Terms & Conditions

These terms and conditions of use establish rights and protections for Ship Shape, its affiliates, and users of ShipShapeSalon.com.

  1. Definitions.
    "ShipShapeSalon.com" refers to the Ship Shape Web site at ShipShapeSalon.com and associated online services provided by Ship Shape Hair Design & Serenity Spa on the World Wide Web via the Internet, consisting of information provided by Ship Shape and affiliates of Ship Shape and other third parties. "User" refers to each person who establishes a connection to, or accesses ShipShapeSalon.com.
  2. General.
    1. This Agreement sets forth the terms and conditions that apply to use of ShipShapeSalon.com by User. By using ShipShapeSalon.com (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use ShipShapeSalon.com is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's access complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.
    2. Ship Shape shall have the right at any time to change or discontinue any aspect or feature of ShipShapeSalon.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
  3. Changed Terms.
    Ship Shape shall have the right at any time to change or modify the terms and conditions applicable to the use of the Web site, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which will be given by posting on the Web site or in our physical establishment in Shippensburg, Pa., or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of Ship Shape by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
  4. 4. Equipment.
    User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of ShipShapeSalon.com and all charges related thereto.
  5. User Conduct.
    1. User shall use ShipShapeSalon.com for lawful purposes only. User shall not post or transmit through ShipShapeSalon.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Ship Shape's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Ship Shape's discretion restricts or inhibits any other User from using or enjoying ShipShapeSalon.com will not be permitted. User shall not use ShipShapeSalon.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become users of other on-line information services competitive with ShipShapeSalon.com.
    2. ShipShapeSalon.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, graphics, and sound, and the entire contents of ShipShapeSalon.com are copyrighted as a collective work under the United States copyright laws. Ship Shape owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Ship Shape and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
    3. The foregoing provisions of Section 5 are for the benefit of Ship Shape and its affiliates and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
  6. Disclaimer of Warranty; Limitation of Liability.
    1. USER EXPRESSLY AGREES THAT USE OF SHIPSHAPESALON.COM IS AT USER'S SOLE RISK. NEITHER SHIP SHAPE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT SHIPSHAPESALON.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF SHIPSHAPESALON.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH SHIPSHAPESALON.COM.
    2. SHIPSHAPESALON.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
    3. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT SHIP SHAPE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
    4. IN NO EVENT WILL SHIP SHAPE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SHIPSHAPESALON.COM OR THE SHIPSHAPESALON.COM SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE SHIPSHAPESALON.COM. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON SHIPSHAPESALON.COM.
    5. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER SHIP SHAPE, NOR ITS AFFILIATES, SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN SHIPSHAPESALON.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER SHIP SHAPE NOR ITS AFFILIATES WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
  7. Indemnification.
    User agrees to defend, indemnify and hold harmless Ship Shape, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of ShipShapeSalon.com by User or User's Account.
  8. Termination.
    Either Ship Shape or User may terminate this Agreement at any time. Without limiting the foregoing, Ship Shape shall have the right to immediately terminate User's access in the event of any conduct by User which Ship Shape, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
  9. Trademarks.
    Ship Shape, ShipShapeSalon.com, and their logos are trademarks of Ship Shape. All rights reserved. All other trademarks appearing on ShipShapeSalon.com are the property of their respective owners.
  10. Miscellaneous.
    This Agreement and any operating rules for ShipShapeSalon.com established by Ship Shape constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.