PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF SERVICE (“AGREEMENT”) CAREFULLY.
BY UTILIZING (1) ANY SERVICE PROVIDED BY The Share Group LLC., A Nebraska CORPORATION OR (2) ANY SERVICES OR DATA ACCESSIBLE THROUGH OR PROVIDED BY WWW.THESHARE.GROUP OR THE-SHARE-GROUP.MYSHOPIFY.COM OR (3) ANY SERVICE THAT REDIRECTS, RESOLVES, OR FORWARDS TO WWW.THESHARE.GROUP (herein referred to as “Service Provider”, “the Service”, “Service” or “Services”) YOU AND ANY ENTITY CONTROLLED BY OR RELATED TO YOU AND YOUR OFFICERS, DIRECTORS, REPRESENTATIVES, HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, ASSIGNS, AGENTS, ATTORNEYS, EMPLOYEES, AND CONTRACTORS (herein referred to collectively as “Client”) ACKNOWLEDGE, UNDERSTAND, AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS DESCRIBED HEREIN.
IF YOU ARE NOT WILLING TO BE BOUND BY THIS AGREEMENT, OR IF YOU ARE NOT OF AGE, OR OTHERWISE UNABLE BY LAW TO BE A PARTY TO THIS AGREEMENT, DO NOT USE THE SERVICE.
The Share Group LLC., its owner(s), affiliates, distributors, resellers, and their respective officers, directors, partners, members, managers, agents, employees, suppliers, representatives, shareholders, and each of their successors shall not be liable and are not responsible for any loss or damage Client suffers, or any loss or damages suffered by any party through or under Client, as a result of, or related to, the use, misuse, or abuse of the Service including, but not limited to: any indirect, incidental, special, punitive or consequential damages, resulting from or relating in any way to the use of the Service.
Client is solely responsible for complying with all applicable laws and regulations, whether federal, state, local or otherwise. Client should consult with Client’s legal counsel for guidance. Client understands and agrees that Client is not looking to Service Provider p for such guidance.
Client agrees to be responsible for (a) the content of information and communications transmitted using the Service, and (b) the use and publication of communications and/or information using the Service.
Client agrees to indemnify and hold Service Provider harmless from any and all claims, losses, damages, actions, demands, penalties, judgments, expenses and costs (including any attorney’s fees and expenses) arising out of :
(1) The use, misuse, or abuse of the Service by Client
(2) Infringement of any trademark, patent, copyright, or other intellectual property by Client
(3) Any breach of any covenant contained in this agreement
(4) Any misrepresentation, or breach of any of the representations or warranties of Client contained in this agreement
(5) Any claims by parties other than Client who have use of, or access to the Service through Client, including, but not limited to, Client’s End Users
(6) Any claims by third parties for libel, invasion of privacy, or violation of any applicable law due to Client’s use, misuse, or abuse of the Service
Service Provider makes no express or implied representations or warranties about the Service and disclaim any implied warranties, including, but not limited to, warranties of title, implied warranties of merchantability, fitness for a particular purpose, legal compliance, accuracy of data, or non-infringement. Service Provider does not authorize anyone to make any warranties on Service Provider’s behalf, and Client may not rely on any statement of warranty as a warranty by Service Provider.
Service Provider does not warrant that the Service performed will meet Client’s requirements, or will operate in the manner desired by Client, or that the Service will be free from unauthorized intrusion. Client acknowledges and accepts that communications and transactions conducted online are not secure, that there may be a system failure that limits Client’s accessibility to the Service online and that the Service is not guaranteed to be error free. Client understands that any data processing request(s) will be completed only at the time of the request based on the most current data available at the time of processing. Client acknowledges any data transmitted to, or processed by Service Provider may be lost, corrupted, destroyed, edited, deleted or contain errors. Service Provider is not responsible for the loss of any Client data. By using the Service, Client agrees to accept all responsibility and risk associated with the use of the Service online and the internet generally. Client acknowledges that Service Provider has no control over how its underlying telecommunications provider(s) operate. Client agrees that Service Provider shall not be liable for any loss or damage sustained due to any failure in or breakdown of the communication facilities or computer applications associated with providing the Service, for any delay, interruption, or degradation of the Service. Service may be temporarily refused, limited, interrupted or curtailed due to system capacity limitations, technology migration, upgrades, repairs, relocations, limitations imposed by Service Provider’s underlying providers, or activities necessary for the operation or improvement of Service Provider’s network.
This Agreement and any action related thereto will be governed, controlled, interpreted, and defined by and under the laws of the State of Nebraska, without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. This agreement shall be deemed to have been entered into in the State of Nebraska.
Service Provider operates this Web Site from within the State of Nebraska. This Web Site can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Nebraska, by accessing this Web Site, Client agrees that these terms and Client’s use of the Web Site shall be governed in all respect by the internal substantive laws of the State of Nebraska, without regard to conflict of laws provisions and shall not be governed by the United Nations Convention on the International Sale of Goods. Service Provider makes no representation that materials on this Web Site are appropriate or available for use in other locations, and accessing them from territories where the Content is illegal is prohibited. Those who choose to access this Web Site from other locations do so at their own risk and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the United States or the country in which the user resides.
Service Provider and Client agree to resolve any and all disputes and claims arising out of or relating to this Agreement and/or use of the Service via binding arbitration before a single Arbitrator in Omaha, NE. This arbitration provision is intended to be interpreted broadly to encompass all disputes or claims arising out of, or related to this Agreement or to the use of the Service whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. All issues are for the Arbitrator to decide, including the scope of this arbitration clause, but the Arbitrator is bound by the terms of this Agreement. The arbitration shall be governed by the Commercial Dispute Resolution Procedures of the American Arbitration Association. (“AAA”), as modified by this Agreement, and shall be administered by the AAA. The AAA rules are available at www.adr.org. By entering into this Agreement Service Provider and Client are waiving the right to a trial by jury. All hearings conducted as part of the arbitration shall take place in Omaha, NE. CLIENT AND SERVICE PROVIDER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, and not as a plaintiff, defendant, or class member in any purported class or representative proceeding. Further, Service Provider and Client agree that the arbitrator may not consolidate proceedings or more than one individual’s or entity’s claims, and may nor otherwise preside over any form of a representative or class proceeding. With respect to enforcement of this arbitration provision and in the event the parties for any reason do not proceed with arbitration of any disputes, the parties hereto irrevocably and unconditionally consent to and submit to the jurisdiction of the courts located in Omaha, NE in either the Superior Court of Nebraska, or Douglas County Nebraska.
Any arbitration shall be confidential, and neither Client nor Service Provider may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, than the remainder shall still be given full force and effect. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration. All parties to this Agreement are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed unenforceable, illegal, inapplicable or invalid, all parties waive, to the fullest extent allowed by law, (i) any claims to recover punitive or exemplary damages (ii) Any right to pursue any claims on a class or consolidated basis, or in a representative capacity. (iii) the right to a trial by jury.
If any provision of this Agreement is found, by a court or arbitrator of competent jurisdiction, to be unenforceable, illegal, inapplicable, or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Failure of Service Provider to exercise any right under this agreement shall not constitute a waiver of such right. All Services, pricing, and other charges due are exclusive of all applicable taxes, including value added tax, sales tax, duties, or levies imposed by any authority, government, or government agency, the payment of which shall be the sole responsibility of Client. This Agreement represents the final, complete, entire, and exclusive agreement with regard to the subject matter hereto. This agreement supersedes and merges all prior offers, agreements, promises, understandings, statements, representations, warranties, indemnities, and inducements to the making of this agreement relied upon by either party, whether written or oral. No waiver of any rights under this Agreement, will be effective unless in writing and signed by Service Provider and Client. Client may not modify or amend this agreement except by a written instrument signed Service Provider and Client. Any terms purportedly imposed by any purchase order or other document used by Client shall be void and of no effect. Service Provider reserves the right to change or modify the Terms and Conditions of Service. Client expressly agrees to such form of notification of changes and modifications and waives any right to receive individual notices of such changes or modifications. Any changes or modification will be effective immediately upon posting of the revisions.
Unless and until Client obtains the prior signed written consent of Service Provider, Client shall not (i) refer to Client or its affiliates as an authorized representative of Service Provider in promotional, advertising or other materials; (ii) use Service Provider’s logo, trademarks, service marks, copyrighted materials, or any variations thereof in any of its promotional, advertising, or other materials, (iii) release public announcements referring to Service Provider or to this agreement without having first obtained prior written consent of Service Provider. Service Provider is hereby expressly authorized to publish any Client provided written testimonial. Service Provider is hereby expressly authorized to use Client’s name, copyrights, service marks, trademarks, logos or any variations thereof in any of its advertising, promotional, instructional, reference, or sales materials.
Service Provider and Client are, and shall be deemed to be, independent contractors with respect to the subject matter of this Agreement. Neither Party has any authority to enter into agreements of any kind on behalf of the other Party. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created as a result of this Agreement.
Client agrees that all notices by Service Provider to Client shall be considered written and properly given if sent to Client via the email address provided by Client at the time of registration and as necessarily updated by Client. Client shall configure its email system to accept correspondence from Service Provider’s network. Client hereby consents to receive notifications in email format and acknowledges that such format shall not affect the enforceability thereof. Notices to Client shall be deemed to have been received by Client on the next business day following the sending thereof. In the event, Client wishes to not receive notices electronically, Client shall inform Service Provider of such desire and Service Provider shall terminate the Service immediately without further liability. Client agrees that all notices by Client to Service Provider shall be in writing, sent via United States Postal Service, certified mail return receipt requested, and addressed to: 14906 Hanover St. Bennington, NE 68007. Notices to Service Provider from Client shall be evidenced only by signed return receipt and shall be deemed to have been received when successfully delivered by the United States Postal Service.
All information and materials published, transmitted, or otherwise available from Service Provider, is the valuable property of Service Provider. and its licensors and is protected by copyright and other intellectual property laws and treaties. Service Provider and its licensors own all right, title and interest in and to all content, including all copyright and other intellectual property rights.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, arbitration provisions, warranty disclaimers, limitations of liability, governing law and venue provisions. Termination of Client access to and use of Services shall not relieve Client of any obligations arising or accruing prior to such termination or limit any liability which Client may otherwise have to Service Provider, including without limitation any indemnification obligations contained herein.
The individual party to this agreement on behalf of Client represents and warrants that he/she has the full capacity and authority to enter into this agreement on behalf of Client, and that he/she has taken all steps necessary to obtain and achieve said authority. To the extent that such authority is found wanting by a court or arbitrator, he/she agrees to immediately take all steps necessary to obtain and achieve said authority, and that until he/she does so, he/she will remain personally liable for all obligations contained herein. The individual party to this agreement personally guarantees all payments, debts, obligations, and liabilities incurred under this agreement. Client consents to the receipt of pre-recorded calls by Service Provider for the collection of any unpaid debts, or publication of any message it deems appropriate to Client. Consent to receive pre-recorded calls is not a condition of purchase. Consent to receive pre-recorded calls may be revoked by sending notice to Service Provider in writing as set forth in this agreement.
In the event that a court or arbitrator should hold that any of the provision, terms, conditions, disclaimers, limitations of liabilities or remedies available as set forth Agreement, or any portions thereof, are unenforceable for any reason, or that any of the Client’s remedies under this Agreement fail of their essential purpose, Client expressly agrees that under no circumstances shall Service Provider total liability to any party for any cause whatsoever and regardless of the form of action, whether in contract or in tort, including negligence or strict liability, in the aggregate, exceed $1,000 (U.S.).