NewONEShaker maintains this site (the “Site”) for your personal information, education, entertainment, communication, and the purchasing of any products. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost, or use the contents of the Site including the text, images, audio, and video for public or commercial purposes without NewONEShaker’s written permission. Your access to and use of the Site is also subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreements between you and NewONEShaker are superseded and of no force or effect.
Terms, Conditions, Disclaimer
1. Everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site, without the written permission of NewONEShaker. NewONEShaker neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with NewONEShaker.
2. While NewONEShaker uses reasonable efforts to include accurate and up to date information in the Site, NewONEShaker makes no warranties or representations that the information contained in the Site is accurate, complete, reliable, current, or error-free. NewONEShaker assumes no liability or responsibility for any errors or omissions in the content of the Site.
3. Your use of and browsing in the Site are at your risk. Neither NewONEShaker nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED BY NewONEShaker TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. NewONEShaker MAKES NO REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NewONEShaker DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
4. NewONEShaker does not warrant that this Site, its servers, or e-mail sent from NewONEShaker are free of viruses or other harmful components. NewONEShaker assumes to responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to or use of this Site or your downloading of any materials, data, text, images, video, or audio from this Site.
5. Images of people or places displayed on the Site are either the property of, or used with permission by NewONEShaker. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
6. Trademarks, logos and service marks (collectively the “Trademarks”) displayed on the Site, including NewONEShaker are registered and unregistered Trademarks of NewONEShaker and others. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on this Site without the written permission of NewONEShaker or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that NewONEShaker will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
7. NewONEShaker has not reviewed all of the sites linked to the Site and is not responsible for the content of any offsite pages, or any other sites linked to the Site. Your linking to any other offsite pages or other sites is at your own risk.
8. Software from this Site is subject to the United States’ export controls which 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 certain foreign nationals. No software from the Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) on the United States Treasury Department’s list of specially designated nationals or the U.S. Commerce Department’s Table of Deny Orders. User agrees to abide by the United States’ export control laws and their regulations, including but not limited to, the Export Administration Act and the Arms Export Control Act. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
9. This Site is created and controlled by NewONEShaker in the State of Ohio. As such, the laws of the State of Ohio will govern these disclaimers and Terms and Conditions, without giving affect to any principals of conflicts of laws. NewONEShaker reserves the right to make changes to its Site in these disclaimers and Terms and Conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Ohio and of the United States of America located in the State of Ohio for any litigation arising out of or relating to the use of or purchase made through NewONEShaker. In addition, user waives any objection to venue of any such litigation in Ohio courts and agrees not to plead or claim in any Ohio court that any such litigation brought therein has been brought in an inconvenient forum.
10. The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability, without in any manner effecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
11. NewONEShaker may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions to which you are bound. By utilizing the Site, you acknowledge that these Terms and Conditions represent the entire understanding between you and NewONEShaker regarding your relationship and supersede any prior statements or representations.