Terms of Use
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
We maintain this website (“Site”) as a service to our customers, and by using our Site you are agreeing to comply with and be bound by the following terms of use. Please review the following terms and conditions carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain information, goods, services or products from this site.
PLEASE NOTE: YOU MUST BE 13 YEARS OLD OR OLDER AND A U.S. RESIDENT IN ORDER TO PARTICIPATE ON OUR SITE.
Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms and Conditions of Use Agreement ("Agreement") with respect to our Site. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. We may amend this Agreement at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
Copyright.
The contents (including the organization, graphics, design, compilation, magnetic translation, documents, digital conversion and other matters related to the Site, collectively referred to as the “Contents”) are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section D, is strictly prohibited. You do not acquire ownership rights to the Contents you view through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
Fraud.
By using the Site, you confirm that the information you provide on the Site is true and accurate and that you agree to abide by the Terms of Use of this Site. You shall not use the Site for any purpose that is unlawful or prohibited by the Terms of Use. You shall not use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site through hacking, password mining or any other means. We reserve the right, in our sole discretion, to terminate access to the Site, or any portion thereof, at any time, for any reason or for no reason at all, without notice.
Limited Right to Use.
The viewing, printing or downloading of any Content from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any Content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You may not, without our permission, “mirror” any content or material contained in the Site or any other server.
Editing, Deleting and Modification.
We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
Indemnification.
You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site. You agree to indemnify and hold Affiliated Parties, and each of their respective agents, affiliates, parent and subsidiary companies, partners, licensors, contractors, unaffiliated third parties, and all of its and their respective officers, directors, owners and employees harmless from and against any claim, demand, loss, damage, cost, liability and expense, including reasonable attorneys’ fees, resulting from or arising out of your: (a) access to or use of the Site; (b) violation of the Terms of Use or any law or regulation; or (c) violation of any rights of another party.
Nontransferable.
Your right to use the Site is not transferable. Any password or right given to you to obtain Content, information or documents is not transferable and may only be used by you.
Disclaimer.
THE CONTENT AND ANY OTHER INFORMATION FORM OR THROUGH THE SITE IS PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO DISCLAIMING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY CONTENT OR ANY OTHER INFORMATION ON THIS SITE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE CONTENT WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limits.
All responsibility or liability for any damages caused by viruses contained within any electronic file, form, Content, or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the lesser of either i) the purchase price you pay for any goods, services or information or ii) $100.
Use of Information.
We reserve the right, and you authorize us, to the use and assignment of all information regarding the Site’s uses by you and all information provided by you in any manner consistent with our Privacy Policy.
The Site may provide links to other websites or resources. You acknowledge and agree that we do not endorse and are not responsible for any content, advertising, products, services or other materials on or available through such websites or resources. These websites are subject to their own respective terms of use and privacy policies.
Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part of this Agreement.
Securities Laws.
This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein do not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
Links to Other Web Sites.
The Site may contain links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
Submissions.
All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to you.
- 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 Content or Submission that you believe to be infringing and its location. Please describe the Content or Submission and provide us with its URL or any other pertinent information that will allow us to locate the Content or Submission.
- Your name, address, telephone number, and (if available) email address.
- A statement that you have a good faith belief that the complained-of use is not authorized by the copyright owner, its agent, or the law.
- A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Our address for copyright issues relating to this Site is as follows:
Sanctus, LLC / Shift Digital
Attn: Legal – Site Copyright Infringement Claim
348 E. Maple Road
Birmingham, MI 48009
Venue; Applicable Law.
YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY INFORMATION OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF OAKLAND COUNTY, MICHIGAN, OR THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT SOUTHFIELD, MICHIGAN OR THE EASTERN DISTRICT OF MICHIGAN IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This Site is created and controlled by Sanctus, LLC d/b/a Shift Digital. As such, the laws of the State of Michigan will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.