Terms of service

If you visit www.shadeeco.com (the “Site” or www.shadeeco.com”), you agree to accept these Terms and Conditions of Service (“Terms”), and those described in the SHADEECO Privacy Policy and SHADEECO’s Limited Warranty. Please read them carefully. In addition, when you use www.shadeeco.com, you are subject to our guidelines and conditions. If you do not agree to the following Terms, you may not use the Site.

PLEASE NOTE THAT (1) THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION AGREEMENT THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO CLAIMS OR DISPUTES YOU MAY HAVE WITH SHADEECO.

ELECTRONIC COMMUNICATIONS.

Anytime you send SHADEECO an e-mail, provide customer feedback directly on the Site, or create or log into an account on the Site, you are communicating with us in an electronic format. This gives SHADEECO permission to communicate back to you and you agree to receive such communication(s) in an electronic format, either by e-mail or text written on our website. With this, we both mutually agree that any disclosures or notices, or any other communication that is provided to you by SHADEECO is effective when sent and satisfies all legal notification requirements regardless of when you receive or whether you read the communication. When you create an account, you agree to allow SHADEECO to add you to our marketing email list and subscribe to the SHADEECO Newsletter. You represent that you are of legal age to receive such communications, including exclusive offers. You can opt-out or otherwise unsubscribe at any time. SHADEECO may share your information with third parties for SHADEECO’s own market research purposes in accordance with our Privacy Policy.

YOUR WWW.SHADEECO.COM ACCOUNT.

By creating and obtaining an account you affirm that you will follow these Terms. If you use this Site, you are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You agree that you will never share your user ID and password with anyone else for any reason. You agree that you will not permit the use of your account by anyone but yourself. You agree that if you have reason to believe that the security of your account has been compromised, or there is use of your account by another person, you will notify SHADEECO immediately at info@shadeeco.com. You agree to accept responsibility for all activities that occur under your account or password and will indemnify and hold harmless SHADEECO from any damages that arise out of or in relation to use of your account.

You must provide complete and accurate information about yourself during the account creation process. It is your responsibility to update this information if and when it changes. We will handle your information consistent with our Privacy Policy. 

We reserve the right to restrict access to, suspend, disable, terminate, and/or delete your account for any reason that we deem necessary, or for no reason. In the event your account is suspended, disabled, terminated, or deleted, your only option is to request reinstatement of your account by contacting SHADEECO at info@shadeeco.com.

COMMENTS, COMMUNICATIONS, AND OTHER CONTENT.

Customers and visitors may leave comments or other appropriate content on www.shadeeco.com or provide comments or other feedback via e-mail and other communications. You are also encouraged to submit suggestions, ideas, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” (collectively “Spam”). SHADEECO reserves the right to remove or hide any Spam from its Site. Do not use a false e-mail address, impersonate a third-party person or entity, or otherwise mislead SHADEECO as to the origin of a communication.

Any material or communication transmitted by you to this Site or SHADEECO will not be treated as confidential. By submitting any comments or content to us, you grant us a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use that content for any purposes, including, without limitation, a license to reproduce, prepare derivative works, distribute, perform publicly, transmit, broadcast, and display the content. Any ideas, concepts, or other materials transmitted by you to SHADEECO may be used in any manner, including reproduction, transmission, publication or broadcast without compensation. We have the right, at our sole discretion, to edit, hide, remove, or otherwise refuse to post content submitted by you.

INTELLECTUAL PROPERTY.

Copyright. All content included on this Site, such as text, graphics, photos, logos, button icons, images, audio clips, digital downloads, data compilations, are protected by United States and international copyright laws. No portion of the information on this Site may be copied or reproduced in any form, or by any means without prior written permission from SHADEECO. Users or visitors are not permitted to modify, distribute, publish, transmit, copy or create derivative works of any material found on this Site or any SHADEECO publication for any public, private, or commercial purpose.

Trademarks. SHADEECO, www.shadeeco.com and other graphics, logos, page headers, button icons, scripts, and service names are trademarks and registered trademarks of SHADEECO.

License and Site Access: SHADEECO grants you a limited license to access and make personal use only of the www.shadeeco.com Site. Such grant does not include, without limitation:

1. any resale or commercial use of the Site or content therein, or download or modify any portion of the Site, except through page storing.
2. the collection and use of any product listings, pricing, or descriptions.
3. making derivative uses of the Site and its contents; or
4. any copying or downloading of information for the benefit of a third party.
5. use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of SHADEECO, or any third party.

Any unauthorized use will immediately terminate your permission to use this Site. You may not use any SHADEECO text, graphics, photos, logos, button icons, images, audio clips, digital downloads or data compilations without the express written permission of SHADEECO.

Copyright Complaints. SHADEECO respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our offices immediately.

DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, RISK OF LOSS AND INDEMNIFICATION.

SHADEECO products, this Site and all information, content, materials, products, software and services included on or otherwise made available to you through this Site are provided by www.shadeeco.com or its affiliates on an “as is” basis, unless otherwise specified in writing. SHADEECO, www.shadeeco.com and its affiliates make no representations or warranties of any kind, express or implied, as to the products or the operation of this Site or the information, content, materials, products, software or services included on or otherwise made available to you through this Site, unless otherwise specified in writing. SHADEECO, www.shadeeco.com attempts to be as accurate as possible when posting content. You expressly agree that your use of SHADEECO products or this Site is at your sole risk.

To the fullest extent permissible by applicable law, SHADEECO and www.shadeeco.com and its affiliates disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, unless otherwise stated. SHADEECO and www.shadeeco.com and its affiliates do not warrant that SHADEECO products; this Site; information, content, materials, products, software, or services included on or otherwise made available to you through this Site; their services; or email sent from www.shadeeco.com are free of defects, viruses, or other harmful components. Neither SHADEECO nor www.shadeeco.com and its affiliates will be liable for any damages of any kind arising from the use of SHADEECO products, this Site or from any information, content, materials, products, software or services included on or otherwise made available to you through this Site, including but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

You agree to indemnify, defend, and hold harmless SHADEECO and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, liabilities, damages, losses, obligations, costs or debt, expenses (including reasonable attorneys’ fees) out of or in connection with: (i) your use of and access to any SHADEECO products or services, or this Site, including any data or content transmitted or received by you, (ii) your violation of these Terms, including without limitation your breach of any of the representations or warranties herein or your obligations under this section, (iii) your violation of any third party right including without limitation any right of privacy or intellectual property rights, (iv) your violation of any applicable law, rule or regulation, (v) any content that is submitted via your account, including without limitation, misleading, false or inaccurate information, (vi) your willful misconduct or (vii) any other party’s access and use of the Site with your unique username, password or other appropriate security code.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

SHADEECO reserves the right to change any and all content contained on this Site at any time without notice.

APPLICABLE LAWS; COMPLIANCE AND EXPORT CONTROL LAWS.

By visiting www.shadeeco.com, you agree that the laws of the United States and of the State of Arizona, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and www.shadeeco.com or its affiliates.

Visitor or user access to www.shadeeco.com is governed by all applicable federal, state, and local laws. All information available on www.shadeeco.com is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.

DISPUTE RESOLUTION – ARBITRATION AGREEMENT

YOU AND SHADEECO EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED BELOW, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION, RATHER THAN IN COURT, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT

Arbitration

We will try to resolve any problems or issues that you may have with our services or organization. If, we are unable to reach a mutually satisfactory resolution, each of us agrees that any dispute or controversy between us, or arising in any way out of the use or operation of our web site or other services, or any information, services, products, and materials contained in this site or available through our other services, shall be submitted to confidential arbitration in Scottsdale, Arizona, except that, to the extent you have in any manner violated or threatened to violate Shadeeco’s intellectual property rights, Shadeeco may seek injunctive or other appropriate relief in any state of federal court in the state of Arizona, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise.

Severability

If any clause within this Arbitration is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect.

MISCELLANEOUS.

Severability.  If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Modifications to these Terms. SHADEECO reserves the right to change these Terms at its sole discretion, at any time, without notice. However, the Terms in effect at the time you use the Site shall govern your and our rights arising out of such use of the Site. At the end of these Terms, the date of such Terms shall be stated.

PRIVACY.

To fully understand the conditions and business practices of SHADEECO, LLC (“SHADEECO”) and your guidelines to conduct business with us, please review our Privacy Policy which is incorporated into these Terms by reference.