Module Title

Cloud - Mobile Cloud - Security - Communications - Custom Apps - Mobile Device Management - Professional Services

Sholove Terms of Service Agreement and Acceptable Use Policy

Terms of Service Agreement and Acceptable Use Policy last updated March 13, 2013.

Please read this Terms of Service Agreement and Acceptable Use Policy carefully. It contains the terms and conditions governing the use of the Services (as defined below) or Site (as defined below) hosted by Sholove International and/or its various affiliates and partners that are owned or managed by Sholove International.   Your use of the Site (as defined below) and Services (as defined below) constitutes your acceptance of and agreement to the following Terms of Service Agreement and Acceptable Use Policy (the “Agreement”).  If you do not accept the terms and conditions stated in this Agreement, do not use the Site (as defined below) or its Services (as defined below).  To report any violation of this Agreement, please e-mail cloud@sholove.com.  YOUR FAILURE TO COMPLY WITH ANY TERM OR CONDITION SET FORTH IN THIS AGREEMENT MAY RESULT, AMONG OTHER THINGS, IN THE TERMINATION OF YOUR RIGHT TO USE THE SERVICES (AS DEFINED BELOW), AND THE DELETION OF ANY DATA, INFORMATION OR CONTENT ASSOCIATED WITH THE SERVICES WITH OR WITHOUT FURTHER NOTICE, AS DETERMINED BY SHOLOVE (AS DEFINED BELOW) IN ITS SOLE DISCRETION. This Agreement is effective as of March 13, 2013.

  1. Binding Agreement
    The terms of this Agreement is between you (“you,” “User” (as defined below)) and Sholove International, LLC, an Arizona limited liability company, (“Sholove,” “we,” “us”) concerning your use of the Internet World Wide Web site currently located at (together with any successor site(s)) and all Services (as defined below) under Sholove’s control, whether partial or otherwise and includes such all content, text, graphics, design, programming, and other materials (collectively referred to as the “Site”

    The terms of this Agreement apply to any User who accesses the Site. A "User" is an end user who registers on our Site to use any of our Services (as defined below) or other content or material on the Site or purchases a product or service through the Site.  A User also includes anyone who uses any of our products or tools without registering on our Site.

    Your access to or use of the Sholove’s Web Sites or Services indicates your acceptance of this Agreement.  You are agreeing to use the Site and Services (as defined below) at your own risk.

  2. Acceptance of Terms

    By using the Site and Services (as defined below) and accepting this Agreement, you represent and warrant to Sholove that you have the right, authority and capacity to agree to and abide by this Agreement. The Site and Services (as defined below) are made available by Sholove subject to this Agreement. We reserve the right to update or make changes to this Agreement from time to time at our sole discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement on the Site. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement. When using any Services (as defined below), you agree that you are subject to latest version of this Agreement along with any additional posted guidelines, rules, terms and conditions applicable to such Services, which are hereby incorporated by reference into this Agreement.

    We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site or any Services (as defined below), with or without notice; charge fees in connection with the use of the Site; change the fees in connection with the Services; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any Services (as defined below), in whole or in part, or content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes. 

  3. Jurisdictional Issues
    The Site and Services (as defined below)  are controlled and operated by Sholove from the United States, and is not intended to subject Sholove to the laws or jurisdiction of any state, country or territory other than that of the United States. Sholove does not represent or warrant that the Site or its Services (as defined below) or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. We may limit the Site's availability or Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and at our sole discretion with or without notice. 

  4. Description of the Services
    We are a reseller of products and services (such content and services, collectively, the “Services”). We may or may not be directly involved in the transaction between the User and a Third-Party Provider (as defined below).  All content, products, and services made available through the Site that were not made available as of the "LAST UPDATED" date above, shall automatically be deemed to be part of the Services when they are first made available through the Site.

  5. General Use Rules
    The Site is intended for purchasers of our Services. You may use the Site only for lawful purposes within the stated context of Sholove’s intended and acceptable use of the Sites. Sholove is the sole interpreter of the Site’s intended and acceptable use.

    Your use of our Services must, at all times, be in accordance with all applicable international, federal, state, or local laws, regulations, orders and other requirements, in effect now or hereafter.

  6. Other Specific Rules Regarding Site Usage
    Our Site and Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law.  You represent, warrant and agree that you (a) are at least 14 years of age or older, and if under the age of 18 or the age of majority as that is defined in your jurisdiction, you will only use the Site and Services under the supervision of a parent, legal guardian, or other responsible adult; and (b) will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by this Agreement or by applicable law.  The supervising adult of anyone under the age of 18 is the User and is responsible for any and all activities.  It is your responsibility to ensure that your use of the Site complies with this Agreement and all applicable laws.

  7. Registration: User Names and Passwords
    You may be required to register with Sholove in order to access or purchase certain Services or areas of the Site. With respect to such registration, we may refuse to grant you, and you may not use, a user name (or email address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.

    Your user name and password are for your personal use only, and not for use by any other person, including other members of any organization for which you work or with which you are otherwise affiliated. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name, including without limitation all Transactions (as defined in Section 15 below). You agree to immediately notify Sholove of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you "log off"/exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

  8. Information on the Site
    Information, content, or Services made available on the Site or through a Forum (as defined below) (including on any Sholove) may be provided both by Sholove and by third-party visitors to the Site. Please note that Site visitors may post material or make statements on the Site or through a Forum (as defined below) that are inaccurate, misleading or deceptive. Sholove neither endorses nor is responsible for any opinion, advice, information, material or statements provided on the Site or through a Forum (as defined below) by third parties, and Sholove is not responsible for any information or materials made available through the Site or through a Forum (as defined below) or results obtained by using any such information or materials. Under no circumstances will Sholove  or its employees, officers, directors, shareholders, owners, managers, affiliates, agents, representatives, suppliers or members, be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed on the Site or through a Forum (as defined below) reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of Sholove. 

    In addition, Sholove  has no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information that you voluntarily make public through any part of the Site or through a Forum (as defined below). IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SITE OR THROUGH A FORUM (INCLUDING ON ANY ACCOUNT OR PROFILE), YOU DO SO AT YOUR OWN RISK.

  9. Forums
    We and/or our Third-Party Provider(s) (as defined below) may make available through the Site services (for example, message boards, chat functionality and comment features on blogs, among other things) to which you are able to post information and materials (each, a “Forum”). You may not post any document, content, or material to a Forum or the Site, which violates Section 15 below.  PLEASE BE AWARE THAT SUCH FORUMS MAY BE PROVIDED BY A THIRD PARTY, AND MAY BE SUBJECT TO THE TERMS AND CONDITIONS OF SUCH THIRD PARTY, AS WELL AS THIS AGREEMENT. PLEASE REVIEW SECTIONS 8, 11 AND 15 BELOW FOR PARTICULAR TERMS THAT ARE APPLICABLE TO YOUR USE OF THE FORUMS.

  10. Reviews & Comments
    Users may post reviews on the Site. Anything that you submit or post to the Site and/or provide us (the “Submissions”), is and will be treated as non-confidential and non-proprietary, and you grant us a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, modify, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You may edit or delete such Submissions using the tools provided to you by us on the Site

    In addition, when you post Submissions to the Site, you also grant us the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the Submissions that you post on our Site and that use of your reviews, comments, or other Submissions by us will not infringe upon or violate the rights of any third party.

    In addition, when you post Submissions to the Site, you also grant us the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the Submissions that you post on our Site and that use of your reviews, comments, or other Submissions by us will not infringe upon or violate the rights of any third party.

  11. Monitoring
    You acknowledge and agree that (a) we reserve the right (but have no obligation) to evaluate each Submission before allowing it to be posted on the Site or any Forum; and (b) we may do one or all of the following, at our sole discretion: (i) monitor Submissions; (ii) alter, remove, or refuse to post or allow to be posted any Submission; and/or (iii) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate the Site; to protect Sholove  and its employees, officers, directors, shareholders, owners, managers, affiliates, agents, representatives, suppliers and members, and the Site's users and visitors; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose. While we reserve the right at our discretion to remove any Submissions from time to time, we do not assume any obligation to do so and disclaim any liability for failing to take any such action.

  12. Another Party’s Personal Information
    User understands, and acknowledges that posting by a User of personal information about other persons or entities may be in violation of federal and state laws governing privacy, civil rights and other matters. For example, posting information about another person’s medical situation without the express written, informed consent of that person could violate the HIPPA laws and/or other privacy laws. Additionally, use of the Site to collect a debt or intimidate another person may have legal consequences. We cannot and do not give legal advice. It is your duty to know the law. If you are disclosing private information such as medical, highly personal, or financial information of another person or entity, you should understand the law surrounding these disclosures. You may want to contact a lawyer. Some laws that you may want to understand include, but are not limited to the HIPPA law (http://www.hhs.gov/ocr/privacy/), relating to the disclosure of medical information, the Fair Debt Collections Practice law (http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf), relating to disclosure or use of personal financial information, the FACTA law (http://www.ftc.gov/os/statutes/fcrajump.shtm), and other State and Federal laws governing the disclosure of certain personal information if you are making postings about other persons or entities.

  13. Purchases
    If you wish to purchase any product or Services made available through the Site, including any Services, (each such purchase, a “Transaction”), please note that we use a third-party payment service (the “Payment Service”), to collect payments for such Transactions. If you wish to make a Transaction, you will be directed to a web page hosted by the Payment Service (or its service providers) and not by Sholove (the “Payment Service Page”). Your use of the Payment Service Page will be subject to the Payment Service’s user agreement and privacy policy, not this Agreement or our Privacy Policy. You acknowledge and agree that Sholove is not, and will not be, responsible or liable for the Payment Service’s services, its site or any acts or omissions of the Payment Service.

    Descriptions and images of, and references to, products or services on the Site do not imply Sholove’s endorsement of such products or services. Sholove reserves the right, with or without prior notice, to change such descriptions, images, and references; to limit the available quantity of any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product or service. Price and availability of any product or service offered through the Site, including any Services, are subject to change without notice. Refunds and exchanges will be subject to Sholove’s refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions. 

  14. Refund and Exchange Policy
    If a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from a Third-Party, we have the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If the order has been cancelled or refused after a credit card has been charged for the purchase, we will issue an immediate and full refund for the transaction amount to the credit card charged.

    Products or Services purchased through a Third-Party are subject to the refund terms and conditions of the Third-Party.  The following are some of the refund policies of Third-parties’ on our Site:

    • Microsoft Managed Services
    • Intermedia Managed Services
    • Intel Hybrid Cloud
    • Additional Intel Services

      My Mobile Platform provides a refund on phone contracts and accessories up to 14 days from the date of purchase.  Custom application services are fully refundable up to 30 days from purchase.  Refunds for programming and other customized services will be subject to a separate written agreement between us and you.  If you wish to receive specific refund policy information for a product or service, please e-mail us at cloud@sholove.com
  15. Intellectual Property Rights
    The information and materials made available through the Site, including the Services, and all right, title and interest in and to the information, materials and Services are and shall remain the sole property of Sholove or its Third-Party Providers (as defined below), and are protected by United States and Foreign copyright, trademark, patent, and/or other proprietary rights and laws. Sholove reserves for itself and its Third-Party Providers (as defined below) all other rights, title and interest.  Without limitation, you may not reproduce, modify, display, sell, or distribute the information, material or Services, or use them in any other way for public or commercial purpose.

    Sholove’s logos are trademarks and service marks of Sholove.  All other trademarks or registered trademarks on the Site belong to their respective owners. The trade names, trademarks and service marks owned by Sholove, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Sholove trade names, trademarks or service marks without our express prior written consent.

  16. Rules of Conduct
    While using the Site or Services you are required to comply with all applicable laws, rules and regulations as contained in Section 5 above. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; any failure to comply may also result in termination of your access to the Site pursuant to Section 24 below. 

    You agree that you will not use, or encourage, promote, facilitate or instruct others to use, the Services or Site for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive, including, but not limited to, you will not: 

    1. Post, transmit, or otherwise make available, through or in connection with the Site or Forum:

      • Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) libelous and/or defamatory; (c) fraudulent or tortious; (d) sexually explicit, obscene, indecent, pornographic or otherwise objectionable; (e) embarrassing or offensive to another person or entity; or (f) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right
      • Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation.
      • Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, network or equipment.
      • Any monitoring or crawling of the Site or network that impairs or disrupts the Site or network being monitored or crawled.
      • Any Denial of Service (DoS), such as inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
      • Anything that may interfer with the proper functioning of any system, network or Sit, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
      • Any operating network services like open proxies, open mail relays, or open recursive domain name servers.
      • Any manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions
      • Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."
      • Any material, non-public information about a company without the proper authorization to do so.
      • Any response in any manner or for any purpose other than that which is expected.
      • Confidential or private information belonging to others including material non-public information about a company or person.
      • Material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others.
      • White text keywords (including any words embedded in the document and hidden from the User).

    2. Use the Site for any fraudulent or unlawful purpose
    3. Use the Services to violate the security or integrity of our Site, any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include:

      1. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
      2. Monitoring of data or traffic on a System without permission
      3. Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route. This prohibition does not include the use of aliases or anonymous remailers.

    4. Use the Site to harvest or collect personally identifiable information about other users of the Site, except as authorized hereunder or in a separate agreement between you (or the company with which you are affiliated and on whose behalf you are undertaking such collection) and Sholove.
    5. Use the Site to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity.
    6. Create a profile or account that purports to represent anyone that is not you. Examples of inappropriate and prohibited profiles or accounts include, but are not limited to, profiles or accounts that purport to represent an animal, place, inanimate object, fictional character or real individual that is not you.
    7. Give your user name or password to others.  If others use your password to post in appropriate material or documents, you risk losing access to the Site.  You agree to notify Sholove immediately of any unauthorized use of your registration and password.
    8. Impersonate any person or entity, including without limitation any representative of Sholove; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.
    9. Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).
    10. Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
    11. Use the Site to advertise or offer to sell or buy any goods or services, without Sholove’s express prior written consent.
    12. Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site or its Services.
    13. Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
    14. Delete or revise any material posted by any other person or entity, including Sholove and its Third-Party Providers (as defined below).
    15. Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
    16. Create a database by systematically downloading and storing Site content.
    17. Frame or mirror any part of the Site without Sholove’s express prior written consent.
    18. Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without Sholove’s express prior written consent.
    19. Violate or attempt to violate the security of the Site.
    20. Log into a server or account which you are not authorized to use.
    21. Send SPAM or commercial emails of any kind or send unsolicited email.
    22. Forge any TCP/IP packet header or any part of the header information in any email or posting.
    23. In the sole discretion and determination of Sholove, do any activity that is harmful to, or otherwise causes instability to our network or Site.
    24. Attempt to or actually access the Site by any other means other than through the interfaces provided by the Site or by navigating to www.sholove.com or www.sholove.net using a web browser.  This prohibition includes accessing or attempting to access the Site using any third-party service, including software-as-a-service platforms that aggregate access to multiple services.

  17. Privacy Information
    Sholove recognizes the importance of protecting the information that we collect from customers during the process of using the Site and its Services. For further information, please review our complete Privacy Policy which is fully incorporated by reference into this Agreement. If you have questions about any of the provisions described above, please contact us at info@sholove.com

  18. Links
    Our Site may contain links to web sites controlled, owned, and operated by affiliated companies, individuals and other businesses ("Third-Party Sites").  Because Sholove has no control over Third-Party Sites, you acknowledge and agree that Sholove is not responsible for the availability of such external sites or resources or for examining or evaluating information provided on the Third-Party Sites, and Sholove neither endorses nor is responsible or liable for any content, advertising, products or other materials on or available through such sites or resources.  You acknowledge that use of any Third-Party Sites is governed by the terms of use for those sites, and not by these Terms of Use. Such Third-Party Sites may have a privacy policy different from that of this Site and the Third-Party Sites may provide less security than this Site. You should carefully review the respective privacy statements and other conditions of use. We are not responsible for the content of any Third-Party Sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any Third-Party Sites, and we shall have no liability of any nature whatsoever for the actions, products, and content of any such third parties or any other third parties and for any failure of products or services offered or advertised on such Third Party Sites.  Other web sites may provide links to the Site with or without our authorization. You acknowledge and agree that Sholove does not endorse such sites, and is not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.

    YOU AGREE THAT YOUR USE OF THIRD-PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES. 

    Sholove shall have the right, at any time and at its sole discretion, to block links to the Site through technological or other means without prior notice

  19. Third Party Providers
    You acknowledge and agree that Sholove may provide the Services using third party providers, including licensors, subcontractors, suppliers and consultants (the “Third Party Providers”). You agree that, as between Sholove and its Third Party Providers, Sholove will have sole responsibility for handling all billing and contract negotiations.

  20. Representations and Warranties Disclaimers
    1. SHOLOVE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THESE PAGES, THEIR CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, MATERIAL COMMUNICATED BY THIRD PARTIES) OR COMMUNICATIONS FROM CUSTOMER SERVICE REPRESENTATIVES, EXCEPT WHERE PROHIBITED BY LAW.  THE SITE AND ANY PRODUCT OR SERVICE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.  IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM SHOLOVE SHALL CREATE ANY WARRANTY.  TO THE FULLEST EXTENT PERMITTED BY LAW, SHOLOVE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND AGENTS SPECIFICALLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO THE SITE AND ANY PRODUCT OR SERVICE (INCLUDING WITHOUT LIMITATION, THIRD-PARTY PRODUCTS AND SERVICES) INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. SHOLOVE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE OR SERVICES. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE.  SUCH DISCLAIMER SHALL INCLUDE, WITHOUT LIMITATION, MISLABELING OF PRODUCTS. IN ANY SUCH SITUATION, YOUR SOLE RECOURSE SHALL BE AGAINST THE THIRD PARTY WHO SUPPLIED THE PRODUCT THROUGH OUR SITE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

    2. WITHOUT LIMITATION ON THE FOREGOING
      • SHOLOVE DOES NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE OR THAT THE SITES AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SHOLOVE IS NOT RESPONSIBLE FOR THOSE COSTS
      • SHOLOVE MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE TRUTHFULNESS, ACCURACY, LEGALITY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY SITE AND ANY PRODUCT OR SERVICE POSTED BY USERS OR SHOLOVE, OR OF ANY OTHER FORM OF COMMUNICATION ENGAGED IN BY USERS OR SHOLOVE. DOCUMENTS MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU AGREE THAT ANY RELIANCE ON DOCUMENTS POSTED BY USERS OR SHOLOVE, OR ON ANY OTHER FORM OF COMMUNICATION WITH USERS OR SHOLOVE, WILL BE AT YOUR OWN RISK
      • SHOLOVE MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE CONTENT OF THE SITES, INCLUDING, BUT NOT LIMITED TO, BROKEN LINKS, INACCURACIES OR TYPOGRAPHICAL ERRORS
      • SHOLOVE MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR OBJECTIVES

  21. Limitations of Liability
    IN NO EVENT SHALL SHOLOVE, AND (AS APPLICABLE) SHOLOVE’S SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR SHOLOVE’S SUPPLIERS OR SELLERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, EXEMPLARY, PUNITIVE, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, OR ANY OTHER DAMAGES OF ANY KIND, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SERVICES, ANY THIRD PARTY SITE, OR AS A RESULT OF THE APPLICATION AND/OR ENFORCEMENT OF THE TERMS OF USE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES.

    IN PARTICULAR, AND WITHOUT LIMITATION, SHOLOVE AND ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS OR SELLERS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT POSTED ON THE SITE BY SHOLOVE OR ANY THIRD PARTY.  YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF SHOLOVE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE GREATER OF (A) THE AMOUNT PAID TO the applicable seller FOR THE PRODUCT GIVING RISE TO THE CAUSE OF ACTION, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

    While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we do not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third-party alteration to the Site, contact us at info@sholove.com with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.

    • California Residents
      If you are a California resident, you waive California Civil Code Section 1542, which reads: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”This general release and waiver applies to any and all claims you may have against this Site or Service
       
  22. No Endorsements by Sholove

    Nothing on the Sites shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.

  23. Indemnity
    You agree to defend, indemnify and hold harmless Sholove and its employees, officers, directors, shareholders, owners, managers, affiliates, agents, representatives, suppliers or members, from and against all claims, losses, costs and expenses (including attorney’s fees) arising out of (a) your use of, or activities in connection with, the Site (including all Transactions); or (b) any violation of this Agreement by you.

  24. Termination

    This Agreement is effective until terminated. Sholove, at its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including if Sholove believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. We reserve the right to refuse service to anyone for any reason, terminate accounts, remove or edit content, limit, condition or cancel orders in our sole and absolute discretion without prior notice. In addition, without notice, and without refunding any fees, delay or immediately warn Sholove’s community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user.  Without limiting the foregoing, Sholove may, but is not required to, impose transaction limits on some or all buyers and Sellers relating to the value of any transaction or disbursement, the cumulative value of all transactions or disbursements during a period of time, or the number of transactions per day or other period of time.  We will not be liable to any buyer: (i) if Sholove does not proceed with a transaction or disbursement that would exceed any limit established by us for a security reason or (ii) if Sholove cancels a transaction.  Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Sholove may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that Sholove, its Affiliated Entities, and any of its third-party service provider(s) or suppliers shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination. In the event of a termination of this Agreement, Sections 4, 14, 17, 19, 24, 28 through 31 and 23 shall survive such termination.

  25. Information or Complaints
    As discussed below in Section 29, please contact us first to resolve complaints about the Site or Services.  We strive to satisfy every complaint possible.  Please e-mail info@sholove.com or call us at 877-572-8971 with a brief description of your complaint in order for us to resolve your dispute.  

    California residents are entitled to the following consumer rights notice under California Civil Code Section 1789.3(c): If you have a question or complaint regarding the Site, please send an email to info@sholove.com. You may also contact us by writing to PO Box 12304 Carlsbad California, 92008, or by calling us at 877-572-8971. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

  26. Customer Service
    As part of the Services Sholove offers, we may make live customer service agents available to our Users to discuss transactional or other issues telephonically or through electronic or written communications. Customer Service Representatives are not permitted and do not have authority to bind the company or to contravene this Agreement. In addition, Sholove expressly disclaims any liability for information provided by its customer service representatives to the extent the information is beyond or inconsistent with information set forth herein.

  27. Binding Arbitration
    THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. Before you take a dispute to arbitration, you must first contact us by email at info@sholove.com or call us at 877-572-8971, and give us an opportunity to attempt to resolve the dispute through discussions with you. Similarly, before we take a dispute to arbitration, we must first attempt to resolve it through discussions with you by contacting you at the most recent address that we have on file for you. In the event that you and we cannot resolve a dispute within sixty (60) days of notification by either party, or in the event that we are unable to reach you, you do not respond to our efforts to contact you or you fail to engage in good-faith settlement discussions with us, then the following procedures shall apply. All disputes arising under or relating to this Agreement shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”), as amended by the terms of this Agreement. The Supplementary Procedures are available online at www.adr.org (click on the link labeled “Rules,” and then click on the link labeled “Supplementary Procedures for Consumer-Related Disputes”). To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in the State of Arizona. The arbitrator's decision shall be based upon the substantive laws of the State of Arizona without regard to its principles of conflicts of law. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves confidentiality. The arbitrator's decision shall follow the plain meaning of the relevant documents and shall be final and binding. The award rendered by the arbitrator(s) may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing herein shall preclude Sholove from seeking any injunctive relief in U.S. state or federal courts for protection of its intellectual property rights (including the rights of its licensors), and you agree to exclusive jurisdiction by the federal and state courts located in the State of Arizona, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

  28. Applicable Law
    The laws of the State of Arizona govern this Agreement, without giving effect to any principles of conflicts of laws or the Convention on Contracts for the International Sale of Goods. Any dispute with Sholove or its affiliates relating in any way to this Agreement or your use of the Site or Services shall be adjudicated in any state or federal court in Maricopa County, Arizona, and you consent to exclusive jurisdiction and venue in such courts.

  29. Statute of Limitations
    You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred, unless otherwise required by law

  30. Miscellaneous
    This Agreement does not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Sholove. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.  You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and Sholove relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Sholove relating to such subject matter. Notices to you may be made via posting to the Site, by email, or by regular mail, at Sholove’s discretion. E-mail notices are deemed written notices for all purposes for which written notices may be required. E-mail notices are deemed received the business day after transmission if properly addressed to the intended recipient.  The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Sholove will not be responsible for failures to fulfill any obligations due to causes beyond its control. 

  31. Filtering
    Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Sholove does not endorse any of the products or services listed at such sites.

  32. Claims of Copyright Infringement
    The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Sholove a notice requesting that Sholove remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Sholove a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be mailed to: Sholove International LLC., PO Box 12304, Scottsdale Arizona 85267. We suggest that you consult your legal advisor before filing a notice or counter-notice. 

    In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Sholove has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. We may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

  33. Contact Us

    If you have any questions regarding the meaning of application of this Agreement, please direct such questions to info@sholove.com. Please note that email communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your email correspondence with us.

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