracy of any information, and for any products
or services, that appear on any link site or any site that links to
this site.
Shady Lady Products assumes no contractual liability for trademark or other
infringements of intellectual property rights with respect to infringing
material provided by third parties to Shady Lady Products or posting on
this site by third parties.
Shady Lady Products assumes no liability for errors or omissions of material
that appear on this website.
Shady Lady Products shall have no liability for damages arising from any reliance
on data, information, or other content published on this website.The
information contained in this website, and any associated website,
is provided as a service to its members, customers and the internet
community and should never be considered to constitute professional
advice. If you seek professional guidance, we encourage
you to seek the advice of a competent professional.
Neither the mention of, citation to, or other reference to any individual group,
organization, product, view point, opinion, theory or any and all such
entities and matters shall constitute an endorsement thereof or for
any association therewith in regard to Shady Lady Products. Conversely,
the failure to so mention, cite, or otherwise reference shall not be
construed, deemed or otherwise understood as implying or inferring
anything whatsoever.”
The aforementioned disclaimers shall apply with equal force to any and
all material provided by reference, hyperlink, or in response to an
inquiry submitted or directed to this site.
3.Copyright The entire content of this website, including but not limited to text,
graphics logos, buttons, icons, audio clips and software, is the exclusive
property of Shady Lady Products ,or its content suppliers, and is protected
by U.S. and international copyright laws. Permission is granted
to electronically copy and to print in hard copy portions of this web
site for the sole purpose of placing an order with Shady Lady Products or
using this web site as a shopping vehicle. In downloading materials
from this website, you agree not to change or delete any propriety
notices, trademarks and the like materials provided therein. Any
other use, including copying, modification, redistribution, publication,
display, performance or retransmission, of any portions of this material
is strictly prohibited without the express written consent of Shady Lady Products.
Copyrighted material of third parties may only be used with the
author(s) or entity(s) express permission.
All title to, ownership of and rights in and to the software used to operate
Shady Lady Products’s website, including any enhancements, improvements,
additions to or works derived therefrom, belongs to Shady Lady Products
or its software suppliers, unless specifically provided otherwise in
a written agreement to which Shady Lady Products is a party, and protected
by U.S. and international copyright laws.”
Any suggestions, ideas, comments or other similar submissions by user shall
be deemed the sole property of Shady Lady Products, including without limitation,
use for commercial purposes, of such submissions. You agree to
grant Shady Lady Products a worldwide, royalty-free, perpetual license,
with the right to reproduce, transmit, distribute, publicly display,
publicly perform, create derivative works of and self-license any materials
or other information contained in such submissions. You hereby
waive any claim, cause of action or other recourse that you might have
against Shady Lady Products for any alleged or actual infringement or misappropriation
of any intellectual property or other right in any such submissions.
Shady Lady Products is not responsible for monitoring, straining, policing or
editing the information posted or the materials on, submitted to or
transmitted through the site. Shady Lady Products does not and cannot
monitor all information and materials posted on, submitted to or transmitted
through the site. However, Shady Lady Products reserves the right
to delete, block and remove any information and materials that Shady Lady Products,
in its sole discretion, deems to be unlawful, infringing,
defamatory, libelous, abusive, threatening, obscene, offensive, fraudulent,
deceptive, inappropriate or otherwise unacceptable to Shady Lady Products. If
notified of any such information or materials on the site, Shady Lady Products may
determine in its sole discretion whether to remove such conduct
from the site.
4. Use of Site Use of this website is for personal, non-commercial use. Content
copies, downloaded, or printed must maintain all copyright, trademark
and other proprietary notices. Except as expressly set forth
in this agreement, you may not modify, copy, distribute, disclose,
retransmit, sell, publish, broadcast or circulate this website in whole
or in part without Shady Lady Products’s prior written consent. For
commercial use of any portion of the contents, you must secure the
written consent from Shady Lady Products.
Your use of the website must always comply with the applicable law. In
particular, but without limitation, you agree and represent not to
use the website to:
a. Impersonate
any person or entity or falsely state or otherwise misrepresent your
affiliation with any person or entity;
b. Upload,
post, e-mail or otherwise transmit any content that is unlawful, harmful,
threatening, abusive, harassing, torturous, defamatory, vulgar, obscene,
libelous, invasive of another’s privacy, hateful, racial,
ethnically, or otherwise objectionable; </p>
c. Upload,
post, e-mail or otherwise transmit any content that infringes any patent,
trademark, trade secret, copyright, or other proprietary right.”
Submissions
We welcome your comments regarding this website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to ShadyLadyProducts.com shall be and remain the exclusive property of ShadyLadyProducts.com. Your submission of any such Comments shall constitute an assignment to ShadyLadyProducts.com of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. ShadyLadyProducts.com will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
User Submitted Content(including, but not limited to, text, photos, or video submitted in connection with Gift, E-Cards, E-Vites, Forward-to-a-Friend messages or any other messaging service)</p>
The ShadyLadyProducts.com message services available to our guests are subject to the following guidelines. Out of respect for all of our guests, we ask that you do not use obscene, profane or threatening language in messages. In addition, we ask that you do not submit or post photos, videos or other media that include obscene, profane or threatening images. Examples of the kinds of conduct or content that are prohibited in user submitted content include:
- The transmission of any content that could violate, or could facilitate the violation of, any applicable law, regulation or ShadyLadyProducts.com rule or policy.
- The transmission of any content that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
You are solely responsible for the content of any messages and/or images you submit and Target assumes no liability for any content submitted by you. We may, but are not obligated to, restrict or remove any and all content from a message that we determine in our sole discretion violates these guidelines or is otherwise harmful to us, other ShadyLadyProducts.com guests or any third party. ShadyLadyProducts.com reserves the right to purge the content you provide after 90 days of creation.
Any content you submit is for non-commercial use only. You must provide your actual e-mail address in order to send your content. Any content you submit will be routed through the Internet and you understand and acknowledge that you have no expectation of privacy with regard to any content you submit.
Colors
We have done our best to display as accurately as possible the colors of the products shown on this website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
5. Limitation of Liability It is agreed that Shady Lady Products , nor any officer, affiliate, director,
shareholder, agent or employee of Shady Lady Products will be liable for
any damages of any kind arising out of, in connection with, or relating
to the use or inability to use this site, including without limitation
any liability (I) as a publisher of information, (ii) as a seller or
reseller of any products or services, (iii) for any defective products,
(iv) for any incorrect or inaccurate information, (v) for any unauthorized
access to or disclosure of your transmissions or data, (vi) for statements
or conduct of any third party on the site, or (vii) for any other matter
relating to this site or any linked site. This is a comprehensive limitation
of liability that applies to all damages of any kind, including without
limitation any direct, indirect, special, incidental or consequential
damages (including without limitations, damages for loss of business,
loss of profits, loss of good will, loss of use, loss of data, cost
of procuring substitute goods, services or information, litigation
or the like), whether based upon breach of contract, breach of warranty,
tort ( including without limitation negligence), product liability
or otherwise, even if the user advises of the possibility of such damages.
The limitations of liability set forth herein are fundamental elements
of the basis of the bargain between Shady Lady Products and the user. The
products, information and services offered on and through this site
would not be provided without such limitations. Because the laws of
some states may not allow for the exclusion of certain damages, in
such states liability is limited to the fullest extent permitted by
law.
Notwithstanding the foregoing, the sole and entire maximum liability of Shady Lady Products
and its officers, affiliates, directors, shareholders, agents or employees
for any reason, and your sole and exclusive remedy for any cause or
claim whatsoever, shall be limited to the amount paid by you for any
product, information or service purchased by you from Shady Lady Products
on this site.
You agree to indemnify, defend and hold harmless Shady Lady Products and
its officers, affiliates, directors, shareholders, agents or employees
against all claims, demands, causes of action, losses, expenses, damages
and costs, including without limitation any reasonable attorneys’ fees,
resulting or arising from or relating to the use of or conduct on this
site, any activity related to your account by you or any other person,
any material that you submit to, post on or transmit through the site,
your violation of these terms, your infringement or violation of any
rights of another, or termination of your access to this site.
6. Website Modification These terms and conditions may be modified by Shady Lady Products at any time. The
effective date of such modifications will be the date the revisions
are so posted to the website. Without limiting the generality
or effect of the foregoing, we may also change the website or add,
delete or modify, all of our sources at any time at our sole discretion. By
accessing and using this website, you agree to become and remain familiar
with the terms and conditions that govern its use, as they may exist
from time to time. A failure to understand the terms and conditions
that apply to your use of the website will not release you of your
obligations under those terms and conditions.
7. Links to Other Sites The site may contain links to third party web sites. Such third party web
sites are not under control of Shady Lady Products. Please
note that Shady Lady Products is not responsible for the accuracy or
content of web sites of other providers which may have links from this
site. Accordingly, Shady Lady Products can make no representation concerning
the content of these sites to you, nor can the fact that Shady Lady
Products has provided this link serve as an endorsement by Shady Lady
Products of this or any other site. In creating a hypertext link to
any other website, Shady Lady Products is not recommending that web
site or giving any assurances as to its standing. Shady Lady Products
is providing this link only as a convenience to you. The inclusion
of these links is not intended to reflect their importance, nor is
it intended to endorse any views expressed, or products or services
offered, on these outside sites, or the organizations, sponsoring the
sites. Shady Lady Products makes no warranties, explicit or implied,
regarding the performance of the links, the performance of the outside
sites or the contents of the outside sites. If you decide to access
linked third party web sites, you do so at your own risk.
8. Cookies We do not connect the information collected to cookies with other information
that is personally identifiable, unless required or permitted to do
so by law or to enforce the terms and conditions. In common with
many web sites, we use “cookies” to help us gather the
following information from visitors to our site:
- The IP address from which you accessed the site.
- The type of browser and operating system used to access the site.
- The date and time of your access to the site.
- The pages you visit.
- The Internet address of the web site for which you accessed the site.
A cookie is a small data file that our server sends to your browser when
you visit the site. The use of cookies helps us to assist your
use of certain aspects of the site. You can delete cookies at
any time or you can set your browser to reject or disable
cookies. If you do disable
cookies, some functions on the site do not work correctly. We
use information from cookies, for example, to learn about the number
of visitors to our site and the type of technology that our visitors
use. Cookies help us to monitor what sort of content is popular
and to assess visitors’ browsing habits. When a user revisits
the site, we may recognize the user by the cookie and customize the
user’s experience accordingly. We can use this information
to continually improve the content and usability of the site.
We may compile and report to third parties (such as advertisers) aggregate
statistics about our users in terms of numbers, traffic patterns and
related site information.
Third parties (including but not limited to software providers, advertisers,
and ad placement agencies) may also use tracking technologies by or
through the site. We have no responsibility or liability for
any tracking, data collection or other activities of such third parties.
We may use the information collected from you for marketing purposes. We
may use your personal information in order to communicate with you
about our products and services. If you prefer that we do not
send you communications, please email us at info@shadyladyproducts.com.
We may also use information for internal marketing analysis. For
example, to assess trends amongst our consumers or to measure the amount
of traffic to our web sites. We may also share non-personal information
with others, such as advertisers, in aggregate anonymous form, which
means that the information will not contain any personally identifiable
information about you.
9. No Resale of Services or Products You agree to use or purchase Shady Lady Products products solely for your own
use and not for the use or to exploit any portion of the site or the
service for commercial purposes not related to your business with Shady Lady Products.
10. Website Downtime Shady Lady Products reserves the right to make the website unavailable from
time to time for any reason and at any time and without prior notice. In
no event will Shady Lady Products be liable at any point for any loss, cost
or damage that results from any period of downtime occurring at Shady Lady Products website.
11.Applicable Law
This agreement, and any litigation or other legal proceedings between you and Shady Lady Products (whether grounded in tort, contract, statute, law, or equity) shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to its choice of law rules.
Moreover, any litigation arising between the parties hereto may only be brought
in the Court of Common Pleas for Montgomery County, Pennsylvania, Montgomery
County having exclusive subject matter jurisdiction on any matter relative
to the site. You hereby irrevocably and unconditionally consent
to the jurisdiction of any such court, and hereby irrevocably and unconditionally
waive any defense of any inconvenient forum to the maintenance of any
action or proceeding in any such court, any objection to venue with
respect to any such action or proceeding, and any right of jurisdiction,
on account of the place of residence or domicile of any party thereto.”
12. Digital Millennium Copyright Act You agree not to upload or transmit any communications or content of any
kind that infringes or violates any rights of any party. It is
our policy not to permit materials known by us to be infringing to
remain on the site. Shady Lady Products has made every
effort to secure appropriate clearances for all the proprietary and
intellectual properties used on the site. If you believe any
material on the site is infringing, please contact us immediately. Pursuant
to the Digital Millennium Copyright Act, ( DMCA), we have a registered
agent to receive copyright claims (“Designated Agent”).
You may notify us of alleged intellectual property rights infringement
by contacting your designated agent at:
David Garcia-Villarreal, Esq.
Garcia and Associates, LLC
3 N. Second Street, Third Floor
Philadelphia, PA 19106
Please be aware that in order to be effective, the notice of claim must comply
with the detailed requirements set forth in the DMCA. You are
encouraged to review them (See 17 U.S.C. § 512 et seq. before
sending your claim.
Upon receipt of notice of claimed infringement, we will respond expeditiously
to remove, or disable access to, the material claimed to be infringing
and will follow the procedures specified in the DMCA to resolve the
claim between the notifying party and the alleged infringer who provided
the content at issue.
Please do not send any other communication to the designated agent, who is
appointed solely for the purpose of receiving notices of copyright
claims under the DMCA.”
13. Entire Agreement The terms and conditions posted on this website set forth the entire agreement
between Shady Lady Products and any of its users, and supersedes and controls
any prior, contemporaneous, oral, written, or electronic communications
and proposals. No modification of these terms and conditions
may be enforced against Shady Lady Products unless such modification is
set forth in writing and signed by Shady Lady Products.
14. Severability If any provision of this agreement is deemed unlawful, void, voidable,
or unenforceable for any reason, then that provision shall be deemed
severable from this agreement and shall not affect the validity or
enforceability of any remaining provisions.
15. Notices Any notice required to be delivered under these terms and conditions shall
be delivered via email. For notices to the registered user, the
email shall be directed to the email address in the most current registration
information.
16. Miscellaneous The failure of Shady Lady Products or its directors, officers, affiliates, shareholders,
agents and employees to insist upon strict adherence to any term of
this agreement shall not constitute a waiver of such term and shall
not be considered a waiver or limit that party’s right thereafter
to insist upon strict adherence to that term or any other term of this
agreement.
You agree that regardless of any statute or law to the contrary, any claim
of cause of action arising from or relating to the use of this site
or this agreement must be filed within one (1) year after such claim
or cause of action arose, or will forever be barred.
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