Last Updated: August 2, 2016
Understanding your rights and responsibilities as a ShearShare user
Protect your personal information by never providing social security, credit card or bank account numbers to prospective salon professionals you seek to lease space to or render services.
These Terms constitute a binding agreement between You and ShearShare, Inc. or the ShearShare company operating the Web site for the country in which You live or in which business is headquartered (“ShearShare”), and are deemed accepted by You each time that You use or access any ShearShare Site or ShearShare Services. If You do not accept the Terms stated here, do not use the ShearShare Sites and the ShearShare Services.
ShearShare may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You.
Users who violate these Terms may have their access and use of the ShearShare Sites suspended or terminated, at ShearShare’s discretion.
You must be 13 years of age or older to visit or use any ShearShare Site in any manner, and, if under the age of 18 or the age of majority as that is defined in Your jurisdiction, must use any ShearShare Site under the supervision of a parent, legal guardian, or other responsible adult.
You may not use the ShearShare Content or Profiles to determine a consumer’s eligibility for: (a) credit or insurance for personal, family, or household purposes; (b) contracting; or (c) a government license or benefit.
1. USE OF SHEARSHARE CONTENT
ShearShare authorizes You, subject to these Terms, to access and use the ShearShare Sites and the ShearShare Content (as defined below) and to download and print a single copy of the content available on or from the ShearShare Sites solely for Your personal, non-commercial use. The contents of the ShearShare Sites, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other ShearShare content (collectively, “ShearShare Content”), are protected under copyright, trademark and other laws. All ShearShare Content is the property of ShearShare or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content on the ShearShare Sites is the exclusive property of ShearShare and is protected by copyright, trademark, and other laws. Unauthorized use of the ShearShare Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original ShearShare Content on any authorized copy You make of the ShearShare Content.
Any code that ShearShare creates to generate or display any ShearShare Content or the pages making up any ShearShare Site is also protected by ShearShare’s copyright and You may not copy or adapt such code.
You agree not to sell or modify the ShearShare Content or reproduce, display, publicly perform, distribute, or otherwise use the ShearShare Content in any way for any public or commercial purpose, in connection with products or services that are not those of the ShearShare Sites, in any other manner that is likely to cause confusion among consumers, that disparages or discredits ShearShare or its licensors, that dilutes the strength of ShearShare’s or its licensor’s property, or that otherwise infringes ShearShare’s or its licensor’s intellectual property rights. You further agree to in no other way misuse ShearShare Content. The use of the ShearShare Content on any other application, web site or in a networked computer environment for any purpose is prohibited. Any code that ShearShare creates to generate or display any ShearShare Content or the pages making up any Application or Service is also protected by ShearShare’s copyright and you may not copy or adapt such code.
2. USE OF THE SHEARSHARE SERVICES
The salon posting exchange (“ShearShare Exchange Database” or “ShearShare Database” or “Database”) and other features of the ShearShare Sites may be used only by salon professionals seeking lease space and by salon owners seeking independent contractor salon professionals. In addition, ShearShare Networking and Profiles may be used by individuals for permitted professional and personal networking purposes. Your use of the ShearShare Services is also subject to any other contracts You may have with ShearShare. In the case of any conflict between these Terms and any contract you have with ShearShare, the terms of your contract will prevail. The term “post” as used herein shall mean information that You submit, publish or display on a ShearShare Site.
You are responsible for maintaining the confidentiality of Your account, Profile and passwords, as applicable. You may not share Your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your ShearShare Site registrations and passwords, whether or not authorized by You. You agree to immediately notify ShearShare of any unauthorized use of Your account, Profile, or passwords.
All ShearShare Users agree to not:
(b) take any action that imposes an unreasonable or disproportionately large load on any ShearShare Site’s infrastructure;
(c) use any device to navigate or search any ShearShare Site other than the tools available on the Site, generally available third party web browsers, or other tools approved by ShearShare;
(d) use any data mining, robots or similar data gathering or extraction methods;
(e) violate or attempt to violate the security of any ShearShare Site including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(f) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(g) reverse engineer or decompile any parts of any ShearShare Site;
(h) aggregate, copy or duplicate in any manner any of the ShearShare Content or information available from any ShearShare Site, including expired Site Lease postings, other than as permitted by these Terms;
(i) frame or link to any ShearShare Content or information available from any ShearShare Site, unless permitted by these Terms;
(j) post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating media;
(k) post any Site Lease Content or Profile or apply for any Site Lease on behalf of another party;
(l) defer any contact from any contractor to any agent, agency, or other third party;
(m) set more than one copy of the same Site Lease Content to public at any one time;
(n) share with a third party any login credentials to any ShearShare Site;
(o) access data not intended for You or logging into a server or account which You are not authorized to access;
(p) post or submit to any ShearShare Site any incomplete, false or inaccurate biographical information or information which is not Your own;
(q) post content that contains restricted or password-only access pages, or hidden pages or images;
(r) solicit passwords or personally identifiable information from other Users;
(s) delete or alter any material posted by any other person or entity;
(t) harass, incite harassment or advocate harassment of any group, company, or individual;
(u) send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by You;
(v) attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any ShearShare Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”;
(w) promote or endorse an illegal or unauthorized copy of another person’s copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; or
(x) use the ShearShare Services for any unlawful purpose or any illegal activity, or post or submit any content or Site Lease posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by ShearShare’s discretion.
Violations of system or network security may result in civil and/or criminal liability. ShearShare will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
3. ADDITIONAL TERMS APPLICABLE TO CONTRACTORS
Contractors are solely responsible for their postings on ShearShare Sites. ShearShare is not to be considered to be an employer with respect to Your use of any ShearShare Site and ShearShare shall not be responsible for any contracting decisions, for whatever reason, made by any entity posting Site Leases on any ShearShare Site.
You understand and acknowledge that if You cancel Your employer account or Your employer account is terminated, all Your account information from ShearShare, including saved Site Lease Content, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from ShearShare’s databases. Information may continue to be available for some period of time because of delays in propagating such deletion through ShearShare’s web servers.
In order to protect our ShearShare Users from commercial advertising or solicitation, ShearShare reserves the right to restrict the number of e-mails which an employer may send to Users to a number which ShearShare deems appropriate in its sole discretion. You shall use the ShearShare Networking and Profiles in accordance with all applicable privacy and data protection laws.
Site Lease postings
A Site Lease posting may not contain:
(a) any hyperlinks, other than those specifically authorized by ShearShare;
(b) misleading, unreadable, or “hidden” keywords, repeated keywords or keywords that are irrelevant to the Site Lease opportunity being presented, as determined in ShearShare’s reasonable discretion;
(c) the names, logos or trademarks of unaffiliated companies other than those of your customer save where expressly agreed by ShearShare;
(d) the names of cities, states, towns or countries that are unrelated to the posting;
(e) more than one Site Lease or Site Lease description, more than one location, or more than one Site Lease category, unless the product so allows;
(f) inaccurate, false, or misleading information; and
(g) material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.
You may not use Your ShearShare Site Lease posting, ShearShare Networking, or Profiles to:
(a) post Site Leases in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and contracting, equal contracting opportunity and contracting eligibility requirements, data privacy, data access and use, and intellectual property;
(b) post Site Leases that require citizenship of any particular country or lawful permanent residence in a country as a condition of contracting, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
(c) post Site Leases that include any screening requirement or criterion in connection with a Site Lease posting where such requirement or criterion is not an actual and legal requirement of the posted Site Lease;
(d) with respect to Profiles, determine a consumer’s eligibility for: (i) credit or insurance for person, family, or household purposes; (ii) contracting; or (iii) a government license of benefit.
(e)post Site Leases or other advertisements for competitors of ShearShare or post Site Leases or other content that contains links to any site competitive with ShearShare;
(f) sell, promote or advertise products or services;
(g) post any franchise, pyramid scheme, “club membership”, distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
(h) post any business opportunity that requires an up front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
(i) post any business opportunity that pays commission only unless the posting clearly states that the available Site Lease pays commission only and clearly describes the product or service that the Site Lease seeker would be selling;
(j) promote any opportunity that does not represent bona fide contracting which is generally indicated by the employer’s use of IRS forms W-2 or 1099;
(k) post Site Leases on any ShearShare Site for modeling, acting, talent or entertainment agencies or talent scouting positions;
(l) advertise sexual services or seek employees for Site Leases of a sexual nature;
(m) request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
(n) endorse a particular political party, political agenda, political position or issue;
(o) promote a particular religion;
(p) post Site Leases located in countries subject to economic sanctions of the United States Government; and
(q) except where allowed by applicable law, post Site Leases which require the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii) age.
ShearShare reserves the right to remove any Site Lease posting or content from any ShearShare Site, which in the reasonable exercise of ShearShare’s discretion, does not comply with the above Terms, or if any content is posted that ShearShare believes is not in the best interest of ShearShare.
If at any time during Your use of the ShearShare Services, You made a misrepresentation of fact to ShearShare or otherwise misled ShearShare in regards to the nature of Your business activities, ShearShare will have grounds to terminate Your use of the ShearShare Services.
Use of the ShearShare Database by Contractors
You shall use the ShearShare Database as provided in these Terms and in any contract You have with ShearShare. You shall use the ShearShare Database in accordance with all applicable privacy and data protection laws, and You agree You shall not further disclose any of the data from ShearShare Database to any third party, unless You are an authorized recruitment agency, staffing agency, advertising or other agency or using the ShearShare Database explicitly for contracting purposes.
You shall take appropriate physical, technical, and administrative measures to protect the data You have obtained from ShearShare Database from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not share Database license login credentials with any other party, nor share Database pay-per-view license login credentials with any party.
The ShearShare Database shall not be used:
(a) for any purpose other than as a ShearShare host/contractor/Site Lease seeker seeking contractors/temporary salon space, including but not limited to advertising promotions, products, or services to any Site Leaseholders;
b) to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to ShearShare hosts or contractors or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted); or
(c) to source contractors or to contact Site Lease seekers or contractors in regards to career fairs and business opportunities prohibited by Section 3.
In order to ensure a safe and effective experience for all of our customers, ShearShare reserves the right to limit the amount of data (including Site Lease views) that may be accessed by You in any given time period. These limits may be amended in ShearShare’s sole discretion from time to time.
4. ADDITIONAL TERMS APPLICABLE TO SITE LEASE SEEKERS
When You register with any ShearShare Site, You will be asked to create an account and provide ShearShare with certain information including, without limitation, a valid email address and cosmetology or barber license number (Your “Information”).
Any Profile You submit must be accurate and describe You, an individual person. The Profile requires standard fields to be completed and you may not include in these fields any telephone numbers, street addresses, email addresses or other means of contacting You, other than Your last name and URLs.
You acknowledge and agree that You are solely responsible for the form, content and accuracy of any Site Lease or material contained therein placed by You on the ShearShare Sites.
You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your ShearShare account or Your ShearShare account is terminated, all Your account information from ShearShare, including Site Lease Content, Profiles, ratings, saved Site Leases, questionnaires will be marked as deleted in and may be deleted from ShearShare’s databases and will be removed from any public area of the ShearShare Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through ShearShare’s web servers. In addition, third parties may retain saved copies of Your Information.
ShearShare reserves the right to delete Your account and all of Your Information after a significant duration of inactivity.
5. USER CONTENT AND SUBMISSIONS
You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by You on or through a ShearShare Site (“User Content”) is the sole responsibility of the person from which such User Content originated. ShearShare claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you submit, post or display on or through ShearShare and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through ShearShare, you grant ShearShare a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute and publish such User Content through ShearShare. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant ShearShare a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting ShearShare and its services. ShearShare will discontinue this licensed use within a commercially reasonable period after such User Content is removed from ShearShare. ShearShare reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.
You also represent and warrant that You have the right to grant, or that the holder of any rights, including moral rights in such content has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If You post User Content in any public area of any ShearShare Site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any ShearShare Site retains any and all rights that may exist in such User Content. ShearShare may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any ShearShare Site. ShearShare reserves the right to expel Users and prevent their further access to the ShearShare Sites and/or use of ShearShare Services for violating the Terms or applicable laws, rules or regulations. ShearShare may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for ShearShare, damage ShearShare’s brand or public image, or cause ShearShare to lose Users or (in whole or in part) the services of its ISPs or other suppliers.
ShearShare does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does ShearShare endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at Your own risk.
The following is a partial list of User Content that is prohibited on the Application. The list below is for illustration only and is not a complete list of all prohibited User Content.
•is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
•harasses, incites harassment or advocates harassment of any group or individual;
•involves the transmission of “junk mail”, “chain letters,”or unsolicited mass mailing, “spamming”or “phishing”;
•promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
•promotes or endorses an illegal or unauthorized copy of another person’s copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
•contains restricted or password only access pages, or hidden pages or images;
•displays or links to pornographic, indecent or sexually explicit material of any kind;
•provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
•provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating any media; and
•solicits passwords or personal identifying information from other Users.
Any Profile You submit must describe You, an individual person. Examples of inappropriate and prohibited Profiles include, but are not limited to, Profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not You.
You may not include, in any User Content submitted to ShearShare Networking, information that may be interpreted as a direct solicitation, advertisement or recruitment for an available Site Lease position directed to individuals seeking contracting on either a full time or part time basis. In order to protect our ShearShare Community Users from commercial advertising or solicitation, ShearShare reserves the right to restrict the number of e-mails or other messages which a User may send to other Users to a number which ShearShare deems appropriate in its sole discretion.
Profiles derived from User Content may also be made available through the ShearShare Sites. ShearShare does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by Contractors. Derived Profiles may differ significantly from User Content.
We appreciate hearing from our Users and welcome Your comments regarding our services and the ShearShare Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value Your feedback on our services, please be specific in Your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the “Submission”), the Submission shall be the property of ShearShare. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. ShearShare shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.
6. IDENTIFICATION OF AGENT TO RECEIVE NOTIFICATION AND ELEMENTS OF NOTIFICATION OF CLAIMED COPYRIGHT OR TRADEMARK INFRINGEMENT
If You believe that Your copyrighted work or trademark has been uploaded, posted or copied to any ShearShare Site and is accessible on such ShearShare Site in a way that constitutes copyright or trademark infringement, please contact ShearShare by email at email@example.com, subject line: Need help with an infringement issue
7. POLICY REGARDING TERMINATION OF USERS WHO INFRINGE THE COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF OTHERS
ShearShare respects the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition to Your use of the ShearShare Sites, You agree not to use any ShearShare Site to infringe the intellectual property rights of others in any way. ShearShare reserves the right to terminate the accounts of any Users, and block access to the ShearShare Sites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. ShearShare reserves the right, in its sole discretion, to take these actions to limit access to the Site and/or terminate the accounts of any time, in our sole discretion Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked. Notwithstanding the foregoing, in the event that You believe in good faith that a notice of copyright infringement has been wrongly filed against You, please contact ShearShare as set forth in Section 6 above.
8. SHEARSHARE’S LIABILITY
The ShearShare Sites act as, among other things, venues for (i) Contractors to post Site Lease opportunities and search for and evaluate Site Lease candidates and (ii) candidates to post Site Lease Content and Profiles and search for and evaluate Site Lease opportunities. ShearShare does not screen or censor the listings, including Profiles offered. ShearShare is not involved in, and does not control, the actual transaction between Contractors and candidates. As a result, ShearShare is not responsible for User Content, the quality, safety or legality of the Site Leases or Site Leases posted, the truth or accuracy of the listings, the ability of Contractors to offer Site Lease opportunities to candidates or the ability of candidates to fill Site Lease openings and ShearShare makes no representations about any Site Leases or User Content on the ShearShare Sites. While ShearShare reserves the right in its sole discretion to remove User Content, Site Lease postings, ratings, or other material from the ShearShare Sites from time to time, ShearShare does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
ShearShare Networking provides a venue for individuals to network for professional and personal purposes and ShearShare does not screen or censor the Profiles or User Content on the ShearShare Sites. ShearShare is not involved in the actual communications between Users. As a result, ShearShare has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on the ShearShare Sites and makes no representations about any Profile or User Content on the ShearShare Sites.
Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom You come in contact through the ShearShare Sites. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using the ShearShare Sites.
Because User authentication on the Internet is difficult, ShearShare cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any ShearShare Site, in the event that You have a dispute with one or more Users, You release ShearShare (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.
The ShearShare Sites and the ShearShare Content may contain inaccuracies or typographical errors. ShearShare makes no representations about the accuracy, reliability, completeness, or timeliness of any ShearShare Site or the ShearShare Content. The use of all ShearShare Sites and the ShearShare Content is at Your own risk. Changes are periodically made to ShearShare Sites and may be made at any time. ShearShare cannot guarantee and does not promise any specific results from use of any ShearShare Site. No advice or information, whether oral or written, obtained by a User from ShearShare or through or from any ShearShare Site shall create any warranty not expressly stated herein.
If You are a California resident, You waive California Civil Code Section 1542, which says: “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.”
ShearShare encourages You to keep a back-up copy of any of Your User Content. To the extent permitted by law, in no event shall ShearShare be liable for the deletion, loss, or unauthorized modification of any User Content.
ShearShare does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through any ShearShare Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.
If You believe that something on the Site violates these Terms please contact our designated agent set forth in Section 6 above.
If notified of any content or other materials which allegedly do not conform to these Terms, ShearShare may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content. ShearShare has no liability or responsibility to Users for performance or nonperformance of such activities.
9. DISCLAIMER OF WARRANTY
TO THE FULLEST EXTENT POSSIBLE BY LAW, SHEARSHARE DOES NOT WARRANT THAT ANY SHEARSHARE SITE OR ANY SHEARSHARE SERVICES WILL OPERATE ERROR-FREE OR THAT ANY SHEARSHARE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY SHEARSHARE SITE OR THE SHEARSHARE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, SHEARSHARE IS NOT RESPONSIBLE FOR THOSE COSTS. THE SHEARSHARE SITES AND SHEARSHARE CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. SHEARSHARE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. SHEARSHARE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SHEARSHARE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
10. DISCLAIMER OF CONSEQUENTIAL DAMAGES
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL SHEARSHARE, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY SHEARSHARE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST CONTRACTING OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY SHEARSHARE SITE AND THE SHEARSHARE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SHEARSHARE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT POSSIBLE BY LAW, SHEARSHARE’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY SHEARSHARE SITE OR YOUR USE OF THE SHEARSHARE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
12 LINKS TO OTHER SITES
The ShearShare Sites contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by ShearShare of the contents on such third-party Web sites. ShearShare is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at Your own risk.
13. NO RESALE OR UNAUTHORIZED COMMERCIAL USE
You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any ShearShare Site.
You agree to defend, indemnify, and hold harmless ShearShare, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any ShearShare Site, (ii) Your use of any ShearShare Content, or (iii) Your breach of these Terms. ShearShare shall provide notice to You promptly of any such claim, suit, or proceeding.
ShearShare makes no claims or representations that the ShearShare Content may be lawfully viewed or accessed outside of the United States. Access to the ShearShare Content may not be legal by certain persons or in certain countries. If You access any ShearShare Site You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. Any software downloaded from any ShearShare Site is further subject to United States export control laws, and may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or (ii) to any individual or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using such software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country, individual, or entity on any such list.
These Terms are governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Dallas, Texas. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, ShearShare’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect ShearShare’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of the ShearShare Sites, a particular “Legal Notice,” or software license or material on particular pages on the ShearShare Sites, these Terms constitute the entire agreement between You and ShearShare with respect to the use of the ShearShare Sites. No changes to these Terms shall be made except by a revised posting on this page.
16. ADDITIONAL TERMS
©Maponics, LLC 2008 Geographic Information provided by Maponics, LLC. Maponics provides the geographic and mapping information of postal codes of the United States. This information is copyright protected and can be used only within the internet application and the functionalities provided by ShearShare. Any other use or publication of the geographic information and maps is not allowed.
17. MOBILE SERVICES
If You use the ShearShare Sites through a mobile device, You agree that information about Your use of the ShearShare Sites through Your mobile device and carrier may be communicated to us, including but not limited to Your mobile carrier, Your mobile device, or Your physical location. In addition, use of the ShearShare Sites through a mobile device may cause data to be displayed on and through Your mobile device. By accessing the ShearShare Sites using a mobile device, You represent that to the extent You import any of Your ShearShare data to Your mobile device that You have authority to share the transferred data with Your mobile carrier or other access provider. In the event You change or deactivate Your mobile account, You must promptly update Your ShearShare account information to ensure that Your messages are not sent to the person that acquires Your old number and failure to do so is Your responsibility. You acknowledge You are responsible for all charges and necessary permissions related to accessing the ShearShare Sites through Your mobile access provider. Therefore, You should check with Your provider to find out if the ShearShare Sites are available and the terms for these services for Your specific mobile devices.
By using any downloadable application to enable Your use of the ShearShare Sites, You are explicitly confirming Your acceptance of the terms of the End User License Agreement associated with the Application provided at download or installation, or as may be updated from time to time.
18. TERMS AND TERMINATION
These Terms will remain in full force and effect while You are a User of any ShearShare Site. ShearShare reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the ShearShare Sites and immediate termination of Your registration with or ability to access the ShearShare Sites and/or any other services provided to You by ShearShare, upon any breach by You of these Terms or if ShearShare is unable to verify or authenticate any information You submit to a ShearShare Site registration. Even after You are no longer a User of the ShearShare Sites, certain provisions of these Terms will remain in effect, including Sections 1, 2, 5, 7 through 16, inclusive.