SHOOK Research™ User Agreement and Privacy Statement
Welcome to the SHOOK® Research Web site (this “Site“) provided by SHOOK® Research, LLC. (“SHOOK,” “we” or “us“). SHOOK collects data and other information regarding Financial Advisors, Registered Investment Advisors, Brokers, Independent Brokers, Wealth Advisors (collectively, “Financial Advisors“) from a variety of sources. SHOOK uses proprietary processes and algorithms to select, compile and adjust certain data to generate ratings and rankings of the Financial Advisors (“Rankings“). On this Site, SHOOK makes available Rankings, lists based on specific criteria, including without limitation, in the form of search results (“Lists”), and other information, profiles and materials regarding Financial Advisors (collectively with the Ratings and Lists, the “Site Materials“).
This user agreement (“User Agreement“) governs your access to and use of this Site and the Site Materials and constitutes a binding agreement between you and SHOOK. Please note that we reserve the right, at our sole discretion, to change this User Agreement from time to time. Your continued use of this Site or any Site Materials after any such change takes effect will be deemed to constitute your acceptance of and agreement to the new User Agreement.
PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE ACCESSING, USING OR BROWSING THIS SITE OR ANY SITE MATERIALS. BY ACCESSING, USING OR BROWSING THIS SITE OR ANY SITE MATERIALS, YOU, ON BEHALF OF YOURSELF OR YOUR ENTITY, AS APPLICABLE, ACKNOWLEDGE AND CONFIRM THAT: (A) YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT; (B) YOU OR YOUR ENTITY, AS APPLICABLE, AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT AND ACKNOWLEDGE THAT THIS USER AGREEMENT IS THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN SHOOK AND YOU OR YOUR ENTITY, AS APPLICABLE; AND (C) IF ACCESSING, USING OR BROWSING THIS SITE ON BEHALF OF AN ENTITY, YOU HAVE FULL AUTHORITY TO BIND YOUR ENTITY TO ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT (COLLECTIVELY “USER AGREEMENT ACCEPTANCE”). IF YOU OR YOUR ENTITY, AS APPLICABLE, ARE NOT WILLING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE PRECEDING ACKNOWLEDGEMENT AND AGREEMENT, DO NOT ACCESS, USE OR BROWSE OUR SITE; SHOOK DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, USE OR BROWSE THIS SITE OR THE SITE MATERIALS.
1. No Recommendations or Financial Advice
SHOOK is not a referral service and does not recommend or endorse any particular Financial Advisor. Rather, SHOOK is only an intermediary that provides selected information about Financial Advisors. We do not offer advice regarding the quality or suitability of any particular Financial Advisor for specific investments or financial planning, and no information on this Site should be construed as investment or financial planning advice. The Rankings and Financial Advisor information consists of statements of opinion and not statements of fact or recommendations to utilize the services of any specific Financial Advisor. Since most advisors do not have audited track records, and because performance returns varies widely based on the many client types, portfolio returns are not a basis of our research. You should not expect any level of results if you engage a Financial Advisor or continue to be engaged with a Financial Advisor for services. You should obtain any additional information necessary to make an informed decision prior to utilizing any specific Financial Advisor.
You assume all responsibility in connection with choosing any Financial Advisor, whether or not you obtained information about such Financial Advisor on or through this Site or any other Lists created by SHOOK. SHOOK and its licensors, suppliers, partners, research partners, sponsors and affiliates (collectively, the “Affiliates“), and the directors, officers, agents, and representatives of each, assume no (and hereby disclaim all) responsibility or liability of any kind, for any advice, investments or other services rendered by any Financial Advisor, or for any claims that may arise directly or indirectly from any such advice, planning or other services.
Upon your User Agreement Acceptance, SHOOK grants you a revocable, non-exclusive, non-transferable, limited license to access and view this Site and the Site Materials, and to copy, download, store and/or print only a single copy of any Site Materials, solely for your non-commercial, personal use and not for resale, disclosure or distribution to anyone else. With respect to any permitted copy of the Site Materials, you will reproduce and include all copyright, confidentiality and other proprietary notices included in such Site Materials on any such copy. All rights not expressly granted to you herein are reserved by SHOOK; there are no implied licenses under this Agreement. The license granted to you in this User Agreement is expressly conditioned on your continued compliance with this User Agreement. Please note that SHOOK, in its sole discretion, may change this User Agreement from time to time and your continued access, use or browsing of this Site or any Site Materials after any such change takes effect will be deemed to constitute your acceptance of and agreement to the changed User Agreement.
3. Ownership; Confidentiality
As between you and SHOOK, all right, title and interest in and to the Site and the Site Materials, including without limitation the Rankings, and systems and methodologies used to create or display the Rankings and Lists, together with all intellectual property rights embodied therein, are the property of SHOOK or SHOOK’s Affiliates. The Site and Site Materials are protected by law, including but not limited to U.S. and international copyright law, trademark law, trade secret law, as well as other state, federal, and international laws, regulations and treaties (collectively, “IP Laws”). SHOOK does not claim any rights in unaltered government data.
You agree not to engage in any activity that would constitute copyright infringement with respect to the Site Materials, including without limitation the Rankings, Lists and/or the systems and methodologies used to create or display the Rankings and Lists. You acknowledge that SHOOK selected, compiled, arranged and adjusted data and information regarding Financial Advisors and the Rankings are original compilations (as defined by the 1976 Copyright Act, 17 U.S.C. § 101) containing material wholly and exclusively original to SHOOK. You may not reproduce, create derivative works of, distribute, publicly perform or publicly display the Site Materials or any portion thereof without SHOOK’ prior written consent. By way of illustration but not limitation, except as expressly permitted in this User Agreement or otherwise permitted by us in writing, you may not, directly or indirectly, transmit, download, upload, post, sell, rent, license, transfer, disclose, mirror, frame, reverse engineer, decompile, disassemble, or use any aspect of this Site or any Site Materials (including, but not limited to, any Rankings or Lists), in whole or in part, in any form or by any means. Also by way of illustration but not limitation, except as expressly permitted in this User Agreement or otherwise permitted by us in writing, you may not, directly or indirectly, use any of the Rankings or Lists for any purposes other than your personal, non-commercial evaluation of Financial Advisors, to compile mailing lists or other lists of Financial Advisors for commercial purposes, to establish independent data files or compendiums of statistical information or in violation of any applicable laws or regulations. Additionally, you may not use any metatags or any other “hidden text” utilizing the name “SHOOK” without our prior written permission.
Further, you agree not to engage in any activity that would constitute unfair competition or trademark infringement in connection with the Site Materials, including without limitation the Rankings. You acknowledge that SHOOK Research is a trademark of SHOOK Research, LLC. You acknowledge that SHOOK actively and extensively uses and promotes the SHOOK trademark and that there is substantial goodwill associated with the SHOOK trademark. You agree not to cite (orally, in writing or otherwise), reproduce or re-publish the Rankings, Lists and SHOOK trademark in any manner likely to deceive or cause confusion in the marketplace. You understand and agree that, due to the nature of SHOOK’s products and services, any unauthorized citation, reproduction or re-publication of the Rankings or Lists and use of any of the SHOOK Marks is likely to be deceptive and cause confusion in the marketplace, suggest non-existent sponsorship or endorsement by SHOOK, misappropriate SHOOK’ reputation, goodwill business opportunities and revenues, or otherwise misappropriate the cachet of SHOOK’ products and/or services; thus, you agree not to cite (orally, in writing or otherwise), reproduce or re-publish the Rankings, Lists and SHOOK Marks without the prior written permission of SHOOK and you hereby waive any right to assert any “nominative fair use” or “nominative use” defense in any trademark or copyright infringement action brought against you in the event that you do cite, reproduce or re-publish the Rankings, Lists or SHOOK Marks without the prior written permission of SHOOK. You further acknowledge that other names and logos contained in this Site or in the Site Materials are trademarks and service marks of third parties and may not be used without the permission of the trademark or service mark owner.
The Rankings and Lists constitute confidential and valuable proprietary compilations owned by SHOOK. You will protect the confidentiality of (and not disclose to any person) the Rankings or Lists for three (3) years from the date you accessed such information, by using at least the same degree of care as you use to protect your own confidential information, but no less than a reasonable degree of care. Your disclosure of information contained in the Rankings pursuant to a judicial or administrative order will not be deemed to be a breach of this User Agreement, provided that you provide timely written notice of such order to SHOOK and reasonably cooperate with SHOOK efforts to contest or limit the scope of such order. Any breach of the foregoing confidentiality obligation will cause SHOOK irreparable harm for which there is no adequate legal remedy. In the event of any actual or threatened breach of this Agreement, SHOOK will be entitled to obtain injunctive and all other appropriate relief from a court of competent authority, without being required to: (a) show any actual damage or irreparable harm; (b) prove the inadequacy of its legal remedies; or (c) post any bond or other security.
Please be aware that we actively and aggressively enforce our intellectual property rights to the fullest extent of the law. Please send an e-mail via our Contact Us page to inquire about the possibility of alternative arrangements regarding the Rankings and Lists.
4. Password Maintenance and Responsibility
If you wish to access certain areas of this Site or the Site Materials available on or through certain areas of this Site, you must choose a password during your completion of this Site’s registration process. By registering and/or completing a survey, you represent, warrant and covenant that: (a) you are at least 18 years of age; (b) you are using your actual identity; (c) you have provided only true, accurate, current and complete information about yourself during the registration process; and (d) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. You may update your information at any time by logging into the Site and clicking on “Login.”
By logging onto this Site using any password, you represent, warrant and covenant that you are authorized to use such password and to engage in the activities that you conduct thereunder. You are solely responsible for the confidentiality and use of your password, as well as for any activities conducted on or through this Site using your password. If you wish to cancel a password, or if you become aware of any loss, theft or unauthorized use of a password, please notify us immediately. We reserve the right to delete or change any password at any time and for any reason.
5. Term and Termination
This User Agreement will take effect at the time you click “Log In” or access, use or browse this Site or any Site Materials. We reserve the right, at any time and for any reason, without notice to you: (a) to deny you access to this Site, the Site Materials or any portion thereof; (b) to change, remove or discontinue the Site or any portion thereof, or any of the Site Materials or services available on or through this Site; or (c) to terminate this User Agreement. Upon termination of this User Agreement, all licenses granted to you under this User Agreement immediately and automatically terminate and you may no longer access, browse or otherwise use this Site, the Site Materials or any portion thereof.
“Non Personal Information” is information that is not personally identifiable to you and that we automatically collect when you access our Website with a web browser. It may also include publicly available information that is shared between you and others.
“Personally Identifiable Information” is non-public information that is personally identifiable to you and obtained in order for us to provide you within our Website. Personally Identifiable Information may include information such as your name, email address, and other related information that you provide to us or that we obtain about you.
Information We Collect
Generally, you control the amount and type of information you provide to us when using our Website.
As a Visitor, you can browse our website to find out more about our Website. You are not required to provide us with any Personally Identifiable Information as a Visitor.
Computer Information Collected
When you use our Website, we automatically collect certain computer information by the interaction of your mobile phone or web browser with our Website. Such information is typically considered Non Personal Information. We also collect the following:
Third Party Tracking Tools
We also use third party tracking tools to improve the performance and features of our Website. These third party tracking tools are designed to collect only Non-Personal Information about your use of our Website. However, you understand that such tools are created and managed by parties outside our control. As such, we are not responsible for what information is actually captured by such third parties or how such third parties use and protect that information.
We automatically receive information from your web browser or mobile device. This information includes the name of the website from which you entered our Website, if any, as well as the name of the website to which you’re headed when you leave our website. This information also includes the IP address of your computer/proxy server that you use to access the Internet, your Internet Website provider name, web browser type, type of mobile device, and computer operating system. We use all of this information to analyze trends among our Users to help improve our Website.
How We Use Your Information
We use the information we receive from you as follows:
Our Website We may use the Personally Identifiable information you provide to us along with any computer information we receive to customize our Website.
Sharing Information with Affiliates and Other Third Parties
We do not sell, rent, or otherwise provide your Personally Identifiable Information to third parties for marketing purposes. We may provide your Personally Identifiable Information to affiliates that provide services to us with regards to our Website (i.e. payment processors, Website hosting companies, etc.); such affiliates will only receive information necessary to provide the respective services and will be bound by confidentiality agreements limiting the use of such information.
We retain the right to collect and use any Non Personal Information collected from your use of our Website and aggregate such data for internal analytics that improve our Website and Service as well as for use or resale to others. At no time is your Personally Identifiable Information included in such data aggregations.
Legally Required Releases of Information
We may be legally required to disclose your Personally Identifiable Information, if such disclosure is (a) required by subpoena, law, or other legal process; (b) necessary to assist law enforcement officials or government enforcement agencies; (c) necessary to investigate violations of or otherwise enforce our Legal Terms; (d) necessary to protect us from legal action or claims from third parties including you and/or other Members; and/or (e) necessary to protect the legal rights, personal/real property, or personal safety of Philanthropic Research Institute, our Users, employees, and affiliates.
Protecting Your Child’s Privacy
Our Website is not designed for use by anyone under the age of 13 (“Child”), though we realize we may have a Child attempt to make purchases through our Website. We do not verify the age of our Users nor do we have any liability for verifying a User’s age. If you are a Child, please seek the permission of a parent or guardian before using our Website.
If you are a parent or guardian and believe your Child is using our Website, please contact us to remove your Child’s account; we reserve the right to ask you for verification of your relationship to the Child before we honor such a request. If we discover that a Child has created an account on our Website, we will immediately delete the account as soon as we discover it, we will not use the information for any purpose, and we will not disclose the information to third parties. However, as parent of such a Child, you understand that you are legally liable for any transactions created by the Child.
Links to Other Websites
This Site may contain links to other sites on the World Wide Web for the convenience of our users. These other sites have not been reviewed by us and are maintained by third parties over which we exercise no control. Accordingly, we expressly disclaim any responsibility for the content, policies and practices of these other sites and for the availability, accuracy, reliability, completeness, currency, quality, performance or suitability of the information, products and services available or advertised on or through these other sites. Moreover, these links do not imply, directly or indirectly, our endorsement of or affiliation with any other site or site owner, or any information, products or services provided by any third party. When leaving this Site, you should be aware that our terms and policies may no longer govern, and, therefore, you should review the applicable terms and policies of each linked site.
Our Email Policy
Our affiliates and we fully comply with national laws regarding SPAM. You can always opt out of receipt of further email correspondence from us and/or our affiliates. We agree that we will not sell, rent, or trade your email address to any unaffiliated third-party without your permission.
If you have any questions about our Privacy Practices or this Policy, please contact us.
7. Third Party Content and Privacy Information Delivered to Third Parties
Some of the Site Materials, including but not limited to, certain financial information, news, data, research, analysis and opinions, are provided by independent information providers (“Providers”). We make no representations with respect to, nor do we guarantee or endorse the availability, accuracy, reliability, completeness, currency, quality, performance, suitability, or correct sequencing of any information, materials or other content provided by any of the Providers. We do not endorse, oppose or edit any opinion or analysis expressed by any of the Providers. We assume no responsibility or liability for any information, materials or other content provided by any of the Providers. Moreover, any private information you deliver to third parties accessed through a link at the Site will be held subject to the privacy policies of that third party, and not SHOOK.
8. Submissions – Rules and Permission to Use
Any and all materials (other than information given in connection with registration, which shall be treated as set forth in other provisions of this User Agreement), including without limitation patient surveys, Financial Advisor responses, suggestions, feedback, ideas, concepts, comments, illustrations and other materials that you disclose or offer to us on or in connection with this Site or any Site Materials (“Submissions”) are submitted by you without any restrictions or expectation of confidentiality. You hereby assign to us without additional consideration or further obligation, all rights now known or hereafter existing to use, allow others to use, or assign the right to use, the Submissions. You further agree that your Submissions may be used without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you, including the right to use, reproduce, modify, adapt, publish, transmit, publicly perform or display, translate, create derivative works from, or otherwise communicate to the public the Submissions on this Site or elsewhere by us, our assigns or others we have allowed to use your Submissions. You will not assert any proprietary right or moral right of any kind with respect to any Submissions.
You represent and warrant to SHOOK that:
• you own, or are otherwise lawfully authorized to use, all Submissions and portions thereof that you transmit to or through this Site;
• any Submissions submitted by you will not contain any of the following material (the “Proscribed Material”):
◦ material that is false, factually inaccurate or misleading;
◦ material that is defamatory, libelous, deceptive or fraudulent;
◦ material that violates any U.S. or foreign law or regulation, including without limitation any law or regulation governing advertising or testimonials;
◦ material that discriminates against, ridicules, harasses or disparages an individual or group for any reason, or on the basis of race, religion, national origin, gender, sexual orientation, marital status, age, disability or any other status that SHOOK deems inappropriate for the Site;
◦ material that violates any person’s privacy right;
◦ material that infringes or violates any person’s copyright, trademark or other intellectual property right;
◦ material that is obscene or derogatory; and
◦ material that promotes violence, firearms, ammunition or weapons designed to inflict serious bodily harm;
◦ material that SHOOK deems, in its sole discretion, objectionable or inappropriate for the Site; and
• SHOOK’s use of any Submission, as permitted under this User Agreement, does not and will not violate any U.S. or foreign law or regulation, including without limitation any law related to advertising or testimonials, any law concerning defamation, libel and privacy, and any copyright, trademark or other intellectual property law, and will not cause injury to any person or entity.
• You understand and agree that inclusion of any Submissions on the Site is not, and shall not be, an endorsement of any cause, idea, website, interest, products or services
9. Confidentiality on the Internet
Use of the Internet is solely at your own risk and is subject to all applicable local, state, federal, and international laws and regulations. While we have endeavored to create a secure and reliable site, please be advised that the confidentiality of any communication or material transmitted to us over the Internet cannot be guaranteed. Consequently, neither we nor our Affiliates are responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on this Site, or for the consequences of any reliance on such information. You must make your own determination as to these matters.
10. Electronic Communications with SHOOK
Should you elect to send or receive e-mail communications of any kind to or from SHOOK, you represent and warrant to SHOOK that your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions. You further agree that the content (including any Site Materials) in any e-mail or other electronic communication you receive from SHOOK is subject to the provisions of this User Agreement.
11. Site Monitoring
We reserve the right to view, monitor and record activity on this Site without notice to or permission from you. We may disclose any records, electronic communications, information, materials or other content of any kind: (a) if we believe in good faith that applicable law, regulation or legal process requires it; (b) if such disclosure is necessary or appropriate to operate this Site; or (c) to protect our rights or property or the rights or property of our users and business partners. However, we are not responsible for screening, policing, editing or monitoring this Site. We are committed to complying with all applicable U.S. and foreign laws and regulations, including without limitation copyright and related laws, and expect all Users of this Site to comply with all applicable laws and regulations as well. Using this Site to transmit any Proscribed Materials is expressly prohibited under the User Agreement.
If it comes to our attention, we discover or we are notified of an allegation that this Site or a Submission contains any Proscribed Materials, then we may, but have no obligation to, investigate the allegation and determine in our sole discretion whether to remove or request the removal of the same from this Site. Notices to us regarding any alleged violation of this User Agreement or copyright infringement on this Site should be directed to SHOOK via our online form located at “Contact Us.”
12. Events Beyond Our Control
You absolve and release us and our Affiliates from any claim of harm resulting from any cause(s) over which we or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions, and disclosure of your private financial information that you have provided to third parties through links on our Site.
THIS SITE AND THE SITE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY. WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP TO DATE INFORMATION AVAILABLE, THE SITE MATERIALS MAY CONTAIN TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (A) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE, THE SITE MATERIALS, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH THIS SITE; AND (B) ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THIS SITE OR ANY SITE MATERIALS WILL ASSIST YOU IN IDENTIFYING A SUITABLE FINANCIAL ADVISOR OR FOR ANY OTHER PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND THE SITE MATERIALS IS ENTIRELY AT YOUR OWN RISK.
FURTHER, WE EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO SEPARATE AGREEMENTS YOU MAY MAKE WITH FINANCIAL ADVISORS OR WITH THIRD PARTIES WHO OFFER PRODUCTS OR SERVICES ON OR THROUGH THIS SITE, AND YOU WILL LOOK SOLELY TO SUCH FINANCIAL ADVISORS AND THIRD PARTIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS AND/OR SUCH PRODUCTS OR SERVICES.
14. Limitations of Liability
NEITHER WE NOR OUR AFFILIATES WILL BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR USE OF, OR RELIANCE UPON, THIS SITE, ANY SITE MATERIALS, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THIS SITE, ANY SITE MATERIALS, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS SITE, YOUR SOLE REMEDY IS TO CEASE USING SUCH ITEM(S).
UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, PROPRIETORS, PARTNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) ARISING OUT OF USE OF THIS SITE, ANY SITE MATERIALS, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED ON OR THROUGH THIS SITE, OR PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS SITE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, this limitation may not apply to you.
You will defend, indemnify, and hold harmless SHOOK and our Affiliates, and our and their respective directors, officers, shareholders, proprietors, partners, employees, agents, representatives, servants, attorneys, predecessors, successors and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from (a) your use of this Site, any Site Materials, or any products or services obtained on or through this Site, (b) any arrangements you make based on information obtained on or through this Site or (c) any breach by you of this User Agreement.
16. Governing Law and Selection of Venue
Regardless of the jurisdiction in which you work or reside, this User Agreement is made in the State of Florida, and will be construed and enforced in accordance with Florida law (without regard to its provisions governing conflicts of law), as applied to agreements entered into and completely performed in Florida; the privacy laws of the State of Florida will govern.
ANY ACTION ARISING OUT OF THE CONTENT OF THIS SITE, YOUR USE OF THE SITE MATERIALS OR YOUR UNAUTHORIZED CITATION, REPRODUCTION OR RE-PUBLICATION OF ANY SITE MATERIALS OR USE OF ANY SHOOK MARKS, OR ANY ACTION TO ENFORCE THIS USER AGREEMENT WILL BE BROUGHT ONLY IN THE FEDERAL OR STATE COURTS PRESIDING IN FLORIDA, AND YOU EXPRESSLY AGREE TO BE SUBJECT TO THE JURISDICTION OF SUCH COURTS. USE OF THIS SITE IS LIMITED SOLELY TO PERSONS WHO AGREE TO RESOLVE ANY AND ALL DISPUTES PERTAINING TO THIS SITE IN THE FEDERAL AND STATE COURTS OF FLORIDA, AND SUCH AN AGREEMENT IS AN EXPRESS CONDITION TO USE OF THIS SITE.
This Site is controlled and operated by SHOOK from its offices within the United States. We make no representation that this Site or the Site Materials are appropriate or available for use outside of the United States, and access to this Site or the Site Materials from territories where their contents are illegal is prohibited. Those who choose to access this Site or the Site Materials from locations outside of the United States do so of their own volition and are responsible for compliance with applicable local laws.
17. Notices; Contacting SHOOK
Notices to you may be posted on the Site or sent to the e-mail address that you provide to us when you register, as SHOOK deems appropriate. Such notice will be deemed given on the day the notice is posted on the Site or one business day after the e-mail is sent.
If you have any questions about this User Agreement, the Site or the Site Materials, or if you need to notify us, then contact via our email submission form located at “Contact Us.
18. Notice and Procedure for Claims of Copyright Infringement.
If you believe that any content, posting, Submission or other materials or information displayed on or provided through the Site, including through a link, infringes your copyright, then you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Copyright Agent with an email via our email submission form located at “Contact Us” (please use subject line “DMCA Notice”). See 17 U.S.C. § 512 for more information. To be effective, the notice must be in writing and contain the following:
a. An electronic or physical signature of the person authorized to act on behalf of an exclusive copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Site that is reasonably sufficient to enable SHOOK to identify and locate the material;
d. How SHOOK can contact you, such as your address, telephone number and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
f. A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.
19. Notice and Procedure for Claims of Intellectual Property.
Identification of the work claimed to have been infringed (e.g., trademark registration);
a. Identification of the material that is claimed to be infringing together with information sufficient to locate the allegedly infringing material on the Site;
b. Your contact information, including your address, telephone number and a valid email address; and
c. A statement by you that you have a good faith belief that use of the material is not authorized.
By submitting a valid notice of infringement, you agree that we may provide your request to the user who posted the material addressed in your notice. Upon receipt of a valid notice of intellectual property infringement, SHOOK may remove or disable access to the allegedly infringing content in its sole discretion. SHOOK may terminate the accounts of repeat infringers under appropriate circumstances.
The following provisions will survive the termination of this User Agreement: 1; 3; 6; 7; 8; 9; 10; 11; 12; 13; 14; 15; 16; 17; 18;19; and 20. Failure to insist on strict performance of any provisions of this User Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver of any provision of this User Agreement will be valid unless in writing and acknowledged in writing or electronically by both parties. If any portion of this User Agreement is adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect, and the parties will promptly substitute for the invalid provision an enforceable provision which resembles the invalid provision as closely as possible in intent and economic effect. No joint venture, partnership, employment or agency relationship exists between you and SHOOK as a result of this User Agreement or your use of this Site or any Site Materials. This User Agreement constitutes the entire agreement between you and SHOOK with respect to your use of this Site and the Site Materials, and supersedes any and all prior understandings or agreements between you and SHOOK, whether written or oral. You acknowledge that, in providing you access to and use of this Site and the Site Materials, we have relied on your User Agreement Acceptance.
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