1.0 ORDER POLICY

It is understood by you that all products are custom cut to the specifications that you provided and, as such, returns are not accepted for any order placed on SHAKER, except in cases of manufacturer defect or incorrect fulfillment.  By checking the box on our shopping cart page prior to checkout you agree to the terms and conditions defined here in our Terms of Service (“TOS”). ALL SALES ARE FINAL.

2.0 SHUTTER MEASUREMENTS

All shutter measurements entered by you during the checkout process are understood to be per shutter and NOT the measurement of the entire opening of the window.  SHAKER guarantees that the shutters we deliver to you will be within +/- one-half inch (1/2”) of the measurements you provided to us, for both height and width.  ALL SALES ARE FINAL.

3.0 PAINT COLORS

Due to the imperfect nature of paint color blending, no two batches of paint will be the identical and colors may vary slightly.  All paint colors depicted on our site and collaterals are to be used as general reference and in no way a guarantee of an exact match to the end color delivered.   It is understood by you that colors may appear differently on a computer monitor than the actual colors used for painting.  Variations in paint colors on your delivered shutters from what appear on the website or collaterals are not considered a manufacturer defect nor a basis for a refund or product exchange.  ALL SALES ARE FINAL.

4.0 COMPLETENESS AND ACCURACY OF INFORMATION

We try hard to keep the site as current and accurate as possible; however, we do not guarantee that the information made available on this site is always entirely accurate, complete or current. 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.

5.0 PRICING MODIFICATIONS

Pricing for our products is subject to change without notice.  We reserve the right at any time to modify or discontinue our service (or any part or content thereof) without notice at any time.  We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any service or product.

6.0 OTHER PRODUCT INFORMATION

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.  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 on the site will be corrected.

7.0 ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. 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 may 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 store. 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.

8.0 THIRD PARTY TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.  You acknowledge and agree that we provide access to such tools on an ‘as is’ and ‘as available’ basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.  Any use by you of 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).  We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these TOS.

9.0 USER SUBMISSIONS

If, with or without a request from us you, you send to us creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Submissions”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Submissions that you forward to us. We are and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay compensation for any Submissions; or (3) to respond to any Submissions.  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 TOS.  You agree that your Submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Submissions 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 Submissions. You are solely responsible for any Submissions you make and their accuracy. We take no responsibility and assume no liability for any Submissions posted by you or any third-party.

10.0 ERRORS AND OMISSIONS

Occasionally there may be information on our site or within our 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 our service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).  We undertake no obligation to update, amend or clarify information within our website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date is applied on any related website, should be taken to indicate that all information on any related website has been modified or updated.

11.0 PROHIBITED USES

In addition to other prohibitions as set forth in the Privacy Policy and TOS, you are prohibited from using the site or its content: (1) for any unlawful purpose; (2) to solicit others to perform or participate in any unlawful acts; (3) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (4) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (5) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (6) to submit false or misleading information; (7) to 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; (8) to collect or track the personal information of others; (9) to spam, phish, pharm, pretext, spider, crawl, or scrape; (10) for any obscene or immoral purpose; or (11) to interfere with or circumvent the security features of our service or any related website, other websites, or the Internet. We reserve the right to terminate your use of our service or any related website for violating any of the prohibited uses.

12.0 AGE OF CONSENT

By agreeing to these TOS, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use and to order from this site.

13.0 DISCLAIMER OF WARRANTIES

The services and all products delivered to you by SHAKER 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.  SHAKER does not warrant its products against any defects caused by (1) events beyond our reasonable control, including but not limited to lightning, flood, earthquake, fire, excessive wind and other extreme weather events, accidents, abuse, misuse or negligence; (2) your failure to maintain our products in good working order; (3) damage caused during the installation or removal process; and (4) damage caused by strikes by balls, flying debris or other objects.

14.0 LIMITATION OF LIABILITY

In no case shall SHAKER, 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 our service or any products procured using our service, or for any other claim related in any way to your use of our 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 our service or any content (or product) posted, transmitted, or otherwise made available via our 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.

15.0 INDEMNIFICATION

You agree to indemnify, defend and hold harmless SHAKER and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of this Privacy Policy or TOS or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

16.0 SEVERABILITY

In the event that any provision of this Privacy Policy or TOS 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 this Privacy Policy or TOS, such determination shall not affect the validity and enforceability of any other remaining provisions.

17.0 TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.  These TOS are effective unless and until terminated by either you or us. You may terminate these TOS at any time by notifying us that you no longer wish to use our services, or when you cease using our site.  If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of this Privacy Policy or TOS, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).

18.0 HEADINGS NOT CONTROLLING

The headings used in this agreement are included for convenience only and will not limit or otherwise affect the enforceability of any of the terms and conditions defined and outlined within this Privacy Policy or TOS.

19.0 ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of this Privacy Policy or TOS shall not constitute a waiver of such right or provision.  This Privacy Policy and TOS and any policies or operating rules posted by us on this site constitutes the entire agreement and understanding between you and us and govern your use of our 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 Privacy Policy and TOS).  Any ambiguities in the interpretation of this Privacy Policy and TOS shall not be construed against SHAKER.

20.0 GOVERNING LAW

This Privacy Policy and TOS, and any other contractual documents provided to you by SHAKER, shall be governed by the laws of Fulton County, Georgia 30004.

21.0 CHANGES TO TERMS OF SERVICE

You can review the most current version of the TOS at any time at this page.  We reserve the right, at our sole discretion, to update, change or replace any part of these TOS by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these TOS constitutes acceptance of those changes.

22.0 PROMOTIONS AND DISCOUNTS

All promotions and discounts are subject to availability. Discounts and promotional codes are limited to single use and are not available for use in combination with other discounts. Promotions and discounts are valid for use on full retail price only. Current promotions and discounts may not be applied, and are not valid for use, on past, pending, or future orders unless agreed to, in writing, by SHAKER.