Effective Date: May 23, 2019
Welcome to ShadowMe, Inc. (“ShadowMe”). These Terms of Service (“Terms”) apply to any of our websites that link to these Terms as well as our other related mobile websites, mobile ShadowMe applications (“mobile apps”), services, tools, and other applications that link to these Terms (collectively, the “Site”). The Site provides a medium for students and young people to connect with Career Professionals so that the Career Professional can be shadowed by the user for a period of time to learn about the Career Professional’s day to day activities.
It is important to us that when you use this Site you are fully aware of your respective legal rights and obligations. For that reason, we have created these Terms as the legally binding terms to govern your use of this Site. Please read these Terms carefully before using the Site, because they affect your legal rights and obligations.
1. You Accept These Terms.
2. Updates to Terms.
Please note that these Terms may be revised and reissued, prospectively by posting updated terms on this Site. You consent and agree to receive notices of updates of these Terms through our posting of updated terms on the Site. You should visit this page regularly to review the current terms. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.
3. Legal Capacity.
This is a general audience Site for individuals residing in the United States who are over the age of 18, and those over the age of 13 with their parent’s prior written consent. We will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract). If you are under 18 you may not create an account without our prior written consent, and you and your parent should contact us at email@example.com so that we can obtain your parent’s written permission.
The Site is not intended for users under 13 years of age. If you are under 13, do not use the Site and do not provide us with any personal information.
We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
We do not intend to collect Personal Information/Personal Data as defined by the U.S. Children’s Privacy Protection Act (“COPPA”) (“Children’s Personal Information/Personal Data”) in a manner that is not permitted by COPPA. If you are a parent or guardian and believe we have collected Children’s Personal Information/Personal Data in a manner not permitted by COPPA, please contact us.
4. The Information You Give Us Must be Correct
To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide be correct, current, and complete. If ShadowMe believes the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account.
5. Online Privacy Notice.
6. Disclaimer of Warranties.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR COLLATERAL. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, SHADOWME AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF SHADOWME (“SHADOWME GROUP”) DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS IMPLIED OR COLLATERAL, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SHADOWME GROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SHADOWME GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY WEB SITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE SHADOWME GROUP MAKES NO WARRANTIES OR CONDITIONS THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE SHADOWME GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEB SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES AND CONDITIONS, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
IF YOU ARE ACCESSING THIS SITE FROM THE EUROPEAN UNION OR OTHER JURISDICTIONS THAT TO DO NOT RECOGNIZE DISCLAIMERS OF CERTAIN WARRANTIES, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF EITHER PARTY OR THEIR SERVANTS, AGENTS OR EMPLOYEES.
7. Limitation of Liability.
THE SHADOWME GROUP DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OR MISUSE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEB SITE, OR THE MATERIAL, INFORMATION, SOFTWARE, PRODUCTS, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY OTHER WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE SHADOWME GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF THE SHADOWME GROUP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
8. US Residents: Binding Arbitration of All Disputes; No Class Relief.
(a) US Residents: To the fullest extent permissible by law, with the exception of disputes pertaining to ShadowMe’s intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and ShadowMe arising under these Terms shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any New York state or federal court with substantial experience in the internet industry and shall follow New York substantive law in adjudicating the dispute, except that this Section 8 shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we intend that this Section 8 satisfies the “writing” requirement of the FAA. The hearing shall be conducted in the county that encompasses the billing address you have provided to ShadowMe. For any claim in which you seek U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator decides the dispute without a hearing. Each party shall pay one half of the costs and fees of JAMS and the arbitrator, and each party shall pay its own legal counsel and experts if any used in the arbitration. The prevailing party may seek reimbursement from the non-prevailing party for its costs (including reasonable attorneys fees) and fees incurred by it in the arbitration. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
(b) Non-Us Residents: If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Site or Terms of Service, then you and we agree to send a written notice to the other providing a reasonable description of the Section 8(b) Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 8 (b). Your notice to us must be sent to us at Hello@shadow.me. For a period of sixty (60) days from the date of receipt of notice from the other party, ShadowMe and you will engage in a dialogue in order to attempt to resolve the Section 8(b) Dispute, though nothing will require either you or ShadowMe to resolve the Section 8(b) Dispute on terms either you or ShadowMe, in each of our sole discretion, are unagreeable. Nothing in this Section will prevent a party from pursuing their claims in Court or another complaint process.
9. Trademarks and Copyrights.
This Site and materials incorporated by ShadowMe on this Site, including data files, program files, software, codes and other materials that are made available to download from this Site (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the trademarks, trade names, characters, logos or other images incorporated by ShadowMe on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by ShadowMe or others (“Trademarks”). ShadowMe respects the intellectual property rights of others and asks users of this Site to do the same. The use or misuse of the Copyrights or Trademarks, except as permitted herein, is prohibited and nothing stated or implied on the Site confers on you any license or right to the Trademarks, Copyrights, moral rights, information or other intellectual property rights (whether or not registered) of ShadowMe or any third party.
10. Your Use of Material.
Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms may be a violation of the Copyrights and/or Trademarks protected by law and these Terms and is prohibited.
You may copy, access, download and display Material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, licensed or used in any way unless specifically authorized by ShadowMe. Any authorization to copy or download Material granted by ShadowMe in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THIS SITE (“FORUMS”) ARE NOT NECESSARILY THOSE OF THE SHADOWME GROUP. SHADOWME DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF SHADOWME. SHADOWME MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN SHADOWME’S SOLE DISCRETION BUT IS UNDER NO OBLIGATION TO DO SO. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.
12. Shared Account.
You are not permitted to share your account with any third parties. Any recommendations made to you, analysis performed, or other services provided are specific to you. The usage of your account by any third party would compromise the accuracy and benefits of our services. If we become aware at any time that you are sharing your account with any third party, then we reserve the right to terminate your account immediately, and cease providing you access to all services.
13. Invited Submissions.
From time to time, areas on this Site may expressly request submissions of ideas or improvements through promotions, surveys or otherwise (“Invited Submissions”’). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this Site to govern those submissions (“Additional Terms”), as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content or submissions that you submit to the Site.
14. Our Use of Content.
ShadowMe will consider anything you provide to ShadowMe and/or contribute to this Site as available for our use free of any obligations to you (including any payment), except where solicited Invited Submissions are expressly governed by Additional Terms appearing elsewhere on this Site, in which event those Additional Terms may determine how we will treat your Invited Submissions. Under no circumstances will we pay you for the use of your ideas or submissions.
15. User Content.
Subject to Section 16 below, your account information, resume, career history, educational history, reviews, responses, profile entries, posts, questions, career materials or any other information you provide on or through the Site or that we may create for you may not be able to be deleted once uploaded. For some of our features, other members may be able to request email notifications of your new public content or publish their own comments to your comments. We may use the public content to develop products, make connections with potential employers, personalize site views, market products or identify or feature popular members. By posting or uploading any content to this Site, including personal account information and resume information and/or providing any communication or material to ShadowMe (“User Content”), you automatically and irrevocably:
(a) Retain ownership of your User Content, and grant and assign to ShadowMe and any Career Professional to which your User Content is provided a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by ShadowMe and/or by any person authorized by ShadowMe, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity;
(b) Waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted;
(c) Appoint ShadowMe as your agent with full power to enter into any document and/or do any act ShadowMe may consider appropriate to confirm the grant and assignment, consent and waiver set out above;
(d) Warrant that you are the owner of the User Content and entitled to enter into these Terms and that the User Content does not infringe the proprietary or privacy rights of any third party;
(e) Confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that ShadowMe shall not be liable for any use or disclosure of such User Content.
16. Deletion or Deactivation of User Content/Account.
You may request that we delete your User Content by contacting us as described in these Terms, or through your own account page. When you request that your User Content be deleted, your User Content will no longer be visible to users from ShadowMe Applications but if your User Content, including your personal information, was previously accessed by others using ShadowMe Applications, we are unable to delete the information from their systems. When you deactivate your account or ask that we delete your User Content on ShadowMe Applications we will retain logs and non-personally identifiable information about you along with an archival copy of your information, which is not accessible by you or third parties on ShadowMe Applications but which might be used for recordkeeping and internal purposes.
ShadowMe is not responsible for your User Content that is shared with third parties with your consent, and does not have the power to delete such information once distributed to or accessed by third parties, even after your account is deactivated or deleted.
17. Claims of Infringement.
If you believe that any content appearing on this Site infringes your copyright rights, we at ShadowMe want to hear from you. Please forward the following information in writing to the Copyright Agent at the address listed below:
(a) Your name, address, telephone number, and e-mail address;
(b) A description of the copyrighted work that you claim has been infringed;
(c) The exact URL or a description of each place where alleged infringing material is located;
(d) A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(e) Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
(f) A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
ShadowMe seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service ShadowMe as defined in USC section 512(c) or elsewhere.
18. Product Specifications; Pricing; Typographical Errors.
We do our best to describe every product or service offered on the Site as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the online services is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, ShadowMe shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional Terms may apply.
19. Responsible Use of Site.
20. Content Limitations.
We at ShadowMe require that you do not post resumes, cover letters, send e-mails or submit to or publish through forums available on the Site, or otherwise make available on this Site any content, or act in a way, which in our opinion:
(a) Libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
(b) Disparages, criticizes, belittles, parodies or otherwise portrays in a negative light any actor appearing in the content;
(c) Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(d) Infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
(e) Violates any law or may be considered to violate any law;
(f) You do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
(g) Advocates or promotes illegal activity;
(h) Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
(i) Solicits funds, advertisers or sponsors;
(j) Includes programs which contain viruses, worms and/or ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications;
(k) Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;
(l) Copies any other pages or images on this Site except with appropriate authority;
(m) Includes MP3 format files;
(n) Amounts to a ‘pyramid’ or similar scheme;
(o) Amounts to ‘data warehousing’ (i.e., using any web space made available to you as storage for large files or large amounts of data which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;
(p) Disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or
(q) Contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (q) above.
In addition, you are prohibited from removing any sponsorship banners or other material inserted by ShadowMe anywhere on this Site (e.g., on any web space made available for your use).
If you have a dispute with any other user, Career Professional, company, potential employer or any other third party connected with the Site or services of ShadowMe, you release the ShadowMe Group (defined in Section 6 above) from claims, demands, liabilities, costs or expenses and damages (actual and consequential of every kind and nature, known and unknown), arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You agree to indemnify, defend and hold harmless (including reasonable attorneys fees) ShadowMe and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable legal fees, resulting from any of your actions or omissions or your breach of these Terms, including any of the foregoing provisions, representations, warranties or conditions, and/or from your placement or transmission of any content onto ShadowMe’s servers, and/or from any and all use of your account.
You also agree to indemnify, defend and hold harmless (including reasonable attorneys fees) Career Professionals and their employers, officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable legal fees, resulting from any damage suffered by you (whether property damage, personal injury, tort, contract or otherwise) in any shadowing experience or transmission or receipt of any content onto ShadowMe’s servers, and/or from any and all use of your account. You shall be liable for any of your intentional or negligent actions which cause damage to any Career Professionals or their employers officers, directors, employees, agents, distributors and affiliates.
YOU ARE RESPONSIBLE FOR DOING YOUR DUE DILIGENCE ON ANY CAREER PROFESSIONAL ON THE SITE. SHADOWME DOES NOT GUARANTEE THAT ANY SHADOWING EXPERIENCE WILL BE BENEFICIAL, SAFE OR PLEASANT. SHADOWME DOES A MINIMAL CHECK ON CAREER PROFESSIONALS BUT NOT A FULL BACKGROUND CHECK AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING ANY CAREER PROFESSIONAL. YOU SHOULD OBTAIN INFORMATION FROM THE PUBLIC SOURCES AND THE CAREER PROFESSIONAL PRIOR TO UNDERTAKING ANY SHADOWING OPPORTUNITY.
23. System Abuse.
Without limitation, you agree not to send, create or reply to so called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming” (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of this Site by any other person.
You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Site.
Any usernames and passwords used for this Site are for individual use only. You shall be responsible for the security of your username and password (if any). ShadowMe shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that ShadowMe considers insecure, ShadowMe will be entitled to require this to be changed and/or terminate your account.
25. Violation of Security Systems.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, ShadowMe reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
ShadowMe reserves the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission, posting or e-mails you make or send to any Forum. ShadowMe may seek to gather information from the user who is suspected of violating these Terms, and from any other user. ShadowMe may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If ShadowMe believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. ShadowMe will fully cooperate with any law enforcement authorities or court order requesting or directing ShadowMe to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF THE SHADOWME GROUP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF THE SHADOWME GROUP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER A MEMBER OF THE SHADOWME GROUP OR LAW ENFORCEMENT AUTHORITIES.
In order to use this Site, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem, mobile device, tablet and/or other access devices).
28. Reservation of Rights.
ShadowMe reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.
29. Local Regulations.
ShadowMe makes no representation that Materials or other content on the Site are appropriate or available for use outside of the United States. If you choose to access the Site from other locations you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
30. Third-Party Sites.
This Site may link you to other sites on the Internet. These sites may contain information about job opportunities, employers, colleges, universities, other educational programs or materials or material that some people may find inappropriate or offensive. These other sites are not under the control of ShadowMe, and you acknowledge that (whether or not such sites are affiliated in any way with ShadowMe), ShadowMe is not responsible for the accuracy of job postings, employer descriptions, candidate resumes, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by ShadowMe or any association with its operators. ShadowMe does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to use caution before providing any sensitive information (e.g., social security numbers or financial information) to any third party and to make whatever investigation you feel necessary or appropriate before proceeding with any communications with any of these third parties.
31. Proprietary Online Services.
Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.
32. Jurisdictional Issues.
The Materials and all other content in this Site are presented for the purpose of providing information regarding products available in the United States and elsewhere.
33. Choice of Law.
With the exception of Section 8 which will be construed in accordance with the FAA, to the fullest extent permitted by the applicable jurisdiction, these Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, as they are applied to agreements entered into and to be performed entirely within New York.
34. Payments and Subscriptions.
If you purchase any services that we offer for a fee, you agree that ShadowMe’s third party vendors may store your payment information. You also agree to pay the applicable fees for products/services you order (including, without limitation, periodic fees for monthly or annual subscriptions) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. You can or may be required to sign up for automatic billing or recurring billing for some products or services offered on the Site. Any recurring charge will be fixed at the price agreed to at the time of purchase. The specific billing terms for the products you order will be described on the offer page on the Site. If you sign up for automatic or recurring billing, you will be notified of the billing terms on the Site and how to stop recurring billing. By signing up for ShadowMe products or services with recurring billing, you will be deemed to agree to those billing terms as described specifically on the Site. Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction may be subject to foreign exchange fees or differences in prices, because of exchange rates. Your transaction may be subject to foreign currency exchange fees assessed by your bank or card issuer. ShadowMe has the discretion to alter prices for products/services at any time. ShadowMe is not responsible for any foreign currency exchange fees or surcharges and will not make any compensation or reimbursement for charges imposed by your bank or card issuer. ShadowMe does not support all payment methods, currencies or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your account or such service, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase.
You may cancel your subscription anytime by contacting our customer service department or by going to the online cancel page on your user account page. ShadowMe will send an email with a cancellation number to confirm any cancellation request. If you do not receive this confirmation and still wish to cancel, please contact our customer service department directly for further assistance. ShadowMe may issue a refund if notice of cancellation is provided before the end of any trial period. However, ShadowMe does not guarantee refunds after trials are expired.
You acknowledge that any products or services that you purchase are subject to these Terms and any additional terms related to the provision of any product or service.
35. Shadowing Opportunity Seeker Accounts.
36. Notice for California Users.
Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
37. How To Contact Us.
This Site is controlled and operated by ShadowMe. Please forward any comments, complaints, or questions about the Site or privacy matters to Hello@shadow.me.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and ShadowMe relating to the matters contained here and the Site.