Terms of Use

     

    Welcome to ShaleMart.com, a service of ShaleMart, llc. By using this website, you you accept the terms of this Visitor Agreement. Please read this agreement carefully.

    1.General Provisions ShaleMart.com respects your privacy. You shall be responsible for protecting your password(s) if any. Please take a moment to review our privacy policy for additional information. The Web is an evolving medium. ShaleMart.com reserves the right to change the terms of this agreement from time to time. By continuing to use this website and following our posting of such changes, you agree to be bound by this agreement, as modified. ShaleMart.com may change, restrict access to, suspend, or discontinue this website, or any portion of this website, at any time. The material that appears on ShaleMart.com is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing goods or services you've read about on ShaleMart.com, you should confirm with the vendor any information (including the price) that is important to your purchasing decision. ShaleMart.com is not responsible for, and does not guarantee the performance of, any such goods or services. We invite you to bring to our attention any material on our site that you believe to be inaccurate. Please forward a copy of the material to our Customer Service Manager at webmaster@ShaleMart.com along with an explanation of your objection. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, but not limited to, if we believe that customer conduct violates applicable law or is harmful to the interests of ShaleMart LLC, its owners, affiliates, licensors or licensees.

    2. Buying Advertised Content ShaleMart.com.

    3. Links to Other Sites For your convenience, we make available a variety of links to other websites that we don't operate where you can obtain related products and services. Although we encourage you to consult such websites, we cannot guarantee the prices, terms, quality, reliability or performance of the products or services provided by these vendors. ShaleMart.com is not responsible for the products or services these vendors provide. You release ShaleMart.com and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your purchase or use of third-party supplied products and services. Although we may power some of these websites, we are not responsible for any of the content that appears on these sites, including, without limitation, promotional contests and sweepstakes offers. We do not co-sponsor, operate, endorse or guarantee any advertiser sweepstakes or contest offer that may be promoted from time to time on our site, or that may be accessible through a link from our site, and you release ShaleMart.com and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your entry, participation or acceptance of any prize in any such sweepstakes or contest offer.

    4. Ownership and Permissions ShaleMart.com is made available for your personal, non-commercial use only. This Website and all content displayed on this Website and all software, data and information used to provide this Website, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, patents and other intellectual property rights therein or thereto, are owned by ShaleMart LLC, its owners, affiliates, licensors or licensees, and are protected under worldwide copyright, trademark and other applicable laws and treaties, including, without limitation, applicable intellectual property laws. We grant you the limited and nonexclusive right and license to access or download a single copy of the content from this Website solely for your personal and non-commercial use and as necessary in connection with the use of any services available through the Website Except as expressly authorized in this Usage Agreement, you may not modify, distribute, reproduce, display, or use this Website or any elements thereof. All rights not expressly granted to you by us in this Usage Agreement are reserved to ShaleMart LLC and you acknowledge that you do not acquire any ownership rights by accessing or downloading any material, whether or not copyrighted, from the Website as authorized hereunder. The materials on this site are the property of ShaleMart.com or its licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. You may not store any significant portion of, nor distribute copies of, materials found on this site, in any form (including electronic form), without prior written permission from the owner. Requests for permission to reproduce or distribute materials found on ShaleMart.com should be sent to our Customer Service Manager, ShaleMart.com, 4501 Hills & Dales Rd NW, Canton, OH 44708 or to webmaster@ShaleMart.com. You are free to establish a hypertext link to this site so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by ShaleMart.com or any of its affiliates. However, without the prior written permission of ShaleMart.com, you may not frame any of the content of ShaleMart.com, nor incorporate into another website or other service any intellectual property of ShaleMart.com or its licensors. Requests for permission to frame our content may be sent to our Customer Service Manager, either by email or at the address above. ShaleMart.com and the ShaleMart.com logo, which are trademarks of ShaleMart LLC. The names of other products and services referred to on the site may be the trademarks of their respective owners. You may not use any trademark or service mark appearing on ShaleMart.com without the prior written consent of the owner of the mark. Reproduction, re-transmission or re-presentation in any form, in whole or in part, of any content, programming code, images or graphics is strictly prohibited without prior express written permission of ShaleMart LLC. In addition to the foregoing prohibitions, you may not frame, squeeze back, overlay or employ other techniques to enclose or display the Website, or any trademark, logo, content or other proprietary information (including images, text, page layout, or form) included on the Website, with any other software or content of a third party. You may not use any meta tags or any other "hidden text" utilizing the names or trademarks of ShaleMart LLC, its owners, affiliates, licensors or licensees without their express written consent. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in this Website or the services offered herein. Without limiting the generality of the other restrictions set forth herein, you may not access, monitor or copy any content or information of this Website using any "robot", "spider", "deep link", "scraper" or other automated means, methodology, algorithm or device or any manual process for any purpose.

    5. Trademarks ShaleMart.com, ShaleMart.com with design, are federally registered trademarks of ShaleMart LLC. You will not use ShaleMart.com to violate the copyright, trademark, or other intellectual property rights of any person or other entity. By submitting material to ShaleMart.com, you are representing that you are the owner of the material, or are making your submission with the explicit consent of the owner. By submitting material to ShaleMart.com you are permanently granting ShaleMart.com all rights to the material, including the right to modify the material, to use it commercially, and to maintain the material in an archive.

    6. Disclaimer of Warranties and Limitation of Liability If you rely on this website or any information, product or service available through this website, you do so at your own risk. You understand that there may be delays, omissions, interruptions, inaccuracies, and/or other problems with the information, products, and services published on or promoted over this site. This website is provided to you "as is." ShaleMart.com and its affiliates, agents and licensors, cannot and do not warrant the accuracy, completeness, currentness, noninfringement, merchantability or fitness for a particular purpose of the information available through this website (or any information, goods or services that are referred to, advertised or promoted on, or sold through this website). Nor do we or they guarantee that the website will be error free, or continuously available, or that the website will be free of viruses or other harmful components. Under no circumstances will ShaleMart.com or its affiliates, agents or licensors be liable to you or anyone else for any damages other than direct damages, arising out of your use of this website or any product or service linked to from or advertised or promoted on this website, including, without limitation, consequential, special, incidental, indirect, punitive, exemplary, or other damages of any kind (including lost revenues or profits, loss of business or loss of data), even if we are advised beforehand of the possibility of such damages. You agree that the liability of ShaleMart.com and its affiliates, agents and licensors, if any, arising out of any kind of legal claim arising out of or otherwise related to this website will not exceed the amount you paid, if any, for the use of the website out of which such liability allegedly arises. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you.

    7. Registration To obtain access to certain ShaleMart.com services, you will be given an opportunity to register with ShaleMart.com. As part of the registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. We reserve the right to disallow use of user name that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing ShaleMart.com through any username/password assigned to you. You will notify ShaleMart.com's Customer Service Manager at webmaster@ShaleMart.com of any known or suspected unauthorized use of your account.

    8. Data & Security We have in place, what we believe to be, reasonable physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online. In general, while reasonable efforts are made to ensure the confidentiality of your private and personal information, we cannot warrant and do not guarantee the absolute safety and security of confidential data on the Internet.

    9. Communications Resources A variety of resources on this website through which you can directly interact with others, may be provided, such as email services, blogging services, chat rooms, communications tools, forums, classifieds and other user-submitted advertising, and other public posting areas. We cannot and do not review every posting made in our blogs, chat rooms, forums, and other areas available for public postings. You can expect these areas to include information and opinions from a variety of individuals and organizations which may be other than us. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, expert of guest, or from a member of our staff, and we are not responsible or liable for, and do not assume any responsibility in respect of, the views and opinions expressed through these souces. We do not, as normal business practice, review private electronic messages that are not addressed to us. However, we reserve the right to do so and to use any other forms of information available to us by virtue of your use of this Website including, reverse IP address inquiry, in order to comply with the law, to enforce our Usage Agreement, or to protect the rights, property or safety of visitors to this Website, our customers, the public or ShaleMart LLC and its owners, affiliates, licensors or licensees. We reserve the right (but assume no obligation) to review the content of this website, including blogs, message boards, chat rooms, listings, forums, and other information posted to the Website to determine compliance with this Usage Agreement and operating rules established by us, and to satisfy any law, regulation or authorized government request. We shall have the right, in our sole discretion, to delete, move, refuse to post, or edit any messages, listings or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons or that violate the terms of this agreement. We reserve the right to deny access to any Communication Resource or Service to anyone who violates this Usage Agreement or who, in our judgment, interferes with the ability of others to enjoy this Website or infringes the rights of others. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies. By using this website, you agree not to post, submit or transmit through this website any material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, misleading, fraudulent or otherwise objectionable, that encourages conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law, or that, without our express prior approval, contains advertising or any solicitation with respect to products or services. The sender of any communications to this Website or otherwise to the owners of this Website shall be solely responsible for the content and information contained therein, including its truthfulness and accuracy. By posting content, you represent and warrant that you either own or otherwise control all rights necessary for you to provide, post, upload or submit that content. Without limiting the foregoing, you shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any content or other material submitted by you to or through this Website.

    10. Violation of Terms of Use ShaleMart LLC may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of this Website, or to identify, contact or bring legal action against you or anyone else who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of this Website, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that we may preserve and store any communication by you with us through this Website or any service offered on or through this Website, and may also disclose such data if required to do so by law or we determine that such disclosure is reasonably necessary to (1) comply with legal process, (2) enforce this Usage Agreement, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of ShaleMart LLC, its employees, users of or visitors to this Website, and the public. Without limiting any other portion of these Terms of Use, you agree that we may, in our sole discretion and without prior notice, terminate your access to this Website and/or block your future access to this Website if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of this Website. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies ShaleMart LLC may have at law or in equity.

    11. Miscellaneous No spamming or data scrapping. This Visitor Agreement has been made in, and will be construed in accordance with the laws of, the state of Ohio. By using this website, you consent to the exclusive jurisdiction and venue of the state and federal courts in Canton, Ohio in all disputes arising out of or relating to this Agreement or use of this website. You agree that we may, in our sole discretion and without prior notice, terminate your access to this Website, which includes any discontinuance or material modification of this Website or any service offered on or through this Website, or due to any unexpected technical issues or problems. We reserve the right to deny access to the site at our own discretion. Any and all rights not expressly granted herein are exclusively reserved to ShaleMart LLC. You agree that ShaleMart LLC will not be liable to you or to any third party for termination of your access to this Website as a result of any violation of these Terms of Use. You agree that any and all causes of action arising out of or relating to this Website or the information, products or services available through this Website shall be resolved individually, without resort to any form of class action. You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

    BY USING THIS SERVICE, YOU AGREE TO ABIDE BY THE TERMS OF THIS VISITOR AGREEMENT.

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