TERMS
WEBSITE TERMS OF SERVICE
The www.theshopcac.com website and the Shop Office Space Portal (the “Portal”) (collectively the “Websites”) are provided by Domain CAC, L.L.C. (“Shop Office” or “Host”) located at 900 Camp Street, Third Floor, New Orleans, Louisiana 70130. By accessing and using the Websites, you agree to be bound by the terms and conditions below and the Shop Privacy Policy, which is incorporated by reference herein (collectively the “Terms”).
1. Basic Terms
You are responsible for your use of the Websites and for any consequences thereof. You may use the Websites only if you can form a binding contract with Shop Office and are not a person barred from accessing the Websites under the laws of the United States or other applicable jurisdiction. You may only use the Websites if you are over 18 years of age. Anyone under 18 years of age may not use or access the Websites for any reason. Please contact us if you are aware that a person under 18 is using the Websites. You may use the Websites only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Websites are always evolving and the form and nature of the Websites may change from time to time without prior notice to you. In addition, Shop Office may stop (permanently or temporarily) providing the Websites (or any features within the Websites) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Websites may include advertisements, which may be targeted to information on the Websites, queries made through the Websites, or other information. The types and extent of advertising on the Websites is subject to change. In consideration for Shop Office granting you access to and use of the Websites, you agree that Shop Office, third party providers and partners may place such advertising on the Websites or in connection with the display of Content or information from the Websites whether submitted by you or others.
2. Privacy
Any information that you provide to Shop Office is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Websites you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Shop Office. As part of providing you the Websites, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Websites and your Shop Office account, which you may not be able to opt-out from receiving.
3. Passwords
You are responsible for safeguarding the password or credentials that you use to access the Websites and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your Shop Office account. Shop Office cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
4. Shop Office Rights
All right, title, and interest in and to the Websites and will remain the exclusive property of Shop Office and its licensors. The Websites are protected by copyright, trademark, and other laws of both the United States and foreign countries. Shop Office reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Shop Office, or the Websites are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
5. Restrictions on Use of the Websites
When you register to use the Services you may be granted access to the Portal, which includes a member directory with contact information for Shop Office members. You may only use member contact information for legitimate business purposes and are expressly prohibited from using contact information to spam, market, harass or otherwise contact other members against their wishes. You are expressly prohibited from compiling, disclosing or selling member contact information to any third party for inclusion on any email or other marketing database. You are responsible for your use of member contact information and any improper use or disclosure may expose you to legal liability to Shop Office Space, its members or another a third party. Your failure to abide by this condition may result in the immediate termination or suspension of your access to the Services and the Shop Office Space as well as other legal penalties.
We reserve the right to access, read, preserve, and disclose any information you provide on the Websites as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Shop Office, its users and the public. Shop Office does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.
You may not do any of the following while accessing or using the Websites:
(i) access, tamper with, or use non-public areas of the Websites, Shop Office’s computer systems, or the technical delivery systems of Shop Office providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Websites by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Shop Office (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Shop Office (NOTE: scraping the Websites without the prior consent of Shop Office is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Websites to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Websites, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Websites.
6. Ending These Terms
The Terms will continue to apply until terminated by either you or Shop Office as follows.
You may terminate this legal agreement with Shop Office at any time for any reason by deactivating your accounts and discontinuing your use of the Websites. In order to deactivate your account, please contact us at 504-517-1200 or at info@theshopcac.com. Any additional Agreements you have with Shop Office must be terminated in accordance with their termination provisions and will survive your discontinued use of the Websites.
We may suspend or terminate your accounts or cease providing you with all or part of the Websites at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Websites to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Websites the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Websites, except those Sections you would expect to survive termination.
Nothing in this section shall affect Shop Office’s rights to change, limit or stop the provision of the Websites without prior notice, as provided above in section 1.
7. Disclaimers, Limitations of Liability and Indemnity
A. The Websites are Available “AS-IS”
Your access to and use of the Websites or any information you access or view on or through the Websites is at your own risk. You understand and agree that the Websites and any information thereon is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, SHOP OFFICE ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Shop Office Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Websites or any information you access or view on or through the Websites; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Websites, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Websites; (iv) whether the Websites will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Shop Office Entities or through the Websites, will create any warranty not expressly made herein.
B. Links
The Websites may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or Website on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Shop Office Entities of such websites or resources or the content, products, or website available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SHOP OFFICE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT, ADVICE OR INFORMATION OBTAINED FROM THE WEBSITES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SHOP OFFICE ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID SHOP OFFICE, IF ANY, IN THE PAST SIX MONTHS FOR THE WEBSITES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE SHOP OFFICE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
D. Indemnification
To the extent not prohibited by law, you expressly agree to indemnify and hold harmless the Shop Office Entities from and against any and all liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and costs, related to all third party claims, charges and investigations related to (1) your failure to comply with the Terms; (2) your use of member contact information; and (3) any activity in which you engage on or through the Websites.
8. GENERAL TERMS. Waiver and Severability
The failure of Shop Office to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
A. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the Louisiana without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Websites will be brought solely in the federal or state courts located in Orleans Parish County, Louisiana, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
B. Entire Agreement
These Terms and our Privacy Policy are the entire and exclusive agreement between Shop Office and you regarding the Websites (excluding any Services for which you have a separate agreement with Shop Office that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Shop Office and you regarding the Websites.
We may revise these Terms from time to time, the most current version will always be at www.theshopcac.com. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Websites. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth above. By continuing to access or use the Websites after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us.
Effective: [7/29/2017].