SilkHalo — Terms of Service

Overview

In these Terms of Service ("Terms"), "we", "us" and "our" mean ShopSilkhalo LLC, a Wyoming limited liability company located at 32 N Gould St, Sheridan, WY 82801.

We operate this store and website, including all related content, features, tools, products and services (the "Services"). Our store is powered by Shopify, which enables us to provide the Services to you.

These Terms, together with our Privacy Policy, Refund and Returns Policy, and Shipping Policy, describe your rights and responsibilities when you use the Services. Please read them carefully — they include important information about your legal rights, including warranty disclaimers, limitations of liability, and a binding arbitration provision and class action waiver that affect how disputes between us are resolved.

By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use or access the Services.

Section 1 — Access and Account

By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence, and that you consent to any minor dependents using the Services on devices you own or manage.

To use the Services you may be asked to provide information such as your email address and billing, payment and shipping details. You represent and warrant that all information you provide is accurate, current and complete, and that you have all rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign or license your account to any other person.

Section 2 — Our Products

SilkHalo products are perfumed hair mists: cosmetic products intended for application to the hair.

Color and appearance. We make every effort to represent our products accurately. However, colors and finishes may appear differently on your screen depending on your device, display calibration and settings. Our bottles use a semi-opaque frosted finish and a translucent tint, and reasonable variation between production batches is normal and does not constitute a defect. We do not warrant that the appearance of any product will match how it is depicted or rendered in our online store.

Fragrance and sensitivity. Our products contain fragrance ingredients. Full ingredient information is provided on the product packaging and on the relevant product page. If you have known fragrance sensitivities, please review the ingredient list before purchasing. Discontinue use if irritation occurs. We cannot provide medical advice; if you experience a reaction, consult a healthcare professional.

Intended use. Our products are cosmetic products for external use on the hair only. They are not intended for application to the skin as a personal fragrance, for use around the eyes, or for ingestion. Keep away from children and away from open flame or other ignition sources.

Adverse events. If you experience a serious adverse event you believe is associated with a SilkHalo product, please contact us at hello@shopsilkhalo.com so we can respond and meet our reporting obligations.

Changes and availability. Product descriptions, formulations and packaging are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product and to limit the quantities of any products we offer to any person, geographic region or jurisdiction.

Section 3 — Orders

When you place an order, you are making an offer to purchase. We reserve the right to accept or decline your order for any reason at our discretion. Your order is not accepted until we confirm acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the email address, billing address or phone number you provided.

Returns and exchanges are governed solely by our Refund and Returns Policy [LINK]. In summary: for health, safety and hygiene reasons, all sales are final. We do not accept returns or exchanges and do not offer refunds, whether a product has been opened or not. Limited exceptions apply to items that arrive damaged, defective or incorrect, as set out in that policy. Our full Refund and Returns Policy governs in the event of any conflict with this summary.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

Section 4 — Prices and Billing

Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect when you place your order, as set out in your order confirmation email.

Prices are displayed in US dollars and do not include sales tax, shipping or handling. Applicable sales tax is calculated and added at checkout based on your shipping destination.

Prices in our online store may differ from prices offered by third-party retailers. We may run promotions governed by separate terms; where those conflict with these Terms, the promotion terms govern for that promotion.

You agree to provide current, complete and accurate purchase, payment and account information, and to promptly update it as needed. You represent and warrant that the payment information you provide is true and complete, that you are authorized to use the payment method, and that you will pay all charges incurred at the posted prices, including shipping, handling and applicable taxes.

Section 5 — Shipping and Delivery

We ship within the United States & Canada only. We do not currently ship internationally.

Flammable goods. SilkHalo hair mists are alcohol-based and are regulated as limited-quantity hazardous materials for transport. This restricts the carriers and service levels available to us, and may affect transit times. Delivery to some destinations — including certain non-contiguous states and territories, and some PO Box and APO/FPO addresses — may not be possible. Available destinations and current methods are set out in our Shipping Policy.

Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you.

Section 6 — Intellectual Property

The Services — including all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof — are owned by ShopSilkhalo LLC, its affiliates or its licensors, and are protected by US and foreign intellectual property laws.

SilkHalo, the SH halo monogram, Golden Veil, Silken Poise, Rosé Muse, Velvet Noire, and our taglines and campaign names are marks of ShopSilkhalo LLC. You must not use them without our prior written permission.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent. Except as expressly provided, nothing in these Terms grants any license or rights under any patent, trademark, copyright or other intellectual property of ShopSilkhalo LLC, Shopify or any third party. All rights not expressly granted are reserved.

Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

Third-party brands. Any reference on the Services to a third-party fragrance, brand or fragrance house is descriptive or comparative only. SilkHalo is not affiliated with, endorsed by, sponsored by or connected to any third-party fragrance house, and our products are not copies, duplicates, replicas or "dupes" of any third-party fragrance. All third-party trademarks remain the property of their respective owners.

Section 7 — Optional Tools

You may be given access to third-party tools that we neither monitor nor control. We provide access to such tools "as is" and "as available," without warranties, representations or conditions of any kind and without endorsement. We have no liability arising from your use of optional third-party tools, and your use of them is at your own risk and discretion. You should review the relevant third-party provider's terms.

Any new features or tools added to the Services in future form part of the Services and are subject to these Terms.

Section 8 — Third-Party Links

The Services may contain materials and links to websites operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites. If you choose to access them, you do so at your own risk.

We are not liable for any harm or damages related to your access of third-party websites or your purchase or use of any products or services on them. Complaints or questions regarding third-party products and services should be directed to that third party.

Section 9 — Relationship with Shopify

Our store is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with ShopSilkhalo LLC. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and ShopSilkhalo LLC, including any injury, damage or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with ShopSilkhalo LLC.

Section 10 — Privacy

All personal information we collect through the Services is subject to our Privacy Policy [LINK], and certain personal information may also be subject to Shopify's Privacy Policy [LINK]. By using the Services, you acknowledge that you have read these policies.

Because the Services are hosted by Shopify, Shopify collects and processes information about your access to and use of the Services in order to provide and improve them. Information you submit may be transmitted to and shared with Shopify and other service providers, which may be located in other jurisdictions.

Residents of certain states — including California, Colorado, Connecticut, Utah and Virginia, among others — have specific rights regarding their personal information, including rights to access, delete, correct and opt out of certain uses. Those rights, and how to exercise them, are described in our Privacy Policy.

Section 11 — Reviews and Feedback

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, photographs, plans or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use.

You represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with your submission; and (iii) your Feedback complies with these Terms.

Product reviews. Reviews must reflect your genuine experience with the product. If you received a product free of charge, at a discount, or in exchange for a review, you must clearly disclose that. We do not publish, commission, incentivize or solicit fake or misleading reviews, and we may remove reviews that appear inauthentic.

We have no obligation to maintain Feedback in confidence, to pay compensation for it, or to respond to it. We may, but have no obligation to, monitor, edit or remove Feedback we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, infringing or otherwise objectionable.

Your Feedback must not violate any third-party right, contain unlawful, abusive or obscene material, or contain any virus or malware. You may not use a false email address, impersonate any person, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for your Feedback and its accuracy.

Section 12 — Errors, Inaccuracies and Omissions

The Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice — including after you have submitted your order.

Section 13 — Prohibited Uses

You may access and use the Services for lawful purposes only. You may not use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any federal, state, local or international law or regulation; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, disparage or intimidate any person; (e) to transmit false or misleading information; (f) to upload or reuse material that does not comply with these Terms; (g) to transmit any advertising or promotional material, including spam or similar solicitations; (h) to impersonate any person or entity; or (i) to engage in any conduct that restricts or inhibits anyone's use of the Services or may expose us, Shopify or other users to liability.

You also agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track others' personal information; (d) spam, phish, pharm, pretext, spider, crawl or scrape; or (e) interfere with or circumvent the security features of the Services or any related website.

We reserve the right to suspend, disable or terminate your account at any time, without notice, if we determine you have violated any part of these Terms.

Section 14 — Termination

We may terminate this agreement or your access to the Services at our sole discretion at any time without notice, and you remain liable for all amounts due up to and including the date of termination.

The following sections survive termination: Intellectual Property, Reviews and Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution and Arbitration, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy, and any other provisions that by their nature should survive.

Section 15 — Disclaimer of Warranties

Information presented on or through the Services is made available solely for general information purposes. We do not warrant its accuracy, completeness or usefulness. Any reliance you place on it is strictly at your own risk.

EXCEPT AS EXPRESSLY STATED BY US, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE 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. WE DO NOT GUARANTEE OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR WARRANTIES ARE LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW.

Nothing in this section limits any warranty or remedy that cannot lawfully be excluded or limited under applicable state law.

Section 16 — Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL SHOPSILKHALO LLC, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, 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 OR REPLACEMENT COSTS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US FOR THE PRODUCTS GIVING RISE TO THE CLAIM IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR ANY OTHER LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED.

Section 17 — Indemnification

You agree to indemnify, defend and hold harmless ShopSilkhalo LLC, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party arising out of (1) your breach of these Terms or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims.

Section 18 — Severability

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

Section 19 — Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms and any policies or operating rules posted by us constitute the entire agreement between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, including any prior versions of these Terms.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Section 20 — Assignment

You may not delegate, transfer or assign these Terms or any of your rights or obligations without our prior written consent, and any such attempt is null and void. We may transfer, assign or delegate these Terms and our rights and obligations without consent or notice to you.

Section 21 — Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO PARTICIPATE IN A CLASS ACTION.

Informal resolution first. Before filing any claim, you agree to contact us at hello@shopsilkhalo.com and attempt to resolve the dispute informally. We will do the same. If the dispute is not resolved within 60 days, either party may proceed.

Binding arbitration. Any dispute arising out of or relating to these Terms or the Services that is not resolved informally shall be resolved by binding individual arbitration administered by [ARBITRATION PROVIDER] under its consumer arbitration rules, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this section. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction.

Small claims exception. Either party may bring an individual claim in small claims court if the claim qualifies.

Class action waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING.

Opt-out. You may opt out of this arbitration provision by sending written notice to hello@shopsilkhalo.com within 30 days of first accepting these Terms, stating your name, address and intent to opt out. Opting out does not affect any other part of these Terms and will not affect your use of the Services.

Severability. If the class action waiver is found unenforceable as to any claim, that claim shall proceed in court and the remainder of this section shall continue to apply to all other claims.

Section 22 — Governing Law

These Terms and any separate agreements under which we provide Services shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law provisions. You and ShopSilkhalo LLC consent to venue and personal jurisdiction in the state and federal courts located in Wyoming for any dispute not subject to arbitration.

Nothing in this section deprives you of the protection of any mandatory consumer protection law of your state of residence that cannot be waived by agreement.

Section 23 — Headings

Headings are included for convenience only and do not limit or otherwise affect these Terms.

Section 24 — Changes to These Terms

You can review the most current version of these Terms at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates to our website. It is your responsibility to check periodically for changes. We will notify you of material changes in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of the Services following the posting of changes constitutes acceptance.

Section 25 — Contact Information

Questions about these Terms should be sent to hello@shopsilkhalo.com.

ShopSilkhalo LLC 32 N Gould St Sheridan, WY 82801