TERMS OF USE
These terms of use (the “Terms”) is a binding agreement between you and Shamed.US, LLC and its corporate affiliates, subsidiaries, and divisions (collectively, “Shamed”, “Company,” “we,” “us,” and “our”). These terms apply to Shamed’s websites, mobile applications, and other digital and interactive services that link to these Terms (together, the “Services”).
You acknowledge and agree that, by accessing or using the Site or by uploading or posting any User Content (as defined below) to Shamed’s WebSite, www.shamed.us (the “Site”), you are confirming that you have understand and agree to be bound by these Terms. If you do not agree to these Terms, then you have no right to access or use the Site.
We may, from time to time, modify these Terms. You are advised to visit this page periodically to check for updates. If you do not agree to, or cannot comply with, the amended Terms, you must stop using the Site. If you continue to use the Site it is presumed that you accept the Terms. The amended Terms are effective upon posting and will apply going forward. Your continued use of the Services after any such update constitutes your acceptance of such amended Terms.
Shamed’s Privacy Policy and all other policies and terms contained on the Site are incorporated by reference and are expressly made a part of these Terms.
4.1 Accessibility. To access the Site you must be of legal age and competence. By accessing the Site on behalf of any third party, you affirm that you are an authorized representative of that third-party and that your use of the Site constitutes that third party’s acceptance of these Terms. If you have been previously prohibited from accessing the Site, you are not permitted to access the Site.
4.2 Scope. The Site is created and operated by Shamed.US, LLC, an Illinois limited liability company. Shamed makes no representations that the Site is appropriate for use in locations outside the United States. Accessing the Site from locations outside the United States do so at their own risk and are responsible for compliance with local law.
5.1 Intellectual Property Rights. The Site and its content (e.g. texts, images, videos, etc..) is owned and operated by Shamed and contain material which is derived in whole or in part from material supplied by Shamed and its partners, as well as other sources, and is protected by United States copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws. The Site is also protected as a collective work or compilation under U.S. copyright and other law and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Site. You agree to notify Shamed of any unauthorized access or use of the Site and its content by any individual or entity or of any claim that the Site infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the Site shall, as between you and Shamed, at all times be and remain the sole and exclusive property of Shamed.
5.2 Use of Marks. Shamed’s trademarks, trade names, service marks, copyrights, or logos are the sole property of Shamed and shall not be used in any manner without Shamed’s express, written, consent.
6.1 User Content. The Site may enable you to submit, post, upload, or otherwise make available (collectively, “post”) content such as video clips, photographs, identifying information, reviews, public messages, ideas, comments and other content (collectively, “User Content”) that may or may not be viewable by other users. You acknowledge and agree that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom the User Content originated. You further agree that you have all rights to post such User Content without violation of any third-party rights or privacy laws.
6.2 Consent to Shamed’s Use of User Content. By posting User Content on or through the Site, you grant Shamed an unlimited license to use, copy, distribute, reproduce, modify, edit, publicly display, translate, sell, transmit and publish such User Content, in whole or in part, in any format or medium now known or developed in the future, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You acknowledge and agree that your user name may be associated with any User Content that you post.
6.3 User Content Representations. You warrant to Shamed that you own or otherwise control all rights to any User Content posted on the Site. You agree that you will indemnify, defend, and hold harmless Shamed for any and all claims resulting from User Content you post.
6.4 User Content Review. You agree that Shamed may or may not screen User Content, but that Shamed has no obligation to do so. You further agree that Shamed may reject, move, edit or remove any User Content posted by you on the Site for any reason. Shamed does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content. Shamed may be considered a provider of an interactive computing service as set forth the Communications Decency Act, 47 U.S.C. § 230. Shamed expressly reserves its rights to not be treated as the publisher or speaker of any information provided by another information content provider on or through the Site.
6.5 User Feedback. Any information provided to Shamed shall be deemed to be non-confidential, and we assume no obligation to protect such information from disclosure.
Subject to compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use the Site for your own use consistent with the Terms and any written agreements entered into between you and Shamed.
Prohibited Uses. Use of the Site for any illegal purpose, or any other purpose not expressly permitted in these Terms, is strictly prohibited. Prohibited user conduct includes, but is not limited to, the posting of information that would constitute harassment or threats to another, obscene conduct, discriminatory conduct, illegal conduct, any conduct in violation of intellectual property laws/rights, any conduct expressly prohibited in other sections of these Terms, obtaining and using other user’s information, doing anything that could alter the Site or the information contained thereon unless expressly allowed by a separate agreement between you and Shamed and any conduct that interferes with any other party’s use and enjoyment of the Site. Shamed reserves the right, in its sole and absolute discretion, to remove any User Content, block access to the Services, and/or cancel the account of any user.
You agree that Shamed may disclose your account information and/or any User Content if required to do so by law or in a good faith belief that such disclosure is permitted by Shamed’s Privacy Policy. Shamed may also disclose your account information and/or any User Content if necessary to enforce any Agreement with Shamed, to protect the rights, property, or personal safety of Shamed, its agents and affiliates, its users, and the public or to address your requests.
Shamed may provide links to other sites. Shamed makes no representations or warranties as to the content or security contained within these other sites. Therefore, Shamed cannot be liable for any claims which arise from your use of any of these links.
your use of the site, any content contained on the site and any link contained on the site is at your sole risk. the site is provided on an “as is” and “as available” basis with no representations or warranties of any kind. shamed expressly disclaims all warranties of any kind, whether express, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy, title, and non-infringement. shamed assumes no responsibility for the timeliness, deletion, mis-delivery or failure to provide any content or to store any personalization settings or user materials. no advice or information, whether oral or written, obtained by you from shamed or through or from the site shall create any warranty.
In no event will shamed, its respective officers, directors, employees, members, shareholders, or representatives (and all successors and assigns of any of the foregoing) (collectively “Shamed” for purposes of this Section, Section 13 and Section 17) be liable for any indirect, incidental, special, consequential or punitive damages resulting from the performance, use of or the inability to use the site or information contained therein, even if Shamed has been advised of the possibility of such damages, whether in an action in contract, tort (including negligence), strict liability, violation of statute or otherwise. Shamed will not be liable for the loss of revenue or loss of good will. In any event, our aggregate liability will not exceed the amount paid by you under any agreement with Shamed. Shamed does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the site or any website featured or linked to through the site, and Shamed will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes the criminal acts of others.
You agree to indemnify, defend, and hold Shamed harmless from and against any claim or demand, including without limitation, reasonable attorneys’ fees and disbursements, made by any third-party in connection with or arising out of your use of the Site, your connection to the Site, your violation of the terms or Shamed’s Privacy Policy, your violation of an applicable law, your submission, posting, or transmission of User Content to the Cite, and/or your violation of any rights of another. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses and you will be responsible for the cost of any such defense.
The Site may provide (1) information and content provided by third parties; (2) links to third-party websites or resources, such as sellers of goods and services; and (3) third-party products and services for sale directly to you. Furthermore, the Site may be linked from third-party websites including those that provide you an incentive or reward for visiting. Please note that some of these links may be affiliate marketing links encoded by third-party partners. This means that we may earn or pay a commission when you click on, make Purchases or order the services via affiliate links, and affiliate partners may use cookies to understand your use of the Site. Shamed is not responsible for the availability of such external sites or resources and does is not responsible for (i) any content, advertising, products, or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any business practices of the operators of such sites or resources. Your interactions with such third-parties will be governed by the third-parties’ own terms and policies.
Shamed reserves the right at any time to modify or discontinue, temporarily or permanently, the Site (or any part thereof), with or without notice, subject to the terms of any separate agreements between you and Shamed.
These Terms are effective unless and until terminated by us, subject to the terms of any separate agreements between you and Shamed. Subject to the terms of any separate agreements between you and Shamed, Shamed may deny you access to all or part of the Site at any time for any or no reason at all, with or without notice to you.
please read this section carefully. it affects your legal rights, including your right to file a lawsuit in court.
except where prohibited by law, you and shamed agree that any and all claims, disputes or controversies between you and shamed no matter the basis or origin of any such claim including, without limitation, tort and contract claims, claims based upon any federal, state or local statute, law, order, ordinance or regulation, and the issue of arbitrability, shall be resolved by the final and binding arbitration procedures set below. the parties acknowledge and agree that any such claims shall be brought solely in the party’s individual capacity, and not as a plaintiff or class member in any purported class, representative proceeding, or private attorney general capacity. the parties further agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. the parties voluntarily and knowingly waive any right to a jury trial. any controversy concerning whether a dispute is arbitrable shall be determined by the arbitrator. judgment upon any award rendered by the arbitrator may be entered by a state or federal court having jurisdiction thereof. this arbitration contract is made pursuant to a transaction in interstate commerce and its interpretation, application, enforcement and proceedings hereunder shall be governed by the federal arbitration act (“faa”).
In the event a party elects to proceed with binding arbitration, it shall provide written notice thereof to the other party by registered or certified mail and shall describe in such notice, with reasonable particularity, the nature and basis of such claim and the total amount of the claim. Within thirty (30) days of receipt of such notice, the party receiving notice of a claim shall provide a written response which, with reasonable particularity, sets forth its position concerning the claim. If the parties are unable to resolve the dispute arising from the claim through good faith negotiations to be conducted within the thirty (30) day period following the written response, either party may initiate binding arbitration pursuant to the terms and conditions set forth herein. The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”) and will be administered by the AAA. If the AAA is unavailable or refuses to arbitrate the parties’ dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879. The arbitration shall take place in Chicago, IL, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses).
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial; however, an arbitrator can award the same relief that a court can award.
Separate and apart from the agreement to arbitrate set forth above, the parties hereby independently waive any right to bring or participate in any class action in any way related to, or arising from, this agreement. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void.
YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST SHAMED IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING AND NOT USE OUR SITE.
Shamed IS NOT A CREDIT REPORTING AGENCY (“CRA”) FOR PURPOSES OF THE FAIR CREDIT REPORTING ACT (“FCRA”), 15 USC § 1681 et seq. AS SUCH, THE ADDITIONAL PROTECTIONS AFFORDED TO CONSUMERS, AND OBLIGATIONS PLACED UPON CREDIT REPORTING AGENCIES, ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THESE TERMS.
The information provided by Shamed via the Site has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA. Accordingly, by using the Site you agree that you will not use any of the information you obtain from Shamed in connection with determining a prospective candidate’s suitability for:
Health insurance or any other insurance
Credit and/or loans
Employment
Education, scholarships or fellowships
Housing or other accommodations
Benefits, privileges or services provided by any business establishment.
You also agree that you shall not use any of the information you receive through the Background Information Services to take any “adverse action,” as that term is defined in the FCRA; you have appropriate knowledge of the FCRA; and, if necessary, you will consult with an attorney to ensure compliance with these Terms.
If you would like to remove your personal information from the Site, please contact using the contract information contained below.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws. Responses may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act. It is our policy to document all notices of alleged infringement on which we act.
Please refer to the following detailed instructions which must be followed to protect your rights under the Digital Millennium Copyright Act. Please send all written communications relating to copyright issues to: email: info@shamed.us or write:
Shamed.US, LLC
1 E. Erie St. Suite 525-2935 Chicago, Il. 60611
Fax (630) 871-5502
20.1 Infringement Notification:
To file a notice of infringement, you must provide a written communication (by fax or regular mail — not by email) that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
Your communication must include substantially all of the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identify in sufficient detail the location of copyrighted work that you believe has been infringed upon (for example, “The copyrighted work at issue is the text that appears on https://www.website.com/page.html”) or other information sufficient to specify the copyrighted work being infringed. If multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”
The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
20.2 Counter Notification:
The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.
To file a counter notification with us, you must provide a written communication (by fax or regular mail — not by email) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. To expedite our ability to process your counter notification, please use the following format (including section numbers):
Your communication must include substantially the following:
A physical or electronic signature of the subscriber.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your name, address, and telephone number.
The following statement: “I consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, (or Chicago, IL if your address is outside of the United States), and that I will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.”
The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
Electronic Signature
You acknowledge and agree that by agreeing to this Agreement electronically you are expressly agreeing to the terms set forth herein. You acknowledge and agree that by affixing your electronic signature you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by the terms of this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, 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 THROUGH THE WEBSITE.
Controlling Law and Severability
These Terms will be interpreted in accordance with the laws of the State of Illinois, without regard to its conflict-of-law provisions. If any part of these Terms is considered invalid, it shall be enforced to the greatest extent allowable under the law, with all other provisions to remain in full force and effect as written.
Miscellaneous Terms
23.1 Force Majeure. Under no circumstances shall Shamed or its licensor or supplier be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
23.2 No Waiver; Severability. No waiver of any of these Terms will be binding unless in writing, no waiver of any of these Terms will be deemed a further or continuing waiver of such term or any other term, and the failure of Shamed to exercise or enforce any right or remedy in these Terms does not waive Shamed’s right to the enforcement of that Term or in the future or any remedy for breach of same.
23.3 Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
23.4 Entire Agreement. These Terms (and all terms and conditions incorporated herein along with the terms of any separate written agreements entered into between you and Shamed) shall constitute the entire agreement between you and Shamed and govern your use of the Site and supersede any prior agreements between you and Shamed on the subject matter.
23.5 Assignability. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by Shamed without restriction or your approval.
23.6 Successors and Assigns. These Terms are binding upon and inure to the benefit of each party and the party’s successors and permitted assigns.
23.7 Modification. These Terms may be modified by Shamed in Shamed sole and absolute discretion as provided herein. These terms may only be modified by you with Shamed expressed prior written permission.
23.8 Partnership. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms.
23.9 Electronic Execution. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form.
23.10 Right to Review. These Terms will not be construed against the drafter and you acknowledge that you have been afforded the right to have these Terms reviewed by counsel of your choosing, at your sole expense, prior to accepting these Terms.
23.11 Section Titles. The section titles in these Terms are for convenience only and have no legal or contractual effect.
23.12 Notices. We may deliver notice to you by e-mail, posting a notice on your account through the Site or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following physical or email address:
Shamed.US, LLC
1 E. Erie St. Suite 525-2935 Chicago, Il. 60611
Fax (630) 871-5502
EMAIL: info@shamed.us
23.13. Questions. If you have any questions about these Terms, please contact us at the above-referenced address or email address
