Last updated: February 25, 2016
YOUR ACCESS TO, USE OF AND BROWSING OF THE SITES AND THEIR CONTENTS ARE SUBJECT TO THE TERMS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOUR PERMISSION TO ACCESS OR USE THE SITES IS AUTOMATICALLY AND IMMEDIATELY REVOKED.
ShelfGenie may revise or update the Terms from time to time. You should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page. Any changes in the Terms take effect upon posting and only apply to use of the Sites after that date. Each time you access, use or browse a Site, you signify your acceptance of the then-current Terms.
The communications between you and ShelfGenie are electronic. You consent to receive communications from ShelfGenie in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
- Products and Services
The Sites provide an online platform for ShelfGenie to provide passive information related to its custom design shelving solutions (the “Products”) and other services to users of the Sites or which ShelfGenie may provide from time to time through the Sites (collectively, the “Services”). The Content (as defined in Section 4), Products or Services on the Sites may be out of date or differ slightly from the actual Products or Services offered, sold or provided by ShelfGenie. ShelfGenie does not sell or offer for sale any Products or Services through the Sites.
- Permitted Users of Sites
In consideration of your use of the Sites, you represent that either you are of an age to form a legally binding contract and you are not prohibited from contracting for services under the laws of the United States or any other applicable jurisdiction, or your parent or guardian has agreed to these Terms on your behalf.
The Sites are directed to persons 13 years of age or older. ShelfGenie and the Sites do not knowingly collect information from children under age 13. If you are under age 13, you are not permitted to use the Sites or to submit any personally identifiable information to the Sites. If you provide information to ShelfGenie through the Sites, you represent that you are 13 years of age or older. If you are between 13 and 17 years of age, when you visit, browse and use the information on the Sites, you represent that you have the permission of a parent or guardian to do so and who agrees to these Terms on your behalf; you may post messages, but you may not submit any personal information. If you are a parent or guardian and believe ShelfGenie may have inadvertently collected personal information from your child, please notify ShelfGenie immediately by sending an email to firstname.lastname@example.org.
- Permitted and Prohibited Uses of the Sites
You acknowledge and agree that the content available through the Sites, including, without limitation, the Sites' text, graphics, logos, icons, images, information, material, content, design, layout and organization ("Content"), is the sole and exclusive property of ShelfGenie and/or its licensors. You agree not to reproduce, duplicate, modify, copy, sell, resell or exploit for any commercial purpose, any portion of the Sites or Content other than as expressly authorized by ShelfGenie in writing. Use of the Sites or Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law. You agree not to access the Sites by any means other than through a standard web browser in any media.
The Sites and Content are provided solely for your own information and personal use. You may not publish, modify, distribute, perform, sell, resell, exploit, or create derivative works from any part of the Sites or Content unless expressly authorized by ShelfGenie in writing. You agree that you will not remove, obscure or modify any acknowledgements, credits or legal, intellectual property or proprietary notices, or any marks or logos contained on the Sites or in the Content.
- Account Password and Security
Some areas of the Sites may require you to register an account with us. Your registration is subject to our review and approval and we reserve the right not to approve, or withdraw our approval of, your registration for any reason or no reason. In registering or using this Site, you agree to provide, maintain, and update information that is true, accurate, current and complete about yourself when registering and on an ongoing basis. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, or if we suspect that any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Sites or your account.
When you register to open an account on a Site, you may be required to: provide your email address, which may be used as your username, select a password to be used in conjunction with your account, and to provide your first and last name. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all uses of your password and your account, whether by you or others. You agree to (a) log out of your account at the end of each session; (b) keep your password confidential and not share it with anyone else; and (c) immediately notify ShelfGenie of any unauthorized use of your password or account or any other breach of security. ShelfGenie is authorized to act on instructions received through use of your password, and is not liable for any loss or damage arising from your failure to comply with this Section.
- Proprietary Rights
You acknowledge and agree that, as between ShelfGenie and you, all right, title and interest in and to the Sites and Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know how, or any other intellectual property rights, are owned exclusively by ShelfGenie or its licensors, are valid and enforceable, and are protected by United States intellectual property laws and other applicable laws. You agree that you will not modify, decompile, disassemble, reverse engineer or create derivative works of the Sites or any portion thereof.
Copyright: All Content, such as text, graphics, videos, logos, icons, images, media, data, audio, animation, software and other information and materials, is the copyright and property of ShelfGenie or its licensors and content suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Sites solely for your own information and personal non-commercial use. Any other use, including without limitation the reproduction, modification, distribution, transmission, publication, display, performance or commercial exploitation of Content, is strictly prohibited.
Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Sites are proprietary to ShelfGenie or licensors. Without limiting the foregoing, ShelfGenie®, Everything Within Reach® and any ShelfGenie logo are trademarks of ShelfGenie’s parent, Cabinet Essentials Group, LLC. Unauthorized use of any trademark of ShelfGenie or licensors may be a violation of applicable trademark laws. Any third party names or trademarks referenced in the Sites do not constitute or imply affiliation, endorsement or recommendation by ShelfGenie of the third parties, or by the third parties of ShelfGenie.
- Your Indemnity of ShelfGenie
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD SHELFGENIE AND ITS PARENT, AFFILIATES, LICENSORS, LICENSEES, FRANCHISEES, VENDORS, SUPPLIERS AND THEIR RELATED PARTIES (EXCEPT FOR YOU WITH REGARD TO YOUR SUBMISSIONS), INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, SERVICES PROVIDERS, SUCCESSORS, ASSIGNS, AND OTHERS ACTING IN CONCERT WITH ANY OF THE FOREGOING, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, EXPENSE OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO, RELATING TO OR ARISING OUT OF (A) YOUR USE OF OR RELIANCE ON THE SITES OR ANY CONTENT, PRODUCTS, SERVICES OR ACTIVITY, YOUR DEALINGS IN CONNECTION WITH THE SITES, OR YOUR SUBMISSION(S) OR ANY OTHER MATERIALS YOU SUBMIT TO US OR TRANSMIT TO THE SITES; (B) YOUR VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS, OR THE RIGHTS OF SHELFGENIE OR ANY THIRD PARTY; AND (C) ANY ACTIVITY RELATED TO YOUR ACCOUNT OR ANY OTHER PERSON ACCESSING THE SITES USING YOUR ACCOUNT.
- User Generated Content
Communications Services: The Sites may contain blogs, chat areas, forums, comments, rankings, communities, calendars, Activities and/or other message or communication facilities designed to enable you and others to communicate with other Site users or ShelfGenie (collectively, “Communication Services”). You acknowledge that your submissions to the Sites may be or become available to others on the Sites and elsewhere. You agree only to post submissions or send and receive messages and materials that are appropriate, not confidential or private, and related to the particular Communication Service. You are responsible for the submissions you make or post to the Sites. You should only provide submissions that you are comfortable sharing with others under these Terms.
Prohibited Actions: You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and ShelfGenie reserves the right to determine what types of conduct it considers to be inappropriate use of the Sites. In the case of inappropriate use, ShelfGenie may take such measures as it determines in its sole discretion.
By way of example, and not as a limitation, you agree that you will not:
- Use any Site or Content for any purpose or to take any actions in violation of local, state, national or international laws, regulations, codes or rules.
- Violate any code of conduct or other guidelines which may apply to any particular Communication Service.
- Take any action that places an unreasonable or disproportionately large load on a Site's infrastructure or otherwise that may adversely affect performance of the Sites or restrict any other user or ShelfGenie from using or enjoying the Communication Services or the Sites.
- Use a Site for unauthorized framing or linking, or via automated devices, bots, agents, crawl, scraping, scripts, intelligent search or any similar means of access to Content.
- Aggregate, copy, duplicate, publish or make available any Content to third parties outside the Sites in any manner.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy or publicity) of others, or impersonating anyone else or misrepresenting your identity or affiliation.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, pornographic, offensive, harassing, infringing, obscene, indecent or unlawful topic, name, material, content or information.
- Upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights, titles, or interests thereto or have received all necessary consents or rights.
- Upload or transmit files that contain viruses, mal-ware, disabling code, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Use a Site to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation.
- Harvest or otherwise collect information about others, including without limitation email addresses or other contact information, without their consent, or hack or violate any security measures.
- Falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source.
- Engage in any other action that, in the judgment of ShelfGenie, exposes it or any third party to potential liability or detriment of any type.
User Materials: Any content or views submitted or otherwise made available by users through the Sites (“User Materials”) are strictly those of the originating author, who is solely responsible for its content. Use of or reliance on User Materials is entirely at your own risk. ShelfGenie does not endorse any User Materials nor vouch for their reliability. Under no circumstances will ShelfGenie be liable in any way for any User Materials.
You acknowledge that ShelfGenie may or may not pre-screen User Materials, but that it has the right (but not the obligation) in its sole discretion to pre-screen, refuse, delete and/or move any User Materials that are available via a Site. Without limiting the foregoing, ShelfGenie has the right to delete or remove any User Materials that violate the Terms or are otherwise objectionable in ShelfGenie’s sole discretion. ShelfGenie shall have no liability for such deletion or removal. By viewing this site, you agree that such viewing and reading does not violate the laws or standards imposed by your town, city, state or country.
You understand that by using a Site, you may be exposed to User Materials that you may consider offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or exposure to any User Materials posted by others. You further acknowledge and agree that you will not rely on any Content or User Materials available on or through the Sites.
Submissions: You are solely responsible for the User Materials that you post, share, email, transmit or otherwise make available via a Site (“Submission”). All Submissions are subject to these Terms. ShelfGenie is under no obligation to post or use any Submission and may remove any Submission at any time in its sole discretion.
By making a Submission, you represent and warrant that your Submission is true, accurate and not misleading; that you own all right, title and interest, including copyright, to your Submission, and that your Submission is your own original work; that your Submission does not include the trade secret or confidential information of others, and does not infringe any other person’s or entity’s rights; and that you and any other person or entity (or its owner) mentioned or shown in your Submission hereby release and hold harmless ShelfGenie and its designees from and against any and all claims concerning ShelfGenie’s or its designees’ use, modification or distribution of the Submission or any part thereof. You must hold all necessary releases, licenses and consents concerning the contents of your Submission and rights to post, distribute, or transmit your Submission.
You agree that you will evaluate and bear all risks associated with your Submission and any disclosure in your Submission. Submissions will be available to Site users and to users of other websites and services.
By making a Submission, you grant ShelfGenie and its affiliates, licensees, assignees and designees an irrevocable, assignable, transferable, fully sub-licensable (through multiple levels of sublicensees), perpetual, world-wide, royalty-free, fully paid-up, non-exclusive license, in their sole discretion, to use, distribute, reproduce, modify, combine, adapt, publish, translate, rent, lease, sell, publicly perform, publicly display and create derivative works of your Submission (in whole or in part), along with your name or any part thereof, your city/town/village of residency, and other information from your user profile, in ShelfGenie’s sole discretion, on the Sites or elsewhere, and to use or incorporate all or any part of your Submission into other advertising, promotion, marketing, review, recommendation, research, analysis or other materials in any format or medium now known or later developed. You hereby waive any right to inspect such use and waive, release, and hold ShelfGenie and its affiliates, licensees, assignees and designees harmless against any and all claims based on privacy, publicity, defamation, misappropriation, intellectual property or similar claims for any use of your Submission.
- Notice and Procedures for Making Claims of Copyright or Intellectual Property Infringement
ShelfGenie may, in its sole discretion, disable and/or terminate use by users who infringe the intellectual property of others. If you believe that your work has been copied on a Site in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide ShelfGenie’s Marketing Department a Notice containing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Sites (providing URL(s) in the body of an email is the best way to help ShelfGenie locate content quickly);
- your name, address, telephone number, and email address;
- 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;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright or intellectual property owner’s behalf.
ShelfGenie’s Notice of claims of copyright or other intellectual property infringement can be reached by sending an email to email@example.com.
- Links to Other Websites
- Modifications to the Sites, Products, Services or Activities
ShelfGenie reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Sites, Products, Services or Activities or any portion thereof, with or without notice. You agree that ShelfGenie will not be liable to you or to any third party for any modification, suspension or discontinuance of a Site, Product, Service or Activity. You should retain copies of your Submissions that you may want to save and not rely on the Sites to preserve your Submissions.
- Suspension and Termination Rights
ShelfGenie reserves the right, at its sole discretion, immediately and without notice, to suspend, discontinue, or terminate your access to the Sites or any part thereof for any reason, including without limitation any breach by you of these Terms. You agree that ShelfGenie shall not be liable to you or any third party for any such suspension, discontinuance or termination.
THE SITES AND CONTENT AND ALL INFORMATION, CONTENT, SERVICES, PRODUCTS AND ACTIVITIES OFFERED, CONTAINED IN OR ADVERTISED ON THE SITES, INCLUDING WITHOUT LIMITATION TEXT, VIDEO, GRAPHICS AND LINKS, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHELFGENIE AND ITS PARENT, AFFILIATES, LICENSORS, LICENSEES, FRANCHISEES, VENDORS, SUPPLIERS AND RELATED PARTIES (EXCEPT FOR YOU WITH REGARD TO YOUR SUBMISSIONS) AND THEIR RESPECTIVE, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, SERVICES PROVIDERS, SUCCESSORS, ASSIGNS, AND OTHERS ACTING IN CONCERT WITH ANY OF THE FOREGOING, DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, CONTENT, SERVICES, PRODUCTS, ACTIVITIES AND MATERIALS, AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE FOREGOING, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SUITABILITY, FREEDOM FROM COMPUTER VIRUS, ACCURACY, RELIABILITY, SAFETY, NON-INTERRUPTION, PERFORMANCE, COURSE OF DEALING OR COURSE OF PERFORMANCE, OR COMPLIANCE WITH APPLICABLE LAW. YOUR USE OF THE SITES AND ANY CONTENT IS ENTIRELY AT YOUR OWN RISK.
Without limiting the foregoing, you are responsible for taking all necessary precautions to insure that any Content or access to the Sites is free of viruses or other harmful code.
- Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHELFGENIE AND ITS PARENT, AFFILIATES, LICENSORS, LICENSEES, FRANCHISEES, SUPPLIERS AND RELATED PARTIES (EXCEPT FOR YOU WITH REGARD TO YOUR SUBMISSIONS), AND THEIR RESPECTIVE, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, SERVICES PROVIDERS, SUCCESSORS, ASSIGNS, AND OTHERS ACTING IN CONCERT WITH ANY OF THE FOREGOING, DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE SITES, USE, INABILITY TO USE OR PERFORMANCE OF, OR THE INFORMATION, CONTENT, PRODUCTS, SERVICES, ACTIVITIES OR MATERIALS AVAILABLE FROM OR THROUGH THE SITES. IN NO EVENT SHALL SHELFGENIE OR ITS PARENT, AFFILIATES, LICENSORS, LICENSEES, FRANCHISEES, SUPPLIERS OR RELATED PARTIES (EXCEPT FOR YOU WITH REGARD TO YOUR SUBMISSIONS), AND THEIR RESPECTIVE, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, SERVICES PROVIDERS, SUCCESSORS, ASSIGNS, AND OTHERS ACTING IN CONCERT WITH ANY OF THE FOREGOING, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND RESULTING FROM (A) THE USE OF OR THE INABILITY TO USE THE SITES, PRODUCTS, SERVICES OR ACTIVITIES, (B) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE SITES, (C) ANY LOSS OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA, OR (D) PROCUREMENT OF ANY SUBSTITUTE PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLES, EVEN IF SHELFGENIE OR ANY OF THOSE ENTITIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY.
WITHOUT LIMITING THE FOREGOING, IF YOU ARE A USER WHO HAS MADE A PURCHASE WITH US PREVIOUSLY, AND ARE DISSATISFIED WITH ANY PORTION OF THE SITES, PRODUCTS, SERVICES, ACTIVITIES OR THESE TERMS, THE MAXIMUM TOTAL AGGREGATE LIABILITY OF SHELFGENIE OR ITS PARENT, AFFILIATES, LICENSORS, LICENSEES, FRANCHISEES, SUPPLIERS AND RELATED PARTIES (EXCEPT FOR YOU WITH REGARD TO YOUR SUBMISSIONS), AND THEIR RESPECTIVE, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, SERVICES PROVIDERS, SUCCESSORS, ASSIGNS, AND OTHERS ACTING IN CONCERT WITH ANY OF THE FOREGOING, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SITES OR CONTENT, INFORMATION, MATERIALS, PRODUCTS, SERVICES OR ACTIVITIES ON OR THROUGH THE SITES SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY YOU TO SHELFGENIE, IF ANY, FOR ANY PRODUCTS OR SERVICES PURCHASED BY YOU FROM THIS SITE. PRESENTLY, SHELFGENIE DOES NOT SELL OR OFFER FOR SALE ANY PRODUCTS OR SERVICES FROM THE SITES.
WITHOUT LIMITING THE FOREGOING, IF YOU ARE A USER WHO HAS NOT MADE A PURCHASE WITH US PREVIOUSLY FROM THIS SITE, AND ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND TERMINATE YOUR DEALINGS WITH SHELFGENIE.
THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THESE TERMS AND THE SITE. ABSENT SUCH LIMITATIONS, SHELFGENIE WOULD NOT PROVIDE YOU WITH THE SITE OR ACTIVITIES IN CONNECTION WITH THE SITE.
Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
- Notice Required by California Law
Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:
The name, address and telephone number of the provider of this service is ShelfGenie Franchise Systems, LLC, 5500 Interstate North Pkwy, Suite 250, Atlanta, GA 30328, 678-915-0908. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to firstname.lastname@example.org.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.
- Governing Law and Disputes
These Terms shall be governed by, and will be construed in accordance with, the laws of the State of Georgia, U.S.A., without regard to choice of law principles. You irrevocably agree that the federal and state courts located in or for Atlanta, Georgia, U.S.A., are the sole and exclusive forum and venue for any dispute, as the most convenient and appropriate to address any disputes, and you agree to submit to the jurisdiction and venue of such courts. All disputes arising out of, relating to or connected with these Terms, or the Activities described through the Sites, will be exclusively resolved under confidential binding arbitration held in Fulton County, Georgia before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Georgia law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. Any action to enforce an arbitrator's award will be brought in a federal or state court located in Fulton County, Georgia. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Georgia State courts in Fulton County. Notwithstanding anything to the contrary this Section, ShelfGenie may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.
You agree that to the fullest extent permitted by law: (1) no claims by you shall be joined with any other and you agree not to participate in any claim brought by others; (2) YOU HAVE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE LITIGATED OR ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (3) the Sites shall each be deemed to be passive websites that do not give rise to personal jurisdiction over ShelfGenie, either specific or general, in jurisdictions other than Georgia; and (4) you have no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The Sites are controlled within the state of Georgia, U.S.A., and directed to individuals residing in the United States. Those who choose to access the Sites from locations outside the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent applicable. ShelfGenie does not represent that the Sites or Content are appropriate outside the United States. Access to this Site from jurisdictions or territories where the Contents of this Site are illegal or penalized is prohibited. ShelfGenie has no obligation to provide access to the Sites or Activities and reserves the right to limit the availability of the Sites to any person, geographic area or jurisdiction at any time in its sole discretion.
- Force Majeure
ShelfGenie shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, severe weather conditions, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of or interruption in common carriers (including without limitation Internet service providers and web hosting providers) or utilities, or shortages of transportation facilities, fuel, energy, labor or materials.
These Terms set forth the entire understanding and agreement between you and ShelfGenie with respect to the subject matter hereof. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. ShelfGenie’s failure to act with respect to any failure by you or others to comply with these Terms does not waive its right to act with respect to subsequent or similar failures. You may not assign or transfer these Terms or your rights or obligations under these Terms without the prior written consent of ShelfGenie, and any assignment or transfer in violation of this provision shall be null and void. ShelfGenie may assign, transfer, sublicense or delegate our rights or obligations under these Terms either in whole or in part, at any time, at our sole discretion, and without your consent. There are no third party beneficiaries to these Terms. No joint venture, partnership, shareholder, employment or agency relationship exists between ShelfGenie and you as a result of agreeing to these Terms or your use of the Sites or Activities. YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITES OR ACTIVITIES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Please direct any questions you may have about these Terms, technical questions or problems with the disclosure of any Sites, or comments or suggestions to ShelfGenie at email@example.com.