Shetland & Co.’s ~ Terms and Conditions of Use
Agreement between user and www.shetlandandco.com
Welcome to www.shetlandandco.com. The www.shetlandandco.com website (the "Site") is comprised of various web pages operated by Shetland Investments, LLC dba Shetland and Co. ("Shetland and Co."). www.shetlandandco.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.shetlandandco.com constitutes your agreement to all such Terms. IF YOU DO NOT AGREE TO ALL TERMS, DO NOT USE THE SITE.
Shetland and Co. reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the site after the posting of changes indicates your acceptance and agreement to the changes. As long as you adhere to the Terms, Shetland and Co. grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the site. Please read these terms carefully, and keep a copy of them for your reference.
www.shetlandandco.com is an E-commerce Site providing unique products to real estate professionals only for use as closing, perennial and other gifts.
Shetland and Co. wants the realtor and the realtor's client to be happy with the quality of any Shetland gift. Shetland will gladly refund to the original method of payment to the realtor for any defects in the product. Should the client receive a gift which is defective, we are happy to exchange that gift to the client for another gift in the same price range. This product guarantee will be stated clearly in writing in a note which accompanies the client gift.
Visiting www.shetlandandco.com or sending emails to Shetland and Co. constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Shetland and Co. is not responsible for third party access to your account that results from theft or misappropriation of your account. Shetland and Co. and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Shetland and Co. does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.shetlandandco.com only with permission of a parent or guardian.
Links to third party Sites/Third party services
www.shetlandandco.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Shetland and Co. and Shetland and Co. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Shetland and Co. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Shetland and Co. of the site or any association with its operators.
Certain services made available via www.shetlandandco.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.shetlandandco.com domain, you hereby acknowledge and consent that Shetland and Co. may share such information and data with any third party with whom Shetland and Co. has a contractual relationship to provide the requested product, service or functionality on behalf of www.shetlandandco.com users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Shetland and Co. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Shetland and Co. content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.
You will not scan or test the vulnerability of the site or breach the security or authentication measures of the Site. You may not reverse look-up, trace or otherwise seek any information on any other user or visitor of the Site. You may not attempt to gain access to any unauthorized portion or feature of the Site, or any systems or networks connected to the Site or its servers or any hacking, mining or other illegitimate uses of the Site.
You may not take any action that imposes an unreasonable or disproportionate load on the infrastructure of the Site, systems or networks. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the site or its systems and networks.
You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Shetland and Co. and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Shetland and Co. or our licensors except as expressly authorized by these Terms.
You agree to indemnify, defend and hold harmless Shetland and Co., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Shetland and Co. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Shetland and Co. in asserting any available defenses. You agree that if Shetland & Co. does take any action against you as a result of your violation of these Terms, Shetland and Co. will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to all other releif granted to Shetland and Co. You agree that Shetland Co. will not be liable to you or to any third party for termination of your access to the Site as a result of your violation of the Terms.
You further agree that Shetland and Co. may, in its sole discretion and without prior notice, terminate tour access to the Site, for cause, which includes (but is not limited to): (1) requests by law enforcement or other governmental agencies, (2) request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, and (4) unexpected technical issues or problems.
Liability disclaimer and limitation of damages
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SHETLAND INVESTMENTS, LLC DBA SHETLAND AND CO. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SHETLAND INVESTMENTS, LLC DBA SHETLAND AND CO. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND EXCEPT FOR ANY WARRANTY BY THE MANUFACTURER OR SUPPLIER. SHETLAND INVESTMENTS, LLC DBA SHETLAND AND CO. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, SHETLAND AND CO. IS FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, SHETLAND AND CO.'S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (1) THE TOTAL PURCHASE PRICE, INCLUDING SHIPPING, OF ANY PROUCT OR SERIVCE PURCHASED ON THE SITE OR (2) $100.00 USD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT BE APPLICABLE TO YOU.
The above disclaimer and limitation of liability applies to any damages, liability or injuries caused by failure or performance, error, omission, interruption, deletion, defect, delay, computer virus, communication failure, theft, unauthorized use or access to, whether for breach of contract, tort or negligence or any other cause of action.
Shetland and Co. reserves the right, in its sole discretion, to terminate your or any other parties access to the Site and the related services or any portion thereof at any time, without notice.
Miscellaneous Terms and conditions
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Shetland and Co. as a result of this agreement or use of the Site.
Shetland and Co.'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Shetland and Co.'s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Shetland and Co. with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Shetland and Co. with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Shetland and Co. with respect to the Site.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
You are advised that additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the site, including contests or promotions, all of which are made part of these Terms by reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use, participate or purchase such products or services.
If there is a conflict between these Terms and the terms for a specific product or feature, the more specific terms shall control with respect to your use of the product or feature.
Shetland and Co. may make changes to any products or services offered on the Site, or to the applicable prices for any such product or services, at any time, without notice.
Shetland and Co. reserves the right, in its sole discretion, to change the Terms under which www.shetlandandco.com is offered. The most current version of the Terms will supersede all previous versions. Shetland and Co. encourages you to periodically review the Terms to stay informed of our updates.
These Terms constitute the entire agreement between you and Shetland and Co. with regard to your use of the Site and supersede all other oral and written agreements.
Shetland and Co.'s failure to insist or enforce strict performance of these Terms shall not be construed as a waiver by it of any provision or other right it has to enforce these Terms, nor shall any course of conduct between Shetland and Co. and you or any other party be deemed a modification of any provision of these Terms.
Shetland & Co. welcomes your questions or comments regarding the Terms and Conditions of Use:
Shetland & Co. (dba)
144 Main Street
Essex, MA 01929
Shetland Investments, LLC dba Shetland & Co.
10107 McAllister Frwy.
San Antonio, Texas 78216
Email Address: email@example.com
Telephone number: (855) 854-0472
Effective October 1, 2013