Overview
Shady B Fans operates this website. Throughout the site, the terms “we,” “us,” and “our” refer to Shady B Fans. We offer this website, including all information, tools, and services available from it, to you. The user—conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
When you visit our site or make a purchase, you engage in our “Service” and accept the following Terms of Service. These terms apply to all users of the site, including browsers, vendors, customers, and contributors. Please read these Terms carefully before accessing or using our website.
If you do not agree to all the terms, then you may not access the website or use any services. Any new features or tools added to the store are also subject to these Terms. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update or change any part of these Terms by posting updates on our website. Your continued use of the site after such changes means you accept those updates.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. And you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
When you use our Services—whether browsing our online store or purchasing products. You must provide certain information, including your email address, billing details, payment method, and shipping address. You represent and warrant that all the information you provide in our stores is correct, current and complete . And that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen. It is due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations . Or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time . And may limit the quantities of any products that we offer to any person. Geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Shady B Fans reserves the right to accept or decline your order for any reason at its discretion. Shady B Fans accepts your order only after we confirm it. We accept your order only after we receive and process your payment. Please review your order carefully before submitting it. Because Shady B Fans might not be able to cancel it once we accept it. If we decline, modify, or cancel an order, we will notify you. By using the email, billing address, or phone number you provided when placing the order.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use . And not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. Your order confirmation email shows the price in effect when you placed the order. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Our online store prices may differ from those in physical stores or from prices offered by third-party sellers. From time to time, we offer promotions through our Services that may affect pricing. And follow separate terms and conditions. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. And agree to promptly update your account and other information. Including your email address, credit card numbers and expiration dates. So that we can complete your transactions and contact you as needed.
You confirm that
(i) the credit card information you provide is true, correct, and complete,
(ii) you are authorized to use that card for the purchase,
(iii) your credit card company will honor all charges, and
(iv) you will pay the posted prices, including shipping, handling, and any applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. We provide estimated delivery times but cannot guarantee exact arrival dates. We cannot control or take responsibility for delays caused by carriers, customs, or unforeseen events. Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 – INTELLECTUAL PROPERTY
Shady B Fans, along with its affiliates and licensors, owns all elements of our Services. Including trademarks, brands, text, images, graphics, product reviews, videos, and audi. As well as their design, selection, and arrangement.U.S. and international patent, copyright, and intellectual property laws protect these materials.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works. Publicly display, publicly perform, republish, download, store, or transmit any of the material. On the Services without our prior written consent. Except as expressly stated in these Terms, Shady B Fans, Shopify, and third parties do not grant you any license or rights. Under any patent, trademark, copyright, or other intellectual property. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. Shady B Fans reserves all rights not expressly granted in these Terms.
Shady B Fans’s names, logos, product and service names, designs, and slogans are trademarks . They are of Shady B Fans or its affiliates or licensors. You must not use such trademarks without the prior written permission of Shady B Fans. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks . They are of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services. 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 any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the 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, in the future, offer new features through the Services. Including the release of new tools and resources. We will treat all new features as part of the Services. And they will remain subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties. Including any embedded third party functionality. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. You choose to access. If you decide to leave the Services to access these materials or third party sites. You do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites. Or your purchase or use of any products, services, resources, or content on 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. Please direct any complaints, claims, concerns, or questions about third-party products or services to the respective third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[Note to Merchant: Keep this section unchanged, as it accurately describes Shopify’s relationship with your store.]
Shopify powers Shady B Fans, allowing us to deliver our Services to you. However, all sales and purchases in our Store take place directly with Shady B Fans. By using the Services, you acknowledge and agree that Shopify is not responsible. For any aspect of any sales between you and Shady B Fans. Including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities. Arising from or related to your purchases and transactions with Shady B Fans.
SECTION 10 – PRIVACY POLICY
Our Privacy Policy, available here [LINK], governs all personal information we collect through the Services. Some personal data may also fall under Shopify’s Privacy Policy, which you can view here.. By using the Services, you acknowledge that you have read these privacy policies.
Since Shopify hosts our Services, it collects and processes personal information about how you access . And use them to provide and improve your experience. When you submit information through our Services. We share it with Shopify and third parties. Some of which may operate in countries outside your residence—to help us provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”). You grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display. Such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services. And to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that:
(i) you own or have all necessary rights to all Feedback;
(ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and
(iii) your Feedback will comply with these Terms.
We are and shall be under no obligation
(1) to maintain your Feedback in confidence;
(2) to pay compensation for your Feedback; or
(3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion. To be 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 Feedback will not violate any right of any third-party. Including copyright, trademark, privacy, personality or other personal or proprietary right. And further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback. Or contain any computer virus or other malware that could in any way affect the operation of the Services 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 Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain 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 is inaccurate at any time without prior notice . It includes after you have submitted your order.
SECTION 13 – PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:
(a) for any unlawful or malicious purpose;
(b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person;
(e) to transmit false or misleading information;
(f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms;
(g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
(h) to impersonate or attempt to impersonate any other person or entity; or
(i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Shady B Fans, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to:
(a) 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 Services;
(b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services;
(c) collect or track the personal information of others;
(d) spam, phish, pharm, pretext, spider, crawl, or scrape; or
(e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time. Without notice, if we determine that you have violated any part of these Terms.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) . In our sole discretion at any time without notice. And you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy. And any other provisions that by their nature should survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
We provide the information on or through the Services solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We do not accept any liability or responsibility for any reliance you. Other visitors, or anyone informed of the content place on such materials.
EXCEPT AS EXPRESSLY STATED BY Shady B Fans, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ‘AS IS’. Additionally 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. We do not guarantee, represent, or warrant that you will use the Services without interruptions, delays, security issues, or errors. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES . SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Shady B Fans. However OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES. 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 SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES. OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT. MOREOVER, 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 SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED. OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Shady B Fans, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers. From any losses, damages, liabilities or claims. Including reasonable attorneys’ fees, payable to any third party due to or arising out of
(1) your breach of these Terms of Service or the documents they incorporate by reference,
(2) your violation of any law or the rights of a third party, or
(3) your access to and use of the Services.
We will notify you of any indemnifiable claim. However, if we fail to notify you promptly. It will not release you from your obligations unless the delay causes you significant prejudice. We may manage the defense and settlement of such claims at your expense. Including selecting counsel, but we will not settle any claim. That requires non-monetary obligations from you without your reasonable consent. You will cooperate in the defense of indemnified claims. Including by providing relevant documents.
SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is found unlawful, void, or unenforceable, we will still enforce it. To the fullest extent allowed by law. The unenforceable part will be removed from these Terms. But this will not affect the validity or enforceability of the remaining provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
The failure of us 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 site or in respect to the Service constitutes the entire agreement . And understanding between you and us and governs 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 interpreting these Terms of Service will not be interpreted against the party that drafted them.
SECTION 20 – ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms. Without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreements under which we provide Services shall be governed by and construed in accordance. With the laws of the jurisdiction in which Shady B Fans is headquartered. And any disputes shall be subject to the exclusive jurisdiction of its federal and state or territorial courts. You and Shady B Fans consent to venue and personal jurisdiction in such courts.
SECTION 22 – HEADINGS
The headings in this agreement are provided for convenience only and shall not limit or otherwise influence the interpretation of these Terms.
SECTION 23 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in 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. We will notify you of any material changes to these Terms in accordance with applicable law. And such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
If you have any questions regarding these Terms of Service, please contact us at shadybfans@gmail.com.