Shore Corporation Website Agreement
The Shore Website (the "Site") is an online information
and communications Site provided by Shore Corporation ("Shore"), subject to your
compliance with the terms and conditions set forth below. Please read this document
carefully before accessing or using the Site. By accessing or using the Site, you agree to
be bound by the terms and conditions set forth below. If you do not wish to be bound by
these terms and conditions, you may not access or use the Site. Shore may modify this
agreement at any time, and such modifications shall be effective immediately upon posting
of the modified agreement. You agree to review the agreement periodically to be aware of
such modifications and your continued access or use of the Site shall be deemed your
conclusive acceptance of the modified agreement.
- Use of the Site - You assume total responsibility and risk for
your use of the Site and the Internet. Shore does not make any express or implied
warranties, representations or endorsements whatsoever (including without limitation
warranties of title or noninfringement, or the implied warranties of merchantability or
fitness for a particular purpose) with regard to the Site, any merchandise or information
provided through the Site or on the Internet generally, and Shore shall not be liable for
any cost or damage arising either directly or indirectly from any such transaction. It is
solely your responsibility to evaluate the accuracy, completeness and usefulness of all
merchandise and other information provided through the Site or on the Internet generally.
Shore does not warrant that the Site will be error-free or that defects in the Site will
be corrected. The Site and the products are provided on an "as is, as available"
basis. In no event will Shore be liable for (I) any incidental, consequential, or indirect
damages (including, but not limited to, damages for loss of profits, business
interruption, loss of programs or information, and the like) arising out of the use of the
Site, or any products obtained from the Site, even if Shore or its authorized
representatives have been advised of the possibility of such damages, or (II) any claim
attributable to errors, omissions, or other inaccuracies in the Site. Because some states
do not allow the exclusion or limitation of liability for consequential or incidental
damages, the above limitation may not apply to you. In such states, Shores liability
is limited to the greatest extent permitted by law.
- Indemnification - You agree to indemnify, defend and hold
harmless Shore, its officers, directors, employees, agents, licensors, suppliers and any
third party providers from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other person accessing the Site.
- Third Party Rights - The provisions of paragraphs 1 (Use of
the Site), and 2 (Indemnification) are for the benefit of Shore and its officers,
directors, employees, agents, licensors, suppliers, and any third party providers to the
Site. Each of these individuals or entities shall have the right to assert and enforce
those provisions directly on its own behalf.
- Term; Termination - This Agreement may be terminated by either
party without notice at any time for any reason. The provisions of paragraphs, 1 (Use of
the Site), 2 (Indemnification), 3 (Third Party Rights) and 5 (Miscellaneous) shall survive
any termination of this Agreement.
- Miscellaneous - This Agreement shall all be governed and
construed in accordance with the laws of the State of Pennsylvania applicable to
agreements made and to be performed in Pennsylvania. You agree that any legal action or
proceeding between Shore and you for any purpose concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a federal or state court of
competent jurisdiction sitting in Pennsylvania. Any cause of action or claim you may have
with respect to the Site must be commenced within one (1) year after the claim or cause of
action arises or such claim or cause of action is barred. Shores failure to insist
upon or enforce strict performance of any provision of this Agreement shall not be
construed as a waiver of any provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any provision of this Agreement. . Shore
may assign its rights and duties under this Agreement to any party at any time without
notice to you.
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