LAST REVISED: JANUARY 6, 2014
BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
Responsibility of Website Visitors.
SHP has not reviewed, and cannot review, all of the material, including computer software, posted to this Site, and cannot therefore be responsible for that material’s content, use or effects. By operating this Site, SHP does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. This Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. This Site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. SHP disclaims any responsibility for any harm resulting from the use by visitors of this Site, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which this Site links, and that link to this Site. SHP does not have any control over these websites and webpages, and is not responsible for their contents or their use. By linking to an outside website or webpage, SHP does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. SHP disclaims any responsibility for any harm resulting from your use of outside websites and webpages.
Copyright Infringement and DMCA Policy.
As SHP asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by this Site violates your copyright, you are encouraged to notify SHP in accordance with SHP’s Digital Millennium Copyright Act (“DMCA”) Policy. SHP will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. SHP will terminate a visitor’s access to and use of this Site if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of SHP or others. In the case of such termination, SHP will have no obligation to provide a refund of any amounts previously paid to SHP.
Disclaimer of Warranties.
The Website is provided “as is”. SHP and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither SHP, nor its suppliers and licensors, makes any warranty that this Site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, this Site at your own discretion and risk.
Limitation of Liability.
In no event will SHP, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to SHP under this agreement during the twelve (12) month period prior to the cause of action. SHP shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You agree to indemnify and hold harmless SHP, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of this Site, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between SHP and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of SHP, or by the posting by SHP of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of this Site will be governed by the laws of the state of Alabama, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Montgomery, Alabama. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Montgomery, Alabama, in the English language and the arbitral decision may be enforced in any court. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; SHP may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.