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Terms of Use
Please carefully read the following terms of use which govern your use of www.shopSHIFTboutique.com. Your use of www.shopSHIFTboutique.com constitutes your acceptance of and agreement to the following terms of use. If you are unwilling or unable to be bound by the following terms of use, exit www.shopSHIFTboutique.com now.
1. Definitions.
“Terms of Use” refers to the terms, conditions, and notices contained or referenced in this agreement.
“Shift Boutique, LLC”, “us,” and “we” refer to Shift Boutique, LLC.
The “Site” refers to Shift Boutique, LLC website, www.shopSHIFTboutique.com.
“User” refers to anyone who accesses, browses, or in any way uses the Site.
“You” and “your” refer to any user of the Site.
“Content” refers to any information, texts, data, communication, photos, videos, graphics, sounds, logos, trademarks, service marks, works, or any other materials or services viewable or accessible on the Site.
2. Binding Agreement. This is a binding agreement. By using the Site or any service connected with the Site, you agree to abide by these Terms of Use and any amendments or modifications to these Terms of Use that Shift Boutique, LLC may, in its sole discretion without notice to you, make from time to time. It is your responsibility to review these Terms of Use periodically to familiarize yourself with any amendments hereto. Your continued use of the Site following amendments to these Terms of Use constitutes your acknowledgement of and agreement to be bound by the amended Terms of Use.
3. Site Transactions. Shift Boutique, LLC reserves the right to, in its sole discretion, refuse, limit, or cancel any order placed on the Site.
4. Personal Information Submitted on the Site. You may submit personal information on the Site or otherwise interact with the Site knowingly or unknowingly. Your submission of such information and/or interaction with the Site is governed by Shift Boutique, LLC privacy policy, which you can access via the “Privacy Policy” link on the Site. These Terms of Use incorporate by reference the terms and conditions set forth in the Privacy Policy.
5. Shift Boutique, LLC Intellectual Property. You acknowledge and agree that all content presented to you on this Site is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws and is the sole property of Shift Boutique, LLC and/or its affiliates or third-party licensors. You may not reproduce, post on any other Site, modify, distribute, or transmit any portion of this Site without the Shift Boutique, LLC expressly written consent. Any unauthorized use of the Site’s Content may subject you to civil or criminal penalties.
6. No Warranties. [Shift Boutique, LLC makes all reasonable efforts to ensure that the Site’s contents are up-to-date and correct. However, [Shift Boutique, LLC makes no warranties as to the accuracy of any of the information or Content provided on the Site. Information and Content is provided on the Site “As Is” without warranty of any kind. Shift Boutique, LLC expressly disclaims any and all warranties, express or implied, regarding the Site including, without limitation: any implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement.
7. Limited Liability. Shift Boutique, LLC liability to you is limited. In no event shall Shift Boutique, LLC be liable to you for any direct, indirect, punitive, incidental, special or consequential damages arising out of or, in any way, connected with your viewing, downloading, accessing, copying or using the Site Content.
8. Linked Websites. The Site may contain links to other websites or resources provided by third parties that are not under Shift Boutique, LLC’s control. This includes links contained in advertisements, including, without limitation, banner advertisements and sponsored links. Shift Boutique, LLC makes no guarantees and has no responsibility to you relating to the content of the linked websites. Further, links to other websites do not constitute Shift Boutique, LLC’s endorsement of those websites.
9. Indemnification. You agree to indemnify, defend, and hold harmless Shift Boutique, LLC, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third-party claims, losses, liability, damages, and/or costs, including reasonable attorney fees, arising out of or resulting from your access or use of the Site or your infringement of any intellectual property or other rights of any person or entity.
10. Termination. Shift Boutique, LLC reserves the right to terminate your use of the Site for any reason. Upon termination, regardless for the reason therefore, your right to access the Site or use the services available on the Site immediately ceases, and you acknowledge and agree that Shift Boutique, LLC may immediately deactivate or delete your account and all related files and bar you from further accessing such files or the Site.
11. Governing Law. These Terms of Use and any dispute arising from or out of these Terms of Use are governed by the laws of the State of Idaho without regard to conflict of law provisions thereof. Any lawsuit arising from or related to this agreement shall be brought exclusively before the state and federal courts in Ada County, Idaho, and you hereby consent to the jurisdiction of those courts.
12. Severability. If any provision of these Terms of Use is determined by a court of appropriate jurisdiction, to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provisions that most closely matches the intent of the original provision and the remainder of the Privacy Policy shall in full force and effect.
13. Waiver. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
14. Entire Agreement. These Terms and Conditions constitute the entire agreement and understanding between you and Shift Boutique, LLC relating to your use of the Site and supersedes any prior agreements or understandings between you and Shift Boutique, LLC relating to your use of the Site.
15. Acknowledgement. By using or accessing the Site, you acknowledge that you have read these Terms of Use and agree to be bound by them.