These Terms and Conditions ("Agreement") of use constitute a legal agreement between you ("User") and saymoreco.com ("Website") provided by SHK Enterprises, LLC ("We", "Us", "Our", "Ours", "Company", and other first-person pronouns will refer to the Company, as well as all officers, employees, agents, affiliates, licensees, and web hosting services of the Company).
Company and User are sometimes individually referred to herein as a "Party" and collectively as the "Parties".
By using this Website or services ("Services") you are agreeing to the following Agreement whether or not you are a Registered User (as defined below in "Description of Website and Services") of the Website. If you do not agree to be bound by this Agreement, please leave the Website immediately. The Company only agrees to provide Services and use of this Website to you if you assent to this Agreement.
This Agreement may be updated from time to time without notice to you and your continued use of any part of this Website or Services constitutes your acceptance of such changes to this Agreement. However, you can always find the latest Agreement at saymoreco.com and should check regularly for updates and changes.
In addition, when using the Website and Services, you shall be subject to any posted policies, guidelines, or rules applicable thereto. You further agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
Effective date Aug 21 2023
The Company makes available a platform to its Users as a Service, Users who register for Services are considered "Registered Users". Registered Users can browse, read, and create Content (as defined in "Registration"), and browse, read, or comment on other people's Content. Non-registered Users can browse only publicly made available Content.
SERVICES ARE PROVIDED "AS IS" AND THE COMPANY ASSUMES NO RESPONSIBILITY FOR TIMELINESS, NON-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, WRITING, IMAGE, OR PERSONALIZATION SETTINGS. ADDITIONALLY, THE COMPANY PROVIDES INFORMATION WITHOUT WARRANTY OF ANY KIND AND AS SUCH, THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, OR RELIABILITY OF THE INFORMATION.
Unless explicitly stated otherwise, any new features which augment or enhance the Website and Services, including without limitation the release of new properties, are subject to the then current Agreement.
All Users must abide by this Agreement. If a User fails to follow any of the guidelines and/or rules of behavior, the Company can discontinue their ability to use the Website and its Services at any time. In addition, the Company has the right to delete any piece of Content and provide comments on any topic or profile We find objectionable in Our reasonable discretion.
You may only use this Website and Services for purposes expressly permitted by this Agreement. As a condition of your use of Website, you represent and warrant to the Company that you will not use the Website and any Services for any purpose that is unlawful, offensive, and/or prohibited by this Agreement.
Effective date Aug 21 2023
The Company may provide you with certain information as a result of your use of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in your use of the Website or Services (the "Company Materials"). Subject to this Agreement, the Company grants you a non-exclusive, limited, non-transferable, and revocable license to use the Company Materials solely in connection with your use of the Website and Services. The Company Materials may not be used for any other purpose, and this license terminates upon your cessation of use of the Website or Services or at the termination of this Agreement.
You understand that you may receive business-related communications from the Company such as announcements of Services and account administrative notices and you agree that these communications are not "unsolicited commercial email advertisements" and thus, subject to all applicable laws, you agree to receive them, and you will not be able to opt out of receiving such communications.
As a User of the Website and Services you also understand and agree that the Services will also include advertisements. You agree that such advertisements are not "unsolicited commercial email advertisements" and, subject to all applicable laws, you agree to receive them, and you will not be able to opt out of receiving such communications. You understand and agree that your correspondence or business dealings with, or participations in promotions of, advertisers found on or through the Website and Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the advertiser. You agree that the Company shall not be responsible or liable for any loss or damage incurred as the result of such dealings or as the result of the presence of such advertisers on the Service.
Effective date Aug 21 2023
Effective date Aug 21 2023
In order to access the Company Material, you may be required to register with a username and password of your choice. If you register, you may be asked for your name, e-mail address, phone number, and/or other identifying or personal information ("Personal Information"). The Personal Information is linked directly to your registered username and password chosen by the Registered User and can only be retrieved by supplying the correct email address/username and password that is linked to that account. Additionally, you agree to provide true, accurate, current, and complete information as required on the Website and Service’s registration form. If you provide any information that is untrue, incomplete, not current, or inaccurate, the Company has the right to suspend or terminate your account and refuse your current or future use of the Website and Services (or any portion thereof).
In consideration of your use of the Website and Services, you represent that you are of legal age to form a binding contract, which is eighteen years of age in the United States and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction.
You agree that the Company may, under certain circumstances and without prior notice, immediately terminate your Website account, any associated username and/or access to the Website and Services. Cause for such termination shall include, but is not be limited to: (i) a breach or violation of the Agreement or other Company policies, guidelines, or rules (including without limitation the Privacy Policy), (ii) extended periods of inactivity, (iii) your engagement in fraudulent or illegal activity, (iv) unexpected technical or security issues, and (v) requests by law enforcement or other government agencies. You also agree that any termination is in the Company's sole discretion and that the Company will not be liable to you or any third party for any termination of your account, password, username, deletion of Content and/or access to the Website and Services.
You agree that your account is non-transferable and any rights to your account, password, username, terminate upon your death or disability and/or termination of account for any reason.
You alone are entirely responsible for any and all activity that takes place on Website under your name and password. If you become aware of any unauthorized use of your username and/or password it is your responsibility to notify Us immediately. It is up to you to maintain the confidentiality of your password and username at all times.
Effective date Aug 21 2023
Through your use of the Website and Services, you may provide Us with certain information. By using the Website or the Services, you authorize the Company to use your information in the United States and any other country where We may operate.
Information We May Collect or Receive: Depending on how you use the Website or Services, We may receive information from external applications you use to access Our Website, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons, or others.
How We Use Information: We use the information gathered from you to ensure your continued good experience on Our website. We may also track certain of the passive information received to improve Our marketing and analytics, and for this We may work with third-party providers, including other marketers.
How You Can Protect Your Information: If you would like to disable Our access to any passive information We receive from the use of various technologies, you may choose to disable cookies in your web browser.
Effective date Aug 21 2023
As a Registered User, you will be able to upload and post a great variety of materials and information, including but not limited to text, audio, video, photographs, graphics, and other materials ("Content"). This means that you have sole responsibility for all the Content that you upload post, email, transmit or otherwise make available through the Website and Services, and to make sure that you are in compliance with the rules of behavior set forth herein relating to such Content. Any Content that you write, post, upload, or link to on Website is entirely your responsibility.
The Company Website shall have no liability of any kind with respect to any Content posted by you or other Users of the Website or Services. You agree that you must assess and bear all risks associated with your use of any Content. In this regard, you may not rely on any Content created by other Website Users or otherwise created, distributed, and displayed on any part of the Website and Services. The Company Website does not control or monitor all the Content posted and, as such, does not guarantee the accuracy, integrity, or quality of such Content.
Effective date Aug 21 2023
You agree that the Website and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). You agree that the Company owns all rights, title, and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
The Company Website respects the intellectual property of others, and We request Our users do the same. In certain circumstances and at its discretion, the Company Website may, but is not obligated to disable, suspend, and terminate the accounts of members who may be infringing on the rights of others. If you believe that your Content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please contact the Company Website as soon as practically possible at saymoreco.com with the following information:
Effective date Aug 21 2023
You agree not to use the Website or Services for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company.
You further agree not to use the Website or Services:
Effective date Aug 21 2023
The Company, third-parties, or other Users may occasionally post links to third-party websites or other services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of your use of any third-party services linked to/from Our Website. These links are provided for convenience only and do not reflect an endorsement by Us and We are not responsible for the content associated with the linked site. We make no representation or warranties with respect to the linked site and your use of such sites is solely at your own risk. You agree that if the Company requests you to disable any link you have posted, and you fail to do so after such request, the Company has the right to disable the link without any further notice to you.
Effective date Aug 21 2023
You are strictly prohibited from using the Website or any of the Company's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
Effective date Aug 21 2023
The Company may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
Effective date Aug 21 2023
You agree not to undertake any of the following actions:
Effective date Aug 21 2023
You acknowledge that the Company may establish general practices and limits regarding use of the Website and Services including, without limitation, the maximum number of posts and messages from an account of the Website, the maximum size of any post and message by an account of the Website, the maximum amount of disk space that will be allotted on the Company’s servers on your behalf, and the maximum number of times and duration for which you may access the Website in a given time. You agree that the Company has no responsibility or liability for the deletion or failure to store or transmit any messages or communications or other Content maintained or transmitted by the Company. You acknowledge and agree that the Company reserves the right to log off accounts and deactivate usernames and accounts that are inactive for an extended period of time. You further acknowledge that Company has the right to modify these practices and limits from time to time.
Effective date Aug 21 2023
The Company does not accept responsibility for the security of your account or content. You agree that your use of the Website or Services is at your own risk.
Effective date Aug 21 2023
You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Website or Services, your breach of this Agreement, or your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.
Effective date Aug 21 2023
The Company may, from time to time, and at any time without notice to you, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear your cache when doing so to avoid accessing a prior version of this Agreement. You agree that your continued use of the Website after any modifications to this Agreement is a manifestation of your continued assent to this Agreement.
In the event that you fail to monitor any modifications to or variations of this Agreement, you agree that such failure shall be considered an affirmative waiver of your right to review the modified Agreement.
Effective date Aug 21 2023
The Company may terminate this Agreement with you at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account with us, you may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
Effective date Aug 21 2023
You agree that your use of the Website and Services is at your sole and exclusive risk and that any Services provided by Us are on an "As Is" basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to, the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services.
You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website or Services is your sole responsibility and that the Company is not liable for any such damage or loss. You expressly agree that We shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data loss, or other losses, even if We had been advised of the possibility of such damages, resulting from: the use or inability or use the site, the cost of procurement of any substitute products and/or services resulting from ay products, data, information, or services obtained or which you were unable to obtain or transactions effected or transactions effected or failed to be effected, any link provided in connection with the Website, or any matter otherwise related to your use of the Website.
Effective date Aug 21 2023
All communications made, or notices given pursuant to this Agreement shall be in the English language.
Through your use of the Website or Services, you agree that the laws of the State of Florida shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Miami-Dade County, Florida. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine. You agree that any claim or cause of action. Arising out of or related to use of the Website, Services, or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Miami-Dade County, Florida. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: Florida. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased, or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of the Agreement by the Company must be in writing and signed by an authorized representative of the Company to be effective. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
Headings of parts and sub-parts under this Agreement are for convenience and organization, only and have no legal or contractual effect. Headings shall not affect the meaning of any provisions of this Agreement.
Nothing contained in this Agreement shall be construed to constitute either Party as an agency, partnership, or joint venture. Neither Party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other Party.
The Company reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. The Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any content, or publishing or otherwise making available any materials that are believed to violate the Agreement. The Company will use reasonable efforts to notify you in connection with any such inquiry; provided, however, that the inquiry in question is not confidential, and further provided that the Company shall have no duty to disclose such information and therefore shall not be liable to you in connection with any non-disclosure.
BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL RIGHTS AND AGREE TO HOLD THE COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR ANY LAW ENFORCEMENT ORE REGULATORY AUTHORITIES.
The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
Effective date Aug 21 2023