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Introduction
You have accessed the website of Sellers Shield, LLC. For purposes of these Terms of Use, the “Site” includes the website of Sellers Shield. (www.sellersshield.com). Please read these Terms of Use carefully before using the Site. By accessing and browsing the Site, you agree to these Terms of Use with Sellers Shield. If you do not agree to all of these Terms of Use, please exit from this site immediately.
The Site is comprised of various documents and web pages created and maintained by Sellers Shield. While accessing and using the Site, you may be able to order services or pay bills on line or conduct other business with Sellers Shield through the Site (the “Services”). The Site and the Services are offered to you on the condition that you accept, without modification, the terms and conditions contained in this document. Your use of the Site and any Services constitutes your agreement to all such terms and conditions.
Sellers Shield may revise and update these Terms of Use at any time without notice. Please periodically review the Terms of Use posted at this website. Your continued use of the website will mean acceptance of those changes.
The terms “Sellers Shield” “Company” “we,” and “our” are used in this site for purposes of convenience and are intended to refer to Sellers Shield and/or its affiliates, subsidiaries or related parties either individually or collectively, as the context may require. These references are not intended to suggest that the various Sellers Shield companies referred to are not independent corporate entities having separate corporate identities and management.
Communication and Privacy
Sellers Shield owns the Site. If you have any questions about our website Terms of Use and Policies, you may contact us:
By Email: [email protected]
By Mail:
Sellers Shield
925 S. Capital of Texas Highway, Building B, Suite 110
Austin, TX 78746
We know that many visitors to our site are concerned about the information they may provide and how we may use that information. Our Privacy Statement governs the collection, use, retention and disclosure of information we gather from the Site, and is available on the Site.
No Solicitation
The information provided through the Site is intended solely for the general knowledge of visitors to the Site and does not constitute an offer or a solicitation of an offer for the purchase or sale of any shares or other securities of Sellers Shield. The information contained in this website does not constitute advice or an offer to sell or deal in any securities and must not be relied upon in connection with any investment decision.
Currency and Accuracy of Information
Although Sellers Shield makes reasonable efforts to ensure that the information provided through the Site is current and accurate, Sellers Shield makes no representations or warranties as to the accuracy, reliability, completeness or timeliness of such information. All information is provided “as is” without any representation, warranty or condition as to its accuracy or reliability.
Certain documents and other materials on the Site, including presentations and documents filed by Sellers Shield with regulatory authorities of selected jurisdictions and listed and/or linked to the Site, speak only as of the dates on which such documents and materials were filed or otherwise used by Sellers Shield. The contents of such documents or materials may become out-of-date, however, Sellers Shield makes no commitment and disclaims any duty to update those documents and materials.
Intellectual Property
The Site and its contents are protected by copyright, trademark and other proprietary rights of Sellers Shield or third parties. Sellers Shield names and logos, and all related product and service names, design marks and slogans are the trademarks or service marks of Sellers Shield. Except as expressly permitted herein, no portion of this website or its contents, including trademarks, logos and service marks, may be reproduced, displayed or used in any form, or by any means, without prior written permission from Sellers Shield or the applicable third party.
Sellers Shield hereby grants to you a non-exclusive and non-transferable license to view and print documents and web pages located on the Site for non-commercial or educational use within your organization only, subject to the following conditions:
The information and content on the Site shall not be used for any other purpose. The documents and web pages on the Site may not be reproduced, republished, retransmitted, sold, modified or exploited in any other way.
No other use of the information is authorized. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right including, without limitation, any patent, trademark, service mark or copyright of Sellers Shield or of any third party. Sellers Shield and/or any third party owner of such rights retain all such rights. Sellers Shield reserves the right to require you to delete, destroy or otherwise remove any content that is used in a manner that in Seller Shield’s sole opinion is contrary or otherwise inappropriate, derogatory or offensive.
You agree that any person to whom the content is provided directly or indirectly through you, will be advised of the terms of this Agreement, and that each such person is bound by these terms. You may in no way modify, reformulate, adapt, alter, adjust, change, disassemble, frame or decrypt any of the contents of the Site.
Use of the Site
You may use the Site for lawful purposes only. You are prohibited from use on the Site, or transmitting to or through the Site, any unlawful, threatening, obscene, defamatory, libelous, harassing, pornographic, hateful or ethnically, racially or otherwise objectionable material, or any material that would contribute to a civil or criminal offense, otherwise violates any law, or which infringes on any intellectual property right.
Any information submitted or communicated to Sellers Shield through use of the Site or Services that does not include personal information or data about you is non-confidential and non-proprietary and Sellers Shield may, without compensation to you, incorporate, distribute or otherwise use such information for any commercial or non-commercial purpose. Sellers Shield is under no obligation to use or post any such information and may remove any information it does post at any time in its sole discretion. Any personal information or data submitted to Sellers Shield through use of the Services or Site is governed by the terms of the Privacy Statement.
Sellers Shield may provide software for download or use on the Site. Any software provided on the Site is protected by copyright law and governed by the terms of the end user license agreement that accompanies such software. You may not install or use any software that is governed by an end user license agreement unless you first agree to the terms of the end user license agreement.
Disclaimer and Limitation of Liability
The Site contains general information and may contain errors, omissions and inaccuracies. The content on the site is for general informational purposes only, is not intended to be legal advice and should not be relied upon as a substitute for legal advice from an attorney. Sellers Shield assumes no liability or responsibility for any such errors, omissions or inaccuracies or any other limitation that may arise in relation to the Site. The Site content should not be relied upon for any personal, commercial or financial matters and you should consult an appropriate professional for advice based on your specific circumstances. Sellers Shield may make modifications and/or changes to the Site at any time without notice.
THE SITE, INTERACTIVE DISCLOSURE NOTICE, SMART SELLER TOOLS, AND OTHER TOOLS DESIGNED TO ASSIST A SELLER TO PROPERLY FILL OUT A DISCLOSURE NOTICE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW. SELLERS SHIELD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SELLERS SHIELD MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. SELLERS SHIELD SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD SELLERS SHIELD AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF SELLERS SHIELD HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF SELLERS SHIELD , IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
References and Links to Third Party Sites
The Site may refer to other individuals, companies, entities, organizations, products or services. Such references do not and shall not imply any endorsement or recommendation by Sellers Shield of such individuals, companies, entities or organizations or their products or services. The Site may contain links and other references (collectively the “Links”) to other websites. These Links are supplied to you merely as a convenience and the inclusion of any Link does not imply any approval or endorsement or recommendation of that third party or their related information, products or services or any link contained in a Linked site, or any changes or updates to a Linked site. Sellers Shield is providing these Links as a convenience, and the inclusion of any link does not imply endorsement by Sellers Shield of the site or any association with its operators.
Links to this Site may also be provided from other sites either known or unknown to Sellers Shield. Access to any other website linked to or from the Site is at your own risk. Sellers Shield has not reviewed and is not responsible for the content of any third party sites linked to or from the Site and does not make any representations regarding the content or accuracy of materials on such third party sites.
You accept all risks, losses and damages that result from your use of the forgoing referenced entities, products, services and Links.
Additional Terms
Sellers Shield may revise and update these Terms of Use at any time without notice. It is your obligation to review these Terms of Use from time to time to ensure that you agree with such terms, as modified. If you do not agree with such modified terms you are required to stop using the Site.
If any part of this agreement is found to be invalid or unenforceable by a court of competent jurisdiction pursuant to any applicable law, then such invalid or unenforceable term will be deemed struck from these Terms of Use. In any event, the remaining provisions in these Terms of Use shall continue in full force and effect.
No Attorney Client Relationship or Legal Review Provided.
Sellers Shield is not a law firm and does not give legal advice. However, Sellers Shield provides an online portal to give visitors information and access to an interactive disclosure, Smart Seller Tools and other related materials for completion of certain disclosure documents. The Sellers Shield interactive disclosure ensures that your answers are complete only, but at no time does Sellers Shield review disclosure answers for accuracy or for legal sufficiency. Sellers Shield, its Site and Applications and forms are not a substitute for the advice or services of an attorney. This Site and Applications are not intended to create any attorney-client relationship, and your use of Sellers Shield does not and will not create an attorney-client relationship between you and Sellers Shield. Should you have questions about the seller’s disclosure form or your legal obligations and potential liability regarding any issue related to disclosure or the condition of your property, you should consult an attorney.
Jurisdiction and Arbitration
Access to this website is governed by all applicable federal, state, provincial and local laws, and, in the case of users resident outside of Canada or the United States, you may also be subject to additional laws of the country where you reside. You are responsible for compliance with the laws of your jurisdiction and other applicable law.
Use of this website and the Terms of Use shall be governed and construed in accordance with the laws of the state of Texas, without regard to the choice of the law provisions thereof. You also agree that any disputes or claim relating to or arising out of or in connection with the use of the Site or the Terms of Use are to be settled by binding arbitration in Austin, Texas using the then current rules and procedures of and pursuant to the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), as modified by these Terms of Use, and will be administered by a private arbitrator located in Austin, Texas mutually agreed upon by the parties to the dispute, or if the parties cannot reach agreement, then by a private arbitrator selected by Sellers Shield. The arbitrator shall apply the law of the state of Texas without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. An award of arbitration may be confirmed in a court of competent jurisdiction.
Acceptance of Terms of Use
Sellers Shield maintains the Site to provide you with Services and information about Sellers Shield. By using the Site, you agree that you have read, understood and agree to be bound by these Terms of Use. If you do not agree to the Terms of Use, do not use the Site.
This agreement constitutes the entire understanding and agreement between you and Sellers Shield with respect to the Site and your use of same.
Last Amended: April 24, 2018
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