TERMS OF SERVICE
Last Updated 2016-10-25

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS OF SERVICE; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

This website, www.shamblz.com, is owned and operated by Shamblz. This Terms of Service governs your relationship with Shamblz (“we,” “us” and “our”) and your access to and use of our website(s), products, services, and applications (collectively, the “Service(s)” and the “Shop”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

These terms, conditions and notices (the “Terms of Service” and the “Terms”) serve as a binding contract between you and Shamblz. By visiting www.shamblz.com (the “Site”and the “Website”), purchasing something from us or by using the Services in any way means that you agree to all of these Terms. These Terms will remain in effect while you use the Service. These Terms include the provisions in this document, as well as those in the Privacy Policy. The Terms apply to all users of the Site, including, but without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any of the Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

We provide these Terms of Service to you as a reference to gain a complete understanding of how our Services work, what kind of personal information we collect, Terms of Sales, and other informative information.

We hope you enjoy your Shamblz experience.

SECTION 1 – GENERAL CONDITIONS

Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the Site and/or Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Site.

You attest and declare that you are of legal age to form a binding contract. Or, if not, your parent or guardian has granted you permission to use the Services and agrees to these Terms on your behalf.

If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

Any new features, products or tools which are added to the Site, Services or Shop shall also be subject to the Terms of Service. We reserve the right to update, change or replace any part of these Terms of Service at any given time. If a change to the Terms occurs, a notice will be posted on the home page of the Site for the 30 days prior to the change going into effect. You can review the most current version of the Terms of Service at any time on this page.

The most current version of the Terms of Service will supersede all previous agreements, written or oral, between you and Shamblz. If any provisions of this Agreement is declared void or unenforceable by any judicial authority, this shall not nullify the remaining provisions of the Agreement, which shall remain in full force and effect.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adhere to technical requirements of connecting networks or devices. However, credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this Agreement are included for your convenience only and will not limit or otherwise affect these Terms.

If you have any questions, comments, or concerns regarding theseTerms or Services, please contact us at support@shamblz.com.

SECTION 2 – PRIVACY POLICY

Shamblz takes the privacy of its users very seriously. Our privacy policy governs how your personal information is collected and used on our Site and is expressly incorporated into these Terms. You can find the current Privacy Policy by clicking the link in the top menu of this page or by clicking here.

According to the Children’s Online Privacy Protection Act (COPPA), the Federal Trade Commission spells out what operators of websites and online services must do to protect children’s privacy and safety online. As stated in our Privacy Policy, we do not knowingly collect or solicit personal information from anyone under the age of 13. We understand and respect the importance of this Act (COPPA). Anyone under the age of 13 is not permitted to use the Site or Services, nor allowed to disclose any personal information to us. If we have mistakenly collected personal information from a child under the age of 13, we will quickly delete any information we have for that individual. Likewise, if you know of a child under the age of 13 who may have provided us personal information, please contact us immediately using the contact form at the bottom of this page or email us at support@shamblz.com.

SECTION 3 – RESPONSIBLE USE AND CONDUCT

You must not misuse this Website. In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content in a manner that:

  1. Violates any law or regulation; Or, to solicit others to perform or participate in any unlawful acts;
  2. Breaches any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  3. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  4. Infringes upon or violates our (shamblz.com) intellectual property rights or the intellectual property rights of others;
  5. Is obscene or for immoral purpose;
  6. Attempts, in any manner, to obtain the password, account, or other security information from any other user;
  7. Violates the security of any computer network, or cracks any passwords or security encryption codes;
  8. Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

You are also prohibited from using the Site or its content to:

  1. Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  2. Spam, phish, pharm, pretext, spider, crawl, or scrape;
  3. Submit false or misleading information;
  4. Collect or track the personal information of others;
  5. 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 Service or of any related website, other websites, or the Internet;

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

You are responsible for any and all activity associated with your account on the Site and Shop. You will not share your account or password with anyone, and you must protect the security of your account and your password.

We are not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

SECTION 4 – ERRORS, INACCURACIES AND OMISSIONS

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not affirm that the results that may be obtained from the use of the Service will be accurate or reliable. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Site is at your own risk.

Occasionally, there may be information on our Site or in the Service that contains 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We are under no obligation to update, amend or clarify information in the Service or on any related website, including and without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 5 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order placed with us for any reason. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we wills attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our Shop. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 6 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

Any opinions, comments, comment replies, submissions, feedback, suggestions, proposals, or any other user submissions or content (collectively, “Content”) publicly posted or privately transmitted through the Site and/or Services are the sole responsibility of the person from whom such Content originated. You access all such information and Content at your own risk. We are not liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content.

We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

When you register on the Site, place an order, submit content on the site,  interact with other users, or use any Service that requires you to create a user account, it is recommended you choose a strong password. You must not share your password with anyone.

You are responsible for all of your activity in connection with the Site and/or Services. You are also responsible for any Content, and its accuracy, you contribute, in any manner, to the Site or Services. You agree that your Content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. Furthermore, you agree that your Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Content. You will keep all your registration information accurate and current.

You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Content that you publish, post or forward to us. We are and shall be under no obligation (1) to maintain any Content in confidence; (2) to pay compensation for any Content; or (3) to respond to any Content. We may, but have no obligation to, monitor, edit or remove Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

SECTION 7 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible for information or material on this Site that is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.

We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

SECTION 8 – EXTERNAL LINKS AND WEBSITES

Our Site may contain links to other third-party websites and services which are not affiliated or operated by shamblz.com. We have no control over linked and third-party websites and are not obligated to or responsible for examining or evaluating the content or accuracy on those sites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

Your use of the linked third-party sites will be subject to the terms and policies contained within each such site. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Your use of any 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). 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.

Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – LINKING TO THIS SITE

You may link to our Home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Site must not be framed on any other site, nor may you create a link to any part of this Website other than the Home page. We reserve the right to withdraw linking permission without notice.

SECTION 10 – PRODUCTS AND SERVICES

Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display the colors and images of our products that appear at the store as accurately as possible. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We take a lot of care when arranging and displaying product information, descriptions and images on our Site, however there will occasionally be errors. We will not be held responsible for any mistakes or omissions to any product, service or other information offered or displayed on our Site.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

SECTION 11 – MODIFICATIONS TO THE SERVICES AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time, and for any reason.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any products or the Service.

SECTION 12 – TERMS OF SALE

The general Terms of Sale detailed below govern the contractual relationship between the User (“you” or “customer”) and Shamblz (“we,” “us” and “our”), belonging to Bianca Lengsfeld. Both parties accept these Conditions unreservedly. These general Terms of Sale (“Terms”), our Terms of Service, including our Privacy Policy, are the only conditions that are applicable and replace all other conditions, except in the case of express written, prior dispensation. We maintain that, by confirming your order, you have read and do unreservedly accept our general Terms of Sale. These Terms of Sale are important to you and Shamblz, as they are used to protect your rights as a valued customer and our rights as a business.

Processing and shipping times may vary according to availability and subject to any delays resulting from postal delays, for which we will not be responsible.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including, but not limited to copyright laws).

In order to contract with Shamblz and www.shamblz.com, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Shamblz.com retains the right to refuse any request made by you. If your order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be shamblz.com or may in some cases be a third party. Where a contract is made with a third party, Shamblz is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order, you certify that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

BINDING CONTRACT
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. We will accurately list and describe all items, and you are responsible for reading and understanding the Terms of Sale before purchasing any item. All sales are binding. We agree to complete the transaction and ship each order promptly, subject to Customer’s appropriate payment for the ordered items.

Shamblz reserves the right to suspend or terminate any Customer’s use of or access to the Services at any time its sole discretion.

PRODUCT INFORMATION
We strive to offer our customers the highest quality items.  With painted items, every effort is made to ensure the color is consistent, but slight variations may occur.  Because the items are hand made, occasionally there are slight variations in the size and finish. Items contain recycled materials. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations. We will, however, make every effort to ensure your satisfaction with every order or service you purchase from us.

A lot of care is taken when arranging and displaying product information, descriptions and images on our Site’s Shop. However, there will occasionally be errors. We will not be held responsible for any mistakes or omissions to any information offered or displayed on our Site. Also, we cannot guarantee that your computer monitor’s display of any color or texture will be accurate.

Because some of the products are offered by third-party suppliers, we shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of any products or services. Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

PRICING AND AVAILABILITY
The prices indicated on our Site’s Shop are shown in US Dollars and do not include delivery. The delivery costs are shown and invoiced at the end of the order in addition to the price of the products. We reserve the right to modify our prices at any moment but this will be indicated to you on the order at the time the order is placed.

Whilst we try and ensure that all details, descriptions and prices which appear on this Site are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

There may be times when the product you have ordered is out-of-stock. This may result in a delay in processing and fulfilling your order. We will keep you informed of any products you have ordered that are or have become out-of-stock and that are unavailable for immediate shipping. You may cancel your order any time prior to shipping. Some of the products on our Shop Site require preordering. Items on the Shop’s Site will indicate an approximate ship time, if preordering is required.

Delivery costs will be charged in addition; such additional charges are displayed where applicable and included in the ‘Total Cost’.

ORDER ACCEPTANCE
Your receipt of an electronic, or other form of order confirmation, does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Shamblz reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.

RISK and PROPERTY
Risk of damage to or loss of Property in your purchase/order will pass to you, the buyer, at time of delivery at the specified shipping address.

PAYMENT
Credit Cards
Shamblz accepts only credit or debit card payments for all online transactions. These payment options use advanced SSL encryption to keep your transaction secure and do not cost you anything to use.

You are responsible for providing accurate billing information, such as name, credit/debit card number, billing address, shipping address, and phone number). Incorrect information given by you will cause a delay in processing and shipping your order. Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been shipped, and you have been sent a confirmation email, the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

Personal and Business Checks, Money Orders and Cashier’s Checks
We accept personal checks, company checks, money orders, and cashier’s checks in US Dollars for local orders and services only. Contract for services will provide detailed breakdown of total charges, including deposits, payments, and final payment upon completion of work.

TAXES
You are responsible for all applicable taxes, including taxes applicable in the territory to which your orders are sent.

SHIPPING
Any shipping quotes or prices for delivery of your order are estimates only.  Shipping time is not guarantees in this policy.  We will not be liable for any loss or expenses sustained by you arising from any delay in the delivery or your order. We cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by us or other parties only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability.

In Stock Items
Most orders received before 3:00PM (Pacific Standard Time) will ship the same day, provided the product ordered is in stock. Orders received after 3:00 PM (Pacific Standard Time) will ship the next business day. We do not process or ship orders on Saturday or Sunday, except by prior arrangement.

Shamblz Workshop Items
Products from the Workshop include all hand-painted, restored and refinished furniture done by Bianca Lengsfeld. These items currently cannot be shipped and must be picked up by customer. Some local deliveries (limited to southern California) can be arranged on a case by case basis and will be charged on a case by case basis, depending on delivery location.

Third-Party Products
We offer third-party products on our Shop’s Site that (if product is in stock) will ship within 3-5 days. Once shipped, the item could take up to 10 days to arrive to your provided shipping address, depending on location within the United States.  We cannot guarantee any shipping policy of a third-party distributor, will are we liable for any delay or additional shipping charges you may incur by processing or order issues that arise with these suppliers.

RETURNS and REFUNDS
Your satisfaction is very important to us. If you order something from us and are not satisfied with the product or service you purchased, we will make every effort to ensure your satisfaction. For instructions on how we handle returns, exchanges, and to find out about any exceptions, as well as your rights of cancellation, read our Return Policy below.

Defective or Damaged Items
Orders are packed with great care. If you should receive an order in broken or damaged condition, please contact us immediately for instructions. In the event that a UPS claim is made for damage to merchandise, the original packing material must be held for 14 days for inspection by UPS. Please contact us immediately at support@shamblz.com if this occurs.

Damage claims must be reported to us in writing within 7 days of delivery of merchandise to shipping address.

Standard Returns
Our Return Policy covers returns of products purchased on our Shop Site only. We will only accept products in new or “like new” condition and returned (postmarked) in original packaging within 30 days of delivery date to shipping address.  Please contact us prior to shipping a return to advise us you intend on returning an item. Once we receive and inspect item you wish to return, a confirmation that your item has been accepted for return will be emailed to you. Only then will a refund for the item be credited back to the original form of payment.

We currently do not cover return shipping for standard, undamaged returns.

Exchanges
Exchanges are only accepted for select items.  Because inventory changes quickly, and returns for items can take several days to process, we cannot guarantee the availability of your desired products. We recommend you contact us and inquire about the availability of the product you wish to exchange for. In most instances, a return of an item in new or “like new” condition, then the purchase of the desired product will be acceptable.

Refusal of Delivery
If you wrongfully fail to take delivery of the order/package, we are under no obligation to refund the price. Items may only be returned to us under the specified terms explained above.

Fulfillment mistakes that we make, resulting in the shipment of incorrect product to you, will be accepted for return 30 days from the date of purchase, with shipping being paid for by us.

Our return policy is subject to change without notice.

Your satisfaction is very important to us, and we will make every attempt to resolve any issues you may have. Please feel free to contact us at support@shamblz.com, or call us at (310) 955-4436, M-F 9:00am-4:00pm (PST).

SECTION 13 – INTELLECTUAL PROPERTY

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Site remains the property of www.shamblz.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Shamblz and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute, or otherwise reproduce in any format, of any of the content supplied to you or which appears on the Site. Nor, may you use any such content in connection with any business or commercial enterprise.

Company will not, under any circumstances, be held responsible if a user violates rights held by a third party through his activities on the site.

SECTION 14 – COPYRIGHT

Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of SHAMBLZ, Copyright © 2016, ALL RIGHTS RESERVED.  You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

All contents of Site or Service are Copyright © 2016 Shamblz, Rancho Palos Verdes, California 90275. All rights reserved.

SECTION 15 – DISCLAIMER AS TO OWNERSHIP OF TRADEMARKS, IMAGES AND THIRD PARTY

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Site are in no way associated, linked or affiliated with www.shamblz.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Site are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to www.shamblz.com.

SECTION 16 – DMCA STATEMENT

The Digital Millennium Copyright Act of 1998 was enacted to address the issue of copyright infringement in the online environment. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To learn how to report potentially infringing content and learn more about the DMCA, click here.

SECTION 17 – DISCLAIMER OF WARRANTIES

The material displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law www.shamblz.com and its employees, its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Site or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect https://www.shamblz.com’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘AS IS’ 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.

In no case shall Shamblz, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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 service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. THE SERVICES AND CONTENT ARE PROVIDED BY SHAMBLZ (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

SECTION 18 – LIMITATION OF LIABILITY

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘AS IS’ 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. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL SHAMBLZ (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE, OR MALFUNCTION, OR ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

SECTION 19 – VARIATION

Shamblz (www.shamblz.com) shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

SECTION 20 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 21 – INDEMNITY

You agree to indemnify, defend and hold harmless Shamblz (www.shamblz.com), its directors, officers, partners, employees, consultants, agents, licensors, service providers, suppliers, contractors/subcontractors and affiliates from any and all third party claims or demand, liability, damages and/or costs (including, but not limited to, legal fees) by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 22 – INVALIDITY

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

SECTION 23 – WAIVER

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

SECTION 24 – COMPLAINTS

If there is a dispute between participants on this site, or between users and any third party, you agree that Shamblz is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Shamblz, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

SECTION 25 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Rancho Palos Verdes, CA 90275.

SECTION 26 – CHOICE OF LAW

These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in the County of Los Angeles,CA, in English. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, County of Los Angeles of California. Any arbitration under this Agreement will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND GREAT.LY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

SECTION 27 – TERMINATION

You are free to terminate your use of the Services at any time, by contacting us at support@shamblz.com; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

Shamblz is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Shamblz has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

SECTION 28 – MODIFICATION TO TERMS AND CONDITIONS

You can review the most current version of the Terms of Service at any time at this page. We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

SECTION 29 – 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 (www.shamblz.com) and govern 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 the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 30 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@shamblz.com.

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