Terms and Conditions
Last Updated: July 14, 2016
1. Our Contact Information.
2657 Windmill Pkwy #662
Henderson, NV 89074
* "AdamShort.com," "Website," or "Site" refers to the website maintained on the World Wide Web by AdamShort.com, available at http://www.AdamShort.com.
* "User" refers to any party who accesses the Site.
* "Access" means accessing, viewing the content or otherwise obtaining information
* "Agreement" refers to these terms and conditions of use and any subsequent modification.
3. Acceptance of Terms.
User is solely responsible for providing the equipment related to Accessing the Site, including all computer, remote communications equipment, telephone or other equipment.
4. Access to the Site.
AdamShort.com strives to provide the Site on a continuous basis. To that end, AdamShort.com will take all commercially reasonable efforts to provide uninterrupted Access to the Site. However, from time to time, Users may be unable to Access the Site due to conditions beyond AdamShort.com's control. Such conditions include, but are not limited to: Force Majeure or Acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the Site to its Users, AdamShort.com will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term commercially reasonable shall be determined solely by AdamShort.com.
AdamShort.com endeavors to provide the highest quality content to its Users. To that end, AdamShort.com reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site, including, without limitation, the content, availability, Access and/or the terms of this Site, in whole or in part, or to impose new conditions, including, without limitation, a modification of the usage at any time. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may include posting such changes on this Site.
5. Prohibited Conduct.
User expressly agrees to refrain from doing, either personally or through an agent, any of the following:
- Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site; adversely affects AdamShort.com's computers or databases;
- Otherwise engage in any action which AdamShort.com determines is detrimental to the use and enjoyment of the Site. This includes use of any type of negative or abusive language on any of the community or website pages or directed to any of AdamShort.com's staff or moderators. AdamShort.com also reserves the right to block customers who fail to adhere to these terms.
- Capture, download, save, upload, otherwise retaining information and content available on the Site other than what it expressly allowed by the terms of this Agreement;
- Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.
- Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site;
- Transfer the Site content to another person; "frame", "mirror," "in-line link," or employ similar navigational technology to the Site content; "deep link" to the Site content;
- Violate AdamShort.com security mechanisms, Access any data or server you are not authorized to access; or otherwise breach the security of the Site or corrupt the Site in any way;
- Engage in any other conduct which violates the Copyright Act or other laws of the United States.
- Use any device or other means to harvest information about other Users.
6. Disclaimer and Limitation of Liability.
USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS ARE SPECIFICALLY DISCLAIMED. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL ADAMSHORT.COM OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, THIRD PARTY CONTENT PROVIDERS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL ADAMSHORT.COM BE LIABLE FOR ANY DAMAGES EVEN IF ADAMSHORT.COM SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF ADAMSHORT.COM, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. ADAMSHORT.COM IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.
NO DEALER, AGENT, OR EMPLOYEE OF ADAMSHORT.COM IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THIS LIMITED WARRANTY.
7. Third Party Content.
You acknowledge that AdamShort.com does not pre-screen third party materials. AdamShort.com is not the publisher or speaker of any information on the Site that is provided by third party content providers, and AdamShort.com is not liable for any claims related to such information. Content provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by AdamShort.com. AdamShort.com assumes no responsibility for those products or services.
AdamShort.com may contain links and references to other third party websites and materials. AdamShort.com does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. AdamShort.com does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. AdamShort.com reserves the right to terminate any link or remove any reference found on the Site at any time.
ADAMSHORT.COM MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, ADAMSHORT.COM DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.
8. Copyrights and Trademarks and other Proprietary Rights.
AdamShort.com or its third party content providers shall retain all worldwide rights in the intellectual property of the Site, including, but not limited to, trademarks, inventions, ideas, trade secrets, the "look and feel" of the Site, its color combinations, layout, and all other graphical elements, and the copyright in and to its original content. You should assume that everything You read or see on the Site is copyrighted or otherwise protected and owned by AdamShort.com or a third party who licensed the right to use such content from AdamShort.com. Unless otherwise expressly noted, nothing that You read or see on the Site may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of AdamShort.com except as provided in this Agreement.
User agrees to defend, indemnify and otherwise hold harmless AdamShort.com and its officers, directors, agents, employees and assigns from and against any cause of action or claim, including legal fees, related to User's Prohibited Conduct or other improper or illegal use of the Site.
Users are prohibited from violating or attempting to violate the security of the Site. AdamShort.com will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.
11. Termination of Agreement.
In addition to AdamShort.com's other rights, it may terminate this Agreement at any time and at its discretion. In the event of termination of this Agreement, the provisions in this paragraph and the provisions found in paragraphs 7, 8, 9, 10, 11, and 14 shall survive.
12. Privacy Statements.
AdamShort.com values Your trust. In order to honor that trust, all of AdamShort.com's employee-owners are required to adhere to the highest ethical standards in gathering, using, and safeguarding any information You provide. Personal Information is gathered only when Users make voluntarily online submissions of such information or voluntarily establish an account. An example of the type of information AdamShort.com collects is: name, address, city, state, postal code, telephone number, and e-mail address. AdamShort.com does not rent, sell, or exchange information about Website visitors and generally restrictsaccess to User information to qualified AdamShort.com employees. Third parties who need access to AdamShort.com User information in order to provide operational or other support services are required by AdamShort.com to comply with our high standards of security. We gather only the User information that is needed to administer our business and enhance and improve our services.
14. GOVERNING LAW AND DISPUTE RESOLUTION:
This Agreement is governed by the laws of the State of Nevada, without regard to principles of conflict of laws. Any other disputes will be resolved as follows: If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Henderson, Nevada. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Henderson, Nevada, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.