1. ACCEPTANCE OF TERMS

Welcome to SHOFORUM.COM. SHOFORUM.COM provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time, without notice to you. You can review the most current version of the TOS at any time at: http://www.SHOFORUM.COM/disclaimer.htm. By continued access of this site, you agree to the TOS.

2. DESCRIPTION OF SERVICE

SHOFORUM.COM currently provides users with access to a collection of information and resources. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for SHOFORUM.COM to provide the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new SHOFORUM.COM properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that SHOFORUM.COM assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

Please be aware that you must be at least 13 years of age to access and view SHOFORUM.COM.

3. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because SHOFORUM.COM has no control over such sites and resources, you acknowledge and agree that SHOFORUM.COM is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that SHOFORUM.COM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Additionally you agree that you will not provide links to any of the Service's content without prior written permission, with the exception of the Home Page of the Service.

4. SHOFORUM.COM'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or copyrights, trademarks, service marks, patents or other proprietary rights and laws protect information presented to you through the Service or advertisers. Except as expressly authorized by SHOFORUM.COM or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, publish or create derivative works based on the Service or the Software, in whole or in part.

5. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SHOFORUM.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. SHOFORUM.COM MAKES NO WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS, (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH VENDOR LINKS WILL MEET YOUR EXPECTATIONS, AND (5) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SHOFORUM.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

e. While all content becomes the property of SHOFORUM.COM, the owner, moderators or anyone directly or indirectly involved with SHOFORUM.COM management are not responsible for any post or posts of any individual or individuals using SHOFORUM.COM regardless of content.  We are under no obligation to anyone for the removal of material that some individuals may find abusive, false or offensive or otherwise inappropriate.  Though we do our best to filter content, we cannot police the entire forum so some content may may be considered inappropriate or offensive in the eyes of some individuals.  We do not have any obligation to any individual or individuals for the removal of any content. 

6. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SHOFORUM.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SHOFORUM.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SERVICE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH VENDORS OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (5) ANY OTHER MATTER RELATING TO THE SERVICE.

7. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 6 AND 7 MAY NOT APPLY TO YOU.

8. NOTICE

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

9. TRADEMARK INFORMATION

SHOFORUM.COM, the stylized representation of SHOFORUM.COM trademarks and service marks, and other SHOFORUM.COM logos and product and service names are trademarks of SHOFORUM.COM. Without SHOFORUM.COM'S prior written permission, you agree not to display or use in any manner, the SHOFORUM.COM Marks.

10. COPYRIGHTS and COPYRIGHT AGENTS

SHOFORUM.COM respects the intellectual property of others, and we ask our users to do the same.

11. GENERAL INFORMATION

The TOS constitute the entire agreement between you and SHOFORUM.COM and govern your use of the Service, superceding any prior agreements between you and SHOFORUM.COM. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and SHOFORUM.COM shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions. You and SHOFORUM.COM agree to submit to the personal and exclusive jurisdiction of the courts located within the county of St. Clair, Michigan. The failure of SHOFORUM.COM to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within six months after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

12. VIOLATION

Please report any violations of the TOS to our webmaster or SHOFORUM administration.

Copyright © 2004 SHOForum.com