Basic Terms and Prohibited Activities
You are responsible for your use of the Sites and for any information you provide to the Sites. You are also responsible for any consequences resulting indirectly or directly from your use.
In connection with your use, you acknowledge and agree that you shall not: (i) copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information obtained through Sites; (ii) access Sites by any means other than through the standard industry-accepted or the provided interfaces; (iii) transmit any message, information, data, text, software or image, or other content (collectively “Content”) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another’s right of privacy or publicity; (iv) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with such a person or entity; (v) post or transmit any Content that contains a virus or corrupted data, use Sites in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other user’s use and enjoyment of Sites; (vi) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (vii) violate any applicable local, state, national or international law, including, but not limited to, uploading or transmitting any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (viii) manipulate or otherwise display Sites by using framing or similar navigational technology; or (ix) use Sites for any purpose that is unlawful or prohibited by these Terms.
All right, title, and interest in and to the Sites are and will remain the exclusive property of ShoreMaster and its licensors. The Sites are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use ShoreMaster’s or any of its affiliates’ names or any of their respective trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding us or the Sites is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
We assume no obligation of any kind with respect to information regarding new products and/or product concepts you may provide. You agree that all such submissions are on a voluntary, unsolicited, and non-confidential basis and that you may not seek any remuneration from ShoreMaster, its affiliates, or any third party for such submission. You understand that we may disclose any idea to third parties, and you agree that you neither have, nor will assert, any claim of ownership in any information so disclosed or any commercial embodiment of such idea that we, our affiliates or agents may ultimately create.
The Sites may contain links to third party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ShoreMaster or its affiliates. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Accounts, Passwords and Security
Sites may require you to open an account, which will require that you complete the registration process by providing us with current, complete and accurate information, as prompted by the applicable registration form. As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be held liable for any losses incurred by us or another party due to someone else using your account or password.
Third Party Content
In general, the Content contained on the Sites may be supplied by third parties and other users. Accordingly, we may only be a distributor (and not a publisher) of such Content. Neither we nor any third party provider of Content guarantees the accuracy, completeness, or usefulness of any Content. Furthermore, we neither endorse nor are responsible for the accuracy and reliability of any Content.
We respect the intellectual property rights of others and expect users of the Sites to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, we will also terminate a user’s account. Our designated copyright agent for notice of alleged copyright infringement appearing on the Sites is:
1025 International Drive
Fergus Falls, MN 56538-0358
You agree to indemnify, defend, and hold ShoreMaster and its subsidiaries, affiliates, suppliers, agents, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) that arise directly or indirectly out of or from your use of the Sites.
WE DO NOT WARRANT THE SECURITY OF OUR SERVERS, NOR DO WE WARRANT THAT YOUR USE OF THE SITES WILL BE COMPLETELY SECURE OR NOT BE INTERCEPTED WHILE BEING TRANSMITTED OVER THE INTERNET. THE SITES, ITS CONTENT ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Disclaimer of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHOREMASTER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA, USE, LOSS OF GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITES; OR (iii) ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
Controlling Law and Jurisdiction
We make no representation that the Sites or Content are appropriate or available for use at other locations outside of the United States.
If any provision of these terms are found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions.
These Terms and any action related thereto will be governed by the laws of the State of Minnesota without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Sites will be brought solely in Minneapolis, Minnesota, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
Waiver and Severability
The failure of us to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
WE MAY MODIFY THESE TERMS AT ANY TIME. SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE ACCOMPLISHED BY POSTING THE MODIFIED TERMS ON THE WEBSITE OR BY SENDING IT TO YOU VIA E-MAIL. YOUR USE OF THE SITES FOLLOWING SUCH NOTICE SHALL BE DEEMED YOUR ACCEPTANCE OF SUCH CHANGES.
These Terms were last updated on March 15th, 2013.