TERMS OF USE
Introduction
The use of this Web Site ("Site") is offered to you conditioned upon your accepting all of the following terms, conditions, and notices contained herein, which govern the use of the services offered on the Site, without any modification thereto ("Terms and Conditions" or "Agreement"). Please read this Agreement before accessing the Site. By accessing this Site, all users do hereby represent, warrant, understand, agree to and accept all Terms and Conditions contained herein. If you do not accept the Terms and Conditions stated herein, you will be unable to access this Site. This Agreement (including the General and Specific Terms set forth below) contains all of the Terms and Conditions between Shearwater Valuation Associates, LLC. ("Shearwater Valuation Associates") and everyone accessing this Site. For purposes of this Agreement, the individual accessing this site shall be referred to as a User. In the case of any violation of these terms and conditions, we reserve the right to seek all remedies available by law. These terms and conditions apply to all visits to this web site, both now and in the future. Reproduction of any material contained within this Site without written permission is strictly prohibited. Please read the terms of use regarding material presented on this site. Please also review our Privacy Policy. Shearwater Valuation Associates may change the Terms and Conditions contained herein at any time by updating this posting without notice. You are advised to visit our Site periodically to review the Terms and Conditions. By using this Site, you are accepting the Terms and Conditions stated below and are legally bound whether you register as a member or not.
Disclaimer
Your use of this site is at your own risk. Shearwater Valuation Associates makes no warranties or representations as to its accuracy and specifically disclaims any liability or responsibility for any errors or omissions in the content on this site. Neither Shearwater Valuation Associates or affiliated companies, nor any other party involved in creating, producing, or delivering this site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access, this site. Without limiting the foregoing, all material on this site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
General Terms
You should assume that all material on this Site is protected by copyright laws unless otherwise noted and may not be used except as permitted in these Terms and Conditions or in the text on this site. Unless otherwise specified, all service names, slogans, custom graphics, icons and logos are registered trademarks, unregistered trademarks, trade names or service marks of Shearwater Valuation Associates. All third party trademarks, trade names or service marks are the property of their respective owners. The use of any Shearwater Valuation Associates service marks without our express written consent is strictly prohibited. Your access to this web site should not be construed as granting, by implication or otherwise, any license or right to use any service marks appearing on this site without the prior written consent of Shearwater Valuation Associates or the third party that may own the service mark.
Use of Material
Shearwater Valuation Associates authorizes you to view and download the material on this Site solely for your personal, noncommercial use. The contents of this Site, such as text, graphics, images, logos, button icons, software and other "Material" are the property of Shearwater Valuation Associates or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of Shearwater Valuation Associates. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyrights, trademarks, service marks and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt any of the code, including but not limited to, HTML and Javascript that Shearwater Valuation Associates creates to generate its pages.
Acceptable Site Use
General Rules: Users may not use the Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
Web Site Security Rules. Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Shearwater Valuation Associates will investigate occurrences that may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
Links to Third Party Sites
Shearwater Valuation Associates is not responsible for the content of any site linked to or from this site. Your linking to any other site is entirely at your own risk. While Shearwater Valuation Associates may provide links on this site to other sites, the inclusion of such links is for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the site or the content of the site. Shearwater Valuation Associates disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites.
Disclaimer / Limitation of Liability
Shearwater Valuation Associates does not represent or warrant that the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. Shearwater Valuation Associates does not warrant or represent that the use or the results of the use of the Site or the materials made available as part of the Site will be correct, accurate, timely, or otherwise reliable.
You specifically agree that Shearwater Valuation Associates shall not be responsible for unauthorized access to or for the alteration of transmissions, data or any material sent or received or not sent or received, or any transactions entered into through the Site. You specifically agree that Shearwater Valuation Associates is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or for any infringement of another's rights, including intellectual property rights. The User specifically agrees that Shearwater Valuation Associates is not responsible for any content sent using and/or included in the Site by any third party.
Shearwater Valuation Associates makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the Site for any purpose. The Site is provided "as is" without warranty of any kind. Shearwater Valuation Associates hereby disclaims all warranties and conditions with regard to the Site, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Shearwater Valuation Associates and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site or related web sites, with the delay or inability to use the Site or related web sites, with the provision of or failure to provide services or for any information, software, products, services and related graphics obtained through the Site, or with any other use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if Shearwater Valuation Associates or any of its suppliers has been advised of the possibility of damages because of some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site or service provided, or with any of these Terms and Conditions of use, your sole exclusive remedy is to discontinue using the Site.
Indemnification
You agree to indemnify and hold Shearwater Valuation Associates its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of the User's use of or conduct on the Site.
Termination
Shearwater Valuation Associates may terminate your access to any part or the entire Site at any time, with or without cause or notice, effective immediately, for any reason whatsoever.
If you wish to terminate your account, your only recourse is to discontinue the use of the Site.
At such time as the use of the service is discontinued, Shearwater Valuation Associates shall have no obligation to maintain any of the content relative to your account, nor shall Shearwater Valuation Associates have any obligation to forward any unread or unsent messages to you or any third party.
No Spam / Damages
Shearwater Valuation Associates will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, you agree to pay Shearwater Valuation Associates for the actual damages to the extent such actual damages can be reasonably calculated.
Proprietary Rights to Content
User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to User by the Site, by Shearwater Valuation Associates or its advertisers or other content providers, is protected by proprietary rights and laws. User may make a copy of this content only for personal, non-commercial use, provided that User keeps all copyrights and other proprietary notices intact. User may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Site and its associated Web sites, including code and software.
Modifications to Terms and Conditions
Shearwater Valuation Associates reserves the right to change these Terms and Conditions or policies regarding the use of the Site at any time and to notify the User by posting an updated version of the Terms and Conditions on this Site. The Users are responsible for regularly reviewing the Terms and Conditions. Continued use of the Site after any such changes shall constitute their consent to such changes.
Notice of Property Rights
User acknowledges and agrees that Shearwater Valuation Associates (hereinafter sometimes referred to collectively as "Owners") own all of the forms, documents and the contents of this Site (hereinafter "Documents"). You agree that no right, title or interest in or to any trademark, service mark, logo or trade name of the Owners is granted under these Terms and Conditions and that title to all such documents is retained by said Owners. You agree, stipulate and consent that all Documents are protected and are owned by the Owners and that you will not reproduce, modify or publish any or all of the Documents for any commercial purpose without the express written consent of said Owners.
Severability
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
Unless otherwise specified herein, these Terms and Conditions constitute the entire agreement between the User and Shearwater Valuation Associates with respect to the use of the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Shearwater Valuation Associates with respect to the Site.
Binding
These Terms and Conditions shall be effective to bind User, its assigns, agents, representatives, successors, employees and any and all other persons acting on its behalf. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.