Shugo SITE TERMS OF USE

Shugo SITE TERMS OF USE

Thank you for visiting shug0.com website (the “Site”). The Site is owned by Shugo LLC. (“We” and “Us”). We want each visitor to the Site (“You”) (i.e., any natural person acting on the Site with purposes having no relationship to his/her commercial or professional activity) to have a beneficial visit, so we have created the following Terms of Use so that You know what to expect.

The following Terms of Use, together with any documents they incorporate, govern Your access to and use of the Site, including any content contained on the Site. By accessing, browsing and/or using the Site, you acknowledge that you have read, understood, and hereby agree to be bound by the Privacy Policy, the Terms of Sale, and the Terms of Use set forth herein, and to comply with applicable laws and regulations regarding the use of this Site. These Terms of Use are applicable to any use of the Site and to any agreements and/or finalized purchases conducted between You and Us through the Site. By use of the Site, You agree to comply and accept all of its policies and disclaimers. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THE PRIVACY POLICY, OR THE TERMS OF SALE, YOU CANNOT USE THIS SITE AND/OR PURCHASE ANY PRODUCTS THROUGH THIS SITE. The right to use the Site is personal to You and is not transferable to any other person or entity.

We may make periodic changes to the Site, these Terms of Use, and/or the policies and conditions that govern the use of the Site at any time. You are encouraged to review the Site and the Terms of Use periodically for any revisions or modifications. Your continued access and/or use of the Site shall be deemed to be Your acceptance of these changes to the Terms of Use.

PERSONS UNDER THE AGE OF 13

Our Site is not intended for anyone under the age of 13. No one under age 13 may provide any information to or on the Site. We do not knowingly collect personal information from children under 13. As set forth in the Privacy Policy, if we learn that we have collected or received personal information from anyone under the age of 13, we will delete that information.

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes.

YOUR CONDUCT

Any conduct by You that, in our sole discretion, prevents or inhibits any other user from utilizing the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, foreign or international law.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Site unless You first obtain our express written consent to do so. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site. You also agree not to delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.

In addition, You agree not to: (i) use the Site for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (ii) send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use; (iii) transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or other similar solicitation; (iv) impersonate or attempt to impersonate Us, Marcus Stroman, or any of Our employees, another user, or any other person or entity (including, without limitation, by using email addresses or other identifying information associated with any of the foregoing); (v) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by Us, may harm Us or users of the Site, or expose Us or them to liability; (vi) use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site; (vii) use any robot, spider, bot, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (vii) use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent; (viii) use any device, software, or routine that interferes with the proper working of the Site; (ix) introduce any viruses, malware, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (x) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site; (xi) attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or (xii) otherwise attempt to interfere with the proper working of the Site.

TRADEMARKS & INTELLECTUAL PROPERTY

The “Shugo®” trademark and any and all other graphics, logos, and service names used on the Site by Us are the trademarks of Marcus Stroman, Shugo or companies and affiliates which he owns. All other logos, descriptions and marks on this Site are the property of their respective owners. None of the trademarks on the Site may be used in connection with any third-party products or services or in any manner that disparages or discredits any of the trademarks or any other person or entity. Nothing on this Site shall be construed as providing a license or any other right to use such trademarks without the express written permission of the trademark owner.

This Site contains or may contain material which is owned by or licensed to Us. This material includes, but is not limited to graphics, images, video, audio, as well as the design, layout, look, and appearance thereof. The information and material provided on this Site, as well as material and information that you access through links provided in this Site is protected by law including, but not limited to, copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Visitors who choose to access this Site and other sites through links provided in this Site are responsible for compliance with such copyright laws as well as all other applicable laws.

You may also not infringe on any of the intellectual property rights associated with the manufacture, design, branding and packaging of any products advertised on the Site nor introduce any modifications to the products supplied by Us unless the nature of the delivered product dictates otherwise. Additionally, use of the Site does not constitute a license to use or alter in any way, any of the trademarks owned by Us or our licensors. All content, designs, text, graphics, software compilations, underlying source codes, and other graphic arrangements together with the compilation (meaning the collection, arrangement and assembly) of all content on the Site are the copyright and property of Us or our licensors, where applicable.

Permission is granted to users to download and print one copy of the Site for their own personal, non-commercial, use while utilizing the Site to make a purchase. Any other use of the Site including the unauthorized reproduction, modification, distribution, transmission, republication, display or performance of the content of the Site without prior written consent from Us is strictly prohibited. You may also not create and/or publish your own database that features substantial parts of the Site without Our prior written approval.

EXPORT

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations – including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any content on or derived from the Site to either a foreign national or a foreign destination in violation of such laws.

PRODUCTS, CONTENT AND SPECIFICATIONS
All features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain measurements and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of the products, including but not limited to, sizing, colors, etc. However, the actual color you see will depend on your computer system or mobile device and configuration, and We cannot guarantee that your display will accurately display such colors. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time without notice.

It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) regarding the purchase, possession, use and sale of any product or service purchased from the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. This Site, its content, product information, and any products sold through the Site are intended to comply with applicable United States laws and regulations. If you are a non-US based user, be advised that other countries may have laws, regulatory requirements, and product safety requirements that are different than those in the United States.

We reserve the right, but are not obligated, to limit the sales of our products or services for any reason, at its own discretion. We also may require verification of information prior to the acceptance and/or shipment of any order.

This Site sells products to end consumers only. You shall not use the Site to purchase products for re-sale or export. We reserve the right to immediately bar access to this Site and terminate the account of any user who violates this provision.

OUR RIGHTS

We may elect to electronically monitor areas of the Site and may disclose any content, records, or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or, (iii) to protect our rights or property or the rights of the users. We are not responsible for screening, policing, editing, or monitoring such content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, in our sole discretion, We may investigate the allegation and determine whether to remove or request the removal of such content from the Site.

TERMINATION

We may terminate your access or suspend your access to all or part of the Site, without notice in our sole discretion and without prior notice, for any conduct that We believe is in violation of any applicable law or is harmful to the interests of another user, a third-party or Us.

If you no longer agree to be bound by the Terms of Use, You must cease your use of the Site. You acknowledge and agree that We may immediately deactivate, suspend or terminate Your account and all related information and files in your account and prevent any additional access to such files or the Site. Further, You agree that We shall not be liable to you or any third-party for any termination of your access to the Site.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

When the Site requires or provides you with the option to open an account, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You also will choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately in writing of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

PRODUCT REVIEWS

The Site may permit customers to post product reviews on or through the Site (“Product Reviews”). Your Product Reviews must not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable or would otherwise violate the legal rights (including the rights of publicity and privacy) of others. Product Reviews that you post to the Site will be considered non-confidential and non-proprietary. By providing any Product Reviews on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You understand and acknowledge that you are responsible for any statements made in your Product Reviews and that you, not US, shall have and bear full responsibility and liability for such content, including its legality, reliability, accuracy, and appropriateness. You are prohibited from leaving false, inauthentic, automated, or pre-packaged or bot-generated reviews.

ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS

Any and all purchases of the goods and/or services through the Site are subject to our Terms of Sale, which are hereby incorporated into these Terms of Use.

APPLICABLE LAW

We make no representation of any kind that the content in the Site is appropriate or available for use where its content is illegal or prohibited. Those who choose to access the Site do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the content in violation of U.S. export laws and regulations. Any claim relating to the Site, the services provided through the Site [NTD: what services will be provided through the Site?] or the content available on the Site (a “Claim”) shall be governed by the federal and state laws of the State of New York applicable therein, without reference to any choice of law provisions. You hereby irrevocably consent to the exclusive personal jurisdiction and venue of courts in the County of New York in the State of New York, United States of America, and You irrevocably agree that any and all Claims may be heard in such court. You expressly waive any claim of improper venue and any claim that such court is an inconvenient forum. You agree that a final judgment in any such action or proceeding shall be conclusive and will be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

LINKS TO THIRD-PARTY WEBSITES

We may provide links to third-party web sites as a convenience to Users. We do not control third-party web sites and are not responsible for the contents of any linked-to, third-party web sites or any hyperlink in a linked-to web site. We do not endorse, recommend, or approve any third-party web site hyperlinked from the Web Site. We will have no liability to any person or entity for the content or use of the content available through such link or for the result of executing any such link.

NOTICE AND TAKE DOWN PROCEDURES AND COPYRIGHT AGENT

If You believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting Us in writing and providing the following information:

Identification of the copyrighted work that You believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material
Your name, address, telephone number and (if available) e-mail address.
A written statement that You have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A written statement that the information that You have supplied is accurate, and indicating that "under penalty of perjury," You are the copyright owner or are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.

Our agent for notice of claims of copyright infringement can be reached as follows:
By Mail:

Shugo, LLC

PO Box 4189

Lantana, FL 33465-4189

By Email:

[email address] meghan@whelan-co.com unless you prefer someone else

NO REPRESENTATIONS OR WARRANTIES; LIMITATIONS ON LIABILITY

You understand that we cannot and do not guarantee or warrant that information or content available for downloading from the internet or that the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, MALWARE, MALICIOUS CODE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL OR CONTENT POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

The information and materials on the Site could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein. YOUR USE OF THE SITE, ITS CONTENT AND ANY FUNCTIONALITY AVAILABLE THROUGH THE SITE IS AT YOUR OWN RISK. NEITHER WE, NOR ANY PARTY AFFILIATED WITH US, MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY USE OF THE SITE, ITS FUNCTIONALITY OR INFORMATION, MATERIALS OR GRAPHICS ON THE SITE, ALL OF WHICH IS PROVIDED ON A STRICTLY “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES WITH REGARD TO ANY USE OF THE SITE, INFORMATION, MATERIALS OR GRAPHICS ON THE SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY FUNCTIONALITY AVAILABLE THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND OUR AND THEIR RESPECTIVE PRINCIPALS, OWNERS, MEMBERS, SHAREHOLDERS, PARTNERS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS, BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, TREBLE, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER ARISING OUT OF (1) YOUR CONDUCT IN CONNECTION WITH USE OF THE SITE, THE SERVICES OFFERED THEREON OR THESE TERMS OF USE (2) INABILITY TO USE THE SITE OR THE SERVICES OFFERED THEREON, THE SITE CONTENT OR ANY OTHER CONTENT, (3) ANY TRANSACTION OR PURCHASE CONDUCTED THROUGH OR FACILITATED BY THE SITE; (4) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICES, THE SITE CONTENT AND/OR ANY OTHER CONTENT, (5) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION, OR DATA, OR (6) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICES OFFERED THEREON OR ANY OTHER CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICES, SITE CONTENT OR ANY OTHER CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES THE SITE’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).

WE DO NOT WARRANT: (1) THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (2) THAT DEFECTS IN THE SITE WILL BE CORRECTED; (3) THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT, THIRD PARTY CONTENT, OR ANY OTHER CONTENT; OR (4) THAT ANY ERRORS IN THE SITE CONTENT, THIRD PARTY CONTENT OR OTHER CONTENT WILL BE CORRECTED. THE SITE, THE SERVICES OFFERED THEREON, AND THE SITE CONTENT AND OTHER CONTENT ARE PROVIDED ON AN “AS IS”, “WHERE IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

CHANGES TO THESE TERMS OF USE

We reserve the right to change these Terms of Use at any time in our sole discretion by posting new Terms of Use at this location. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to any such changed Terms of Use. You are expected to check this page each time you access this Site so that you are aware of any changes, as they are binding on you. You can send any inquiries relating to these Terms of Use by U.S. Mail to: PO Box 4189, Lantana, FL 33465-4189

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless US, our affiliates, licensors, and service providers, and our and their respective principals, owners, members, shareholders, partners, officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, suits, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees, experts’ fees and costs of suit) arising out of or relating to your violation of these Terms of Use, our Privacy Policy, or our Terms of Sale, or your use of the Site, any use of the Site’s content and functionalities, and your use of any information obtained from the Site, or any negligence or willful misconduct by You.

WAIVER AND SEVERABILITY

No waiver by Us of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

This Site will work without a mouse and with screen readers to assist those with disabilities.

COMPLETE AGREEMENT

These Terms of Use [including the Privacy Policy and the Terms of Sales] constitute the entire agreement between you and us with respect to your use (and prior use) of the Site.