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is owned and operated by Aeron Technologies LLC (“SharePT™,”
“SharePT,” “we,” or “us”). SharePT™ provides a powerful
new way to discover and share content, ideas, jobs, products,
services and messages about stuff that matters to you. Among other
things, SharePT™ allows company Users to create referral and
retention programs in which the User’s build a team of associates
to make referrals and receive rewards.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
There shall be no cost to individual Users seeking to connect with companies.
Usage and Monthly Fees. Usage and monthly will be billed as specified in your purchase invoice. Except as provided below, monthly Services and certain other charges are billed one month in advance and there is no proration of such charges if Service is terminated on other than the last day of your billing cycle. You agree to pay for all services used with SharePT Service.
BANDWIDTH USAGE CHARGES. DATA TRANSPORT OR USAGE IS BILLED AT A MONTHLY RATE OF $4.95 PER GIGABYTE (“GB”) AFTER THE FIRST 20 GBs. DATA TRANSPORT OR USAGE IS CALCULATED IN FULL GB INCREMENTS, AND ACTUAL TRANSPORT OR USAGE IS ROUNDED UP TO THE NEXT FULL GB INCREMENT AT THE END OF EACH DATA SESSION FOR BILLING PURPOSES. WE CALCULATE A FULL KILOBYTE (“KB”) OF DATA TRANSPORT/USAGE FOR EVERY FRACTION OF THE LAST KB OF DATA TRANSPORT/USAGE USED ON EACH DATA SESSION. TRANSPORT OR USAGE IS BILLED BY THE GB. FOR BILLING PURPOSES, THE FULL KBs CALCULATED FOR EACH DATA SESSION DURING THE BILLING PERIOD ARE TOTALED AND ROUNDED UP TO NEXT FULL
MEGABYTE (“MB”) INCREMENT. THE MBs ARE THEN TOTALED AND ROUNDED UP TO THE NEXT FULL GB TO DETERMINE BILLING.
NETWORK OVERHEAD, SOFTWARE UPDATE REQUESTS, EMAIL NOTIFICATIONS, AND RESEND REQUESTS CAUSED BY NETWORK ERRORS CAN INCREASE MEASURED KILOBYTES. DATA TRANSPORT/USAGE OCCURS WHENEVER YOUR ACCOUNT ON THE PLATFORM IS CONNECTED TO A NETWORK AND IS ENGAGED IN ANY DATA TRANSMISSION, BELOW
Any unused allotment of the 20 Gigabytes provided with the SharePT™ Service from one billing cycle will not carry over to any other billing cycle. We will bill you in a format as set for the in the License and Bandwidth Agreement. Additional charges may apply for paper copies of your bill, late payment or returned checks, for detailed information about your usage of Services, etc.
Delayed Billing: Billing of usage for messages, data or other Services may occasionally be delayed. Such usage charges may appear in a later billing cycle and may result in additional charges for that month. You also remain responsible for paying your monthly Service fee if your Service is suspended for nonpayment. We may require payment by money order, cashier's check, or a similarly secure form of payment at our discretion.
Your content: SharePT may now or in the future allow you to post content on the Service, including comments, photos, videos, and other materials. Any content a User submits, posts, displays, or otherwise makes available on the Service, including all Intellectual Property Rights (defined below) therein, is referred to as “User Content.” You retain ownership of your User Content.
How SharePT and other Users can use your content: After posting your User Content on, through or in connection with the SharePT services, you continue to retain any such rights that you may have in your User Content, subject to the limited license granted herein. By posting any User Content on, through or in connection with the SharePT services, you hereby grant to SharePT a limited license to use, modify, delete from, add to, combine with other content, publicly display, reproduce, transmit, distribute, sell and otherwise exploit such User Content by all means and manners now or later known, including, without limitation, on, through or in connection with the SharePT services to third party applications; widgets; websites; or mobile, desktop or other services which are linked with your Account at your election (collectively, "Linked Services"), including, without limitation, distributing part or all of the SharePT services and any User Content included therein, in any media formats and through any media channels. User Content submitted by Users and authorized by the User to be distributed on Linked Services need not be maintained on the SharePT services by us for any period of time, and Users will not have the right, once submitted, to access, archive, maintain or otherwise use such User Content on the SharePT services or elsewhere. The license you grant is perpetual. Please be aware that any distribution of your User Content that may have occurred by you or other Users via Linked Services, or otherwise (e.g., posted on third party User's Profiles, sent by you to other Users, contributed to a mashup of User Content from multiple Users, etc.) may continue to be displayed, distributed and used. Further, deleted User Content may persist in archival copies on SharePT servers for a reasonable period of time. You understand and agree that once User Content is distributed to a Linked Service, or incorporated into other aspects of the SharePT services, SharePT is under no obligation to delete or ask other Users or a Linked Service to delete that User Content; therefore, it may continue to appear and be used indefinitely.
Non-Exclusive License. The license you grant to SharePT is non-exclusive (meaning you are free to license your User Content to anyone else in addition to SharePT), fully-paid and royalty-free (meaning that SharePT is not required to pay you or anyone else deriving rights from you for the use by SharePT of the User Content that you post), sublicensable (so that SharePT is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the SharePT services and, subject to good faith efforts to honor your Profile Settings, to third party search engines). You also hereby grant to SharePT, and agree to grant to SharePT, the unconditional, perpetual, irrevocable, sublicensable, fully-paid and royalty free right to use, share and exploit your name, logo, persona, and likeness, and your Profile information and information about your activities on the SharePT Services (including, without limitation, your activities in connection with our sponsors and advertisers), without any obligation or remuneration to you. However, from time to time we may offer you choices regarding how information about you is shared and we will make good faith efforts to honor your elections. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights that you may have in any User Content. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the rights granted hereunder. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section.
Definition of Intellectual Property Rights: For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Valuing other’s rights: Because we respect the rights of others, you agree that any User Content that you post does not and will not violate any law or infringe any rights of any third party, including without limitation any Intellectual Property Rights, publicity rights or rights of privacy. We reserve the right, but are not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates the Agreement.
How you interact with others on SharePT: SharePT takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You are solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that SharePT shall not be liable for any damages you allege to incur as a result of User Content.
Our license to you: Subject to the terms and conditions of this Agreement, SharePT provides you with a license to use the Service for your personal, noncommercial use only and as expressly permitted by the features of the Service. SharePT may terminate this license at any time for any reason or no reason.
SharePT Content: Except for User Content, all materials on the Service and the Service itself and all Intellectual Property Rights contained therein or related thereto, are the property of SharePT and/or its licensors (together "SharePT Content"). Except as expressly provided in this Agreement, you may not sell, license, modify, copy, or otherwise exploit the SharePT Content without our permission.
SharePT Code: Any code that SharePT creates to generate or display any SharePT Content or pages making up any SharePT site is also protected by SharePT’s copyright and you may not copy or adapt such code.
How to Use SharePT Content: SharePT may provide you with content for your profile, SharePT account, emails, social media, referral, recruitment and retention programs. Such content is in draft form and may be edited. You are solely responsible for reviewing such content and determining if it is accurate and appropriate for usage with the SharePT Service.
Feedback you provide: We love hearing from our Users, and are always interested in learning of ways we can make SharePT better. You may choose to or we may invite you to submit comments, ideas or feedback about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place SharePT under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, SharePT does not waive any rights to use similar or related Feedback previously known to SharePT, or developed by its employees, or obtained from sources other than you.
SharePT Age Restriction: Because we respect the rights of children and parents, you may use the SharePT Service only if you can form a binding contract with SharePT, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under the age of 13 is strictly prohibited and in violation of this Agreement. Because we respect the SharePT community, the Service is not available to any Users previously removed from the Service by SharePT.
SharePT Resume Database. If you use SharePT for job site, the job posting, resume database (“SharePT Resume Database”) and other features of the SharePT Sites may be used only by individuals seeking employment and/or career information and by employers seeking employees. In addition, SharePT networking and Personal Information may be used by individuals for permitted professional and personal networking purposes. Your use of the SharePT Services is also subject to any other contracts you may have with SharePT. In the case of any conflict between these Terms and any contract you have with SharePT, the terms of your contract will prevail. The term “post” as used herein shall mean information that you submit, publish or display on a SharePT Site.
Your responsibility for your account: You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify SharePT immediately of any breach of security or unauthorized use of your account. SharePT will not be liable for any losses caused by any unauthorized use of your account. When creating your account, you must provide accurate and complete information.
Changes to the Service: SharePT is constantly innovating and finding ways to provide our Users with new and innovative features and services. Therefore, we may, without prior notice, change the Service, add features, stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination of your use of the Service, you continue to be bound by this Agreement.
Your interactions with other Users: We think our Users are great. But keep in mind that you are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. SharePT will have no liability for your interactions with other Users, or for any User’s action or inaction. Please be good to one another.
SharePT Users Will Not. SharePT User agree not to do the following:
take any action that imposes an unreasonable or disproportionately large load on any SharePT Site's infrastructure;
use any device to navigate or search any SharePT Site other than the tools available on the Site, generally available third party web browsers, or other tools approved by SharePT;
use any data mining, robots or similar data gathering or extraction methods;
violate or attempt to violate the security of any SharePT Site including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
reverse engineer or decompile any parts of any SharePT Site;
aggregate, copy or duplicate in any manner any of the SharePT Content or information available from any SharePT Site, including expired job postings, other than as permitted by these Terms;
frame or link to any SharePT Content or information available from any SharePT Site, unless permitted by these Terms;
post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating media;
post any resume or Profile or apply for any job on behalf of another party;
defer any contact from an employer to any agent, agency, or other third party;
set more than one copy of the same resume to public at any one time;
share with a third party any login credentials to any SharePT Site;
access data not intended for You or logging into a server or account which You are not authorized to access;
post or submit to any SharePT Site any incomplete, false or inaccurate biographical information or information which is not Your own;
post content that contains restricted or password-only access pages, or hidden pages or images;
solicit passwords or personally identifiable information from other Users;
delete or alter any material posted by any other person or entity;
harass, incite harassment or advocate harassment of any group, company, or individual;
send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by You;
attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any SharePT Site, overloading, "flooding", "spamming", "mailbombing" or "crashing";
promote or endorse an illegal or unauthorized copy of another person's copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; or
use the SharePT Services for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by SharePT’s discretion.
Use of Our Service. Violations of system or network security may result in civil and/or criminal liability. SharePT will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
Companies and employers are solely responsible for their postings on SharePT Sites. SharePT is not to be considered to be an employer with respect to Your use of any SharePT Site and SharePT shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any SharePT Site or for any corporate product decisions.
Company users understand and acknowledge that if you cancel your company account or your company account is terminated, all your account information may be deleted from SharePT, including saved resumes, network contacts, email mailing lists, product comments, etc.
In order to protect our SharePT Users from commercial advertising or solicitation, SharePT reserves the right to restrict the number of e-mails which a company / employer User may send to a number which SharePT deems appropriate in its sole discretion. You shall use the SharePT in accordance with all applicable privacy and data protection laws.
Job postings. A job or product or company service posting may not contain:
any hyperlinks, other than those specifically authorized by SharePT;
misleading, unreadable, or "hidden" keywords, repeated keywords or keywords that are irrelevant to the job opportunity, product or service being presented, as determined in SharePT’s reasonable discretion;
the names, logos or trademarks of unaffiliated companies other than those of your customer save where expressly agreed by SharePT;
the names of cities, states, towns or countries that are unrelated to the posting;
more than one job or job description, more than one location, or more than one job category, unless the product so allows;
more than one product or product description unless the product so allows;
more than one service or service description unless the product so allows;
inaccurate, false, or misleading information; and
material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.
Limitations on Job, Product and Service Postings and Use of SharePT. You may not use Your SharePT job, product and/or service posting, networking, or profiles to:
post jobs, products or services in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
post jobs, products or services that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job;
with respect to profiles, determine a consumer's eligibility for: (i) credit or insurance for person, family, or household purposes; (ii) employment; or (iii) a government license of benefit;
post jobs, services, products or other advertisements for competitors of SharePT or post jobs, products, services or other content that contains links to any site competitive with SharePT;
post any franchise, pyramid scheme, "club membership", distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
post any business opportunity that requires an up-front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling;
promote any employment opportunity that does not represent bona fide employment which is generally indicated by the employer’s use of IRS forms W-2 or 1099;
advertise sexual services or seek employees for jobs of a sexual nature;
request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
post jobs located in countries subject to economic sanctions of the United States Government; and
except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii) age.
Reservation of Rights; Termination
SharePT reserves the right to remove any job posting or content from any SharePT Site, which in the reasonable exercise of SharePT’s discretion, does not comply with the above Terms, or if any content is posted that SharePT believes is not in the best interest of SharePT.
If at any time during your use of the SharePT Services, you made a misrepresentation of fact to SharePT or otherwise misled SharePT in regards to the nature of your business activities, SharePT will have grounds to terminate your use of the SharePT Services.
Use of SharePT Resume Database by Employers
If you use SharePT for employment recruiting, You shall use the SharePT Resume Database as provided in these Terms and in any contract you have with SharePT. You shall use the SharePT Resume Database in accordance with all applicable privacy and data protection laws, and you agree you shall not further disclose any of the data from SharePT Resume Database to any third party, unless you are an authorized recruitment agency, staffing agency, advertising or other agency or using the resume explicitly for employment purposes.
You shall take appropriate physical, technical, and administrative measures to protect the data you have obtained from SharePT Resume Database from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not share Resume Database license login credentials with any other party, nor share Resume Database pay-per-view license login credentials with any party.
SharePT Resume Database shall not be used:
for any purpose other than as an employer seeking employees, including but not limited to advertising promotions, products, or services to any resume holders;
to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted); or
to source candidates or to contact job seekers or resume holders in regards to career fairs and business opportunities prohibited by Section 3.
In order to ensure a safe and effective experience for all of our customers, SharePT reserves the right to limit the amount of data (including resume views) that may be accessed by you in any given time period. These limits may be amended in SharePT’s sole discretion from time to time.
When you register with any SharePT Site, You will be asked to create an account and provide SharePT with certain information including, without limitation, a valid email address ("Information").
Any profile you submit must be accurate and describe you, an individual person. The profile requires standard fields to be completed and you may not include in these fields any telephone numbers, street addresses, email addresses or other means of contacting you, other than your last name and URLs.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material placed by you on the SharePT Sites.
You understand and acknowledge that you have no ownership rights in your account and that if you cancel your SharePT account or your SharePT account is terminated, all your account information from SharePT may be deleted from SharePT's databases and from any public area of the SharePT Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through SharePT’s web servers. In addition, third parties may retain saved copies of your Information.
SharePT reserves the right to delete your account and all of your Information after a significant duration of inactivity.
SharePT reserves the right to continue to use any information contacts and data collected in our databases.
Security. SharePT cannot guarantee that unauthorized third parties will never be able to defeat our security measures. You acknowledge that you provide your information at your own risk.
Third-Parties and Links. SharePT Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by SharePT.
Your Responsibility. SharePT does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk and you expressly relieve SharePT from any and all liability arising from your use of any third-party website, service, or content.
SharePT’s DMCA policy and procedures: Since we respect artist and content owner rights, it is SharePT’s policy to respond to alleged infringement notices that fully comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify SharePT’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the Service;
Information reasonably sufficient to permit SharePT to contact you, such as your address, telephone number, and, e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
AERON TRUCKING LLC
176 Amity, Rd #133 Woodbridge, CT 06525
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying SharePT and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with SharePT’s rights and obligations under the DMCA, including 17 U.S.C. Â§512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, SharePT has adopted a policy of terminating, in appropriate circumstances, the accounts of Users who are deemed to be repeat infringers. SharePT may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
We make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. SharePT does not warrant that the Mobile Software will be compatible with your mobile device. SharePT hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one SharePT account on one mobile device owned or leased solely by you, for your personal use. You may not:
modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law;
rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party;
make any copies of the Mobile Software;
remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or
delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that SharePT may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.
The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and SharePT or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. SharePT reserves all rights not expressly granted under this Agreement. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies: Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Service. Standard carrier data charges may apply to your use of our Mobile Software.
Mobile Software from iTunes. The following applies to any Mobile Software you acquire from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and SharePT, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to SharePT as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to:
product liability claims;
any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and
claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to SharePT as provider of the software.
You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, SharePT, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and SharePT acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.
Access through Mobile Devices.
If you use the SharePT Sites through a mobile device, you agree that information about your use of the SharePT Sites through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of the SharePT Sites through a mobile device may cause data to be displayed on and through your mobile device. By accessing the SharePT Sites using a mobile device, you represent that to the extent you import any of your SharePT data to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your SharePT account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing the SharePT Sites through your mobile access provider. Therefore, you should check with your provider to find out if the SharePT Sites are available and the terms for these services for your specific mobile devices.
By using any downloadable application to enable your use of the SharePT Sites, You are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the Application provided at download or installation, or as may be updated from time to time.
You agree to defend, indemnify and hold harmless SharePT and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted by you; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim and/or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SHAREPT, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
SHAREPT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SHAREPT SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND SHAREPT WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATION OF LIABILITY:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SHAREPT, ITS AFFILIATES, AGENTS, MEMBERS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL SHAREPT BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHAREPT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL SHAREPT, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING ONE DOLLAR.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SHAREPT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from its facilities in the United States. SharePT makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
Assignment: This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SharePT without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Governing Law. You agree that: (i) the Service shall be deemed solely based in Connecticut; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over SharePT, either specific or general, in jurisdictions other than Connecticut. These Terms shall be governed by the internal substantive laws of the State of Connecticut, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. We each agree to submit to the personal jurisdiction of a state or federal courts located in New Haven, Connecticut, for any actions for which either party retains the right to seek injunctive or other equitable relief, as further described in the Arbitration provision below.
Arbitration: For any dispute you have with SharePT, you agree to first contact us at help@SharePT.co and attempt to resolve the dispute with us informally. In the unlikely event that SharePT has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and SharePT agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND SharePT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Waiver by California Residents. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Entire Agreement/Severability: This Agreement, together with any amendments and any additional agreements you may enter into with SharePT in connection with the Service, shall constitute the entire agreement between you and SharePT concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and SharePT’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Contact: Please contact us at support@SharePT.co with any questions regarding this Agreement.