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Terms of Service

Effective Date: 3/1/2020

Welcome to Shine Company! Shine Company Inc. and our affiliates (“Shine”,”we”,”our”, or “us”) provides you access and use of our website operated by or for Shine (the “Sites”), subject to your compliance with these terms and conditions of use. This Service is offered subject to your acceptance to these Terms of Service and relevant sections of the Privacy Policy. By accessing, browsing, and using the Sites, you agree to be bound by the Site Terms and all applicable law. If you disagree with these Terms, please do not use the Services or the Sites.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES

Privacy

Please review our Privacy Policy, which also governs your use of the Services and the Sites.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. We reserve the right to modify the contents on this site at any time.

We will notify you of any changes to the Terms by updating the effective date at the top of this page.

Returns

Eligible items may be returned to Shine Company in accordance with any Return Policy posted on this Website.

Intellectual Property

All Sites Materials are owned and used by Shine, including but not limited to, Shine Company, the trademark or registered trademark Shine (and other trademarks owned by Shine), and the Shine design logo. In addition, all page headers and footers, customized graphics, and scripts are trademarks of Shine. Any use of Shine Marks without the prior written consent of Shine is strictly prohibited. Any image, text, music, digitally downloadable files, videos, and other materials are also exclusive content of Shine.

None of the materials and intellectual property as stated in the Site Terms may be copied, reproduced, modified, posted, transmitted, duplicated, exploited, or republished without prior written consent from Shine.

Send all correspondence for copyright infringement to compliance@shineco.com.

User-Generated Content

The Sites permit the submission of comments and product reviews generated by the user (“User Content”). The user is solely responsible for their own User Content and the consequences of posting it. We do not claim ownership of User Content or any other content that you post on the Sites, social media accounts, or through third-party tools and applications which are deemed non-confidential and non-proprietary. By submitting User Content, you represent Shine and its affiliates that your User Content does not violate any copyright, trademark, patent, or other intellectual property or right belonging to any third-party. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You retain all ownership rights to your User Content and by submitting or sharing your User Content with us you represent and warrant that (i) the user owns all rights in the User Content; and (ii) the user has obtained permission from any entity that appears in the User Content without any compensation to you or another entity.

Shine has the absolute right to refuse, edit, or delete any User Content and/or to terminate any user’s access to the Sites for any reason.

About Our Prices and Services

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

Accuracy and Errors of Information

Occasionally there may be information on our site or in the Service that contains 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/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 dealers, re-sellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Third-Party Links

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Prohibited Use

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (viii) to collect or track the personal information of others; or (ix) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Limitation of Liability

To the fullest extent permitted by law, neither Shine, nor our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licencors shall be liable to the user with respect to the usage of the Sites or the contents or materials contained in or purchased through the Sites. Shine and our affiliates shall (i) NOT be liable for lost profits or revenue due to damages that result from mistakes, defects, delays in operation, acts of God, theft, destruction, or unauthorized access to Shine data or services; and (ii) NOT be liable to the user for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the Service or the Sites. If the user deems that any of the statements listed above may exist the user must cease usage to the Sites.

To the fullest extent permitted by law, in no event shall the aggregate liability for any damages exceed one hundred ($100) US dollars or the amount you paid Shine in the past twelve months.

Disclaimer of Warranties

SHINE INTENDS FOR THE INFORMATION PROVIDED ON THE SITES AND THE SERVICE TO BE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. SHINE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND MERCHANTABILITY, NON-INFRINGEMENT, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE WITH RESPECT TO THE SITES AND ANY PRODUCTS OR CONTENT ON THE SITIES. SHINE IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES, DENIAL-OF-SERVICE ATTACKS, OR OTHER HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER, COMPUTER EQUIPMENT, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES, DOWNLOADING CONTENT IN THE SITES, OR LINKS POSTED ON THE SITES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR CONDITIONS SO SUCH DISCLAIMERS MAY NOT APPLY TO YOU.

Termination

We may elect to terminate your access and use to the Sites with accordance with this Terms of Service. Shine may terminate your account and your User Content if we deem a violation or inconsistencies with the Terms or for any other reason whatsoever. You may terminate your account with the Sites at any time upon written notice to us.

Indemnity

You agree to indemnify and hold Shine and its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licencors harmless from any and all claims, liabilities, damages, expenses, including reasonable attorneys’ fees, made by any third party due to or in connection to your use of the Sites, your violation of the Terms, or any transmission of User Content you submit, post, or share through the Sites.

Waivers and Severability

No waiver, expressed or implied, by either party of any term or condition under these Site Terms will constitute a continuing waiver of such term or condition or be deemed to be a waiver preceding or subsequent term or condition.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 3535 Philadelphia Street, Chino, CA, 91710, United States.

Contact Information

Questions about the Terms of Service should be sent to us at compliance@shineco.com.