TERMS & CONDITIONS

Terms & Conditions

THE SHADE STORE - Terms of Use

Last Update

Our Terms of Use were last updated on February 24, 2026.

Acceptance of the Terms of Use

Welcome to the website of The Shade Store, LLC ("Company", "The Shade Store", "our", "we" or "us"). The following terms and conditions (together with any documents referred to herein) ("Terms of Use") apply to your use of our website, http://www.theshadestore.com, including any and all web pages related thereto (the "Site").

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE. YOUR USE OF THE SITE IN ANY FORM SIGNIFIES YOUR UNCONDITIONAL ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THESE TERMS OF USE AND SHALL HAVE THE SAME FORCE AND EFFECT AS IF YOU HAD ACTUALLY SIGNED AN AGREEMENT EMBODYING THESE TERMS. THE  DISPUTE, ARBITRATION, AND CHOICE OF LAW SECTION CONTAINS PROVISIONS GOVERNING HOW DISPUTES BETWEEN YOU AND US WILL BE RESOLVED. AMONG OTHER THINGS, THE  DISPUTE, ARBITRATION, AND CHOICE OF LAW SECTION INCLUDES AN AGREEMENT TO ARBITRATE, WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US BE RESOLVED BY BINDING AND FINAL ARBITRATION. THE  DISPUTE, ARBITRATION, AND CHOICE OF LAW SECTION ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. If you do not agree to be bound by these Terms of Use, you may not access or otherwise use the Site. You hereby represent and warrant that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

International Users

This Site is hosted and operated by The Shade Store in the United States, pursuant to the applicable laws of the United States and the State of New York. We make no representation whatsoever that the materials or content on the Site are appropriate or available for use in locations outside of the United States (each, an "Other Jurisdiction"). Users located or otherwise accessing the Site from outside of the United States (each, a “Non-U.S. User”) do so on their own initiative and hereby (i) consent to the exclusive application of the laws of the United States and the State of New York with respect to these Terms of Use; (ii) acknowledge and agree that the laws of any Other Jurisdiction shall not apply to these Terms of Use; and (iii) acknowledge and agree that Non-U.S. Users shall solely be responsible for complying with any applicable laws of such Other Jurisdictions in connection with their respective use or access to the Site.

If you are a consumer in the EEA and believe we have collected or maintained personally identifiable information about you, please contact us at help@theshadestore.com immediately. As a consumer in the EEA you have certain rights under the General Data Protection Regulation (GDPR) and we aim to honor those rights. Please visit https://gdpr.eu/ for more information.

Privacy Policy

The Company's Privacy Policy describes our privacy practices with regard to information collected from you when you use the Site and is hereby incorporated by reference into these Terms of Use.

Modifications to Terms of Use

We may change these Terms of Use at any time, in our sole discretion, without prior notice to you by posting changes on this page of the Site. You will be notified of any material changes to our Terms of Use on this page under "Last Update", below. It is your responsibility to review these Terms of Use from time to time to take notice of any changes we made. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes.

Intellectual Property Rights and Restrictions

The Site and all of the content now or hereafter included thereon, including without limitation, all photographs, images, designs, text, articles, publications, catalogs, digital downloads, product information, software, code, technology, data, video and audio, graphics, logos, icons, slogans, trade names, product/service names, trademarks, service marks, domain names, and the "look and feel", design, selection and arrangement of the Site as a collective work and/or compilation (collectively the "Content") are protected by United States and international laws regarding copyrights, trademarks, trade dress, unfair competition and other intellectual property or proprietary rights and are owned or licensed, as the case may be, by The Shade Store, except to the extent otherwise expressly indicated or attributed in the Content. You must abide by all copyright notices, trademark notices, attribution information, or restrictions contained in any Content accessed through the Site. No right relating to any intellectual property of The Shade Store or any other party is transferred to you or any other person as a result of your or their access to or use of this Site. In addition to the foregoing, the trademarks, logos and service marks of The Shade Store shall not be used in connection with any product or service that is not expressly authorized by The Shade Store or in any manner that is likely to cause consumer confusion or in any manner that disparages or discredits The Shade Store.

Site Access; Limited License

The Shade Store grants you a non-exclusive, non-transferable, revocable, limited right to access, use and display the Site and its Contents for your personal, noncommercial (other than for the purchase of merchandise from The Shade Store) use only. Except as otherwise provided herein, you may not copy, reproduce, modify, create derivative works from, publicly display or perform, publish, republish, transfer, sell, download (other than page caching on your web browser), store, transmit, distribute or exploit this Site, the Contents, any materials downloadable therefrom, or any related software, without the express prior written consent of The Shade Store. Any other use of the Content is strictly prohibited. Except with respect to product orders placed by designers, architects and other commercial groups by virtue of the "to the trade" portal on the Site ("Trade Partners"), you must not reproduce, resell, or otherwise exploit for any commercial purposes any products or services provided on or through this Site or any Content; provided, however, that in no event shall any Trade Partner represent itself as The Shade Store, carry on its business in a manner that is likely to cause consumer confusion with respect to The Shade Store products and/or services, or otherwise use The Shade Store's trademarks, service marks, trade names, trade dress, logos or other intellectual properties in connection with any Trade Partner product or service. All use of the Site and downloading of Content is at your own risk.

The Shade Store and its affiliates reserve the right, in our sole discretion, to terminate or suspend your access to, and/or use of, the Site, or any portion thereof, at any time, with or without notice, and/or to refuse service, terminate accounts and/or cancel orders if The Shade Store reasonably believes that customer's actual or intended conduct violates applicable law, rule or regulation, these Terms of Use, or any other policy, term, condition or disclaimer set forth on this Site or is otherwise harmful to the interests of The Shade Store or any of its affiliates.

Registration

Certain areas of the Site may require registration. If you register or provide information to us in any manner, you agree to provide only accurate, current and complete information. If we issue a username and/or password to you, you agree to protect such information by, among other things, keeping your username, password and any other information relating to your account confidential. The protection of your username and password is your responsibility. If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible for making such party aware of these Terms of Use and for the use of the Site by such party in accordance therewith.

Changes to Site

We expressly reserve the right, with or without notice to you, to change, suspend, discontinue and/or restrict the Site or any portion or aspect thereof (including site maps, menu structures, access procedures, buttons, and/or any products, services, catalogs, publications, digital downloads, data or other information contained or available on the Site) at any time, for any reason, and without liability to you.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site: • In any way that violates any applicable federal, state, local and international law or regulation. • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site or otherwise use any device, software or routine that interferes with the proper working of the Site. • Use any robot, spider or other automatic device, process or means to access the Site or to obtain user or other information from the Site (including, without limitation, any information residing on any server or database connected to the Site). • Use any manual process to monitor or copy any of the Content on the Site or for any other unauthorized purpose without our prior written consent. • Introduce any viruses, trojan horses, worms, code, or other material which is malicious or technologically harmful. • Attempt to gain unauthorized access to, interfere with, hack into, attack, decrypt, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site. • Attempt to decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Site.

Linking

The Site may link to Internet websites and resources operated by third parties. The inclusion of any link to such websites does not imply the endorsement, affiliation or recommendation by The Shade Store of such other website(s), and is for your reference and convenience only. The Shade Store has no control over such other websites or their policies and expressly disclaims all responsibility or liability in connection therewith. Linking to any third party website is at your own risk and subject to the terms and conditions of use and privacy policies of such third party website(s), which you should review carefully before engaging in any transactions or provide information on such website(s).
No linking to this Site is permitted without the express written permission of The Shade Store.

Colors and Textures

The Shade Store attempts to assure that the display of the colors and textures of our products that appear on the Site as accurate as reasonably possible. However, as the actual colors and textures you see will depend on your monitor and printer, we cannot guarantee that your monitor's display of any color will be 100% accurate.

Inaccuracy Disclaimer

The Shade Store does not guarantee that the information or Content contained on this Site will not contain errors, inaccuracies or omissions. From time to time there may be information on the Site that contains typographical errors, inaccuracies and/or omissions that may relate to colors, product descriptions, pricing, availability or other Content on this Site. The Shade Store reserves the right to correct any errors, inaccuracies or omissions and to change or update information or Content at any time, each without prior notice to you (including prior to fulfilling any order that you may have submitted). Further, The Shade Store reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is canceled, The Shade Store will promptly issue a credit to your credit card. If you have you have any questions or in the unlikely event encounter such an experience, please contact our Customer Service Department at 1.800.754.1455 or email help@theshadestore.com.

User-Generated Content

The Site may contain message boards, chat rooms, blogs, personal web pages, email capabilities, profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow you post, submit, publish, display or transmit to other users (hereinafter "post") content or materials on or through the Site or to submit suggestions, feedback or inquiries to The Shade Store (collectively, "User Generated Content"). All User Generated Content must comply with the Content Standards set out below in these Terms of Use and will be considered non-confidential and non-proprietary. By submitting User Generated Content, you grant to The Shade Store and its affiliates the irrevocable, perpetual, non-exclusive, worldwide, royalty-free, transferable and sub-licensable right and license to use, reproduce, modify, adapt, transmit, publish, sell, assign, translate, distribute, publicly display and perform, and create derivative works from the User-Generated Content submitted by you, in each case in any media now or hereafter known and in any manner for any purpose with no monetary compensation due to you at any time. The Shade Store has no obligation to provide attribution for any User-Generated Content you provide. By submitting User-Generated Content, you: (i) represent and warrant that you either own or control all right, title and interest in and to the User-Generated Content and that you have the right to grant The Shade Store and its affiliates the license granted above; (ii) represent and warrant that all information you provide in such User-Generated Content is true, accurate and complete, and does not violate these Terms of Use, the Content Standards, or the terms of any third party license; and, (iii) waive any moral rights you may have in such User-Generated Content, including if such User-Generated Content is changed in a manner not agreeable to you.

You understand and acknowledge that you are solely responsible for the User-Generated Content you submit to or otherwise make available on the Site. The Shade Store has no duty to monitor, pre-screen or regularly review submissions of User-Generated Content made to the Site. Notwithstanding the foregoing, The Shade Store has the right, but not the obligation, to edit, refuse to post, or remove any User-Generated Content which it deems inappropriate or in violation of these Terms of Use (including the Content Standards), in The Shade Store’s sole discretion. The Shade Store does not take any responsibility and does not assume any liability for any User-Generated Content posted by you or any other user, including the failure to maintain the same. All opinions expressed by users in User-Generated Content are expressed strictly in such user’s individual capacity and do not reflect the opinion of The Shade Store. All decisions regarding User-Generated Content and compliance with these Terms of Use will be determined by The Shade Store in its sole discretion. If you do not agree to these terms, do not submit any User-Generated Content.

Content Standards

These content standards (the "Content Standards") apply to any and all User Generated Content. Without limiting the foregoing, User Generated Content must not:
• contain any material which is libelous, defamatory, obscene, pornographic, indecent, hateful, inflammatory or otherwise illegal;
• be threatening, abusive, or disruptive to The Shade Store or users of the Site (including without limitation repetitive, meaningless or harassing messages, personal attacks, etc.) or cause injury, embarrassment or harm to any person or entity.
• abuse or discriminate on the basis of race, religion, nationality, gender, sexual orientation, age, disability, etc.
• infringe the intellectual property rights, including without limitation copyrights and trademarks, of any other person or entity;
• use another person's name or impersonate or attempt to impersonate another person or entity, The Shade Store or any of its representative, or use a fake or alternative identity that is misleading or is for a deceptive purpose;
• violate any applicable law or violate the rights of any other person or entity;
• contain any software viruses, political campaigning, chain letters, mass mailings, "worms" or constitute any form of "spam" or other communication in violation of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act);
or
• promote, offer or advertise the products or services of any person or entity other than The Shade Store, involve commercial activities or commercial solicitations, or the solicitation of any funds or consideration.

User Identity and Privacy

The Shade Store does not warrant or claim to have verified the identity of any user providing User Generated Content. There may be users who post under a false identity. The Shade Store reserves the right at all times to disclose the contact, personal information and any other information of a user as is necessary to satisfy any law, regulation or government request, to the fullest extent of applicable law. For information on our privacy policies regarding personal information collected on the Site, please see our Privacy Policy.

Indemnification

You shall indemnify and hold harmless The Shade Store, its affiliates, and their respective officers, managers, members, agents, employees, service providers, suppliers, licensors and licensees (collectively the "Indemnified Parties") from and against any and all losses, damages, liabilities, fees, costs, and expenses (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim, matter, action, cause of action, or suit, whether civil, criminal, administrative or investigative (each, a "Proceeding") arising out of, based upon, the use of the Site, any User-Generated Content submitted, or the breach or alleged breach of these Terms of Use by you or any other user of your account. In no event shall you settle any such Proceeding without the written consent of The Shade Store.

Disclaimer of Warranties

THIS SITE IS PROVIDED BY THE SHADE STORE ON AN "AS IS", “AS AVAILABLE” BASIS. YOUR USE OF THE SITE, ITS CONTENTS, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK AND, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE SHADE STORE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND THE INFORMATION, CONTENT, SERVICES, OR PRODUCTS AVAILABLE FROM THIS SITE, OR THAT THE SITE WILL BE SECURE, ACCURATE, RELIABLE, ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE SHADE STORE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND THE INFORMATION, CONTENT, SERVICES, OR PRODUCTS AVAILABLE FROM THIS SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SHADE STORE, ITS AFFILIATES, AND THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, STRATEGIC PARTNERS, AGENTS AND/OR EMPLOYEES SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS SITE OR ANY INFORMATION, CONTENT, SERVICES, OR PRODUCTS AVAILABLE FROM THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.

Disputes, Arbitration, and Choice of Law 

PLEASE READ THIS SECTION CAREFULLY AS THIS SECTION MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. THIS SECTION CONTAINS PROVISIONS GOVERNING HOW DISPUTES BETWEEN YOU AND US WILL BE RESOLVED. AMONG OTHER THINGS, THIS SECTION INCLUDES AN AGREEMENT TO ARBITRATE, WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US BE RESOLVED BY BINDING AND FINAL ARBITRATION. THIS SECTION ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER.

1. 30-Day Right to Opt Out.  

You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the applicable address set out in these Terms, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us. 

2. Arbitration Agreement. 

Subject to the terms of this Arbitration Agreement, you and we agree that any dispute, claim, or disagreement arising out of or relating in any way to your access to or use of the services, any communications you receive, any products sold or distributed through the services, or these Terms, including claims and disputes that arose between us before the effective date of these Terms (each, a “Dispute”) will be resolved by binding arbitration, using the English language, rather than in court, except that: (1) you and we may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or we may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of these Terms as well as claims that may arise after the termination of these Terms. This paragraph may be referred to as the Arbitration Agreement in these Terms. 

3. Waiver of Jury Trial. 

YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection labelled “Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. 

4. Waiver of Class and Other Non-Individualized Relief.  

YOU AND WE AGREE THAT, EXCEPT AS SPECIFIED IN THIS SECTION, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and we agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated only in the courts provided for under this section. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or us from participating in a class-wide settlement of claims. 

5. Informal Dispute Resolution.  

There may be instances when a Dispute arises between you and us. If that occurs, we are committed to working with you to reach a reasonable resolution. You and we agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcomes. You and we therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you also agree to participate in the conference. The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), and the Informal Dispute Resolution Conference must be held within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties in writing. Notice that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to help@theshadestore.com or by regular mail to our mailing address set out in these Terms. Your Notice must include: (1) your name, telephone number, mailing address, email address associated with your Account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute. The notice must specify a proposed date and time when you are available for an Informal Dispute Resolution Conference; however, you agree to cooperate with The Shade Store in scheduling a mutually agreeable date and time if your proposed date and time is not convenient for The Shade Store. 

The Informal Dispute Resolution Conference must  be individualized such that a separate conference is  held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement prohibits the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section. Failure to appear for the Informal Dispute Resolution Conference without prior notice or extenuating circumstances will be deemed a failure to participate in good faith. 

6. Rules and Forum for Arbitration. 

These Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the informal dispute resolution process described above does not resolve satisfactorily within sixty (60) days after receipt of Notice, you and we agree that either party will have the right to finally resolve the Dispute through binding arbitration. The arbitration will be conducted by American Arbitration Association (the “AAA”), an established alternative dispute resolution provider, under its rules, including Consumer Arbitration Rules (the “AAA Rules”), then in effect, unless otherwise required by law. AAA’s rules are also available at https://adr.org/consumer. For all actions under the AAA Rules, the proceedings may be filed where your residence is, or in New York, New York, and any in-person hearings will be conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. If AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA rules. 

If the Parties are not able to resolve the Dispute through the mandatory informal dispute resolution process referenced above, either party may initiate an arbitration proceeding by sending a demand to the other party that describes the nature and basis for the claim and includes all of the information required in the arbitration notice (“Arbitration Notice”). The Party initiating arbitration must include as part of the demand a personally signed certification of compliance with the informal dispute resolution process. The Arbitration Notice must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the informal dispute resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. If the party requesting arbitration is represented by counsel, the Arbitration Notice shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Arbitration Notice. By signing the Arbitration Notice, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Arbitration Notice is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. Unless you and we otherwise agree, the arbitration will be conducted in the county where you reside. Subject to the applicable AAA rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA Rules. You and we agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential. In any arbitration between you and us, either party may make a written settlement offer on a claim at any time before the arbitrator issues their final decision on the claim. The amount or terms of the offer must not be disclosed to the arbitrator until after the arbitrator makes a final decision. If the offer is not accepted after 30 days or prior to the final decision (whichever is sooner), it shall be deemed withdrawn. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award on the claim at issue, the other party shall pay the offering party’s costs incurred after the offer was made, including any attorney’s fees and fees paid to the arbitration provider, and shall not recover their own post-offer costs. If any applicable statute or case law prohibits the shifting of costs incurred in the arbitration or the fee-shifting provision is otherwise found to be unenforceable or invalid, then the fee-shifting provision in this paragraph will be limited or eliminated, to the minimum extent necessary, so that the remaining provisions in this paragraph shall otherwise remain in full force and effect and enforceable. 

7. Arbitrator.  

The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of New York, and they will be selected by the parties from the AAA roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Arbitration Notice or Roster of Arbitrators from AAA, (whichever is later), then AAA will appoint the arbitrator in accordance with the applicable AAA rules. 

8. Authority of Arbitrator.  

The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to the subsection titled “Waiver of Class and Other Non-Individualized Relief.”, including any claim that all or part of that subsection is unenforceable, illegal, void or voidable, or that the subsection has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in this section, all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in this section. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction. 

9. Attorneys’ Fees and Costs.  

The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Arbitration Notice was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or we need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the informal dispute resolution process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs. 

10. Batch Arbitration. 

To increase the efficiency of administration and resolution of arbitrations, you and we agree that in the event that there are twenty-five (25) or more individual Arbitration Notices of a substantially similar nature filed against us by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period, AAA shall (1) administer the arbitration demands in batches of 100 Arbitration Notices per batch (plus, to the extent there are less than 100 Arbitration Notices left over after the batching described above, a final batch consisting of the remaining Arbitration Notices), or in a single batch if there are fewer than 100 Arbitration Notices in total; (2) appoint one arbitrator for each batch; (3) administer the batches concurrently; (4) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). Arbitration awards in one batch of arbitration demands shall have no precedential effect on subsequently administered batches. 

All parties agree that Arbitration Notices are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise AAA, and AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by us. You and we agree to cooperate in good faith with AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Arbitration Notices, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision. 

11. Applicable Law.  

The dispute resolution provisions in these Terms shall be governed by and construed in accordance with the Federal Arbitration Act (“FAA”). 

12. Invalidity, Expiration. 

If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with us as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction. 

13. Modification to Arbitration Agreement. 

Notwithstanding any provision in these Terms to the contrary, we agree that if we make any future material change to the Arbitration Agreement, we will notify you. Unless you reject the change within thirty (30) days of such change becoming effective by writing to us at the applicable address set out in these Terms, your continued use of the Site, including the acceptance of products and services offered on or through the Site, following the posting of changes to the Arbitration Agreement, constitutes your acceptance of any such changes. Changes to the Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to the Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Site, any communications you receive, any products sold or distributed through the Site or these Terms, the provisions of the Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms) remain in full force and effect. We will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms. 

Legal Notices

You acknowledge and agree that we may give notice to you through email using the latest email address you provided to us, which constitutes effective notice. Therefore, you are responsible for keeping your email address information with us up to date. You may give notice to us by mail at the following address: 21 Abendroth Avenue, Port Chester, NY 10573, Attn: Legal Department. 

Exclusive Venue 

Any dispute of any sort between you and us that arises out of or in connection with the services and is not subject to arbitration or eligible for small claims action, shall be decided exclusively by a court of competent jurisdiction located in New York, New York. You hereby consent to, and waive all defense of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such courts. 

Terms of Sale

The terms of sale with regard to the placement of orders and the purchase of window treatments or other products from The Shade Store through the Site are governed by the Terms of Sale and other purchase-related policies available on the Site, such as the "Limited Warranty" and "Shipping + Handling" , which are in effect at the time of purchase.

Promotions and Sales

From time to time, The Shade Store may offer different sales and/or promotions. Unless otherwise expressly provided in such specific promotion or sale terms, promotions cannot be combined with other promotions or sales, and any exclusive promotion can only be used by the intended recipient of the exclusive promotion. Promotional codes are only valid on a 'per order basis' and thus attempting to apply the same promotional code to multiple orders is not allowed. Percentage off discounts apply to qualifying products or sales prior to taxes, shipping, and fees (including measure and installation fees which are not subject to discounting, unless explicitly stated otherwise).

Promotions cannot be applied to previous purchases. All promotions and sales are void where prohibited, while supplies last, nontransferable, have no cash value, and are not valid outside the United States. The Shade Store may change, cancel, or limit offers or promotions at any time. Additional terms may apply as set out in the promotion or offer.

Copyright Violations

When we receive proper notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and it is our policy to terminate the user accounts of repeat infringers. Please direct all such notifications to: help@theshadestore.comand insert "Re: Copyright Violation" in the subject line header of the email.

Sunbrella®

VENTANA COLLECTION™ IS A TRADEMARK AND SUNBRELLA® IS A REGISTERED TRADEMARK OF GLEN RAVEN, INC.

Severability; Waiver

If for any reason a court of competent jurisdiction finds any provision (or portion thereof) of these Terms of Use, to be unenforceable, the remaining provisions (or portions thereof) shall be enforced to the maximum extent permissible and shall continue in full force and effect so as to effect the intent of these Terms of Use. No waiver or failure to exercise or enforce any right or provision of these Terms of Use shall be deemed a further or continuing waiver of such right or provision or any other right or provision.

Entire Agreement

These Terms of Use (including our Privacy Policy and any other documents or policies appearing on the Site) constitute the entire agreement between you and The Shade Store with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

Accessibility Statement

The Shade Store is committed to promoting accessibility for people with disabilities. Please see our Accessibility Statement to learn more about how we strive to make this Site accessible for all visitors

Text Messaging Terms & Conditions

You may sign up to receive mobile text messages in connection with certain of our services. Our communications with you via text messaging are governed by our Measurement, Order, Installation and Delivery Text Messaging Terms & Conditions, which supplement but do not replace these Terms of Use.

Contact Us

If you have any questions about these Terms of Use or want to request permission to reproduce Content from this Site, please contact us in one of the following ways: E-mail us at: help@theshadestore.com; Mail us at:
21 Abendroth Ave; Port Chester, NY 10573; or call us at: 1-800-754-1455

TERMS AND CONDITIONS OF THE SHADE STORE'S PROFESSIONAL MEASURE & INSTALL PROGRAM

The Shade Store offers its customers complimentary* measurement services to facilitate the ordering process. Measurements are taken according to The Shade Store’s product specifications, and the sole intended use of the measurements is to assist The Shade Store’s Design Consultants in finding your perfect product. Measurements are the property of The Shade Store and will not be shared with customers.

Installation services are offered by The Shade Store at an additional charge as a convenience to our customers. Customers are under no obligation to purchase installation services from The Shade Store. Pricing for installation services is calculated as a percentage of the full list price of the product purchased prior to any discounts and is subject to a minimum trip fee, as listed below.

Please refer to the chart below for pricing in your area. Additional surcharges may apply in certain circumstances. Sales tax may be applied.

Measurement and installation services may be provided by an employee of The Shade Store or by an independent third-party contractor from our local installer network. If you purchase installation services from us, you are covered by our Limited Lifetime Warranty for any warranty issues that may arise from our measure and installation services. Service trips not covered by our warranty may be subject to additional travel charges. We expect our professionals to be courteous, knowledgeable, and respectful of your space. If your experience is less than satisfactory, please notify us immediately. Always use common sense to protect your personal safety and property, just as you would when interacting with other people you don't know. Your personal or business dealings beyond the measurement and installation of The Shade Store products by our authorized professionals, whether regarding payment or delivery of other goods and services, or any other agreements, representations, or warranties associated with such dealings, are solely between you and such third party. You agree that The Shade Store is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings. This measurement and installation policy may be updated or changed at any time.

*Some geographic regions where we do not have regular service are considered “Out of Area”. An in-home measurement in these areas will have an associated charge to cover travel and expenses. In-Home Measurement Fees can be applied to the purchase if the total order value meets our purchase minimum. For more information, or to find out whether you are located in a TSS Service Area, please call us at 800.754.1455.