TERMS AND CONDITIONS
Welcome to www.myrashowerhead.com.
These Terms of Use outline the rules and conditions governing your access to and use of the website at [www.myrashowerhead.com] (the "Site"). This document serves as a legally binding agreement between you, the user of the Site (referred to as “you,” “your,” “Customer,” or “User”), and Myra Showerhead (referred to as “we,” “our,” “Myra,” or “myrashowerhead.com”).
1. Terms of Use and Acceptance
1.1 Your access to and use of the Site and Myrashowerhead.com’s products and services (collectively referred to as the "Services") are subject to the terms outlined in this document, along with the Privacy Policy and any additional rules or policies published by Myrashowerhead.com from time to time. These documents collectively form the "Terms." By using the Site or the Services, you acknowledge and agree to be bound by the Terms. If you do not accept all of these Terms, please do not access the Site or use the Services.
1.2 You are not allowed to use the Services or accept the Terms if:
(a) You are not legally old enough (at least 16 years of age) to enter into a binding contract with Myrashowerhead.com, or
(b) The laws of your country or region prohibit you from receiving these Services.
1.3 Myrashowerhead.com reserves the right to modify these Terms at any time by posting an updated version on the Site. By continuing to use the Site or Services, you agree to be bound by any such modifications.
1.4 If Myrashowerhead.com provides a translated version of the Terms, you acknowledge that the translation is for convenience only, and the English version will take precedence in governing your use of the Site and Services.
1.5 You may be required to enter into a separate agreement, either online or offline, with Myrashowerhead.com or one of its affiliates for specific Services (“Supplementary Agreements”). In the event of any inconsistency between these Terms and a Supplementary Agreement, the Supplementary Agreement will take precedence, but only for the relevant Service.
1.6 The Terms can only be modified in writing by an authorized representative of Myrashowerhead.com.
2. Provision of Services
2.1 Accessing and using certain Services may require registration on the Site. Additionally, myrashowerhead.com reserves the right to restrict access to specific Services (or certain features within them) at any time without prior notice or to impose conditions on Users at its sole discretion.
2.2 Some Services may be provided by affiliates of myrashowerhead.com on its behalf.
2.3 The availability of Services (or specific features) may vary by region and country. There is no guarantee that all Users will have equal access to every Service or feature. Myrashowerhead.com may impose restrictions, grant different levels of access, or limit Services as necessary.
2.4 Myrashowerhead.com may introduce, modify, upgrade, impose conditions on, suspend, or discontinue any Services (or their features) without prior notice. However, for paid Services, such changes will not significantly disrupt the experience of paying Users.
3. General Users
3.1 As a condition of accessing and using the Site or Services, you agree to comply with all relevant laws and regulations.
3.2 You agree to use the Site and Services solely for personal and internal purposes. You acknowledge that (a) you will not copy, reproduce, download, republish, sell, distribute, or resell any part of the Services or any text, images, graphics, videos, sound files, directories, databases, or listings available on or through the Site (“Site Content”), and (b) you will not collect, compile, or use any Site Content for operating a business that competes with myrashowerhead.com or for any other commercial purposes. Systematic retrieval of Site Content, whether through automated tools or manual methods, to create a collection, database, or directory without written permission from myrashowerhead.com is strictly prohibited. Any use of the Site Content for purposes not explicitly allowed in these Terms is forbidden.
3.3 You must review myrashowerhead.com’s Privacy Policy, which governs the handling of user data. By using the Site, you acknowledge and accept the terms of the Privacy Policy and consent to the use of your personal information as outlined therein.
3.4 Myra may provide access to third-party content, products, or services via hyperlinks, banners, APIs, or other means. It is your responsibility to review their terms and privacy policies before engaging with such third-party sites. Myra does not control or monitor these external sites and bears no responsibility for their content, products, or services.
3.5 You agree not to engage in activities that could compromise the integrity of myrashowerhead.com’s systems, networks, or that of other users. Unauthorized access attempts or security breaches are strictly prohibited.
3.6 You must not manipulate myrashowerhead.com’s feedback system, including posting fake positive reviews for yourself or unjustified negative reviews for others. Any attempt to distort feedback mechanisms is prohibited.
3.7 By submitting or displaying any content (“User Content”) on the Site or providing it to Myra, you grant Myra an irrevocable, perpetual, worldwide, royalty-free, and sublicensable right to use, reproduce, distribute, modify, translate, publish, and create derivative works from such content. This includes, but is not limited to, using the content for product descriptions, advertisements, or any other purpose beneficial to the operation of the Site or Services. You confirm that you have the necessary rights and authority to grant this license.
4. Transactions
4.1 Customers must provide all necessary information and documents reasonably requested by myrashowerhead.com in relation to their orders. If a customer fails to provide the required details or submits false or misleading information, myrashowerhead.com reserves the right to suspend or close the customer’s account.
4.2 Every user acknowledges that myrashowerhead.com is not responsible for any damages, claims, liabilities, costs, inconveniences, business disruptions, or expenses that may arise due to the use or storage of products purchased from myrashowerhead.com.
4.3 Myra will adhere to all relevant PCI DSS standards and ensure the protection of all cardholder data.
4.4 By completing a purchase, you acknowledge that the risk of loss transfers from Myra to you once the shipping carrier successfully delivers your order to the designated address.
4.5 Customers agree to comply with the terms and conditions regarding discounts, special promotions, bundles, and other pricing offers available on the website. Site-wide promotions and discounts apply only to products that are not returned, and if an order is canceled or an item is returned, adjustments may be made retrospectively to correctly reflect the promotion earned.
5. Limitation of Liability
5.1 To the fullest extent permitted by law, and except as expressly stated herein or in any warranties provided by myrashowerhead.com, all products and services offered on or through the Site are provided “as is,” “as available,” and “with all faults.” Myrashowerhead.com expressly disclaims any and all warranties, whether express or implied, including but not limited to warranties of condition, quality, durability, performance, accuracy, reliability, merchantability, or fitness for a particular purpose. Any such warranties, representations, conditions, or guarantees are expressly excluded.
5.2 Myrashowerhead.com makes no representations or warranties regarding the accuracy, completeness, validity, reliability, or timeliness of any information provided on or through the Site. Furthermore, myrashowerhead.com does not warrant that the manufacture, sale, distribution, import, export, or use of any products or services on the Site will not infringe on third-party rights. No guarantees or assurances are given regarding any product or service offered or displayed.
5.3 Any material downloaded or otherwise obtained through the Site is accessed at the User’s sole discretion and risk. Users bear full responsibility for any potential damage to their systems or loss of data resulting from such downloads. No advice or information, whether oral or written, obtained from myrashowerhead.com or through the Site, shall create any warranty not explicitly stated in these Terms.
5.4 Users agree to indemnify and hold myrashowerhead.com, its affiliates, directors, officers, and employees harmless from any and all claims, damages, liabilities, costs, or expenses (including full legal fees) that may arise directly or indirectly from any third-party claims related to products or services displayed or offered on the Site. Furthermore, myrashowerhead.com is not liable for content posted by other users, including defamatory, offensive, or illegal material. Any resulting risk or damages from such content rest solely with each User. Myrashowerhead.com reserves the right, at its own expense, to take over the defense and control of any matter subject to indemnification by the User, in which case the User agrees to cooperate with myrashowerhead.com in asserting any available defenses.
5.5 Myrashowerhead.com shall not be liable for any direct, indirect, incidental, punitive, or consequential damages, including but not limited to loss of profits, business interruptions, data loss, or any other losses resulting from:
a) The use or inability to use the Site or Services;
b) Defects in products, samples, data, information, or services purchased or obtained from any User or third party through the Site;
c) Unauthorized access by third parties to User data or private information;
d) Statements or conduct of any User on the Site; or
e) Any other matter related to the Services, including negligence.
5.6 Notwithstanding the foregoing, the total aggregate liability of myrashowerhead.com, its employees, affiliates, agents, or representatives for any claims arising from the use of the Site or Services within any given calendar year shall not exceed the greater of (a) the total amount paid by the User to myrashowerhead.com or its affiliates in that calendar year or (b) $1,000. This provision does not preclude the User’s obligation to provide proof of actual damages. Any claims must be filed within one (1) year from the date the cause of action arises.
5.7 The exclusions and limitations of liability set forth in these Terms shall apply to the maximum extent permitted by law, regardless of whether myrashowerhead.com was aware or should have been aware of the potential for such losses.
6. Force Majeure
6.1 Myrashowerhead.com shall not be held accountable for any delay, failure, or disruption in the delivery of content or services through the Site due to factors beyond our reasonable control. Such events include, but are not limited to, internet outages, computer or telecommunications failures, power shortages, strikes, labor disputes, civil unrest, insurrections, natural disasters, material shortages, fires, floods, storms, explosions, war, governmental regulations, legal mandates from domestic or international courts, or third-party non-compliance.
7. Intellectual Property Rights
7.1 Myrashowerhead.com is the sole owner or authorized licensee of all rights and interests related to the Services, Site, and Site Content (including but not limited to user-submitted reviews, images, videos, and any other form of user-generated content). If you wish to opt out of having your content shared, please contact us at help@myrashowerhead.com. The Site and its Content are protected by global copyright and intellectual property laws, including trade secret protections. All ownership, title, and intellectual property rights in the Site and Site Content shall remain with Myrashowerhead.com, its affiliates, or content licensors, as applicable. Any rights not explicitly granted under these Terms or by Myrashowerhead.com are reserved.
7.2 "MYRASHOWERHEAD.COM," "MYRA," and related logos and icons are trademarks, registered trademarks, or service marks owned by Myrashowerhead.com.
7.3 Myrashowerhead.com may engage independent third parties in the provision of Services (e.g., authentication and verification service providers). You may not use any trademarks, service marks, or logos belonging to these third parties without their explicit written consent.
8. Notices
8.1 All legal notices or demands directed to Myrashowerhead.com must be made in writing and delivered personally, by courier, certified mail, or facsimile to the following address: [Company Address]. Such notices shall be deemed effective once received by Myrashowerhead.com through any of these methods.
8.2 Any legal notices or demands directed to a User shall be considered effective if delivered personally, sent by courier, certified mail, facsimile, or email to the most recent contact details provided by the User to Myrashowerhead.com. Alternatively, posting such a notice on a publicly accessible section of the Site shall also be considered valid notification. A notice to a User shall be deemed received when:
a) Myrashowerhead.com can demonstrate that the communication, whether in physical or electronic form, has been sent to the User, or
b) The notice has been posted on a publicly accessible section of the Site without charge.
8.3 You acknowledge and agree that all agreements, notices, demands, disclosures, and other communications provided by Myrashowerhead.com electronically fulfill any legal requirement that such communications be in writing.
9. General Provisions
9.1 Unless otherwise stated in additional agreements, these Terms constitute the entire agreement between you and Myrashowerhead.com regarding the use of the Site and Services, superseding any previous written or verbal agreements related to the same subject matter.
9.2 You and Myrashowerhead.com are independent entities. Nothing in these Terms shall be construed as creating an agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship between the parties.
9.3 If any provision of these Terms is found to be invalid or unenforceable, that provision shall be removed, and the remaining provisions shall remain in full force and effect.
9.4 The section headings in these Terms are for reference purposes only and do not define, limit, interpret, or describe the scope of any section.
9.5 Myrashowerhead.com’s failure to enforce any right or take action against any breach of these Terms shall not be considered a waiver of such rights or Myrashowerhead.com’s ability to act on future or similar breaches.
9.6 Myrashowerhead.com reserves the right to transfer or assign these Terms (including all rights, titles, benefits, obligations, and duties contained within them) to any person or entity, including its affiliates. However, you may not transfer or assign these Terms, in whole or in part, to any other party.
9.7 These Terms shall be governed and interpreted in accordance with the laws of the State of New York, without regard to conflict of law principles.