Terms & Conditions of Use.
The 12 Shapes Survey is offered as a service of 12 SHAPES Inc. and was created to enable everyone to discover, develop, and improve their behavior and their relationships, in every aspect of their lives. Your use of 12 Shapes products or services is governed by these Terms of Use. You should not use 12 Shapes products or services if these Terms are unacceptable to you.
12 Shapes Inc. may, in its sole discretion, modify or revise this Agreement and may impose new or additional terms at any time by updating or modifying the Terms of Use. Changes to the Terms of Use will be posted to the 12 Shapes website (www.12shapes.com). Such modifications and additional terms will be effective immediately and incorporated into these Terms of Use. Continued use of the website, materials, and associated products implies acceptance of the updated and modified terms. Thus, 12 Shapes encourages all users to visit the website periodically to review the Agreement.
12 shapes reserves the right to change, suspend, or discontinue any aspect of its products and services at any time, including the availability of any feature, database, or content. 12 Shapes may also impose limits on certain features and services or restrict your access to parts or all of its offerings without notice or liability.
For the purposes of these Terms of Use, the words content, survey(s), tool(s), and Shape(s), refer jointly and separately to the 12 Shapes products and services.
12 Shapes Content
All 12 Shapes materials published by 12 Shapes Inc or Claritypoint Coaching in any form of media, including, but not limited to, text, news articles, photographs, images, illustrations, audio clips, video clips, poll results, trademarks, service marks, logos, training materials, and other material (collectively, the "Content"), are protected by U.S. and international copyright and other intellectual property laws and are owned or controlled by 12 Shapes, Inc. or the party credited as the provider of the Content.
You may use the Content on the 12 Shapes website and App and from the 12 Shapes or Claritypoint Coaching programs for personal use only. You may not use the materials or content for corporate, organization, association, company or group use. If you wish to use the 12 Shapes Survey, materials or content in or with a corporation or group you must purchase a license for use separately. If you are purchasing or accessing 12 Shapes Content for use by someone other than yourself, you are responsible for complying with the additional Professional Conduct Rules.
You may not copy or republish Content from the website or 12 Shapes or Claritypoint Coaching materials. Materials that may be duplicated must be reproduced without modifications and must retain the appropriate copyright. To protect the science and concepts behind 12 Shapes work, 12 Shapes Inc. reserves the right to audit any user created content. Based on the results of that audit, 12 Shapes may require modification of the user created content.
For specific trademark and copyright information, please review the Trademark and Copyright Guidelines.
The Survey offered on the 12 Shapes Site and App are intended to be used by individuals aged 12 years and over. If you are a school administrator, teacher, or otherwise part of an educational setting and you intend to have students participate in the 12 Shapes Survey, you agree to take all necessary actions to comply with applicable student privacy laws, including, but not limited to, the Family Educational Rights and Privacy Act (FERPA).
Representations, Warranties, and Limitation of Liability
The 12 Shapes website, App and Content are provided on an "as is" basis. 12 SHAPES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS. Under no circumstances, including, but not limited to, negligence, shall 12 Shapes Inc., its subsidiaries, affiliates, agents, or licensors be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or the inability to use 12 Shapes materials, products, or services. You specifically acknowledge and agree that 12 Shapes Inc. is not liable for any defamatory, offensive, or illegal conduct of any user. You agree that any kind of legal claim (whether in Contract, Tort, or otherwise) in any way connected with 12 Shapes or the Content on 12 Shapes sites shall not exceed the amount you paid to 12 Shapes for the use of the content. If you are dissatisfied with any 12 Shapes materials, products, or services or with any 12 Shapes product terms and conditions, your sole and exclusive remedy is to discontinue using the 12 Shapes based product.
Indemnification
You agree to indemnify and hold 12 Shapes, its officers, directors, shareholders, predecessors, successor in interest, employees, agents, subsidiaries, and affiliates harmless from any demands, loss, liability, claims, or expenses (including attorneys` fees), made against 12 Shapes by any third party due to or arising out of or in connection with your use of the 12 Shapes website or the Content.
Passwords, Accounts, and Access Codes
To access 12 Shapes sites, app and content, you will need to provide an email address, username, and password during the account creation process. You are responsible for maintaining the confidentiality of passwords and account information and are responsible for all acts or omissions that occur while your password or account is used. You may not use the 12 Shapes website, or any Content for any unlawful purpose. You agree to notify 12 Shapes immediately of any unauthorized use of your password or account or any other breach of security and to ensure that you exit your account at the end of each session. 12 Shapes cannot and will not be liable for any loss or damage arising from your failure to protect your password and account information. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at 2 Shapes sole discretion, and 12 Shapes may refer you to appropriate law enforcement agencies.
Purchases
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features from 12 Shapes website or other 12 Shapes websites, all of which are made a part of these Purchase and Use Terms. If there is a conflict between the Purchase and Use Terms and the terms posted for, or applicable to, a specific portion of any service offered on or through the 12 Shapes website or other 12 Shapes websites, the latter terms shall control with respect to your use of that portion of the website or the specific service.
You agree to pay or have paid all fees and charges incurred in connection with your email address and password for 12 Shapes sites (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. 12 Shapes may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. All purchases are final. No refunds will be granted.
Privacy of Information
The provisions of the 12 Shapes Privacy Policy, which also govern your use of all 12 Shapes websites, are incorporated into these Purchase and Use Terms. Acceptance of these Purchase and Use Terms implies that you have read and understand how we collect and use information about you and that you accept those provisions.
Termination
You may terminate your account at any time by discontinuing use of the 12 Shapes program. 12 Shapes may cancel or terminate the right to use 12 Shapes or any part of the 12 Shapes program at any time without notice. In the event of termination, access to the part of the 12 Shapes program affected by such cancellation or termination is no longer authorized. The restrictions imposed with respect to material downloaded from 12 Shapes sites, and the disclaimers and limitations of liabilities set forth in this Use Agreement, shall survive. This includes, but is not limited to, trademark and copyright protections.
Miscellaneous
This Agreement constitutes the entire agreement between 12 Shapes and you with respect to the subject matter contained in this Agreement and supersedes all previous and contemporaneous agreements, proposals, and communications, written or oral.
By using the 12 Shapes website or any Content, you agree that any dispute, claim, or cause of action arising out of or relating to your use of the website or the Content will be resolved by binding arbitration by the American Arbitration Association under the Arbitration Rules then in effect. Any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. The applicable law shall be the Federal Arbitration Act, applicable federal law, and the laws of the state of Nebraska.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the 12 Shapes website or app, in violation of any applicable law or regulations, including without limitation United States export laws and regulations.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
If any provision of this Agreement 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.
During the account registration process, you are giving your express consent to opt in to receive additional information and promotional materials via email, SMS or notifications. You may opt out of this communication at any time in your account settings.
Trademark and Copyright Guidelines
- You may not use the 12 Shapes® trademark without prior written permission from 12 Shapes Inc.
- Always use an appropriate trademark acknowledgment. A trademark acknowledgment alerts the readers to the ownership of the trademark. Use the acknowledgement in printed materials and in websites. Example: Clifton StrengthsFinder® is a registered trademark of Gallup, Inc. A complete listing of 12 Shapes trademarks can be found on our website.
- 12 Shapes instruments may not be reproduced in any form without the written permission of 12 Shapes Inc.
- The trademark may be used in a factual context to identify the use of the instrument. You shall not use any 12 Shapes trademark in any manner that states or implies that the services being provided by you in connection with the 12 Shapes Survey are provided by or sponsored by 12 Shapes, or that you are employed by, affiliated with, or sponsored by 12 Shapes.
- Always use the trademark in the way it was intended to be used. Do not alter the trademark in any way. Do not parody a trademark or portray it in a negative way.
- Use of the 12 Shapes® trademark must refer only to the genuine trademark.
Your use of the services available on and through this website and app belonging to 12 Shapes Inc. (the "Services" and the "Survey") is governed by the following terms and conditions (this "Agreement"). By using the Services, you agree to be bound by this Agreement, whether you are a visitor, which means that you simply browse the Site, App, or any of its applications, or you are a user with a registered account ("Registered User").
The term "User" refers to any visitor to the Site, App or Registered User, unless provided otherwise. You are only authorized to use the Services if you agree to abide by all applicable laws and this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Site or any of its applications and discontinue use of the Services immediately. If you wish to become a Registered User, communicate with other Users, and make full use of the Services, you must read this Agreement and indicate your acceptance during the registration process.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAINIMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIESAND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNSHOW DISPUTES WILL BE RESOLVED.
1. Eligibility.
Use of Services is void where prohibited. By using the Services, you represent to us that (a) any registration information that you submit is truthful, accurate and otherwise owned by (or licensed to) you; and (b) your use of the Services does not violate any applicable law or regulation.
2. Registration.
Browsing of the Site and App`s public pages is provided free of charge to any person. However, access to certain functionalities of the Site will require you to register or subscribe with and/or provide certain information to us. We reserve the right to decline to provide Services to any person for any or no reason.
When you sign up to become a Registered User, you will be asked to create a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time or disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all uses of your account.
In order to participate in certain Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Any such additional terms are hereby incorporated by reference into this Agreement.
3. Limited License.
12 Shapes authorizes you to listen to and watch materials on this Site and App for the purpose of viewing and learning. You may also print portions of the Site in hard copy for the sole purpose of facilitating your personal, noncommercial use and retention of information from the Site.; provided, that (i) you must retain all trademark, copyright, and other proprietary notices contained in the original materials, (ii) you must provide attribution to 12 Shapes, and if possible provide a reference to the Site, (iii) the material must be printed in its entirety without modification, reformatting or adaptation of any kind, (iv) any such hard copies are subject to the terms and conditions of this Agreement and remain the property of 12 Shapes, and (v) you agree to advise any person to whom you share the materials as to this Agreement and they must agree to abide by this Agreement. You may not sell or modify the materials or reproduce, republish, display, publicly perform, distribute, or otherwise use the material in any way for any public or commercial purpose other than through the Services or the Site. Unauthorized use of the Services for any other purpose is prohibited.
You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Site or the Services. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Site or its content without our prior written permission. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks and other proprietary rights of 12 Shapes Inc. or others.
4. User Content.
Except as provided in the Agreement, 12 Shapes does not claim any ownership rights in the images, photos, or any other materials (collectively, "Content") that you post or upload to the Site or App and/or through the Services ("User Generated Content"). After posting or uploading your User Generated Content to the Site and/or through the Services, you continue to retain all your ownership rights in such User Generated Content except as set forth in this Agreement.
You are solely responsible for any third party Content in your User Generated Content and for the use of the User Generated Content, including on our Site and through the Services. We reserve the right to remove such Content, your User Generated Content and/or any other content in our sole and absolute discretion.
You hereby grant to us and our licensees, distributors, agents, independent contractors, representatives and other authorized users (collectively, the "12 Shapes Entities"), a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such User Content, in whole or in part, in all media formats and channels now known or hereafter devised (including, without limitation, on the Site or any related or affiliated sites, on third party web sites, cable networks and stations, broadband and wireless platforms, and or on any other products and services) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the "Content License"). You appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm, fully utilize, or enforce the grant of rights, consents, agreements, assignments and waivers set forth in this Agreement.
You represent and warrant to us that:
(i) you own the User Generated Content or otherwise have the legal right to post or transmit the User Generated Content in accordance with the terms of this Agreement,
(ii) the posting or other transmission of the User Generated Content on or through the Services or Site or otherwise by 12 Shapes or the 12 Shapes Entities does not violate the privacy rights, publicity rights, intellectual property rights (copyrights, patents, trademarks), contract rights or any other rights of any person or entity,
(iii) without limiting this Agreement, you have provided your consent to the use of User Featured Content from which 12 Shapes has obtained, directly or indirectly, such User Feature Content. To the extent that any of the User Content on the Site and/or Services features a child of User under the age of 18, User is deemed to have consented to the Content License on such child`s behalf and the foregoing representations with regard to such Content, and such child shall also be deemed to be a User for purposes of this Agreement.;
(iv) you have no agreement with or obligations to any third party with respect to the rights herein granted which conflict or interfere with or adversely affect any of the provisions of this Agreement or the use or enjoyment by us of any of the rights herein granted You have secured and will maintain all rights necessary for us to use and enjoy the rights herein granted. You have not sold, assigned, transferred or conveyed, and will not sell, assign, transfer, or convey, to any party any right, title, or interest in and to the rights herein granted or any part thereof, adverse to or in derogation of the rights herein granted to us; and
(v) If you are under eighteen (18) years of age, you further warrant and represent that you either: (I) are an emancipated minor, or (II) possess legal parental or guardian consent to enter into this agreement and use the site and services.
(vi) To the extent any "moral rights," "ancillary rights," or similar rights in or to the User Content exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or the 12 Shapes Entities, and you shall procure the same agreement not to enforce from any others who may possess such rights. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any User Content posted by you to or through the Services.
5. Infringing Content; Digital Millennium Copyright Act
We reserve the right to remove any User Content that is alleged to infringe the copyright of a third party or otherwise violates any third party rights and/or to suspend or terminate a User`s access privileges in the event of repeat infringement by a User. If you are a copyright owner or authorized agent and believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, or if you believe that your rights have otherwise been violated by the Services, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17U.S.C 512(c)(3) for further detail):
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest or the person whose rights have been violated;
(ii) a description of the copyrighted work that you claim has been infringed or the particular rights violated;
(iii) if applicable, a description of where the material that you claim is infringing is located on the Site;
(iv) your address, telephone number, and email address;
(v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law or with regard to the rights violated; and
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate.
Our designated ("Copyright Agent") to receive notifications of claimed infringement is Lee McCullough, who may be contacted by email at lsm@tmglaw.com. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner`s agent, or pursuant to the law, to post and use the material in your User Content, you may send a counter-notice pursuant to the DMCA containing the following information to the Copyright Agent:
(i) your physical or electronic signature;
(ii) identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
(iii) a statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and
(iv) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Nebraska, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, 12 Shapes may, in its sole discretion, send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the User Content provider, member or user, the removed User Content may be replaced, or access to it restored.
6. 12 Shapes Intellectual Property.
The Site and the Services, as well as certain Content available therein (together, "12 Shapes Intellectual Property"), are protected by copyright, trademark, patent, trade secret and other intellectual property laws in the United States and other countries, and 12 Shapes owns and retains all such rights in the 12 Shapes Intellectual Property. Without limiting the foregoing, 12 Shapes and the 12 Shapes logo and the images of the 12 shapes, are trademarks of 12 Shapes Inc., protected under international law, the laws of the United States and other countries. Other parties` trademarks used, depicted or identified on this Site are the property of their respective owners, used here by permission, and may be registered in one or more countries. Use on this Site of the trademark(s) (including, but not limited to, names and logos) of any other party is not intended to imply 12 Shapes affiliation with or endorsement of that party, or that party`s sponsorship or endorsement of 12 Shapes and their products or services.
7. User Conduct.
You agree not to use the Services or the Site to take any action(s) that, (and your continued use of the Site and Services are conditioned on not taking any action(s) that):
patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or group; exploits people in a sexual or violent manner; or contains nudity, violence, or offensive subject matter or contains a link to an adult website;
solicits personal information; provides any User telephone numbers, street addresses, last names, URLs or email addresses; involves the transmission of "junk mail," "chain letters," or "unsolicited mass mailing", "instant messaging", "phishing", "spimming" or "spamming"; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person`s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or video or links to pirated files;
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone`s privacy, or providing or creating computer viruses;
involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
use of the Site or App in a corporate setting to hire or assess employees, candidates, mangers or any other people affiliated with your organization without express written permission from 12 Shapes Inc to do so;
are contrary to 12 Shapes public image, goodwill, or reputation;
infringe on our or any third party`s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
express or imply that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance;
transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
"frame" or "mirror" any part of the Site without our prior written authorization;
distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of MVPVID or its licensors or suppliers;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission; and/or
execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Website`s servers or any data not intended for you.
Further, you agree not to use the Services or the Site to participate in:
* criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or violation of the privacy or publicity rights of third parties;
* advertising to, or solicitation of, any User to buy or sell any products or services through the Services. You may not transmit any chain letters or junk email to other Users. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Users from such advertising or solicitation, 12 Shapes reserves the right to restrict the number of emails that a User may send to other Users;
* using of the Site or App in a corporate setting to help hire, promote or assess employees, candidates, mangers, team members or any other people affiliated with your organization, without express written permission from 12 Shapes Inc. to do so; This agreement defines use of the Site or App for personal use only and denies the use of the Site or App to organization, associations, companies, businesses or other groups, to promote or improve their own organization in any way;
You agree not to use the Services or the Site in any manner that violates or is otherwise not in accordance with the terms of the subscription package in which you are currently enrolled ("Account"). Any violation of the following usage rules may result suspension of the Services and/or loss of Account access.
You agree not to attempt to impersonate another User or other individual, and you acknowledge that the Services are for public and not private communications. We cannot guarantee the security of any information you disclose; you make such disclosures at your own risk. Also, you should be skeptical about information provided by others, and you acknowledge that the use of any User Content on this Site is at your own risk.
If you become aware of misuse of the Services by any person, please contact 12 Shapes Inc. at info@12shapes.com. 12 Shapes Inc. reserves the right, in its sole discretion, to reject, refuse to post, or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Site or Services at any time, for any or no reason, with or without prior notice, and without liability.
You agree to indemnify and hold 12 Shapes, the 12 Shapes Entities, and their subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys` fees, made by any third party due to or arising out of your use of the Site and Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any User Content posted on the Site or through the Services causes 12 Shapes to be liable to another third party or User.
8. Privacy.
You agree to the terms of the 12 Shapes Privacy Policy as it may be updated from time to time, a copy of which is posted on the Site.
9. Links to Other Sites.
The Site contains links to web sites not operated or maintained by 12 Shapes. These links are provided solely as a convenience to you and not as an endorsement by 12 Shapes of the contents of such third party web sites. 12 Shapes is not responsible for the content of the sites of others and makes no representation regarding the content or accuracy of materials on such sites. If you decide to access linked third-party web sites, you do so at your own risk, and waive any and all claims against 12 Shapes regarding the inclusion of links to outside web sites or your use of those web sites.
10. Disclaimers.
DISCLAIMERS OF WARRANTIES: 12SHAPES DOES NOT WARRANT THAT THE SITE OR SERVICES WILL OPERATE ERRORFREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND/OR OTHERHARMFUL MATERIALS. IF YOUR USE OF THE SITE OR THE SERVICESRESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, 12 SHAPES IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITE ANDSERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANYWARRANTIES OF ANY KIND. 12 SHAPES, TO THE FULLEST EXTENT PERMITTEDBY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OFMERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF A PARTICULAR PURPOSE. 12 SHAPES MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLENENESS, OR TIMELINESS OF THE SERVICES.
DISCLAIMER OF CONSEQUENTIAL DAMAGES: EXCEPT AS OTHERWISEREQUIRED BY APPLICABLE LAW, NEITHER 12 SHAPES NOR THE 12 SHAPES ENTITIES OR THEIR DIRECTORS, EMPLOYEES, LICENSORS, CONTENTPROVIDERS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLEFOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATIONANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL ANDEXEMPLARY DAMAGES, ARISING FROM THE USE OF THIS SITE ANDSERVICES, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES.
REMEDY: IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUREXCLUSIVE REMEDY SHALL BE TO CEASE USING THE SERVICES.
Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. 12 Shapes makes no representation of any kind with respect to the applicability and enforceability of laws or policies of countries other than the United States over the content of this site and the provisions of this Agreement.
11. Dispute Resolution.
This Agreement shall be interpreted, construed and governed by the laws of the State of Utah, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the District Courts of the State of Utah in Utah County or the Federal District Court of the District of Utah (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, 12 SHAPES shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief.
12. Other Miscellaneous Terms.
Should any clause of this Agreement be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. 12 SHAPE`s failure to expressly enforce any provision of this Agreement does not waive its rights to enforce that or any other provision. 12 Shapes may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder (in whole or in part) in its sole discretion.
13. NCAA Regulations / Other Regulations.
12 SHAPES is in no way affiliated with or sponsored by the NCAA. You are responsible for your own activities in connection with the Site, including your use of the Services. Accordingly, you are responsible for knowing and complying with the NCAA`s rules, regulations, and laws or other similar rules, regulations, and laws (collectively, "b"). 12 SHAPES is not responsible if you do not abide by NCAA Regulations (or any other similar rules or regulations) in connection with your use of the Site, and/or Services. If you act in violation of the NCAA Regulations, 21 SHAPES may take reasonable steps in response, including, but not limited to, termination of your access to and use of the Site and/or reporting of such conduct to the NCAA, the authorities, or other appropriate entity. 12 SHAPES does not knowingly promote any violations of NCAA Regulations (or any other similar rules or regulations).
14. Notice for California Users
Under California Civil Code Section 1789.3, California Website users 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 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.Updated February 8, 2017