Terms & Conditions of Use of Our Website
1. This Agreement
SBS also may, at any time and without notice, modify or discontinue the Website. You agree that SBS shall have no obligation of any sort in connection with any modification or discontinuance of the Website.
3. Informational Purposes Only
SBS hereby grants You a nonexclusive license to download and display the Website, and to reproduce the content located thereon, in each case solely for Your personal, non-commercial use. SBS provides the Website for information purposes only. THE WEBSITE DOES NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, TAX, LEGAL, FINANCIAL, OR INVESTMENT ADVICE OR OPINION.
4. No Client Relationship
YOUR USE OF THE WEBSITE DOES NOT CREATE A CLIENT RELATIONSHIP BETWEEN YOU AND SBS. If You would like SBS to represent You, You should contact us at firstname.lastname@example.org.
5. Communications Made to Third Parties by Means of the Website; Share this Page Feature
You acknowledge that any communications sent by You to third parties by means of the Website (and any functions which currently exist on the Website or as may be later added or modified), whether by email or otherwise, are not private, and such communications may be read by third parties with or without your knowledge. Further, You agree that the content of any communications that you send to third parties by means of the Website shall be non-confidential and non-proprietary. SBS reserves the right to use such communication for any purpose.
6. Prohibited Uses
You represent and warrant that You will not use the Website to:
a. Upload or transmit content that violates the privacy, intellectual property or other proprietary rights of any third party;
b. Transmit viruses, Trojan horses, worms, malicious code or other harmful or destructive content;
d. Harm the goodwill or standing of SBS or any of its clients, partners, employees, affiliates, agents, contractors or representatives;
e. Attempt to probe, scan, test or violate the security features of the Website or of any associated system or network, or to obtain unauthorized access to materials or other information stored thereon;
f. Attempt to interfere with the use of the Website by any other user.
SBS reserves the right to cooperate fully in any investigation by law enforcement officials of any violation of this Agreement.
8. Third-Party Websites
9. Intellectual Property
The content located on the Website, including without limitation this Agreement, is the copyrighted property of SBS or its licensors. Similarly, the Shelton Business Services name, the sheltonbusinessservices.com domain name, the registered service mark, “Advancing Business Ability,” and all other names and logos used by SBS in connection with the offering of SBS’ goods and services are the trademarks and service marks, or registered trademarks or registered service marks, of SBS or its licensors. Except as explicitly permitted, neither Your use of the Website nor this Agreement grants You any right, title or interest in or to SBS and SBS’ licensors’ copyrights, trademarks and service marks. Copyright © 2011 to the present, Shelton Business Services, LLC. ALL RIGHTS RESERVED.
If You believe that material located on or linked to by the Website infringes one or more of Your copyrights, please immediately notify SBS by written notice addressed to: Shelton Business Services, LLC, 5650 E. Helena Dr., Scottsdale, Arizona 85254. Your notice should include: a signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf; an identification of the copyright claimed to have been infringed; a description of the nature and location of the material that You claim to infringe Your copyright, in sufficient detail to permit SBS to find and positively identify that material; Your name, address, telephone number and email address; and a statement by You (i) that You believe in good faith that the use of Your copyrighted material is not authorized by law, or by the copyright owner or such owner’s agent and, (ii) under penalty of perjury, that all of the information contained in Your faxed notice is accurate, and that You are either the copyright owner or a person authorized to act on their behalf.
No content on the Website is an official product of or endorsed by the Evernote Corporation. EVERNOTE, the Evernote Elephant logo and REMEMBER EVERYTHING are trademarks of Evernote Corporation and used under a license. All references to Evernote in any document, information, post or other written or recorded material on this Website refer to, imply and are intended to mean the Evernote service.
10. DISCLAIMER OF WARRANTIES
SBS HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, SBS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. OPERATION OF THE WEBSITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ALL HARMS, WHETHER TO YOU OR TO ANY THIRD PARTY, ARISING OR RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION AS RELATE TO ANY DAMAGE TO YOUR SYSTEMS OR DATA.
11. LIMITATION OF LIABILITY
THE LIABILITY OF SBS IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SBS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF ANY ADVICE OR NOTICE GIVEN TO SBS, ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE. ADDITIONALLY, THE MAXIMUM LIABILITY OF SBS UNDER ALL CIRCUMSTANCES WILL BE THE AMOUNT PAID BY YOU TO SBS IN CONSIDERATION OF YOUR USE OF THE WEBSITE OR $25, WHICHEVER IS LESS. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN SBS AND YOU. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
You agree to defend, indemnify and hold harmless SBS and its partners, employees, affiliates, agents, contractors and representatives (the “SBS Parties“) from and against all claims, losses, costs, damages, liabilities, and expenses (including without limitation attorneys’ fees) arising out of or relating to: (i) Your use of the Website; (ii) any violation by You of this Agreement; or (iii) Your submission to SBS by means of the Website of incomplete, inaccurate or untimely information or other data. The SBS Parties shall have the right, but not the obligation, to participate through counsel of their choice in any defense by You under this Section.
In the event of a breach by You, this Agreement and all licenses granted thereunder shall automatically terminate, except that the following provisions will survive: 4, and 9-11. Any termination of this Agreement terminates all of Your rights to use the Website, including Your license to the content located thereon.
Without limiting any other provision of this Agreement, SBS reserves the right to, in its sole discretion and without notice or liability, deny use of the Website to any person for any reason or no reason at all.
15. Choice of Law; Jurisdiction and Venue
The Website is located and operated by SBS in Phoenix, Arizona. This Agreement shall be interpreted and enforced as though executed in Phoenix, and shall be governed by and construed in accordance with the laws of the State of Arizona without regard to its conflict of law principles. THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF OR RELATING TO THE WEBSITE OR THIS AGREEMENT WILL BE THE STATE AND FEDERAL COURTS LOCATED IN PHOENIX, ARIZONA. THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.
16. Entire Agreement; Amendment
This Agreement constitutes the entire agreement between SBS and You concerning Your use of the Website. This Agreement may only be modified as stated in Section 2, above, or by amendment signed by an authorized representative of SBS.
18. Severability; Waiver
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of SBS. Notwithstanding the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Without limiting any other provision of this Agreement, this Agreement creates no agency, partnership, joint venture or employee-employer relationship between You and SBS.