TERMS OF USE

Introduction

These terms and con­di­tions govern your use of this web­site; by using this web­site, you accept these terms and con­di­tions in full. If you dis­agree with these terms and con­di­tions or any part of these terms and con­di­tions, you must not use this website.

You must be at least 18 years of age to use this web­site. By using this web­site and by agreeing to these terms and con­di­tions you war­rant and rep­re­sent that you are at least 18 years of age.

This web­site uses cookies. By using this web­site and agreeing to these terms and con­di­tions, you con­sent to Shubie’s use of cookies in accor­dance with the terms of Shubie’s privacy.

License to use website

Unless oth­er­wise stated, Shubie’s and/or its licen­sors own the intel­lec­tual prop­erty rights in the web­site and mate­rial on the web­site. Subject to the license below, all these intel­lec­tual prop­erty rights are reserved.

You may view, down­load for caching pur­poses only, and print pages or OTHER CONTENT from the web­site for your own per­sonal use, sub­ject to the restric­tions set out below and else­where in these terms and conditions.

You must not:

  • repub­lish mate­rial from this web­site (including repub­li­ca­tion on another website);
  • sell, rent or sub-license mate­rial from the website;
  • show any mate­rial from the web­site in public;
  • repro­duce, dupli­cate, copy or oth­er­wise exploit mate­rial on this web­site for a com­mer­cial purpose;
  • edit or oth­er­wise modify any mate­rial on the web­site; or
  • redis­tribute mate­rial from this web­site except for con­tent specif­i­cally and expressly made avail­able for redistribution.

Where con­tent is specif­i­cally made avail­able for redis­tri­b­u­tion, it may only be redis­trib­uted within your organization.

Acceptable use

You must not use this web­site in any way that causes, or may cause, damage to the web­site or impair­ment of the avail­ability or acces­si­bility of the web­site; or in any way which is unlawful, illegal, fraud­u­lent or harmful, or in con­nec­tion with any unlawful, illegal, fraud­u­lent or harmful pur­pose or activity.

You must not use this web­site to copy, store, host, transmit, send, use, pub­lish or dis­tribute any mate­rial which con­sists of (or is linked to) any spy­ware, com­puter virus, Trojan horse, worm, key­stroke logger, rootkit or other mali­cious com­puter software.

You must not con­duct any sys­tem­atic or auto­mated data col­lec­tion activ­i­ties (including without lim­i­ta­tion scraping, data mining, data extrac­tion and data har­vesting) on or in rela­tion to this web­site without Shubie’s express written consent.

You must not use this web­site to transmit or send unso­licited com­mer­cial communications.

You must not use this web­site for any pur­poses related to mar­keting without Shubie’s express written consent.

Restricted access

Access to cer­tain areas of this web­site is restricted. Shubie’s reserves the right to restrict access to other areas of this web­site, or indeed this entire web­site, at Shubie’s discretion.

If Shubie’s pro­vides you with a user ID and pass­word to enable you to access restricted areas of this web­site or other con­tent or ser­vices, you must ensure that the user ID and pass­word are kept confidential.

Shubie’s may dis­able your user ID and pass­word in Shubie’s sole dis­cre­tion without notice or explanation.

User con­tent

In these terms and con­di­tions, “your user con­tent” means mate­rial (including, but without lim­i­ta­tion, text, images, audio mate­rial, video mate­rial and audio-visual mate­rial) that you submit to this web­site, for what­ever purpose.

You grant to Shubie’s a world­wide, irrev­o­cable, non-exclusive, royalty-free license to use, repro­duce, adapt, pub­lish, trans­late and dis­tribute your user con­tent in any existing or future media. You also grant to Shubie’s the right to sub-license these rights, and the right to bring an action for infringe­ment of these rights.

Your user con­tent must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Shubie’s or a third party (in each case under any applic­able law).

You must not submit any user con­tent to the web­site that is or has ever been the sub­ject of any threat­ened or actual legal pro­ceed­ings or other sim­ilar complaint.

Shubie’s reserves the right to edit or remove any mate­rial sub­mitted to this web­site, or stored on Shubie’s servers, or hosted or pub­lished upon this website.

Notwithstanding Shubie’s rights under these terms and con­di­tions in rela­tion to user con­tent, Shubie’s does not under­take to mon­itor the sub­mis­sion of such con­tent to, or the pub­li­ca­tion of such con­tent on, this website.

No war­ranties 

This web­site is pro­vided “as is” without any rep­re­sen­ta­tions or war­ranties, express or implied. Shubie’s, to the max­imum extent per­mitted by applic­able law, makes no rep­re­sen­ta­tions or war­ranties of any kind, express or implied, in rela­tion to this web­site, the infor­ma­tion, con­tent, prod­ucts, orma­te­rials pro­vided on this web­site, or to the oper­a­tion of this website.

Without prej­u­dice to the gen­er­ality of the fore­going para­graph, Shubie’s dis­claims all war­ranties, express, statu­tory or implied, including but without lim­i­ta­tion to implied war­ranties of mer­chantability and fit­ness for a par­tic­ular pur­pose; war­ranties or con­di­tions of work­man­like effort, accu­racy, title, quiet enjoy­ment, no encum­brances, no liens and non-infringement; war­ranties or con­di­tions arising through course of dealing or usage of trade; war­ranties or con­di­tions that access to or use of the site will be unin­ter­rupted or error free or infor­ma­tion on this web­site is com­plete, true, accu­rate or non-misleading; and war­ranties or con­di­tions that the infor­ma­tion on this web­site is com­plete, true, accu­rate, or non-misleading. Nothing on this web­site con­sti­tutes, or is meant to con­sti­tute, advice of any kind. If you require advice in rela­tion to any legal, finan­cial or med­ical matter you should con­sult an appro­priate professional.

Limitations of liability

Shubie’s will not be liable to you for any dam­ages of any kind (whether under the law of con­tact, the law of torts or oth­er­wise) in rela­tion to the con­tents of, or use of, or oth­er­wise in con­nec­tion with, this web­site, including but without limitation:

  • to the extent that the web­site is pro­vided free-of-charge, for any direct loss;
  • for any indi­rect, inci­dental, puni­tive, spe­cial or con­se­quen­tial loss; or
  • for any busi­ness losses, loss of rev­enue, income, profits or antic­i­pated sav­ings, loss of con­tracts or busi­ness rela­tion­ships, loss of rep­u­ta­tion or good­will, or loss or cor­rup­tion of infor­ma­tion or data.

These lim­i­ta­tions of lia­bility apply even if Shubie’s or an autho­rized rep­re­sen­ta­tive has been expressly advised of the poten­tial loss.

Exceptions

Applicable law may not permit the lim­i­ta­tion or exclu­sion of lia­bility or inci­dental or con­se­quen­tial dam­ages, so the above lim­i­ta­tion or exclu­sion may not apply to you.  This exclu­sion of dam­ages is inde­pen­dent of the exclu­sive remedy described below and shall sur­vive in the event that such remedy fails of its essen­tial pur­pose or is oth­er­wise deemed unenforceable.

In no event shall Shubie’s incur total lia­bility to you for all dam­ages, losses and causes of action (whether or not in con­tract, tort (including without lim­i­ta­tion neg­li­gence), or oth­er­wise) exceed the amount paid by you, if any, for accessing this or any other com­pany site.

Reasonableness

By using this web­site, you agree that the exclu­sions and lim­i­ta­tions of lia­bility set out in this web­site dis­claimer are reasonable.

If you do not think they are rea­son­able, you must not use this website.

Other par­ties

You accept that, as a lim­ited lia­bility entity, Shubie’s has an interest in lim­iting the per­sonal lia­bility of its offi­cers and employees. You agree that you will not bring any claim per­son­ally against Shubie’s offi­cers or employees in respect of any losses you suffer in con­nec­tion with the website.

Without prej­u­dice to the fore­going para­graph, you agree that the lim­i­ta­tions of war­ranties and lia­bility set out in this web­site dis­claimer will pro­tect Shubie’s offi­cers, employees, agents, sub­sidiaries, suc­ces­sors, assigns and sub-contractors as well as Shubie’s.

Unenforceable pro­vi­sions

If any pro­vi­sion of this web­site dis­claimer is, or is found to be, unen­force­able under applic­able law, that will not affect the enforce­ability of the other pro­vi­sions of this web­site disclaimer.

Indemnity

You hereby indem­nify Shubie’s and under­take to keep Shubie’s indem­ni­fied against any losses, dam­ages, costs, lia­bil­i­ties and expenses (including without lim­i­ta­tion legal expenses and any amounts paid by Shubie’s to a third party in set­tle­ment of a claim or dis­pute on the advice of Shubie’s legal advisers) incurred or suf­fered by Shubie’s arising out of any breach by you of any pro­vi­sion of these terms and con­di­tions, or arising out of any claim that you have breached any pro­vi­sion of these terms and conditions.

Breaches of these terms and conditions

Without prej­u­dice to Shubie’s other rights under these terms and con­di­tions, if you breach these terms and con­di­tions in any way, Shubie’s may take such action as Shubie’s deems appro­priate to deal with the breach, including sus­pending your access to the web­site, pro­hibiting you from accessing the web­site, blocking com­puters using your IP address from accessing the web­site, con­tacting your internet ser­vice provider to request that they block your access to the web­site and/or bringing court pro­ceed­ings against you.

Variation

Shubie’s may revise these terms and con­di­tions from time-to-time. Revised terms and con­di­tions will apply to the use of this web­site from the date of the pub­li­ca­tion of the revised terms and con­di­tions on this web­site. Please check this page reg­u­larly to ensure you are familiar with the cur­rent version.

Assignment

Shubie’s may transfer, sub-contract or oth­er­wise deal with Shubie’s rights and/or oblig­a­tions under these terms and con­di­tions without noti­fying you or obtaining your consent.

You may not transfer, sub-contract or oth­er­wise deal with your rights and/or oblig­a­tions under these terms and conditions.

Severability

If a pro­vi­sion of these terms and con­di­tions is deter­mined by any court or other com­pe­tent authority to be unlawful and/or unen­force­able, the other pro­vi­sions will con­tinue in effect. If any unlawful and/or unen­force­able pro­vi­sion would be lawful or enforce­able if part of it were deleted, that part will be deemed to be deleted, and the rest of the pro­vi­sion will con­tinue in effect.

Entire agree­ment

These terms and con­di­tions, together with the pri­vacy policy, con­sti­tute the entire agree­ment between you and Shubie’s in rela­tion to your use of this web­site, and super­sede all pre­vious agree­ments in respect of your use of this website.

Law and jurisdiction

These terms and con­di­tions will be gov­erned by and con­strued in accor­dance with gov­erning law, and any dis­putes relating to these terms and con­di­tions will be sub­ject to the non-exclusive juris­dic­tion of the courts of Massachusetts.

Credit

This doc­u­ment was cre­ated using a Contractology tem­plate avail­able at http://​www​.freenetlaw​.com.