Term of Use

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Terms of Use

Last Modified: August 10, 2018

Welcome to Shoclef.com (collectively with our websites and applications and any content accessible through our websites and applications, “Services”). Please review the dispute resolution provision below carefully, as it requires you to resolve disputes with us on an individual basis through arbitration. You will reimburse us all attorney’s fees, court fees, and other expenses if we prevail in the dispute. However, if we are found liable to you for any damage or loss, which is in any way connected with our use of our Services, then our liability will not exceed $100.00 USD. We provide web-based platforms to connect you with other users and businesses. We are not liable to you for the products or services made available on our Services. Please treat other users with courtesy and respect, as you are solely responsible for your interactions with other users and businesses.

1. Acceptance of Terms of Use

1.1 These terms and conditions, together with the Privacy Policy (incorporated by reference; collectively these “Terms of Use”) govern your access to and use of the Services, including any content, functionality and services offered on or through the Services, whether as a guest or a registered user. Please read these Terms of Use carefully before you start using the Services. By using the Services, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Services.

1.2 By using the Services, you represent and warrant that you are of at least 18 years of age. If you do not meet this requirement, you must not access or use the Services.

1.3 We respect the privacy of its users. All information we collect on the Services is subject to our Privacy Policy.. Please refer to our Privacy Policy, which explains how we collect, use, and disclose information that pertains to your privacy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

1.4 Additional terms and conditions may also apply to specific portions, services or features of the Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

2. Changes to the Terms of Use

2.1 We may update these Terms of Use from time to time in our sole discretion. We will notify you on the Services before we make changes to these Terms of Use and give you the opportunity to review before continuing to use our services. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. We are not liable to you for any change or discontinuance, in whole or in part, of the Terms of Use or the Services.

2.2 Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You should check this page each time you access the Services so that you are aware of any changes, as they are binding on you. You further agree to review these Terms of Use periodically and to make yourself aware of these changes.

3. Accessing the Services and Account Security

3.1 We may withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We are not liable if all or any part of the Services is unavailable at any time, or for any time period. From time to time, we may restrict access to some parts of the Services, or the entire website, to users, including registered users.

3.2 To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current and complete.

3.3 If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. Your account is personal to you and you will not provide any other person with access to the Services or portions of it using your user name, password or other security information. You will notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security of your account.

3.4 We have the right to disable any user name, password or other identifier, at any time in our sole discretion for any or no reason, including if you have violated any provision of these Terms of Use.

4. Intellectual Property Rights

4.1 The Services and all related content, software, applications, features and functionality (including but not limited to all information, code, drawings, graphics, metadata, meta tags, marking information, page format and style, pictures, phrases, product descriptions, text, displays, images, video and audio, and the design, selection and arrangement thereof, the compilation of all of the foregoing and all intellectual property rights and goodwill associated therewith) (collectively referred to as “Content”) are owned or licensed by Shoclef Corporation Limited and managed by its family of companies based on the regions, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. We reserve all rights in and to the Content. Unless we expressly grant you such right, we do not grant you any right, title or interest in or to any part of the Content.

4.2 You will not copy, reproduce, publish, distribute, transmit, disseminate, display, exhibit, edit, modify, and create derivative works from, or exploit in any way, any part of the Content. You will not frame or utilize framing techniques to enclose our trademark, logo, or other proprietary information. You will not use any meta tags or any other "hidden text" utilizing our name or trademarks. You will not delete, remove or otherwise alter any copyright, trademark or other proprietary notice appearing in or on the Content. You will not take any action to jeopardize, limit or interfere in any manner with our rights in and to the Content. You agree not to portray us, our products or the Services in a false, misleading, derogatory or otherwise offensive manner. We reserve the sole and exclusive right at our discretion to assert claims against third parties for infringement or misappropriation of its intellectual property rights in the Content. The Services may contain Content owned or licensed by third parties. All restrictions set forth in these Terms of Use equally apply to all Content owned or licensed by third parties.

4.3 Our name, the terms, logo, trademarks, and all related names, logos, product and service names, designs and slogans our trademarks (or our affiliates’ or licensors’). You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

5. Grant of License

5.1 Subject to the restrictions in these Terms of Use, you may use the Services to review information about us and to interact with other users and to purchase or sell services or products offered by other users or business partners. You may only use our application for the purpose of accessing the Services on your devices. You will not, or assist or direct any third person to: (i) extract, separate, remove or otherwise copy the Content; (ii) disassemble, decompile, reverse engineer or otherwise convert any part of the Content to source code or a human-perceivable form; (iii) adapt, modify or create a derivative work of the Content; (iv) distribute, encumber, lease, rent, sell, transmit, transfer, or otherwise dispose of the Content, in whole or in part; or (v) use the Content for any other purpose.

5.2 If you use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. We have transferred no right, title or interest in or to the Services or Content, and we reserve all rights not expressly granted. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

6. Prohibited Uses

6.1 We strive to provide a friendly environment to our users. You agree to be courteous, respectful, and professional when you interact with other users and while using our Services. You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • In any way that violates or infringes third-party’s rights (intellectual property rights, privacy rights, publicity rights, and other rights available under the law).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To offer for sale or purchase any products or services that are illegal or are inconsistent with the Product Listing Policy, incorporated into these Terms of Use by reference.
  • To encourage or incite behaviors that may be illegal or may cause personal harm or property damage.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material that is inconsistent with our policies, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate us, our employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or our users or expose them to liability.

6.2 Additionally, you agree not to:

  • Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
  • Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
  • Drive traffic to other sites or abuse our referral system.
  • Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Services.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer or database connected to the Services.
  • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Services.
  • Harass, intimidate, or make false claims of other users of our Services.

7. User Contributions

7.1 The Services may contain message boards, chat rooms, personal web pages or social media account profiles, forums, bulletin boards and other interactive features (collectively, ”Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, ”post”) content or materials you have created, including but not limited to photographs, your social media handle, videos, and comments (collectively, ”User Contributions”) on or through the Services. We do not pre-screen content that you or other users post to the Services and we do not guarantee that the information is true, accurate or current or otherwise false, misleading, inaccurate, fraudulent, deceptive or illegal. All User Contributions must comply with these Terms of Use. By posting on the Services, you represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns and that the information provided is true, accurate, current and correct information.

You also agree to observe and follow the following posting rules:

  • Do not impersonate anyone else.
  • Do not post any content that includes information that is false, misleading, inaccurate, fraudulent, and deceptive or that promotes illegal activity.
  • Do not post anything that would cause personal harm or property damage to anyone.
  • Do not post any content or information in violation of any laws.
  • Do not post content that is offensive, libelous, defamatory, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic or sexually explicit.
  • Do not speculate or post rumors about us, our products or any other person or entity.
  • Do not post information that you do not own or control all rights thereto. You are responsible for all content that you post.

7.2 You retain all ownership of the User Contributions. Any User Contributions you post to the Services will be considered non-confidential and non-proprietary. By providing any User Contributions on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such content or information.

7.3 If you provide promotional or advertising materials through our Services to promote your services or products, you agree that such materials are truthful and accurate. The promotion must also comply with all applicable laws (such as any applicable sweepstake law). You agree to be fully responsible for the materials and to indemnify us against any claims or damages arising out of or related to your materials. You will reimburse us for any expenses and fees related to the materials, including any customer services or legal fees incurred as relate to your materials.

7.4 We may allow you to communicate with other users through chat, video chat, or other methods. By using the feature, you agree that we may retain a copy of the communication for internal purposes, such as to investigate fraud or misconduct. You also grant us a license to use the communication, your user name, your likeliness, and other content that appears in the communication for the purpose of marketing and promoting our Services.

8. Monitoring and Enforcement; Termination

8.1 We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution as necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or exposes us to any liability.
  • Disclose your identity or other information about you to any third party who claims that material posted by you is illegal or violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
  • Terminate or suspend your access to all or part of the Services in our discretion, including without limitation, any violation of these Terms of Use.

8.2 Without limiting the foregoing, we have the right to disclose the identity or other information of anyone posting any materials on or through the Services to the extent it complies with any requests from law enforcement authorities or court order without any liability to you.

9. Products and Information Available Through Our Services

9.1 The information presented on or through the Services is made available solely for general information purposes. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

9.2 We provide web-based platforms for exchanging information between buyers and sellers of products and services. We additionally provide web-based transaction platforms for you and other users to place, accept, conclude, manage, and fulfill orders for the provision of products and services online within the Services, subject to these Terms of Use. However, for any Services, we do not represent either the seller or the buyer in specific transactions. We do not control and are not liable to the users for the quality, safety, lawfulness or availability of the products or services offered for sale on the Services or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.

9.3 The Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators or reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

9.4 There may be risks of dealing with people acting under false pretenses. We use several techniques to verify the accuracy of certain information our paying Users provide us when they register with us. However, because user verification on the Internet is difficult, we cannot and do not confirm each User's purported identity. We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.

9.5 We may offer you products or services for purchase. We may make these products or services available under our brand or under our partners’ brands. Unless expressly stated at the time of purchase, these products and services are offered to you AS-IS without any warranties. We make no warranties as to the quality or performance of the products and services. Any descriptions of the products and services are for general information only, and do not constitute any warranty related to the products or services.

9.5 You fully assume the risks of conducting any purchase and sale transactions in connection with using the Services, and you fully assume the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Services. Such risks may include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, claims that the product or services that infringe third-party rights, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents. We are not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise as result of or in connection with the transaction between you and other users of the Services.

9.6 You are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. You will provide all information and materials as we may reasonably require in connection with your transactions conducted on, through or as a result of use of the Services. We may suspend or terminate any User’s account if you fail to provide the required information and materials.

9.7 We are not responsible or liable for any services, products, or information provided by other users or our business partners. We are not responsible or liable for the conducts or recommendations of other users or business partners. We are not responsible or liable for any injury or damages that you may suffer through your interaction with other users or through your use of the Services. Your ability to provide or obtain goods and services through the Services does not make us a provider of logistics or delivery services, TV channel, telecommunications company, or as a transportation carrier.

9.8 If you have a dispute with any party to a transaction, you will release and indemnify us (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.

9.9 We endeavor to provide you with a secure platform and we expect you to do the same for your buyers. As such, please do not: (a) make transactions outside of our payment system, (b) attempt any fraud or launder money, (c) attempt to drive traffic to another site, (d) abuse our referral system, (e) make false claims against other users, or make other users do something illegal or hurt them in some way, and (f) ask for password or username from other users.

10. Different Roles Within the Services.

10.1 You may be able to choose the role when you log into the Services. By selecting a specific role, you agree to the additional terms for that role.

10.2. Buyer. As a “buyer”, you are able to view available goods and services, communicate with other users, and purchase the goods and services. You must not encourage or instruct others to engage in behaviors that may be illegal or may cause personal injury or property damage. Please review the products and services carefully before your purchase as you assume full risks and liabilities related to the products and services. You agree that your transaction is between you and the entity offering the goods and services. We are not liable or responsible for any claims or complaints you may have on the goods and services that you’ve purchased.

10.3 Observer. As an “observer”, you are able to view available goods and services and communicate with other users. You must not encourage or instruct others to engage in behaviors that may be illegal or may cause personal injury or property damage.

10.4 Player. As a “player”, you are able to communicate with other users who may request you to perform certain tasks. You must not perform anything that may be illegal or may cause personal injury or property damage.

10.5 Personal Shopper. As a “personal shopper”, you are able to communicate with other users who may request you to procure certain items on their behalf. You must be truthful and depict the goods accurately (such as the quality and the price). You must purchase and deliver the goods in accordance with the terms that you agree to between you and the user making the request. You are responsible for collecting any fees from the users making the request.

10.6 Service Provider. As a “service provider” you are able to communicate with other users who may request you to perform certain services or provide certain advices. You agree to charge a fair price for your services. You must perform the services in a competent, professional, truthful, and workman-like manner. You must not provide services where you lack the knowledge or expertise, or where you lack the necessary licenses or qualifications to provide the services. You must not perform anything that may be illegal or may cause personal injury or property damage. You are responsible for performing the Services under the terms that you agree to and collecting any fees from the users making the requests.

10.7 Business. As a “business” you are able to communicate with other users and offer for sale your goods. You agree to charge a fair price for your goods. You must be truthful and depict the goods accurately (such as the quality and the price). You must not offer for sale goods that may be illegal or may cause personal injury or property damage. You must not offer for sale goods that are prohibited by our Services. You are responsible for the sales of the goods under the terms that you agree to with other users and collecting any fees from the users making the purchase.

11. Linking to the Services and Social Media Features

11.1 You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

11.2 The Services may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Services.
  • Send e-mails or other communications with certain content, or links to certain content, on the Services.
  • Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as we have provided and solely with respect to the content they are displayed with and otherwise in accordance with these Terms of Use. Subject to the foregoing, you must not:

  • Establish a link from any website that you do not own.
  • Cause the Services or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Services other than the homepage.
  • Otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms of Use.

11.3 The Services from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms of Use.

11.4 You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

12. Links from the Services

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party sites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

13. Geographic Restrictions

We are based in California, United States. We make no claims that the Services or any of its content is accessible or appropriate in your country. Access to the Services may not be legal by certain persons or in certain countries. You access the Services on your own initiative and are responsible for compliance with local laws.

14. Our Usage and Storage of Information

We may establish standard practices and limits regarding the use of the Services, including the type of user-posted content permitted on the Services, maximum number of days user-created content is displayed, accessible or retained by us or the maximum number of e-mails an account will send or receive and the maximum disk-space allotted to each end user. We are not liable for the preservation or deletion of any content or personal information maintained by the Services. We reserve the right to modify its usage and storage of content and information from time to time.

15. Referral and Promotional Code

We may create referral or promotional code (“Promotional Codes”) that may be redeemed for discounts on future Services or services and products offered by other users or business partners. You agree that Promotional Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by us; (iv) may only be used pursuant to the specific terms that we establish for such Promotional Code; (v) are not valid for cash; and (vi) may expire prior to your use. We reserve the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promotional Codes by you or any other user in the event that we determine that the use of the referral system or use or redemption of the Promotional Code was in error, fraudulent, illegal, or otherwise in violation of these Terms of Use.

16. Payment

16.1 We may charge you for your use of our Services in accordance with our Pricing Policy, which may be updated from time to time and incorporated into these Terms of Use by reference.

16.2 Connection Fee. You may connect with another user or business by “going live” or connect through our Services. Connection Fees are based on the number of minutes that you are “live” or connected with that user or business, starting the moment you are “live” or connected. The Connection Fees vary depending on the type of users whom you are connecting. Unless otherwise stated at the time of connection, the following rates apply:

  1. You may go live with a Service Provider at the rate specified at the time of connection, with the minimum rate of $0.40 per minute.
  2. You may go live with a Business or a Personal Shopper at the rate of $0.40 per minute.
  3. You may go live with a Player for free or at the rate that Player specified at the time of connection.

16.3 Revenue Sharing. For any Connection Fees you receive from other users of our Services, you will pay us 50% of the Connection Fees. If you receive payment for the goods and services that you make available through our Services, or if you receive payment as “tips” to perform certain actions through our website and application, then you agree that we are entitled to, and you will pay us 20% of the payment and tips you may receive.

16.4 Additional Documentation. We may require additional proof of purchase, receipt, or invoice before we credit the payment to your account. You must provide valid and truthful documents as required before we complete the transaction.

16.5 Charges Related to Goods and Services. Your use of the Services may result in charges to you for the services or goods you receive ("Charges"). We will receive or enable your payment of the applicable Charges for services or goods obtained through your use of our Services. Charges will be inclusive of applicable taxes or government fees where required by law. Charges may include other applicable fees or surcharges. You are responsible for all Charges that you have incurred through our Services. You will reimburse us for any fees that we may incur as relate to these Charges. To the extent that you are receiving payments from other users of our Services, you are also responsible for all taxes related to the payments and will indemnify us against any claims related to these payments.

16.6 Payment Method. We will enable all Charges and payments using the preferred payment method designated in your account. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, we may use a secondary payment method in your account, if available. If available, we may allow you to pay for the goods and services through the credits you may purchase from our Services. Any payments by you (whether for the Connection Fees, for the credits, or for the purchases of goods and services) are final and non-refundable. Any dispute related to the goods and services is between you and the other user, and you will release us from and indemnify us against any claims related to the goods and services you may purchase.

16.7 We may establish, remove, or revise Charges for any or all services or goods obtained through the use of the Services at any time in our sole discretion. We may provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services. Such promotional offers and discounts, unless also made available to you, have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on other user or our business partners’ behalf. In certain cases, Charges you incur will be owed directly to other user or our business partner, and we will collect payment of those charges from you, on other user or our business partner’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the other user or business partner. You will be responsible and have agreed to pay for any fees and expenses related to the collection of payment for the Charges.

16.8 Deductions and Withholding. We may deduct from your account without notice any fees and expenses related to the goods and services you make available through our Services, or related to your use of our Services. We require that you accrue at least US $100 (or other amount as we deem sufficient) in your Shoclef account before we transfer the payment to a bank account that you designate.

17. Disclaimer of Warranties

YOUR USE OF THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. EXCEPT AS PROHIBITED BY LAW, WE DISCLAIM ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THIS SITE. WE MAKE NO REPRESNTATION OR WARRANTY THAT THIS SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OUR SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Limitation on Liability

IN NO EVENT WILL WE, OUR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY SITES LINKED TO IT, ANY CONTENT ON THIS SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. HOWEVER, IF WE ARE FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES OR ANY CONTENT, OUR LIABILITY WILL NOT EXCEED $100.00 USD.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19. Indemnification

You will indemnify us, our parent company, shareholders, affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your User Contributions, the products or services that you offer through the Services, your violation of these Terms of Use, your conducts, or your use of the Services or Content.

20. Governing Law

Your relationship is with Shoclef Corporation Limited, a Hong Kong company. We may delegate some of the Services to our family of companies. You agree that our affiliate may invoice you on our behalf or for the Services that our affiliate provides to you. If you reside in the U.S., then all matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), are governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). If you reside outside of the U.S., then the laws of the Netherlands will govern these matters and disputes. You may have additional rights under the law. We do not seek to limit those rights where it is prohibited by law.

21. Dispute Resolution

21.1 Process. For any concern or dispute you may have, you agree to first try to resolve the dispute informally by contacting us. If a dispute is not resolved within 30 days of submission, you or we must resolve any claims relating to these terms or the Services through final and binding arbitration.

21.2 Rules. American Arbitration Association (“AAA”) will administer the arbitration in San Francisco, California pursuant to AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. There will be one arbitrator that you and we both select. The arbitration will be conducted in the English language, but any witness whose native language is not English may give testimony in the witness’ native language, with simultaneous translation into English (at the expense of the party presenting the witness). Judgment upon the award rendered may be entered and will be enforceable in any court of competent jurisdiction having jurisdiction over the parties.

21.3 No Class Actions.

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

21.4 Limitation on Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

22. Miscellaneous

22.1 Waiver and Severability.

Our failure to enforce or exercise any of these terms is not a waiver of that section. If a particular term is not enforceable, the unenforceability of that term will not affect any other terms.

22.2 Entire Agreement.

These Terms of Use and Privacy Policy constitute the sole and entire agreement between you and us with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

22.3 Non-Assignment.

You may not assign or otherwise transfer these terms or your rights and obligations under these terms, in whole or in part, without our written consent and any such attempt will be void. We may transfer our rights under these terms to a third party.

22.4 Notice.

We may notify you by email, postal mail, postings within the Services, or by written communication sent by first class mail or pre-paid post to any address connected with your account. We may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers you provided in connection with your account in a manner as stated in our Privacy Policy. Such notice is deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to us, with such notice deemed given when received by us., at any time by first class mail or pre-paid post to Shoclef Inc., 995 Market Street, San Francisco, CA 94103 or legalnotices@shoclef.com.

23. Notice of Infringement Claims

If you believe that your work has been improperly copied and posted to the Services, please provide us with your name, address, telephone number, e-mail address, a physical or electronic rendering of your signature, a description of your copyrighted work, a description of the location of your copyrighted work on the Services and a statement by you made under penalty of perjury that the above information is accurate and that you are the copyright owner or otherwise authorized to act on behalf of the copyright owner.

24. Your Comments and Concerns

In the event any objectionable content or information appears on the Services, you may notify us in writing of the objectionable content. We will make a good-faith effort to investigate all allegations of objectionable content that violates the Terms of Use but we do not represent or warrant that we will take any action relating thereto.

Thank you for visiting Shoclef.com.

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