Terms of Service

Overview

This website is operated by Chicshades, LLC. Throughout the site, “we,” “us,” and “our” refer to Chicshades. Chicshades offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are visitors, vendors, customers, merchants, and/or contributors of content. Please read these Terms of Service carefully before accessing or using our site. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the site or use any services. If these Terms of Service are considered an offer, acceptance is limited to these Terms of Service. Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. 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.

Section 1 - Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province, or that you are at least the age of majority in your state or province and have our consent to allow any of your minor dependents to use the Site. If you are located in the European Economic Area ("EEA"), the European Union ("EU"), or the United Kingdom ("UK"), you also represent that you are at least 13 years of age. You may not use our products for any illegal or unauthorized purpose or use the Services in violation of any laws in your jurisdiction (including but not limited to copyright laws). You may not transmit any worms, viruses, or any other code of a destructive nature. Violation or breach of any of these Terms will result in immediate termination of your Services.

Section 2 - General Terms

We reserve the right to refuse service to anyone at any time and for any reason. You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Submissions of content containing personal information through the store are governed by our Privacy Policy (see below). Credit card information is encrypted during transmission over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the service is provided, without our express written permission. The headings used in this agreement are for convenience only and will not limit or otherwise affect these Terms.

Section 3 - Accuracy, Completeness, and Timeliness of Information

We are not responsible if information on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete, or more current sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information is not current and is provided for reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor our Site for changes.

Section 4 - Modifications to Services and Prices

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. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

Section 5 - Products or Services

Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display the colors and images of the products in store as accurately as possible. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services offered. All product descriptions and pricing are subject to change without notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not guarantee that the quality of any products, services, information, or other materials purchased or obtained will meet your expectations, or that any errors in the Service will be corrected.

Section 6 - Accuracy of Billing and Account Information

We reserve the right to refuse any order you place. 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. If we change or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number you provided when placing your order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, 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 number and expiration date, so that we can complete your transactions and contact you as needed. For more details, see our Return Policy.

Section 7 - Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without liability of any kind. We assume no liability whatsoever arising from or relating to your use of optional third-party tools. Any use of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also offer new services and/or features through the Site in the future (including, by releasing new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 8 - Third-Party Links

Certain content, products, and services available via our Service may include materials from third parties. Third-party links on the Website 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 do not warrant and will not have any liability for any third-party materials or websites, or for any other third-party materials, products, or services. We are not responsible for any damages or losses arising from the purchase or use of goods, services, resources, content, or any other transactions made on or through 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.

Section 9 - User Comments, Feedback, and Other Submissions

If you submit certain specific submissions at our request (for example, contest entries) or without a request from us, you submit creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments must not contain libellous 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 may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 10 - Personal Information

Personal information you submit through the store is governed by our Privacy Policy, available at https://www.chicshades.shop/pages/privacy-policy, and complies with the GDPR. This Privacy Policy is an integral part of the Terms of Service and governs our obligation to provide you with information. By accepting these Terms of Service, you agree to our Privacy Policy.

Section 11 - Errors, Inaccuracies, and Omissions

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 at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information in the Service or on any related website (including without limitation, pricing information), except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 12 - Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any illegal acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may in any way affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) for spamming, phishing, phishing, pretexting, spidering, scraping, or crawling; (j) for any obscene or immoral purpose; or (k) 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.

Section 13 - Disclaimer; Limitation of Liability

We make no guarantee, representation, or warranty that your use of the Service will be uninterrupted, timely, secure, or error-free. We make no guarantee that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel it at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Chicshades, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 14 - SMS/MMS Mobile Messaging Marketing Program Terms and Conditions

Chicshades offers a mobile messaging program (the "Program"), and you agree to use and participate in the Program in accordance with these Mobile Messaging Terms and Conditions and the Privacy Policy (the "Agreement"). By opting in to or participating in any of our Programs, you accept and agree to these Terms and Conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as further described in the "Dispute Resolution" section below. This Agreement is limited to the Program and is not intended to modify other terms and conditions or privacy policies that may govern your relationship with us in other contexts.

1. User Opt-In: The Program allows users to receive SMS/MMS mobile messages by actively opting in (e.g., through an online or app-based enrollment form). Regardless of how you opt in, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you consent to receive autodialed or prerecorded marketing mobile messages at the phone number you opt in to, and you understand that you do not need to consent to receive marketing messages from us.Make any purchases. You also understand that your consent is not a condition of making any purchase from us and that your participation in this Program is completely voluntary. While you consent to receive messages sent using an autodialer, the foregoing should not be construed to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply. Message frequency varies. By consenting to our SMS/text messaging service, you consent to receive periodic SMS/text messages from or on behalf of Chicshades, LLC at the mobile number provided to you by your wireless provider, even if your mobile number is registered on any state or federal "Do Not Call" list.

2. User Opt-Out: If you no longer wish to participate in this Program or agree to this Agreement, you agree to cancel by replying "STOP" to +1 415-586-8262 or clicking on the unsubscribe link (if provided) in any text message. You will receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device unless initiated by you. If you are subscribed to other Chicshades, LLC mobile text messaging plans and wish to cancel, you will need to opt out of those plans separately by following the instructions in their respective mobile terms, unless applicable law requires otherwise. You understand and agree that the options described above are the only reasonable methods of opting out. You acknowledge that our text messaging platform may not recognize and respond to unsubscribe requests that alter, modify, or modify the "STOP" keyword command, such as by using different spellings or adding additional words or phrases to the command, and agree that Chicshades and its service providers are not responsible for any failure to honor such requests. You also understand and agree that any other methods of opting out, including but not limited to sending text messages other than those described above or verbally requesting our employees to remove you from our lists, are not reasonable methods of opting out.

We may change any short codes or phone numbers used to operate this plan at any time and will notify you of such changes. You acknowledge that any messages you send to our changed short codes or phone numbers (including any "stop" or "help" requests) may not be received, and we are not responsible for honoring requests made in such messages.

3. Program Description: Without limiting the scope of this Program, users who opt in to this Program will receive marketing, promotional, payment, delivery, and sales messages regarding 3D printed products. These messages may include service-related messages (order updates, account alerts, etc.), promotions, special offers, and other marketing offers (e.g., checkout reminders, shopping cart reminders).

4. Fees and Frequency: Message and data charges may apply. Please check your mobile plan and contact your wireless carrier for details. You are responsible for all SMS/text message-related charges, including those charged by your wireless carrier. We do not charge for this Program, but you are responsible for all text message-related charges charged by your wireless carrier. You agree that we may determine, at our sole discretion, whether to receive SMS messages on a recurring basis. Daily, weekly, and monthly SMS frequency may vary. This Program includes recurring SMS messages, and we may send additional SMS messages periodically based on your interactions with us.

5. Support Instructions: For support related to this Program, please text "HELP" to the number from which you received the message, or email Support@chicshades.shop. Please note that opting out of the Program using this email address is not acceptable. Opt-out requests must be submitted according to the procedures above.

6. MMS Disclosure: If your mobile device does not support MMS messaging, the Program will send an SMS™ (termination message).

7. Our Disclaimer: This Program is provided on an "as is" basis, may not be available in all areas at all times, and may not continue to operate if your wireless carrier makes product, software, coverage, or other changes. To the extent permitted by applicable law, you agree that we are not responsible for the failure, delay, or misdelivery of any messages sent through the Program, any errors in such messages, and/or any actions you may or may not take in reliance on such messages or the Program. Delivery of mobile messages is dependent on the availability of transmission from your wireless service provider/network operator and is beyond our control. Carriers are not responsible for delayed or undelivered mobile messages. You agree to provide us with a valid mobile phone number. If you change your mobile phone number, you will need to register for the Program using the new number.

8. Participant Requirements: You must own your own wireless device that supports two-way communication, use a participating wireless carrier, and be a wireless subscriber with text messaging service. Not all mobile phone carriers offer the services required to participate. Please check your phone's features for specific text messaging instructions.

9. Age Limit: If you are under thirteen (13) years of age, you may not use or participate in the Platform. If you are between thirteen (13) and eighteen (18) years of age using or participating in the Platform, you must have the permission of your parent or legal guardian. By using or participating in the Platform, you acknowledge and agree that you are at least thirteen (13) years of age; or between thirteen (13) and eighteen (18) years of age and have the permission of your parent or legal guardian to use or participate in the Platform; or you have reached the age of majority in your jurisdiction. By using or participating in the Platform, you acknowledge and agree that you are permitted by applicable law in your jurisdiction to use and/or participate in the Platform.

10. Prohibited Content: You acknowledge and agree not to send any prohibited content through the Platform. Prohibited content includes: - any fraudulent, defamatory, libellous, scandalous, threatening, harassing, or stalking activity; - objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination based on race, sex, religion, national origin, disability, sexual orientation, or age; - pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - any products, services, or promotions that would be illegal at the time of receiving such products, services, or promotions; - any content involving and/or referencing personal health information protected by the Health Insurance Portability and Accountability Act ("HIPAA") or the Health Information Technology for Economic and Clinical Health Act ("HITEC"); and - any other content prohibited by applicable law in the jurisdiction from which the message is sent.

11. Dispute Resolution: If a dispute, claim, or controversy arises between you and us, or between you and Klaviyo or any other third-party service provider that transmits mobile information on our behalf within the Program, whether arising out of a federal or state statutory claim, a common law claim, this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof (including the determination of the scope or applicability of this arbitration agreement), such dispute, claim, or controversy will be settled by arbitration in Gainesville, Florida, before a single arbitrator, to the fullest extent permitted by law. The parties agree to submit disputes to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Unless otherwise provided in this Agreement, the arbitrator shall apply the substantive laws of the federal judicial circuit in which Chicshades’ principal place of business is located, without regard to its conflict of law rules. Within ten (10) calendar days of service of a demand for arbitration on a party, the parties must jointly select an arbitrator who has at least five years of experience in that capacity and who is knowledgeable and experienced in the subject matter of the dispute. If the parties cannot agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator who must meet the same experience requirements. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules for emergency protective measures shall apply, rather than seeking emergency injunctive relief in court. The arbitrator’s decision shall be final and binding, and neither party shall have any right of appeal, except as provided in Section 10 of the FAA. Each party shall bear its own share of the arbitrator’s fees and administrative costs of the arbitration; however, the arbitrator shall have the authority to order a party to pay all or part of such costs upon a reasoned award. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by law or contract. The arbitrator shall not have the authority to award punitive damages, and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved through arbitration. The parties agree that each party may bring claims against the other party in arbitration only in its individual capacity, and not as a plaintiff or class member in any purported class or representative arbitration proceeding. Further, unless the parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims. And may not otherwise preside over any form of a representative or class proceeding. Except as otherwise required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, except to protect or pursue a legal claim. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision will survive even if your agreement to participate in any of our Programs is canceled or terminated. 12. Florida Law: We strive to comply with the Florida Telemarketing Act and the Florida Do-Not-Call Act as they apply to Florida residents. For compliance purposes, you agree that if (1) the shipping address you provide when you opt in to a Program is in Florida, or (2) the area code of the phone number you use to opt in to a Program is a Florida area code, we may assume that you are a Florida resident. You agree that if you do not meet any of the above criteria or have not clearly notified us in writing that you are a Florida resident, the requirements of the Florida Telemarketing Act and the Florida Do Not Call Law do not apply to you, and you may not claim to be a Florida resident. If you are a Florida resident, you agree that text messages we send in direct response to your text messages or requests (including, but not limited to, reply keywords, opt-in, help or stop requests, and shipping notifications) do not constitute "telemarketing calls" or "commercial telemarketing calls" within the meaning of Section 501 of the Florida Statutes (including, but not limited to, Sections 501.059 and 501.616), to the extent otherwise provided by law and applicable.

13. Miscellaneous: You warrant and represent to us that you have all necessary right, power, and authority to agree to these Terms and perform your obligations hereunder, and that nothing in this Agreement or the performance of such obligations will constitute a breach of any other contract or obligation by you. The failure of either party to exercise any right under this Agreement will not constitute a waiver of any other rights under this Agreement. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions of this Agreement remain in full force and effect. Unless expressly provided otherwise in writing, any new features, changes, updates, or improvements to the Program shall be subject to this Agreement. We reserve the right to change this Agreement at any time without prior notice. You acknowledge that it is your responsibility to review this Agreement from time to time and be aware of any such changes. Your continued participation in the Program after any such changes constitutes your acceptance of this Agreement as modified.

Section 15 - Subscription Policy

Certain items in our store may be offered to you on a subscription basis. When you purchase a subscription, you will receive recurring deliveries. This will depend on the length and frequency of the subscription you choose. You may choose to pause your subscription from time to time. Your payment details will be securely stored, and you will be charged for each delivery unless you choose to pay in advance. These charges may be subject to taxes, shipping, and handling fees. Some subscriptions may automatically renew upon expiration. If you do not wish to renew, you may cancel. If you wish to cancel or change your subscription, you can do so at any time using the links in your order confirmation email or on your account page. For more details on returns and refunds, please see our Return Policy. Our subscription plan is currently in beta. Subscriptions may be canceled at any time.

Section 16 - Pre-orders

When you purchase a pre-order item, you are purchasing an out-of-stock or soon-to-be-available item that is not currently available. We will charge full payment upfront. You may cancel your order before the pre-order is fulfilled. If the order has already been fulfilled, you will not be able to cancel it, but you will be eligible for a full or partial refund. For more details on returns and refunds, please see our Return Policy.

Section 17 - Indemnification

You agree to indemnify, defend, and hold harmless Chicshades and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys' fees, arising out of or related to your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Section 18 - Severability

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that 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.

Section 19 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement. These Terms of Service remain in effect unless terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or by discontinuing use of our website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to the date of termination; and/or we may deny you access to our Services (or any part thereof).

Section 20 - Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this website or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Section 21 - 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 the State of Florida, U.S.A.

Section 22 - Changes to Terms of Service

You can review the most current version of these Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to the Terms of Service constitutes acceptance of those changes.

If you have any questions about these Terms, please contact us:

Email us at: Support@chicshades.shop

Call us: +1 415-586-8262