Terms of Service
Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using www.capesbysheena.com (“the Site”) operated by Capes by Sheena (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.capesbysheena.com.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Capes by Sheena without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
NO WARRANTIES OF ANY KIND (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE GIVEN WITH RESPECT TO THE PROPRIETARY INFORMATION DISCLOSED OR USED UNDER THIS AGREEMENT, AND NEITHER PARTY SHALL BE LIABLE TO THE OTHER DAMAGES ARISING OUT OF OR CAUSED BY DEFECTS OR DEFICIENCIES IN THE PROPRIETARY INFORMATION OF EITHER PARTY, WHETHER DIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE.
Moreover, the Capes by Sheena site provides’ the market with a wide range of fashionable salon apparel with an unprecedented selection. Currently, Beauty Professionals and Beauty Retail stores do not have various styles to choose from by opting to use the Capes by Sheena products and/or services we’ll be able to help fulfill several benefits that are important to their customers outside of what they are currently offering.
The Site and its original content, graphic, images, videos, features and functionality are owned by Capes by Sheena and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
About Our Selection & Accessibility
We offer a Hand-made selection of fashionable salon apparel including but not limited to salon capes, aprons and chemical resistant products.
Products are made available on through our site or through several beauty conventions around the nation. Our next upcoming beauty convention is ISSE beauty show in Long Beach, CA January 2015.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by Capes by Sheena.
This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the United States (USA) and Utah without giving effect to any principles of conflicts of law.
Customer Service and Pricing
The patron will be impressed with the degree of care that they receive from our hand-made selection but what’s most important is we keep our eyes and ears very attentive to our customers’ needs always keeping them first during all business transactions
All products will be priced competitive to the Salon/Spa Apparel market. Currently no one can compete with our top quality hand-made salon apparel from $10 an item. In addition to our products, we offer personalized items at the most competitive price as well, as low as $1.70 per item to personalize
VIP and Recurring Billing
When subscribing to the VIP MEMBERSHIP there is a $30.00 ONE TIME Membership fee (no contract, cancel anytime). Moreover, this also comes with a $10 recurring fee.
Please note that if you miss or fail to process a payment to gain access as a VIP member you must pay $30 to get access to the VIP Membership again.
In addition, by accepting these terms with agreeing to these terms you give capes by Sheena authorization to deduct VIP Membership and recurring fees.
No Contract Information
Freeze or cancel within 30 days from your next billing cycle. Want to skip a month or wait two, freeze or cancel your account by email firstname.lastname@example.org. Due to banking and holiday hours, It may take up to 5 business days to cancel or freeze an account.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
If you have any questions about this Agreement, please contact us.
For any disputes or discrepancies you may have with Capes by Sheena, you agree to first contact us and attempt to resolve the dispute with us informally. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitrator shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties.
All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copy no later than 30 days after the notice of arbitration is served.
The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.
Copyright and trademark notices
All contents of the www.capesbysheena.com website are Copyright © 2014Capes by Sheena and/or its suppliers, affiliates and partners. All rights reserved.
Disclaimer:The images, products, services and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied and shall remain under Capes by Sheena possession unless agreed upon by Capes by Sheena and user/client.
CAPES BY SHEENA SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Capes by Sheena takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our images, products or services. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
Capes by Sheena™ and www.capesbysheena.com™ is registered trademark of Capes by Sheena. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
No waiver of any term of these Terms shall be deemed a further continuing waiver of such term or any term, and Capes by Sheena’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision
Notices and procedure for making claims of copyright infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE ABOVE PROCEDURE WILL RECEIVE NORESPONSE.
This Agreement was last modified on September 17, 2014.