Shore Corporation Website Agreement
The Shore Website (the “Site”) is an online information and communications Site provided by Shore Corporation (“Shore”), subject to your compliance with the terms and conditions set forth below. Please read this document carefully before accessing or using the Site. By accessing or using the Site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the Site. Shore may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the Site shall be deemed your conclusive acceptance of the modified agreement.
- Use of the Site – You assume total responsibility and risk for your use of the Site and the Internet. Shore does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchant ability or fitness for a particular purpose) with regard to the Site, any merchandise or information provided through the Site or on the Internet generally, and Shore shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all merchandise and other information provided through the Site or on the Internet generally. Shore does not warrant that the Site will be error-free or that defects in the Site will be corrected. The Site and the products are provided on an “as is, as available” basis. In no event will Shore be liable for (I) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of the Site, or any products obtained from the Site, even if Shore or its authorized representatives have been advised of the possibility of such damages, or (II) any claim attributable to errors, omissions, or other inaccuracies in the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, Shore’s liability is limited to the greatest extent permitted by law.
- Indemnification – You agree to indemnify, defend and hold harmless Shore, its officers, directors, employees, agents, licencors, suppliers and any third party providers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Site.
- Third Party Rights – The provisions of paragraphs 1 (Use of the Site), and 2 (Indemnification) are for the benefit of Shore and its officers, directors, employees, agents, licencors, suppliers, and any third party providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly on its own behalf.
- Term; Termination – This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs, 1 (Use of the Site), 2 (Indemnification), 3 (Third Party Rights) and 5 (Miscellaneous) shall survive any termination of this Agreement.
- Miscellaneous – This Agreement shall all be governed and construed in accordance with the laws of the State of Pennsylvania applicable to agreements made and to be performed in Pennsylvania. You agree that any legal action or proceeding between Shore and you for any purpose concerning this Agreement or the parties’ obligations here under shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Pennsylvania. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Shore’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Shore may assign its rights and duties under this Agreement to any party at any time without notice to you.