Introduction
Welcome to Shyanne® Boots, Jeans, Clothing, Hats, Dresses, Jewelry (“Shyanne,” “we,” “us,” or “our“). These Terms of Use (“Terms“) are a legal agreement between you and Shyanne governing your access to and use of theshyanne.com (the “Website“), including any content, functionality, products, and services offered on or through the Website, whether as a guest or a registered user.
Please read these Terms carefully before using the Website. By accessing or using the Website, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Website.
Privacy Policy
Please review our Privacy Policy, which also governs your use of the Website, to understand our practices regarding the collection, use, and disclosure of your personal information.
Changes To These Terms
We may modify these Terms from time to time. If we decide to materially change these Terms, we will post the updated Terms on this page and notify you by posting a notice on the Website or contacting you via email or other means. The changes will become effective 30 days after posting the notice or notifying you. Your continued use of our Website constitutes your acceptance of the changes. If you do not wish to continue using the Website under the new version of the Terms, you may terminate your account as provided in these Terms.
Account Eligibility
You must be at least 18 years of age to access or use the Website. If you are under 18 years of age (or the age of legal majority where you live), you may only use the Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you (or your parent or guardian) do not agree to these Terms, you must not access or use the Website.
Member Accounts
In order to access certain features, products or services offered on the Website, you may be asked to register and create a member account (“Account“). When you create an Account, you agree to provide accurate and complete information about yourself, and to promptly update your information if it changes.
You are solely responsible for your Account information and activities. You may not enable anyone else to use your Account. You may not transfer or sell access to your Account.
You are responsible for maintaining the confidentiality of your password, and are fully responsible for any activities that occur under your password or Account. You agree to immediately notify us of any unauthorized use of your password or Account.
Intellectual Property
The Website and its content, features, functionality, and services, including all information, software, text, displays, images, video, audio, designs, graphics, logos, patents, trademarks, service marks, trade names, and other intellectual property (collectively, “Shyanne IP“), are owned by or licensed to Shyanne and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
You agree not to copy, distribute, modify, reverse engineer, decompile, translate, disassemble, or create derivative works based on Shyanne IP. You may not use Shyanne IP in any manner that infringes, misappropriates, or violates the intellectual property rights of Shyanne or any third parties.
User Content
By submitting, posting, displaying, transmitting, or otherwise distributing information, content, images, videos, reviews, or other materials to Shyanne or on the Website (“User Content“), you grant Shyanne a nonexclusive, perpetual, irrevocable, worldwide, royalty-free, transferrable, sublicensable license to access, use, store, copy, modify, prepare derivative works based upon, distribute, publish, transmit, stream, broadcast, and otherwise exploit your User Content for any purpose, including to promote and redistribute part or all of the Website or derivative works thereof in any form, format, or medium.
You represent and warrant that: (i) you own your User Content or have the right to grant the foregoing license; (ii) Shyanne’s use of your User Content will not violate any law or infringe any third party rights, including intellectual property rights, rights of privacy and publicity; and (iii) your User Content does not contain malicious code or spam.
Shyanne takes no responsibility for and does not expressly or implicitly endorse any User Content. Shyanne has no obligation to monitor or control User Content, but has the right to disable access, edit, block or delete any User Content at any time.
Restrictions on Use
You agree not to:
- Post, transmit, distribute, or otherwise make available any content that is unlawful, threatening, abusive, harassing, deceptive, defamatory, obscene, sexually explicit, infringing, harmful, hateful, racially or ethnically offensive, or otherwise objectionable.
- Harm minors in any way.
- Impersonate any person or entity, falsely claim an affiliation, or access the Accounts of others without permission.
- Forge headers, identifiers or other data in order to disguise the origin of any content transmitted through the Website.
- Remove any copyright, trademark, or other proprietary notices contained on the Website.
- Introduce any malware, viruses, Trojan horses, worms, logic bombs, spyware, adware, or other harmful or malicious code into the Website.
- Use any robot, spider, crawler, scraper, or other automated means to access the Website for any purpose without our express written permission.
- Violate the restrictions in any robot exclusion headers on the Website, or bypass or circumvent other measures employed to prevent or limit access to the Website.
- Take any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure.
- Harvest or otherwise collect information about others without their consent.
- Circumvent, disable or otherwise interfere with security-related features or features that enforce limitations on use of the Website.
- Engage in any illegal, fraudulent, false, deceptive, or misleading activity in connection with your use of the Website.
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website.
- Remove, alter, or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on the Website.
Purchases and Payments
If you wish to purchase any products or services made available through the Website (“Purchases”), you may be asked to supply certain payment and billing information. You represent and warrant that: (i) you have the legal right to use any payment or billing method you provide; and (ii) that the information you supply is true, accurate and complete.
We will charge and you authorize us to charge all Purchases, taxes, shipping and other applicable charges to the payment method you provide. We may correct any billing errors or mistakes even if we have already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your payment method, we reserve the right to collect any amounts owed by other legal means.
If you wish to cancel an order, please contact us as provided below. We will approve or deny cancellation requests in our sole discretion. If approved, reimbursement will be issued to the original form of payment. Please note that orders placed with personalized or customized items may not be canceled.
All descriptions, prices and availability of products and services are subject to change at any time without notice. Errors will be corrected when discovered. Additional restrictions, taxes, and fees may apply. We reserve the right to refuse or cancel any orders in our sole discretion.
Shipping and Delivery
When you purchase any physical products, we will arrange for shipping to you. Please refer to our shipping policy located at Shipping Policy for information on shipping methods, costs and delivery timelines. Title to products and risk of loss transfers upon our delivery to the carrier. We are not liable for delays in shipping or non-delivery after handing off the product to our chosen carrier. If you fail to accept delivery, you remain liable for all shipping charges and related costs.
Sales Tax
If purchasing tangible personal property, sales tax may be assessed based on applicable state and local sales tax rates.
Returns and Refunds
If you are not fully satisfied with your purchase, please see our return policy located at Returns and Refunds for information on eligibility for returns and exchanges, and instructions for initiating a return.
We will reimburse you for authorized returns in the original form of payment. You may not receive cash refunds. Shipping costs are nonrefundable.
Any abuse of our return policy may result in rejection of future orders.
User Content Disclaimer
Opinions, advice, statements, offers, or other User Content available on or through the Website do not constitute professional advice. If you require professional advice, please consult a qualified professional.
User Content does not represent the views or opinions of Shyanne. Neither Shyanne nor any third parties provide any guarantee or assurance as to the accuracy, completeness, timeliness, or correct sequencing of User Content. You should use discretion while browsing the Website.
Links to Third Party Websites
The Website may contain links to third-party websites, resources, advertisers, services, special offers, or other events or activities that are not owned or controlled by Shyanne.
We do not endorse or assume any responsibility for any third-party sites, information, materials, products, or services. If you access any third-party website, service, or resource from the Website, you do so at your own risk and understand that these Terms and our Privacy Policy do not apply.
Termination
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Website, or any portion thereof, at any time. We are not responsible for any loss or harm related to your inability to access or use our Website.
Indemnification
You agree to indemnify, defend, and hold harmless Shyanne, our officers, directors, employees, consultants, affiliates, subsidiaries and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including attorneys’ fees) that such parties may incur as a result of or arising from (i) your access to or use of the Website; (ii) your User Content; (iii) your violation of these Terms; (iv) your violation of any rights of any third party; or (v) any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, malware, spyware or other similar software or programs introduced into Shyanne’s systems or the Website through you.
Disclaimers
YOUR ACCESS TO AND USE OF OUR WEBSITE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS.
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING: (i) THE WEBSITE; (ii) USER CONTENT; (iii) PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE; (iv) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM THE WEBSITE; OR (v) ANY USE OF THE WEBSITE.
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ANY WARRANTIES REGARDING NON-INTERRUPTION OF USE, DELAYS, ERRORS, VIRUSES, DEFECTS OR MALFUNCTIONS THAT MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE.
THE WEBSITE MAY CONTAIN INACCURACIES, ERRORS, OR MATERIAL MISSTATEMENTS. WE WILL NOT BE LIABLE FOR ANY INACCURACIES, ERRORS, OR MISSTATEMENTS YOU MAY FIND ON THE WEBSITE. WE MAKE NO GUARANTEES ABOUT THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE WEBSITE.
ANY MATERIAL YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH USE OF THE WEBSITE IS DONE AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, LOSS OR CORRUPTION OF DATA, OR OTHER HARM RESULTING FROM YOUR USE OF THE WEBSITE OR ANY MATERIALS DOWNLOADED THROUGH THE WEBSITE.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE LEVEL OF ACCURACY, COMPLETENESS, CORRECTNESS OR QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS THAT YOU HAVE PURCHASED OR OBTAINED THROUGH THE WEBSITE.
Limitations of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL SHYANNE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR CONTENT, OR (B) FROM ANY CONTENT, ACTIONS, INACTION, OR OTHER INFORMATION OR MATERIALS AVAILABLE, RECEIVED THROUGH, ACCESSED FROM, POSTED TO OR TRANSMITTED VIA THE WEBSITE, EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST SIX MONTHS, OR $100, WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY DESCRIBED ABOVE. AS SUCH, SOME OF THE FOREGOING DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
Dispute Resolution and Arbitration
You agree that any disputes between you and Shyanne arising out of or relating to these Terms or your use of the Website will be resolved solely through confidential binding mandatory arbitration conducted in accordance with the rules of the American Arbitration Association, and such arbitration shall occur in Los Angeles, California.
The arbitrator’s award shall be final and binding on the parties, and may be entered and enforced in any court of competent jurisdiction. You also agree that you will only bring claims against Shyanne in your individual capacity and not on behalf of a class or as a private attorney general. You further agree that you may only recover damages on behalf of yourself and will not recover any damages for Shyanne’s other users or on a class basis.
You may opt out of this dispute resolution procedure by providing notice to us within thirty (30) days of the first consumer arbitration commencement notice, as set forth in the applicable arbitration rules.
Governing Law
These Terms are governed by the laws of the State of California without regard to conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Los Angeles County, California for resolution of any lawsuit or court proceeding permitted under these Terms.
Waiver and Severability
Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. No waiver by Shyanne of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible by law, and the other provisions will remain in full force and effect.
Survival
Any provision that by its nature or express terms should survive termination or expiration of these Terms shall survive, including but not limited to provisions regarding ownership of intellectual property, warranties disclaimers, limitations of liabilities, release, and indemnification.
