Last
updated January 12,
2023
TABLE OF
CONTENTS
These
Terms of Use constitute a legally binding agreement made between you, whether personally or on
behalf of an entity ("you") and Shake Talent Agency LLC
("Company
," "we," "us," or
"our"), concerning your access to and use of the https://shaketalent.com website as well as any other
media form, media channel, mobile website or mobile application related, linked, or otherwise
connected thereto (collectively, the "Site").
We are registered in
Washington, United States.
You agree that by accessing the Site, you have read, understood, and
agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE,
THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental
terms and conditions or documents that may be posted on the Site from time to time are hereby
expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make
changes or modifications to these Terms of Use at any time and
for any reason. We will alert you about any changes by
updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific
notice of each such change. Please ensure that you check the applicable Terms every time you use our
Site so that you understand which Terms apply. You will be subject to, and will be deemed to have
been made aware of and to have accepted, the changes in any revised Terms of Use by your continued
use of the Site after the date such revised Terms of Use are posted.
The
information provided on the Site is not intended for distribution to or use by any person or entity
in any jurisdiction or country where such distribution or use would be contrary to law or regulation
or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations do so on their own
initiative and are solely responsible for compliance with local laws, if and to the extent local
laws are applicable.
The Site is
intended for users who are at least 18 years old. Persons under the age of 18 are not
permitted to use or register for the Site.
2. INTELLECTUAL
PROPERTY RIGHTS
Unless
otherwise indicated, the Site is our proprietaryproperty and all source code, databases,
functionality, software, websitedesigns, audio, video, text, photographs, and graphics on the
Site(collectively, the "Content") and the trademarks, service marks, and logoscontained therein
(the "Marks") are owned or controlled by us or licensed tous, and are protected by copyright and
trademark laws and various otherintellectual property rights and unfair competition laws of the
United States, international copyright laws, and international conventions. The Content and the
Marks are provided on theSite "AS IS" for your information and personal use only. Except as
expressly provided in these Termsof Use, no part of the Site and no Content or Marks may be
copied, reproduced,aggregated, republished, uploaded, posted, publicly displayed,
encoded,translated, transmitted, distributed, sold, licensed, or otherwise exploitedfor any
commercial purpose whatsoever, without our express prior writtenpermission.
Provided
that you are eligible to use the Site, you aregranted a limited license to access and use the Site
and to download or print acopy of any portion of the Content to which you have properly gained
accesssolely for your personal, non-commercial use. We reserve all rights notexpressly granted
to you in and to the Site, the Content and the Marks.
By using the Site, you
represent and warrant that:
(1) you have the legal capacity and you agree
to comply with these Terms of Use;
(2) you are not a minor in the jurisdiction in
which you reside
; (
3) you will not access the Site through
automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or
unauthorized purpose; and (5) your use of the Site will not violate any
applicable law or regulation.
If you provide any
information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend
or terminate your account and refuse any and all current or future use of the Site (or any
portion thereof).
You may not access or
use the Site for any purpose other than that for which we make the Site available. The Site may
not be used in connection with any commercial endeavors except those that are specifically
endorsed or approved by us.
As a user of
the Site, you agree not to:
-
Systematically
retrieve data or other content from the Site to create or compile, directly or
indirectly, a collection, compilation, database, or directory without written
permission from us.
-
Trick,
defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user
passwords.
-
Circumvent,
disable, or otherwise interfere with security-related features of the
Site, including features that prevent or restrict the use or copying of
any Content or enforce limitations on the use of the Site and/or the
Content contained therein.
-
Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Site.
-
Use
any information obtained from the Site in order to harass, abuse, or
harm another person.
-
Make
improper use of our support services or submit false reports of abuse or
misconduct.
-
Use
the Site in a manner inconsistent with any applicable laws or
regulations.
-
Engage
in unauthorized framing of or linking to the
Site.
-
Upload
or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital letters
and spamming (continuous posting of repetitive text), that interferes
with any party’s uninterrupted use and enjoyment of the Site or
modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the
Site.
-
Engage
in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.
-
Delete
the copyright or other proprietary rights notice from any
Content.
-
Attempt
to impersonate another user or person or use the username of another
user.
-
Upload
or transmit (or attempt to upload or to transmit) any material that acts
as a passive or active information collection or transmission mechanism,
including without limitation, clear graphics interchange formats
("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices
(sometimes referred to as "spyware" or "passive collection mechanisms"
or "pcms").
-
Interfere
with, disrupt, or create an undue burden on the Site or the networks or
services connected to the Site.
-
Harass,
annoy, intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Site to
you.
-
Attempt
to bypass any measures of the Site designed to prevent or restrict
access to the Site, or any portion of the
Site.
-
Copy
or adapt the Site’s software, including but not limited to Flash, PHP,
HTML, JavaScript, or other code.
-
Except
as permitted by applicable law, decipher, decompile, disassemble, or
reverse engineer any of the software comprising or in any way making up
a part of the Site.
-
Except
as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility, scraper,
or offline reader that accesses the Site, or using or launching any
unauthorized script or other
software.
-
Use
a buying agent or purchasing agent to make purchases on the
Site.
-
Make
any unauthorized use of the Site, including collecting usernames and/or
email addresses of users by electronic or other means for the purpose of
sending unsolicited email, or creating user accounts by automated means
or under false pretenses.
-
Use
the Site as part of any effort to compete with us or otherwise use the
Site and/or the Content for any revenue-generating endeavor or
commercial enterprise.
5. USER
GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post
content. We may provide you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute, or broadcast content and materials to us or
on the Site, including but not limited to text, writings, video, audio, photographs,
graphics, comments, suggestions, or personal information or other material
(collectively, "Contributions"). Contributions may be viewable by other users of the
Site and through third-party websites. As such, any Contributions you transmit may
be treated in accordance with the Site Privacy Policy. When you create or make
available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission,
public display, or performance, and the accessing, downloading, or copying
of your Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade secret,
or moral rights of any third party.
- You are the creator and
owner of or have the necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Site, and other users of the
Site to use your Contributions in any manner contemplated by the Site and
these Terms of Use.
- You have the written consent,
release, and/or permission of each and every identifiable individual person in
your Contributions to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of your Contributions
in any manner contemplated by the Site and these Terms of Use.
- Your Contributions are not
false, inaccurate, or misleading.
- Your Contributions are not
unsolicited or unauthorized advertising, promotional materials, pyramid schemes,
chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not
obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or
otherwise objectionable (as determined by us).
- Your Contributions do not
ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used
to harass or threaten (in the legal sense of those terms) any other person and
to promote violence against a specific person or class of people.
- Your Contributions do not
violate any applicable law, regulation, or rule.
- Your Contributions do not
violate the privacy or publicity rights of any third party.
- Your Contributions do not
violate any applicable law concerning child pornography, or otherwise intended
to protect the health or well-being of minors.
- Your Contributions do not
include any offensive comments that are connected to race, national origin,
gender, sexual preference, or physical handicap.
- Your Contributions do not
otherwise violate, or link to material that violates, any provision of these
Terms of Use, or any applicable law or regulation.
Any use of
the Site in violation of the foregoing violates these Terms of Use and may result
in, among other things, termination or suspension of your rights to use the
Site.
You agree that we may
access, store, process, and use any information and personal data that you provide following the
terms of the Privacy Policy and your choices (including settings).
By submitting
suggestions or other feedback regarding the Site, you agree that we can use and share such
feedback for any purpose without compensation to you.
We do not assert any
ownership over your Contributions. You retain full ownership of all of your Contributions and
any intellectual property rights or other proprietary rights associated with your Contributions.
We are not liable for any statements or representations in your Contributions provided by you in
any area on the Site. You are solely responsible for your Contributions to the Site and you
expressly agree to exonerate us from any and all responsibility and to refrain from any legal
action against us regarding your Contributions.
7. SUBMISSIONS
You
acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other
information regarding the Site ("Submissions") provided by you to us are non-confidential and shall
become our sole property. We shall own exclusive rights, including all intellectual property rights,
and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful
purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive
all moral rights to any such Submissions, and you hereby warrant that any such Submissions are
original with you or that you have the right to submit such Submissions. You agree there shall be no
recourse against us for any alleged or actual infringement or misappropriation of any proprietary
right in your Submissions.
8. THIRD-PARTY
WEBSITE AND CONTENT
The
Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as
well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information,
applications, software, and other content or items belonging to or originating from third parties
("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated,
monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible
for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available
through, or installed from the Site, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the
Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party
Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide
to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you
do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review
the applicable terms and policies, including privacy and data gathering practices, of any website to
which you navigate from the Site or relating to any applications you use or install from the Site. Any
purchases you make through Third-Party Websites will be through other websites and from other companies,
and we take no responsibility whatsoever in relation to such purchases which are exclusively between you
and the applicable third party. You agree and acknowledge that we do not endorse the products or
services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your
purchase of such products or services. Additionally, you shall hold us harmless from any losses
sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content
or any contact with Third-Party Websites.
We
reserve theright, but not the obligation, to: (1) monitor the Site for violations ofthese Terms
of Use; (2) take appropriate legal action against anyone who, inour sole discretion, violates the
law or these Terms of Use, including withoutlimitation, reporting such user to law enforcement
authorities; (3) in our solediscretion and without limitation, refuse, restrict access to, limit
theavailability of, or disable (to the extent technologically feasible) any ofyour Contributions
or any portion thereof; (4) in our sole discretion andwithout limitation, notice, or liability, to
remove from the Site or otherwisedisable all files and content that are excessive in size or are
in any wayburdensome to our systems; and (5) otherwise manage the Site in a mannerdesigned to
protect our rights and property and to facilitate the properfunctioning of the Site.
10. PRIVACY
POLICY
We
care about data privacy and security. Please review our Privacy
Policy: https://shaketalent.com/privacy. By using the Site, you agree to be
bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be
advised the Site is hosted in
the United States
. If you access the Site from any other region of the world with laws or other
requirements governing personal data collection, use, or disclosure that differ from
applicable laws in
the United States
, then through your continued use of the Site, you are transferring your data to
the United States
, and you agree to have your data transferred to and processed in
the United States
.
These
Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY
OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR
BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If
we terminateor suspend your account for any reason, you are prohibited from registering
andcreating a new account under your name, a fake or borrowed name, or the name ofany third
party, even if you may be acting on behalf of the third party. Inaddition to terminating or
suspending your account, we reserve the right totake appropriate legal action, including
without limitation pursuing civil,criminal, and injunctive redress.
12. MODIFICATIONS
AND INTERRUPTIONS
We
reserve the right to change, modify, or remove the contents of the Site at any time or for any
reason at our sole discretion without notice. However, we have no obligation to update any
information on our Site. We also reserve the right to modify or discontinue all or part of the
Site without notice at any time. We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the Site.
We
cannot guaranteethe Site will be available at all times. We may experience hardware,
software,or other problems or need to perform maintenance related to the Site, resultingin
interruptions, delays, or errors. Wereserve the right to change, revise, update, suspend,
discontinue, or otherwisemodify the Site at any time or for any reason without notice to you.
You agree that we have no liabilitywhatsoever for any loss, damage, or inconvenience caused by
your inability toaccess or use the Site during any downtime or discontinuance of the Site.
Nothing in these Terms of Use will beconstrued to obligate us to maintain and support the Site
or to supply anycorrections, updates, or releases in connection therewith.
These
Terms of Use and your use of the Site are governed by and construed in accordance with the laws
of
the State of Washington
applicable to agreements made and to be entirely performed within
the State of
Washington
, without regard to its conflict of law principles.
If
the Parties are unable to resolve a Dispute through informal negotiations,
the Dispute (except those Disputes expressly excluded below) will be finally
and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT
THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY
TRIAL. The arbitration shall be commenced and conducted under the Commercial
Arbitration Rules of the American Arbitration Association ("AAA") and, where
appropriate, the AAA’s Supplementary Procedures for Consumer Related
Disputes ("AAA Consumer Rules"), both of which are available at the AAA
website: www.adr.org.
Your arbitration fees and your share of arbitrator compensation shall be
governed by the AAA Consumer Rules and, where appropriate, limited by the
AAA Consumer Rules.
The arbitration may be conducted in person, through the submission
of documents, by phone, or online. The arbitrator will make a decision
in writing, but need not provide a statement of reasons unless requested
by either Party. The arbitrator must follow applicable law, and any
award may be challenged if the arbitrator fails to do so. Except where
otherwise required by the applicable AAA rules or applicable law, the
arbitration will take place in
Spokane,
Washington
. Except as otherwise provided herein, the Parties may litigate in
court to compel arbitration, stay proceedings pending arbitration, or to
confirm, modify, vacate, or enter judgment on the award entered by the
arbitrator.
If
for any reason, a Dispute proceeds in court rather than arbitration, the
Dispute shall be commenced or prosecuted in the
state and federal courts
located in
Spokane,
Washington
, and the Parties hereby consent to, and waive all defenses of lack
of personal jurisdiction, and forum non conveniens with respect to venue and
jurisdiction in such
state and federal courts
. Application of the United Nations Convention on Contracts for the
International Sale of Goods and the Uniform Computer Information Transaction
Act (UCITA) are excluded from these Terms of Use.
In no event shall any Dispute brought by
either Party related in any way to the Site be commenced more
than one (1) years after the cause of
action arose.
If this provision is found to be illegal or unenforceable, then
neither Party will elect to arbitrate any Dispute falling within that
portion of this provision found to be illegal or unenforceable and such
Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
The
Parties agree that any arbitration shall be limited to the
Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with
any other proceeding; (b) there is no right or authority for
any Dispute to be arbitrated on a class-action basis or to
utilize class action procedures; and (c) there is no right
or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or
any other persons.
Exceptions to
Arbitration
The
Parties agree that the following Disputes are not subject to
the above provisions concerning binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the
validity of, any of the intellectual property rights of a
Party; (b) any Dispute related to, or arising from,
allegations of theft, piracy, invasion of privacy, or
unauthorized use; and (c) any claim for injunctive relief.
If this provision is found to be illegal or unenforceable,
then neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to be
illegal or unenforceable and such Dispute shall be decided
by a court of competent jurisdiction within the courts
listed for jurisdiction above, and the Parties agree to
submit to the personal jurisdiction of that court.
There
may beinformation on the Site that contains typographical errors,
inaccuracies, oromissions, including descriptions, pricing, availability,
and various otherinformation. We reserve the right tocorrect any errors,
inaccuracies, or omissions and to change or update theinformation on the
Site at any time, without prior notice.
THE
SITE IS PROVIDEDON AN AS-IS AND AS-AVAILABLE BASIS. YOUAGREE THAT YOUR
USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THEFULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS ORIMPLIED, IN
CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING,
WITHOUTLIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULARPURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUTTHE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR
THE CONTENT OF ANYWEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITYFOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES
OF CONTENT AND MATERIALS, (2)PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROMYOUR ACCESS TO AND USE OF THE SITE, (3)
ANY UNAUTHORIZED ACCESS TO OR USE OFOUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIALINFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSIONTO OR FROM THE SITE, (5) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICHMAY BE TRANSMITTED TO OR
THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANYERRORS OR OMISSIONS IN
ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OFANY KIND INCURRED AS
A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OROTHERWISE MADE
AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ATHIRD
PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR
MOBILEAPPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL
NOT BE APARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOUAND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THEPURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM
OR IN ANY ENVIRONMENT, YOUSHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
17. LIMITATIONS
OF LIABILITY
IN
NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST
REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER
AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO
THE LESSER OF THE AMOUNT PAID, IF
ANY, BY YOU TO US
DURING
THE three (3)
MONTH PERIOD PRIOR TO ANY CAUSE OF
ACTION ARISING
OR $5,000.00 USD
. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME
OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO
YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You
agree todefend, indemnify, and hold us harmless, including our
subsidiaries,affiliates, and all of our respective officers, agents,
partners, andemployees, from and against any loss, damage, liability,
claim, or demand, includingreasonable attorneys’ fees and expenses, made
by any third party due to orarising out of:
(1) use of the Site;
(2) breach of these Terms of
Use; (3) any breach of your
representations and warranties set forth in these Terms of Use; (4) your violation of the rights
of a third party, including but not limited to intellectual property
rights; or (5) any overt
harmful act toward any other user of the Site with whom you connected
via the Site. Notwithstanding the foregoing, we reserve the right, at
your expense, to assume the exclusive defense and control of any matter
for which you are required to indemnify us, and you agree to cooperate,
at your expense, with our defense of such claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding which is
subject to this indemnification upon becoming aware of it.
We
will maintaincertain data that you transmit to the Site for the purpose of
managing theperformance of the Site, as well as data relating to your use
of the Site. Although we perform regular routine backupsof data, you are
solely responsible for all data that you transmit or thatrelates to any
activity you have undertaken using the Site. You agreethat we shall have
no liability to you for any loss or corruption of any suchdata, and you
hereby waive any right of action against us arising from any suchloss or
corruption of such data.
20. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting
the Site, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic communications,
and you agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email and on the Site,
satisfy any legal requirement that such communication be in writing. YOU
HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND
OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS
OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby
waive any rights or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic records, or to payments
or the granting of credits by any means other than electronic means.
These
Terms of Use and any policies or operating rules posted by us on the Site or
in respect to the Site constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce any right or
provision of these Terms of Use shall not operate as a waiver of such right
or provision. These Terms of Use operate to the fullest extent permissible
by law. We may assign any or all of our rights and obligations to others at
any time. We shall not be responsible or liable for any loss, damage, delay,
or failure to act caused by any cause beyond our reasonable control. If any
provision or part of a provision of these Terms of Use is determined to be
unlawful, void, or unenforceable, that provision or part of the provision is
deemed severable from these Terms of Use and does not affect the validity
and enforceability of any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created between you and us as
a result of these Terms of Use or use of the Site. You agree that these
Terms of Use will not be construed against us by virtue of having drafted
them. You hereby waive any and all defenses you may have based on the
electronic form of these Terms of Use and the lack of signing by the parties
hereto to execute these Terms of Use.
In
order to resolve a complaint regarding the Site or to receive further
information regarding use of the Site, please contact us at:
Shake Talent Agency LLC
Remote (Varies)
United States
contact@shaketalent.com