Welcome to the Swarprof® Shampoo website (the “Site”). The following terms and conditions, together with any documents they expressly incorporate by reference govern your access to and use of swarprof.shop, including any content, functionality and services offered on or through swarprof.shop (the “Service”).
Please read the Terms of Use carefully before you start to use the Site. By using the Site or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy incorporated herein by reference. If you do not want to agree to these Terms of Use including the agreements incorporated by reference herein, you must not access or use the Site.
1. Who May Use the Site
This Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you (i) are of legal age to form a binding contract with Swarprof® Shampoo; and (ii) will not allow any minor to access or use the Site. If you do not meet these requirements, you must not access or use the Site.
2. Changes to the Terms of Use
Swarprof® Shampoo may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
3. Accessing the Site
We reserve the right to withdraw or amend this Site, and any products, service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Site.
- Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete.
4. Intellectual Property Rights
The Site and its entire contents, features and functionality, including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof (“Swarprof® Shampoo Content”), are owned by Swarprof® Shampoo, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except for:
- Your own personal, non-commercial use.
- Printing or downloading extracts of the material on the Site for your personal use.
- Images, videos or other content embedded in or linked from the Site for non-commercial use.
You must not:
- Use any illustrations, photographs, video or audio content or graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
If you print off, copy or download any part of our Site in breach of these Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
The Swarprof® Shampoo name and logo are trademarks of Swarprof® Shampoo and may not be copied, imitated or used, in whole or in part, without the prior written permission of Swarprof® Shampoo. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Swarprof® Shampoo, and may not be copied, imitated or used, in whole or in part, without prior written permission from Swarprof® Shampoo.
5. No Warranties
This site is provided “as is,” Swarprof® Shampoo and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Swarprof® Shampoo nor its suppliers and licensors, makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted.
You understand that you download from, or otherwise obtain content or services through, the Site at your own discretion and risk.
6. Limitation of Liability
In no event will Swarprof® Shampoo, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Swarprof® Shampoo under this agreement during the twelve (12) month period prior to the cause of action. Swarprof® Shampoo shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
7. General Representation and Warranty
You represent and warrant that your use of the Site will be in strict accordance with the Swarprof® Shampoo Privacy Policy, with this Agreement and with all applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. Indemnification
You agree to indemnify and hold harmless Swarprof® Shampoo and its licensee and licensors, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Contributions, any use of the Site’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.
9. Geographic Restrictions
The owner of the Site is based in the State of California in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries.
10. Dispute Resolution
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Use (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Strasbourg, France. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of the state of California.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
Governing Law
This Agreement shall be governed in all respects by the laws of the state of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions.
Changes
No provision of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach.
Severability
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Entire Agreement
This Agreement, including the Swarprof® Shampoo Privacy Policy and the Terms of Use, represents the entire agreement between the Parties and supersedes all prior agreements or communications between the Parties hereto with respect to the subject matter hereof.
11. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Site content infringes upon your copyrights, please submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit Swarprof® Shampoo to locate the material;
- Information reasonably sufficient to permit Swarprof® Shampoo to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
12. No Use By Minors
The Site is not intended for use by individuals under the age of 18. We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children have provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
13. Changes to This Terms and Conditions
We may update our Terms and Conditions from time to time. The changes are effective as of the stated “Last Updated” date and will apply to your use of this platform and products from that point onwards.
Therefore, you should review the Terms periodically for updates. When we change the Terms in a material manner, we will let you know and seek your consent to the new Terms via an email to your registered email ID or as a notification on this website. Your continued use of this platform signifies your acceptance of the updated Terms. If you do not wish to agree to the changes, you should stop using the website.
14. Contact Us
If you have any questions about these Terms and Conditions, please contact us at:
Swarprof® Shampoo
123 Shampoo Lane
Shampoo City, CA 12345
United States
Email: [email protected]