Terms and Conditions
This website is for use by people who live in the United States. We do not warrant that this website is appropriate or authorized for use in any other country. If you live outside of the United States, you are responsible for determining whether this website and our comply with the laws that apply to you. If this website or our does not comply with the laws that apply to you, you must not access or use this website.
WEBSITE TERMS AND CONDITIONS
This website (this "Site") is operated by or on behalf of Shedrain Corporation ("Shedrain"). These Website Terms and Conditions (these "Terms") govern your use of this Site.
1. Agreement to Terms and Conditions. By accessing, visiting and/or using this Site, you, the visitor, acknowledge that you have read, understand and agree to be bound by these Terms. If you do not agree to be bound by these Terms, do not use this Site. Shedrain may change these Terms at any time by posting the change to this Site. You will be bound by those changes if you visit this Site after those changes have been posted. The date these Terms were last modified is identified at the end of these Terms.
2. Termination. If you breach or otherwise fail to comply with these Terms, your right to access and use this Site will terminate immediately without notice.
3. Intellectual Property Rights.
3.1 Ownership. "SHEDRAIN" is a trademark of Shedrain Corporation. The images, illustrations, designs, icons, photographs, video and audio clips, text and graphics, and the look and feel, collection, arrangement and assembly of the content on this Site, its structure, the domain name/URL for this Site, the HTML code for this Site, the logos and brand names of the products described on this Site and other materials displayed on this Site (collectively, the "Materials") include both registered and unregistered copyrights, trademarks, service marks and trade dress, as well as publicity rights and/or other intellectual property, owned by Shedrain or used by Shedrain with permission of their owners. The Materials are protected by United States copyright, trademark and other intellectual property laws and international treaty. Unauthorized reproduction, distribution or modification is subject to civil and criminal penalties.
3.2 Your Limited License. As long as you comply with the restrictions in Section 3.3, you may do any of the following: (a) visit this Site; (b) print a reasonable number of copies of any pages on this Site for use in connection with your evaluation and purchase of Shedrain products; and (c) transmit pages of this Site to others for purposes of promoting Shedrain and its products. Any other use of any Materials without the express written permission of Shedrain is strictly prohibited. Shedrain may limit or revoke this license at any time.
3.3 Restrictions on Your Use of Materials. Without Shedrain's prior written permission, you must not: (a) modify any of the Materials; (b) remove or alter any copyright, trademark or other proprietary rights notices; (c) except as expressly permitted in Section 3.2 above, copy, reproduce, republish, upload, post, transmit or distribute any of the Materials; (d) access or use this Site to the detriment of Shedrain or for the benefit of any other person; or (e) reverse-engineer, disassemble or decompile except to the extent expressly authorized by applicable law.
3.4 No License. Except as expressly described in Section 3.2 above, nothing in these Terms or in this Site grants, by implication, estoppel or otherwise, any license or right to use any Materials without the prior written permission of the owner of the Materials. All rights reserved.
3.5 Notice of Infringement. Shedrain will promptly process, investigate and respond to all claims of intellectual property infringement and will take appropriate action under the Digital Millennium Copyright Act and other applicable intellectual property laws. Upon receipt of a notice that complies with the Digital Millennium Copyright Act, Shedrain will act to promptly remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and to any reference or link to material or activity claimed to be infringing. Shedrain will terminate access to advertisers and others who are repeat infringers. Send any notice of claimed copyright infringement to the address or telephone number below:
Designated Copyright Agent
8303 NE Killingsworth Street
Portland, OR 97238
Telephone: (503) 255-2200
Fax: (503) 255-6411
Please include in the subject line the word "copyright" for all claims of copyright infringement and the words "intellectual property" for all claims of any other intellectual property infringement. Direct all other questions and comments to firstname.lastname@example.org.
4. Acceptable Use Policy.
4.1 Your Account. If and when you sign up for an account through this Site, you will select a user name and password. To the extent you provide any information to Shedrain when that account is established, or at any other time, you warrant that the information you provide is true, accurate and complete. Each time you log in to that account, you will be deemed to have repeated that warranty. You are responsible for protecting the security and confidentiality of your log-on information and for all financial and other obligations incurred by anyone who uses your log-on information, whether or not you have authorized that use. Notify Shedrain immediately if you become aware of any unauthorized use of your log-on information or any other breach or threatened breach of this Site's security. Shedrain's contact information may be found in Section 16 below.
4.2 Security Rules. Do not: (a) access data that is not intended for your use; (b) log on to a server or account that you are not authorized to access; (c) probe, scan or test the vulnerability of any system or network related in any way to this Site; (d) breach any security or authentication measures; (e) transmit data that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other code that adversely affects the operation of any software or computer hardware or otherwise interferes with service to any host, network, or other user; (f) impersonate another person; (g) violate or attempt to violate the security of this Site; or (h) attempt to do any of the preceding.
4.3 Restrictions. (a) You will not (i) use this Site to violate any law, regulation, court order or contract by which you are bound; (ii) use this Site to advertise any goods or services; (iii) solicit funds, goods or services or suggest in any way that other visitors to this Site join or become a member of any club, service, pyramid, multi-level marketing or other organization; (iv) post chain letters on or send chain letters through this Site; (v) post a link to any other website, email or electronic account that contains or does any of the actions prohibited by this Section; (b) you will not impersonate another person; and (c) your submission to, or posting of, any text, graphics, images, photographs, audio and/or video files, information, ideas or other communications on this Site (each, a "Transmission") will not (i) contain any nudity, obscenities, pornographic or other adult material; (ii) libel, slander or defame any person, facility or product; (iii) invade the privacy of any person, misappropriate the trade secrets of any other person or infringe the copyright, trademark or other proprietary right of any other person; (iv) constitute an unfair or improper trade practice or other wrongful conduct; (v) contain any instructions or discussions about illegal activities; (vi) encourage or promote any illegal activity or racism; (vii) promote or utilize software or services designed to deliver unsolicited e-mail or to circumvent protective technologies in violation of law.
5. Purchases of Shedrain Products. Your purchase of any products sold by Shedrain through this Site will be subject to Shedrain's Terms of Sale.
6. Contests, Sweepstakes, Testimonials and Transmissions Generally.
6.1 Contests, Sweepstakes and Testimonials. If Shedrain at any time offers contests and sweepstakes through this Site, those contests and sweepstakes will be governed by the rules posted with those contests and sweepstakes and these Terms. Shedrain may also from time to time solicit testimonials or other comments. Any personally identifying information submitted to Shedrain in connection with a contest, sweepstake or solicited testimonial will be governed by Shedrain's . All other information included in those Transmissions will be owned by Shedrain, and you hereby sell and assign all right, title and interest in and to those Transmissions to Shedrain.
6.2 Registration Information. If you are required to register in order to participate in a contest or sweepstake, the information you provide during the registration process must be accurate and complete. You agree not to: (a) register more than once or use more than one username; (b) register under the name of any other person or chose a username that suggests you are, or are affiliated with, any other person or entity; (c) select a username that is offensive; (d) choose a username or provide information that is deceptive or misleading to others or that incorporates a solicitation (e.g., buy-cars-from-me).
6.3 Transmissions Generally. By sending any Transmission to this Site, you warrant that the Transmission does not, and that Shedrain' use of the Transmission will not: (a) violate any law or regulation; (b) contain any material that libels, slanders or defames any person, facility or product; (c) invade the privacy, infringe the proprietary rights or violate any other right of any person; (d) constitute an unfair or improper trade practice or other wrongful business conduct; (e) constitute spam or violate any of the security rules or other provisions in the acceptable use policy described in Section 4 above.
8. General Disclaimer of Warranties. All Materials available on or through this Site are provided "AS IS", and to the maximum extent permitted by applicable law, Shedrain disclaims all warranties, express and implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, course of dealing, course of performance, usage in the trade, title, quiet enjoyment, data accuracy, and non-infringement. Without limiting the preceding general disclaimer, Shedrain does not warrant that your use of this Site will be uninterrupted or error free, that defects will be corrected or that this Site or the Materials are free from viruses or other harmful components. Although Shedrain makes reasonable efforts to ensure that the Materials on this Site are accurate and up to date, Shedrain does not make any representations or warranties regarding the use, validity, correctness, accuracy, reliability or truthfulness of this Site, any Materials, any websites that link to this Site, or any links on this Site to other websites.
9. Limitation of Liability. Under no circumstances will Shedrain, its affiliates, suppliers or their shareholders, directors, officers, employees or agents, be liable for any loss of data, loss of use, lost profits, cost of cure, any damages caused by viruses or bugs, any hardware, software or phone line malfunction, any failures or delays in computer transmissions or network connections, or any direct, indirect, special, punitive, exemplary, incidental or consequential damages, arising out of your use or inability to use this Site or the Material, even if those damages are foreseeable and even if Shedrain has been advised of the possibility of those damages. If your use of this Site or the Materials results in the need for service, repair or correction of equipment, software or data, you assume all cost related to that service, repair and correction. 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. By using this Site, you agree that Shedrain' maximum aggregate liability to you for all claims arising from or related to this Site, any Materials or any Transmissions is limited to $50.
10. Privacy. It is Shedrain' policy to respect the privacy of all visitors to this Site. Please read Shedrain'
11. Governing Law. All disputes relating to the Materials, the Transmissions, these Terms or any other part of this Site will be governed by the laws of the State of Oregon, and to the extent applicable, the federal laws of the United States of America, except that neither Oregon's choice of law rules nor the Convention for the International Sale of Goods will apply.
12. Arbitration. All disputes (whether in contract, tort or otherwise, whether statutory, common law or equitable and whether pre-existing, present or future) against Shedrain, its agents, employees, affiliates, successors and assigns (collectively, the "Shedrain Affiliates"), relating to the Materials, the Transmissions, these Terms or any other aspect of this Site will be resolved by binding arbitration administered by the Arbitration Service of Portland ("ASP") under its arbitration rules then in effect. You may obtain a copy of those rules by writing to ASP at 620 SW 5th Avenue, Suite 1010, Portland, Oregon 97204, by downloading the rules from ASP's website, http://www.arbserve.com, or by telephoning ASP at 503-226-3109 or 1-800-423-1216. That arbitration will be conducted before a single neutral arbitrator and will be limited solely to the dispute between Shedrain and you, the user. The arbitration will be conducted in Portland, Oregon, or by telephone or online. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Either you or Shedrain may, without violating this provision, seek from a court any equitable relief that may be necessary to protect the rights or property of that person pending the appointment of an arbitrator (or pending the arbitrator's determination of the merits of the controversy), and in those cases, you irrevocably submit to the jurisdiction of any state or federal court sitting in the State of Oregon, you waive any objection to jurisdiction and venue in those courts and any claim that forum is inconvenient, and you agree not to initiate any proceeding against Shedrain in any other jurisdiction.
13. Headings. The section headings used in these Terms are for convenience of reference only, do not affect the construction or interpretation of the text of these Terms, and are not part of these Terms.
14. Separate Agreements. If any provision of these Terms is unlawful, void or unenforceable for any reason, then that provision will be deemed to be deleted from these Terms and that deletion will not affect in any way the remaining provisions in these Terms.
15. Other Terms and Conditions. These Terms apply to all uses of this Site unless you and Shedrain have signed a separate formal contract, in which case that separate agreement will govern to the extent it conflicts with these Terms.
16. Notices, Questions, Communications. If you wish to contact Shedrain, please direct all inquiries (except for claims of copyright infringement) to email@example.com or telephone this Site administrator at 503-255-2200. Send all notices, questions and communications regarding copyright infringement in the manner specified in Section 3.5 above.
17. Entire Agreement. Except as described in Section 15 (Other Terms and Conditions), these Terms reflect the entire agreement between you and Shedrain relating to the subject matter of these Terms. These Terms may not be modified in any way except in a writing signed by both you and a duly authorized officer of Shedrain.
LAST UPDATED: 2/16/11
Copyright 2011 – Shedrain Corporation. All rights reserved.