Terms of use

Terms of Use

Effective Date: June 1, 2022

These Terms of Use, along with any documents referred to herein, outline the terms and conditions governing your access to and use of our website, https://shiprofessionals.com (the "Website"). By accessing or using the Website, you agree to be bound by these Terms of Use.

If you do not agree to these Terms of Use, or if you do not wish to be bound by them, you must not access or use the Website.

1. Acceptance of Terms

By using this Website, you confirm that you:

• Have read, understood, and agree to these Terms of Use.
• Are legally permitted to enter into a binding agreement under applicable laws.

2. Updates to the Terms of Use

We may update these Terms of Use from time to time. When changes are made:

• The updated Terms of Use will be posted on this page with a revised effective date.
• Continued use of the Website after changes are posted constitutes your acceptance of the updated Terms of Use.

Recommendation: Print or save a copy of these Terms of Use, as well as any updated versions for your records.

3. Use of the Website

You agree to use the Website only for lawful purposes and in compliance with these Terms of Use. Specifically, you must not:

• Use the Website for any fraudulent, unlawful, or harmful activities.
• Interfere with or disrupt the Website's functionality or access for other users.
• Attempt to gain unauthorized access to the Website, its systems, or associated networks.

4. Intellectual Property Rights

• All intellectual property on the Website, including but not limited to trademarks, logos, text, graphics, and software, is owned by or licensed to us.
• You may not reproduce, distribute, or modify any content from the Website without prior written permission, except as permitted under applicable law.

5. User Accounts

If access to certain areas of the Website requires account registration:

• You are responsible for maintaining the confidentiality of your login credentials.
• You must notify us immediately of any unauthorized use of your account.

6. Third-Party Links

The Website may contain links to third-party websites or resources. These links are provided for your convenience only, and we are not responsible for:

• The content, functionality, or practices of third-party websites.
• Any loss or damage resulting from your use of third-party websites.

7. Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which can be found here. By using the Website, you consent to the collection, use, and sharing of your information as outlined in our Privacy Policy.

8. Termination of Use

We reserve the right to terminate or restrict your access to the Website at any time, without notice, if we determine that you have violated these Terms of Use.

9. Disclaimers

The Website is provided "as is" and "as available" without any representations or warranties, express or implied, including:

• Fitness for a particular purpose.
• Accuracy, completeness, or timeliness of content.

We do not guarantee that the Website will be error-free, secure, or available at all times.

10. Exclusions and Limitations of Liability

To the fullest extent permitted by law:

• We shall not be liable for any indirect, incidental, or consequential damages arising from your use of the Website.
• Our total liability, whether in contract, tort, or otherwise, is limited to the amount you have paid to us, if any, for access to the Website.

• 11. Indemnification

  You agree to indemnify, defend, and hold us harmless from any claims, damages, or expenses (including legal fees) arising from:

  • Your use of the Website.
  • Any breach of these Terms of Use by you.

Contents

1. Our details
2. Your responsibility for others who access our website using your device or internet connection
3. Other documents governing your use of our website
4. Availability of our website
5. Changes we may make to these Terms of Use and other documentation
6. Your account details
7. Ownership of material on our website
8. Information and content on our website provided on non-reliance basis
9. Permitted use of materials on our website
10. Prohibited uses of our website
11. Viruses and other harmful content
12. Links to other websites
13. Links to our website
14. EXCLUSIONS AND LIMITATIONS OF LIABILITY
15. INDEMNIFICATION
16. DISCLAIMERS
17. AGE RESTRICTIONS ON USE OF OUR WEBSITE
18. MOBILE MESSAGING PROGRAM TERMS OF SERVICE
19. Governing law and jurisdiction
20. Copyright, credit and logo

Our Details

SHi® ("we," "our," or "us") operates this website. We are a limited liability company incorporated in Texas, USA.

• Business Address:
  SHi® Professionals
  124 Rose Ln, Suite 103
  Frisco, TX 75036
  United States

• Contact Email:
  info@shiprofessionals.com

Your Responsibility for Others Accessing Our Website

If other individuals access our website using your computer(s), device(s), or internet connection, it is your responsibility to ensure that:

• They are aware of these Terms of Use and any associated documentation referred to within.
• They agree to comply with these Terms of Use.

If these individuals do not agree to these Terms of Use, you must:

• Ensure they do not access or use the website.
• Refrain from permitting them to do so.

Additional Documents Governing Your Use of Our Website

Your use of the website is also governed by the following policies:

1. Privacy Policy

Our Privacy Policy is available at http://shiprofessionals.com/page/cookie-policy. It outlines:

• The types of personal information we collect.
• The reasons for collecting this information.
• How we use, store, and share your data.
• The circumstances under which we may share your information with third parties.
• Your rights regarding the information we collect and process.

By using the website, you acknowledge and agree that your information will be processed in accordance with our Privacy Policy.

2. Cookies Policy

Our Cookies Policy, also available at http://shiprofessionals.com/page/cookie-policy, explains:

• The types of cookies and similar technologies we use on our website.
• The purposes for which these cookies are used.
• When cookies may be placed on your computer, device, or browser.
• How to manage your browser preferences to accept or reject cookies.

By using the website, you consent to our use of cookies and similar technologies as described in our Cookies Policy.

Agreement to the Terms

By accessing and using our website, you confirm that you:

1. Agree to be bound by these Terms of Use.
2. Acknowledge and accept that your information will be processed in accordance with our Privacy Policy.
3. Consent to our use of cookies and similar technologies in accordance with our Cookies Policy.

If you do not agree with these terms or associated policies, you must not use our website.

Availability of Our Website

We strive to provide access to our website; however, we make no representations or warranties that:

• The website will be available at any specific time or from any specific geographical location.
• Access to the website will be continuous or uninterrupted.
• The website will be compatible with all browsers, devices, operating systems, or viewing platforms.

We reserve the right to suspend or restrict access to all or part of the website for various reasons, including but not limited to:

• Improving the website's appearance, functionality, or content.
• Performing periodic maintenance or updates.
• Resolving technical issues or other operational needs.

Whenever possible, we will provide advance notice if access to the website is expected to be suspended for a significant period. However, this may not always be feasible.

Jurisdictional Limitations
Our website is primarily intended for users in the United States. While it may be accessible from other countries, we:

• Do not guarantee compliance with legal requirements in jurisdictions outside the United States.
• Make no assurances that the content on the website will be appropriate or lawful for use in locations outside the United States.

Changes to These Terms of Use and Related Documentation

We may update these Terms of Use, our Privacy Policy, our Cookies Policy, and any other related documents periodically for various reasons, including but not limited to:

1. Business Adjustments: Reflecting changes in how we operate or offer services.
2. Website Updates: Accommodating new features, functionality, or adjustments to content, purpose, or availability.
3. Data Practices: Ensuring accurate descriptions of our data processing, including any changes to our use of cookies or similar technologies.
4. Compliance: Meeting the requirements of current or future applicable laws, regulations, or official guidance.

Notification of Changes
If required by law, we will notify you of updates to these Terms of Use or related documents by:

• Posting a notice on our website.
• Publishing the revised version of the document on our website, clearly indicating the new effective date.

By continuing to access or use our website after any updates:

• You agree to be bound by the revised Terms of Use and related documents.
• You acknowledge that any changes in the Privacy Policy and/or Cookies Policy will govern our handling of your data and our use of cookies going forward.

Your Responsibility to Stay Informed
You must review these Terms of Use, as well as any other associated documentation, each time you access the website to ensure you are aware of and agree to the current terms.

Effective Date
The "effective date" of each document is clearly stated at the top of the respective document. The effective date indicates when the document was last amended and came into force.

Your Account Details

1. Account Confidentiality

   • If we provide you with account credentials (e.g., username, ID, account code, or password), you must keep them confidential and secure.
   • Account information is solely for the use of the named account holder and must not be shared or disclosed to any third party.
   • You are responsible for any unauthorized access to your account resulting from the disclosure of your credentials.

2. Creating and Managing Your Account

   • When choosing login details, we recommend using unique and secure credentials that are not easily discoverable or reused from other accounts.
   • You must never use another user’s account without their permission.
   • All information provided during account creation must be accurate, current, and complete.
   • You may not solicit, collect, or use the login credentials of others or create accounts for anyone other than yourself.

3. Account Security

   • If you suspect your login details have been compromised (e.g., disclosed to a third party), you must immediately change your password.
   • If you are unable to change your password, contact us at info@professionals.com without delay.

4. Right to Suspend or Terminate Access

   • We reserve the right to restrict or withdraw access to your account without notice if we suspect:
     • Unauthorized access to your account.
     • Breach of these Terms of Use or any associated policies.

Ownership of Material on Our Website

1. Intellectual Property Rights

   • All trademarks, service marks, trade names, logos, copyrights, and other intellectual property rights on the website are either owned by us or licensed to us.
   • These rights are protected by global intellectual property laws, and unauthorized use is prohibited.

2. Use of Trademarks

   • Third-party trademarks displayed on the website belong to their respective owners and may not be affiliated with or endorsed by us.
   • Nothing on the website grants permission to use any third-party trademarks without written consent from the respective owner.

3. Exclusive Rights

   • All goodwill generated from the use of our trademarks will benefit us exclusively.

Information and Content on Our Website

1. Non-Reliance on Content

   • The content on our website is for general informational purposes only and is not intended as advice.
   • Do not rely on any website content for decision-making without seeking independent professional advice.

2. Accuracy and Updates

   • We make no guarantees about the accuracy, completeness, or timeliness of the content on our website.

Permitted Use of Materials

1. Personal and Non-Commercial Use

   • Content on our website may be used for lawful personal, private, and non-commercial purposes.
   • You may share or print content for these purposes, provided no alterations are made to text, images, or graphics.

2. Prohibited Actions

   • You must not extract, reproduce, or distribute website content without prior written consent.
   • Automated tools (e.g., robots, spiders, scraping tools) are prohibited from extracting or reproducing website data.

3. Attribution

   • When sharing website content, you must acknowledge us as the authors (or any credited authors where applicable).

Prohibited Uses of Our Website

1. Prohibited Activities
   You must not:

   • Reproduce, duplicate, or resell any part of the website, except as expressly permitted.
   • Interfere with, damage, or disrupt website functionality, hosting systems, or software.
   • Use the website for unlawful or fraudulent purposes.
   • Engage in unauthorized advertising, spamming, or solicitation.

2. Malicious Activities
   You must not upload, host, or transmit harmful content such as viruses, malware, or other code designed to disrupt systems or devices.

3. Harmful Conduct

   • You must not engage in any activity that harms or exploits children.
   • You must not breach applicable laws, including local, national, or international regulations.

4. Submission of Sensitive Information

   • You may not submit sensitive personal data, such as information revealing racial or ethnic origin, political opinions, religious beliefs, or health-related data.
   • If sensitive data is submitted, it will be processed in accordance with Article 9(2)(a) of the General Data Protection Regulation (GDPR).

5. Age Restrictions

   • You must not submit information if you are under 18 or if submitting information about another person under 18 without proper consent.

Viruses and Other Harmful Content

1. Website Security Disclaimer

   • While we take reasonable measures to prevent the introduction of viruses, malware, or other malicious software to our website, we do not guarantee that the website will be free from such threats.
   • We disclaim any responsibility for damages caused by viruses, bugs, or other harmful software that may be transmitted via our website, or for any resulting consequences.

2. Your Responsibility

   • You must ensure that your computer or browsing device is equipped with up-to-date and effective antivirus and security software.
   • You must not introduce viruses, malware, spyware, adware, Trojan horses, worms, logic bombs, time bombs, keystroke loggers, or any other harmful or malicious code to our website.

3. Unauthorized Access and Attacks

   • You are prohibited from using third-party tools, software, or technologies to gain unauthorized access to our website, servers, systems, or data.
   • Attempting or facilitating a denial-of-service (DoS) attack or any other disruptive activity targeting our website is strictly forbidden.

4. Reporting Breaches

   • We reserve the right to report any actual or suspected breaches of this clause to the relevant authorities. This may include disclosing your identity and other information as required.

Links to Other Websites

1. Third-Party Content

   • From time to time, our website may include links to third-party websites or content. We do not control, endorse, or guarantee the accuracy, legality, or appropriateness of any third-party content accessible through such links.
   • We disclaim any liability for the content, accuracy, or activities of third-party websites.

2. Data Privacy

   • Third-party websites accessible via links on our website may collect and process your personal information.
   • We are not responsible for the data practices of such third parties and recommend reviewing their privacy policies to understand how your data will be used before interacting with their website.

Links to Our Website

1. Permission Required

   • You must not create links to our website without obtaining our prior written consent.

2. Conditions for Linking
   If we grant you permission to link to our website, you must comply with the following conditions:

   • Links may only appear on websites owned by you and must adhere to these Terms of Use.
   • Links must not misrepresent our business, damage our reputation, or be defamatory or disparaging.
   • Links must not suggest any partnership, affiliation, endorsement, or business relationship with us unless such a relationship exists and has been expressly agreed in writing.

3. Withdrawal of Permission

   • We reserve the right to withdraw permission to link to our website at any time.
   • Upon notification of the withdrawal of permission, you must immediately remove all links to our website.

By adhering to these refined guidelines, you help ensure the secure, lawful, and respectful use of our website and its content.

Exclusions and Limitations of Liability

1. Non-Excludable Liability

   • We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for:
     • Death or personal injury caused by our negligence.
     • Any other liability that cannot legally be excluded or limited under applicable law.
   • If any applicable law prohibits certain limitations, those limitations will apply to you only to the maximum extent permitted.

2. Purchases from Our Website

   • If you purchase goods or services from our website, additional exclusions or limitations of liability may apply. These are set out in our Terms of Sale.

General Limitation of Liability

Subject to the above, we (including our parent companies, subsidiaries, affiliates, officers, directors, members, employees, or agents) shall not be liable to you, under any circumstances or legal theory (contract, tort, breach of statutory duty, or otherwise), for any losses, damages, costs, expenses, liabilities, or penalties, including but not limited to:

1. Types of Loss or Damage

   • Direct, indirect, incidental, punitive, actual, consequential, special, or exemplary damages.
   • Loss of:
     • Data or data corruption.
     • Savings, profits, sales, business, revenue, opportunities, reputation, or goodwill.
     • A chance or opportunity.

2. Circumstances Leading to Loss or Damage

   • Your use of or inability to use our website.
   • Any interruptions, suspensions, or withdrawal of our website for any reason.
   • Reliance on any content, materials, or information provided on our website.
   • Your failure to follow our advice, updates, or installation instructions.
   • Your failure to meet minimum system requirements provided by us.

3. Third-Party Content and Conduct

   • We are not liable for any third-party content on our website or for any defamatory, offensive, or illegal conduct of third parties. The risk of harm or damage arising from such conduct lies entirely with you.

No Injunctive Relief

• You agree that any damages, losses, or injuries you incur as a result of our acts or omissions will not entitle you to:
  • Seek injunctive relief or any other form of equitable relief to prevent the exploitation of any website, service, product, or content owned or controlled by us.
  • Restrict the development, production, distribution, advertising, or use of any website, service, or content owned or controlled by us.

Limitation as Permitted by Law

• Where exclusions of liability are not enforceable, they will be interpreted as limitations on liability to the fullest extent permitted by law.
• Our total liability to you will be limited to the amount, if any, you have paid to us for access to the website or any related service, subject to applicable legal constraints.

Indemnification

You agree to defend (at our request), indemnify, and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees and costs, arising out of or related to any of the following (including as a result of your direct activities on the website or those conducted on your behalf):

1. Your Use of the Website

   • Any uploads, access, or use of the website by you or third parties acting on your behalf.

2. Breach of Terms

   • Your breach or alleged breach of these Terms of Use.

3. Violation of Third-Party Rights

   • Your violation of any third-party rights, including but not limited to intellectual property rights, rights of publicity, confidentiality, privacy, or property rights.

4. Violation of Laws

   • Your violation of any applicable laws, regulations, statutes, ordinances, or orders from governmental or quasi-governmental authorities.

5. Misrepresentation

   • Any misrepresentation or false statement made by you.

Cooperation in Defense:
You agree to cooperate with us as fully as required in the defense of any claim. We reserve the right to assume exclusive control and defense of any matter subject to indemnification by you, and you may not settle any claim without our prior written consent.

Disclaimers

1. Website Provided "As Is"
   The website is provided on an "as is," "as available," and "with all faults" basis. To the fullest extent permissible by law, we make no warranties or representations, express or implied, regarding:

   • The website or its services.
   • The content or user-generated content on the website.
   • Security associated with the transmission of information to or from the website.

2. Disclaimed Warranties
   We disclaim all warranties, including but not limited to:

   • Merchantability: Suitability for a particular purpose.
   • Non-Infringement: Freedom from intellectual property infringement.
   • Title: Ownership or quiet enjoyment of the service.
   • Freedom from Viruses: Assurance that the website or its server is free from harmful components.
   • Accuracy or Usefulness: Reliability or completeness of the information provided.

3. No Guarantee of Uninterrupted Service

   • We do not guarantee that the website will operate error-free or uninterrupted.
   • We do not guarantee that any defects will be corrected, or that the website or its servers are free from harmful components such as viruses or malware.

4. No Legal Warranties

   • We make no warranties about the legality of your use of the website in your jurisdiction.
   • You are solely responsible for ensuring that your use complies with applicable laws in the jurisdictions where you access the website.

5. Jurisdictional Limitations
   Some jurisdictions may not allow the disclaimer of implied warranties. If this applies to you, certain disclaimers in this section may not apply to the extent prohibited by applicable law.

6. No Endorsement of Content

   • We do not endorse any content on the website, including user-generated content.
   • We specifically disclaim liability for any loss, damage, or harm arising from reliance on or use of any content.

Your Acknowledgment:
By accessing or using the website, you:

• Acknowledge that your use is at your sole risk.
• Represent and warrant that your activities on the website are lawful in all jurisdictions where you access it.

Age Restrictions on Use of Our Website

By using this website, you represent and warrant that:

1. You are at least the age of majority in your state or province of residence.
2. If you are the age of majority and permit minor dependents to use this website, you have provided your consent for them to do so.

Mobile Messaging Program Terms of Service

We offer a mobile messaging program, Shi Beauty Supply SMS (the “Program”), subject to these terms and conditions. By opting into or participating in the Program, you accept and agree to these Mobile Messaging Terms. These terms are specific to the Program and do not modify other terms or policies governing your relationship with us in other contexts.

1. Opt-In

By opting into the Program, you consent to receive recurring automated marketing and informational text messages(e.g., SMS, MMS, or RCS) to the mobile number you provide. These messages may include content sent using an automatic telephone dialing system (“autodialer”), although not all messages are sent using such technology.

Key Requirements:

• A wireless device with text messaging capability.
• A participating wireless carrier.
• Active text messaging service with applicable message and data rates.

The Program may involve recurring messages and additional messages based on your interactions with us. We reserve the right to adjust the frequency of messages or change the number or short code used to send messages.

Note: Consent to receive mobile messages is not a condition of any purchase.

2. Message Rates and Limitations

Standard message and data rates may apply. If your mobile device does not support MMS, messages may be sent as SMS terminating messages (TMs).