PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE AND ANY SERVICES PROVIDED BY US, 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 AND CONDITIONS, DO NOT USE THIS WEB SITE.
These terms and conditions of use (“Site Terms”) apply solely to your access and use of the Web site of SOAWeb LLC (“SOA”) located at http://www.shrineofapple.com (the “Site”). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with SOA for the Services (as defined below). If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify you and SOA for violations of these Site Terms.
SOA reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended Site Terms, you must stop using the Site. If you have any question regarding the use of the Site, please email us at firstname.lastname@example.org.
Third Party Content
SOA provides third party content on the Site and provides links to Web pages and content of third parties (collectively the “Third Party Content”). Notwithstanding any terms to the contrary in these Site Terms or otherwise on the Site: (i) SOA does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content including, but not limited to, regarding its accuracy or completeness; and (ii) you acknowledge and agree that SOA is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. You acknowledge and agree that you use such Third Party Content contained on the Site (or made available via the Site) at your own risk.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray SOA or any of the Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of SOA or any third party.
SOA makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site or Web sites linking to the Site. Such sites are not under the control of SOA and SOA is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. SOA provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by SOA of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Advertisements and Promotions; Third Party Products and Services
SOA may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Your business dealings or correspondence with or participation in promotions of such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. SOA is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-SOA advertisers or third party information on the Site.
Copyright and Limited License
All content and graphics on the SAO site are protected by U.S. copyright, international copyright, and international treaties and may not be copied or duplicated without the electronic or written permission of SOA, and the author thereof, who reserves all rights. Duplication or reuse of any portion of SOA, including but not limited to, text, source code, software, color scheme, look-and-feel, pictures, photographs, graphics, or video clips on other websites, software, or any other electronic media for any purpose is strictly prohibited, although links from other sites and software are welcomed, and appreciated. Pages of SOA may be printed for informational, educational, and noncommercial uses, provided that the content and graphics are not modified in any way, and no attempt is made to print or duplicate SOA in its entirety, a category, or a substantial portion thereof. Any portion of the Site viewed, printed, or transmitted must be unedited, and as such, include the site name, logo, author name, look-and-feel, and copyright notice. You may not modify, retransmit, host elsewhere, publish, display, participate in the transfer or sale of, further copy, create derivative works, embed or include in software, distribute for download or on media, or in any way exploit, any of the content, in whole or in part. SOA reserves the right to revoke the privilege of using this website at any time, and any such use shall be discontinued immediately upon electronic or written notice.
You agree, at your sole expense, to defend, indemnify and hold SOA, its independent contractors, activity providers, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your use of the Site, the Site Materials and/or the Services; (ii) your conduct; (iii) your violation of these Site Terms or your violation of the rights of any third party; or (iv) any Messages.
UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, THE MESSAGES, THE SITE, THE SITE MATERIALS, THE THIRD PARTY CONTENT, ANY HYPERLINKS, THE SERVICES AND ANY OTHER SERVICES AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR THE SERVICES (COLLECTIVELY, THE “SERVICES/CONTENT” ) ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT ANY SERVICES/CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF ANY SERVICES/CONTENT. UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO ANY SERVICES/CONTENT WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE INCLUDING (BUT NOT LIMITED TO): (I) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (II) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT SOA KNEW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. SOA DOES NOT REPRESENT OR WARRANT THAT THE SERVICES/CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. SOA IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO ANY SERVICES/CONTENT. WHILE SOA ATTEMPTS TO MAKE YOUR ACCESS AND USE OF ANY SERVICES/CONTENT SAFE, SOA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ANY SERVICES/CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
SOA reserves the right to change any and all content contained in the Site and the Services at any time without notice. Reference to any services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by SOA.
Limitation of Liability
IN NO EVENT WILL SOA BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH ANY SERVICES/CONTENT, YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USERS (including, BUT NOT LIMITED TO, BODILY INJURY, EMOTIONAL DISTRESS, ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS WITH OTHER USERS AND/OR ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM SOA, VIA THE SITE OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR UNAUTHORIZED ACCESS TO SOA’S RECORDS, PROGRAMS OR SERVICES), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH ANY SERVICES/CONTENT, YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USERS (INCLUDING, BUT NOT LIMITED TO, BODILY INJURY, EMOTIONAL DISTRESS, ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS WITH OTHER USERS AND/OR ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM SOA, VIA THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR UNAUTHORIZED ACCESS TO SOA’S RECORDS, PROGRAMS OR SERVICES) EXCEED THE AGGREGATE OF THE NET AMOUNTS RECEIVED BY US FROM YOU.
Applicable Law and Venue
These Site Terms and your use of the Site will be governed by and construed in accordance with the laws of the State of Georgia, applicable to agreements made and to be entirely performed within the State of Georgia, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms will be filed only in the state and federal courts located in Fulton County, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
Notwithstanding any of these Site Terms, SOA reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your future access to and use of the Site.
If any provision of these Site Terms is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Site Terms and will not affect the validity and enforceability of any remaining provisions.