Dated: May 6, 2021
Please read these Terms of Service ("TOS") prior to registering for an account on either shostackassociates.thinkific.com or courses.shostack.org or using any portion of our website or mobile applications (collectively, the "Site," which consists of all content and pages located within the either the shostackassociates.thinkific.com or courses.shostack.org web domains and all mobile applications), including accessing any course material, chat rooms, or other electronic services. These TOS are agreements (the "Agreements") between you and Shostack & Associates Inc., a Washington corporation (“Shostack” or “we”). By using the Site, you accept and agree to be legally bound by the Agreements, whether or not you are a registered user, and regardless of who created your account. Please also read the Privacy Policy for the Site before you use any portion of the Site. The Privacy Policy describes how your personal data is collected and processed when you use the Site. If you do not understand or do not wish to be bound by the terms of the Agreements or Privacy Policy, you should not use the Site.
Shostack reserves the right to modify these TOS at any time without advance notice. Any changes to these TOS will be effective immediately upon posting on this page, with an updated effective date. By accessing the Site after any changes have been made, you signify your agreement on a prospective basis to the modified TOS and all of the changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these TOS.
Any version of these TOS in a language other than English is provided for convenience and you understand and agree that the English language version will control if there is any conflict.
User Accounts
In order to create a user account, you must provide your full name, an email address, your country or region of residence, a public username, and a user password. You agree that you will never divulge or share access or access information for your user account with any third party for any reason. In setting up your user account, you may be prompted to enter additional optional information. You represent that all information provided by you is accurate and current. You agree to maintain and update your information to keep it accurate and current.
We care about the confidentiality and security of your personal information. Please see the Privacy Policy for more information about the collection and use of data on the Site.
Your Right to use Content on the Site
The content on the Site is protected by United States and foreign copyright laws. Unless otherwise expressly stated on the Site, the texts, video, images, and other instructional materials provided on the Site are for your personal use only. Certain reference documents, digital textbooks, articles, and other information on the Site are used with the permission of third parties, and use of that information is subject to certain rules and conditions, which will be posted along with the information. By using the Site, you agree to abide by all such rules and conditions. You agree to retain all copyright and other notices on any content you obtain from the Site. All rights in the Site and its content, if not expressly granted, are reserved.
User Postings
User Postings Representations and Warranties.
By posting any material on the Site or in the Slack discussion board (a “User Posting”), you affirm, represent, and warrant (1) that you have the necessary rights, licenses, consents, and/or permissions to reproduce and publish the User Postings and to authorize Shostack and its users to reproduce, modify, publish, and otherwise use and distribute your User Postings in a manner consistent with the licenses granted by you below, and (2) that neither your submission of your User Postings nor the exercise of the licenses granted below will infringe or violate the rights of any third party. You, and not Shostack, are solely responsible for your User Postings and the consequences of posting or publishing them.
License Grant to Shostack.
By submitting your User Postings, you hereby grant to Shostack a worldwide, non-exclusive, transferable, assignable, sub licensable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute, redistribute, relicense, and otherwise use, make available, and exploit your User Postings, in whole or in part, in any form and in any media formats and through any media channels (now known or hereafter developed).
User Postings Disclaimer.
You understand that when using the Site you will be exposed to User Postings from a variety of sources and that Shostack is not responsible for the accuracy, usefulness, reliability or intellectual property rights of or relating to such User Postings. You further understand and acknowledge that you may be exposed to User Postings that are inaccurate, offensive, defamatory, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Shostack or any of the Shostack with respect thereto. Shostack does not endorse any User Postings or any opinion, recommendation or advice expressed therein. Shostack does not have any obligation to monitor any User Postings or any other user communications through the Site.
However, Shostack reserves the right to review User Postings and to exercise its sole discretion to edit or remove, in whole or in part, any User Posting at any time and for any reason. Without limiting the foregoing, upon receiving notice from a user or a content owner that a User Posting allegedly does not conform to these TOS, Shostack may investigate the allegation and determine in its sole discretion whether to remove the User Posting, which it reserves the right to do at any time and without notice.
Trademarks
Use of Shostack Name, Trademarks, and Service Marks.
The "Shostack" name and logos are trademarks ("Trademarks") of Shostack. You may not use any of these Trademarks, or any variations thereof, without Shostack's prior written consent. You may not use any of these Trademarks, or any variations thereof, for promotional purposes, or in any way that deliberately or inadvertently claims, suggests or, in the owner’s sole judgment, gives the appearance or impression of a relationship with or endorsement by the owner. All Trademarks not owned by Shostack that appear on the Site or on or through the services made available on or through the Site, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the prior written permission of the owner of the applicable Trademark.
Digital Millennium Copyright Act
Copyright owners who believe their material has been infringed on the Site should contact Shostack's designated copyright agent at [email protected] or at Shostack Inc., 1122 E Pike St #1299 Seattle WA 98122, USA Attention: Shostack DMCA Agent/General Counsel.
Notification must include:
- Identification of the copyrighted work, or, in the case of multiple works at the same location, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity. You must include sufficient information for us to directly locate the material (e.g., URL, chapter, video name and time).
- Information for us to be able to contact the complaining party (e.g., email address, phone number).
- A statement that the complaining party believes that the use of the material has not been authorized by the copyright owner or an authorized agent.
- A statement that the complaining party has a good-faith belief that the use of the material is not covered by fair use.
- A statement that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the copyright owner.
Disclaimers of Warranty / Limitations of Liabilities
THE SITE AND ANY INFORMATION, CONTENT OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT INSOFAR AS ANY SUCH IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW.
SHOSTACK DOES NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE CONTENT PROVIDED WILL MEET YOUR NEEDS OR EXPECTATIONS. SHOSTACK ALSO MAKES NO WARRANTY ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR QUALITY OF THE SITE OR ANY CONTENT, OR THAT ANY PARTICULAR CONTENT WILL CONTINUE TO BE MADE AVAILABLE.
USE OF THE SITE, AND THE CONTENT AND SERVICES OBTAINED FROM OR THROUGH THE SITE, IS AT YOUR OWN RISK. YOUR ACCESS TO OR DOWNLOAD OF INFORMATION, MATERIALS, OR DATA THROUGH THE SITE OR ANY REFERENCE SITES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA, UNLESS OTHERWISE EXPRESSLY PROVIDED FOR IN THE PRIVACY POLICY.
Third-Party Services; Links to Other Websites.
The Site may be integrated with third-party services or include hyperlinks to websites maintained or controlled by third parties. Shostack is not responsible for and does not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered by such third parties. If you decide to access any third-party services or linked third-party websites, you do so at your own risk.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT SHOSTACK WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OR YOUR (OR ANY THIRD PARTY'S) USE OF OR INABILITY TO USE THE SITE, OR YOUR PLACEMENT OF CONTENT ON THE SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, WHETHER YOUR CLAIM IS BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW.
IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SHOSTACK WILL NOT HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE AND WHETHER OR NOT SHOSTACK HAS BEEN NEGLIGENT OR OTHERWISE AT FAULT (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF PROFITS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification
You agree to defend, hold harmless, and indemnify Shostack, and its affiliates, officers, board members, agents, and employees from and against any third-party claims, actions, or demands arising out of, resulting from or in any way related to your use of the Site, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys' fees, of every kind and nature. In such a case, Shostack will provide you with written notice of such claim, suit, or action.
Additional Terms
Termination Rights; Discontinuation of Courses and Content.
You agree that Shostack, in its sole discretion, may terminate your use of the Site or your participation in it, for any reason or no reason, upon notice to you. Shostack reserves the right at any time in its sole discretion to alter the materials offered through Shostack, or to cease providing any part or all of the Site content, and you agree that Shostack will not have any liability to you for such an action. If you no longer desire to participate in the Site, you may terminate your participation at any time, and you agree that Shostack will not be obligated to refund any portion of your subscription fee or purchase price. The rights granted to you hereunder will terminate upon any termination of your right to use the Site, but the other provisions of the Agreements will survive any such termination.
Entire Agreement.
The Agreements constitute the entire agreement between you and Shostack with respect to your use of the Site, superseding any prior agreements between you and Shostack regarding your use of the Site.
Waiver and Severability.
The failure of Shostack to exercise or enforce any right or provision of the Agreements shall not constitute a waiver of such right or provision. If any provision of the Agreements is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of the Agreements shall remain in full force and effect.
Choice of Law/Forum Selection.
You agree that the Agreements and any claim or dispute arising out of or relating to the Agreements or any content or service obtained from or through the Site will be governed by the laws of the State of Washington, excluding its conflicts of law provisions. You agree that all such claims and disputes will be heard and resolved exclusively in the federal or state courts located in and serving Seattle, Washington. You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum).