SHAKESTIR, LLC welcomes you to this website (the “Website”) from which you can purchase a variety of products and services that we hope you will enjoy. The Website is provided to you under these Terms & Conditions of Use and any amendments or supplements to them that may be posted from time to time.
These Terms & Conditions shall apply to: (a) all products and services offered on or through this Website; and (b) all web pages, data, text, images, photographs, graphics, audio, video, and documents including, without limitation, marketing materials, press releases, and other information and content available on or through or submitted on or through this Website.
By accessing the Website, you acknowledge that you have read and understand these Terms & Conditions, accept them, and agree to be legally bound by them. You should not use the Website if you have any objections to any of these Terms & Conditions.
If you have any objections to any of these Terms & Conditions, you should immediately discontinue use of the Website.
Some areas of this Website may have additional rules, guidelines, and/or other terms and conditions that apply to your access and/or use of that area of the Website and that may be revised from time to time ("Other Terms"). If there is a conflict or inconsistency between any of these Terms & Conditions and the Other Terms, the Other Terms shall take precedence with respect to your access and use of that area of the Website.
Use of the Site
Certain areas of the Website may be restricted to “members” or other authorized users who may be required to use a password. You agree that you will not share any password(s) nor any other Website access information. You agree that you will be responsible for maintaining the confidentiality of your password(s) and any other Website access information, and that you will be responsible for any and all activities that occur as a result of using your password(s) and/or other Website access information. You further agree that you will notify SHAKESTIR immediately in the event that you discover any unauthorized use of your password(s) or other Website access information.
You agree that you will not access or use the Website in any manner that could damage, disable, impair or cause undue burden on the Website and/or its host, servers, network, systems or other users. You agree that you will not attempt to interfere in any way with the operation of the Website, that you will not transmit any virus or worm to the Website, that you will not use any spider, robot or any other automated mechanism to access the Website and/or its servers or systems, and that you will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited e-mail to other users of the Website. You further agree that you will not attempt to access data that is not intended for your use, that you will not attempt to log on to a server or account that you are not authorized to access, and that you will not probe, scan or test the vulnerability of any system or network related in any way to the Website without authorization.
You acknowledge that these Terms & Conditions govern your use of any software provided by SHAKESTIR and/or made available through the Website (the “Software”), whether or not there are separate license agreements and/or end user agreements. Unless otherwise agreed in writing, you acknowledge that (1) your use of the Software shall be only for personal and/or noncommercial purposes; (2) you shall not attempt to alter or modify the Software; (3) you shall not reverse engineer, decompile, or otherwise attempt to gain access to the source code for the Software; (4) you shall not attempt to circumvent or disable the Software or its intended purpose; and (5) you shall not copy, sublicense, assign, transfer, distribute, transmit or otherwise use the Software without the prior written consent of SHAKESTIR.
Products & Services
Certain products and/or services offered on or through the Website may be eliminated at any time without prior notice. SHAKESTIR makes no representation that any particular products and/or services will be available for any particular period of time.
Your orders will be shipped by various carriers, including FedEx and UPS. We recommend that you review the policies of the carrier as posted on its website.
Return & Refund Policy
Each one of the merchants selling goods and services in our website has a Return & Refund Policy. Please refer to the merchant section for details on its Return & Refund Policy.
For Customer Service, please contact SHAKESTIR by emailing at info@ShakeStir.com, or by writing to the following address:
920 Cassatt Road, Suite 220
Berwyn, PA 19312
Protecting the privacy of the very young is especially important. We never collect or maintain information at the Website from persons we know to be under age 21, and no part of our Website is designed to attract anyone under age 21. Please do not communicate with or contact us if you are under age 21. By your participation in our Website activities, you certify that you are at least 21 years of age and meet any other eligibility requirements of the Website.
Copyright and Permissions
Please feel free to browse the Website. In general, and unless otherwise posted, you may review and print copies of material from the Website, provided that the material (1) is used only for non-commercial purposes, and (2) retains, without alteration, all copyright, trademark, and other proprietary notices displayed on the material as posted on the Website.
You are not permitted to make or distribute copies of material on the Website for any commercial purpose without prior written permission from SHAKESTIR.
None of the material contained on the Website (including all software, HTML code, and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation, or otherwise), resold or redistributed without the prior written permission of SHAKESTIR.
Except as otherwise noted, all content of the Website is:
Copyright © 2011 SHAKESTIR, LLC. All Rights Reserved.
SHAKESTIR has a policy of terminating services to users who willfully and/or repeatedly infringe.
For further information regarding permission to use material from the Website, please contact us at LegalDept@ShakeStir.com
Many of the trademarks/service marks and/or logos (collectively the “Marks”) displayed on the Website identify the particular services and products of SHAKESTIR and third parties, and inform the public as to the source of those services and products. Your misuse of any Mark is strictly prohibited, including without limitation, your use of Marks in any of the following ways:
- In a manner likely to cause confusion;
- To identify your products or services;
- In, as, or part of your own trademarks or service marks;
- In a manner that inaccurately implies a sponsorship, endorsement, or other connection with your products, services or other activities; or
- In a manner that disparages or dilutes the Marks.
You agree not to display or otherwise inappropriately use any of the Marks without prior written permission from SHAKESTIR. Please make such requests by e-mail to LegalDept@ShakeStir.com. We will evaluate your request and respond as soon as possible.
Submissions by You
In the event that you transmit or post any content, including any text, graphics, software, music, sound, photographs, videos, messages, comments, feedback, data, information, or other materials (collectively, the "Content"), on or to the Website, you (1) represent and warrant to SHAKESTIR that you have obtained all necessary licenses, consents, waivers, releases, authorizations and/or permissions to post or transmit such Content; and (2) grant to SHAKESTIR an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, publicly perform, and publicly display such Content (in whole or part) and/or to incorporate it (in whole or in part) in other works in any form, media, or technology now known or later developed. You acknowledge that any Content submitted by you may be handled by SHAKESTIR on a non-confidential basis.
SHAKESTIR posts information and material on the Website for your personal use. But none of the material on the Website is intended, nor should it be construed as, professional advice of any form.
THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY AND ALL INFORMATION AND RECOMMENDATIONS) IS PROVIDED SOLELY AS GENERAL INFORMATION AND IS NOT INTENDED AS ADVICE FOR ANY INDIVIDUAL PROBLEM NOR AS A SUBSTITUTE FOR ADVICE GIVEN BY A QUALIFIED PROFESSIONAL FAMILIAR WITH YOUR UNIQUE FACTS. SHAKESTIRASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION OR OTHER MATERIAL POSTED ON THIS WEBSITE. WHILE SHAKESTIR STRIVES TO PROVIDE INFORMATION THAT IS ACCURATE, COMPLETE, AND UP-TO-DATE, SHAKESTIRCANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THIS WEBSITE.
We may also provide links to other websites that we hope you will find helpful. We do not control the material presented in other websites, however, and we do not vouch for or assume responsibility for the accuracy of such material.
Additional Disclaimers and Limitation of Liabilities and Warranties
The Website may contain technical inaccuracies, typographical errors, and out of date information. SHAKESTIR makes no representations as to the accuracy, reliability, completeness, or timeliness of the information posted, and SHAKESTIR makes no warranty that the Website will meet your requirements. SHAKESTIR reserves the right to make changes to the Website at any time. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.
SHAKESTIR SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE WEBSITE. (BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.) SHAKESTIRMAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY MATERIALS AND/OR SERVICES AVAILABLE FROM THE WEBSITE, ALL OF WHICH ARE BEING OFFERED “AS IS.” SHAKESTIR MAKES NO WARRANTY OF NONINFRINGEMENT. SHAKESTIR ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE OR YOUR DOWNLOADING OF ANY SOFTWARE OR MATERIALS FROM THE WEBSITE.
Intellectual Property Limitation of Liability
SHAKESTIR respects the intellectual property of others, and we ask visitors to our Website to do the same. If you believe your work has been used in a way that constitutes copyright infringement, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to the designated Copyright Agent of SHAKESTIR:
- Identification of the copyrighted work(s) that you claim has been infringed;
- Identification of where the material that you claim to be infringing is located on the Website;
- A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law, including the law of copyright fair use;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of an exclusive copyright that is allegedly infringed or are authorized to act on the copyright owner’s behalf;
- Your address, telephone number, and e-mail address; and
- Your physical or electronic signature.
The designated agent of SHAKESTIR for notification of claims of copyright infringement on this Website can be reached as follows:
920 Cassatt Road, Suite 220
Berwyn, PA 19312
Attn: SHAKESTIR Legal Department
Any action based on a breach of any provision of these Terms & Conditions shall be brought to the federal or local courts presiding in the State of Delaware, United States, whichever is appropriate, and to whose jurisdiction you consent in such an action. If a breach is found by the court, the court shall have the right to issue an injunction, and grant to SHAKESTIR its damages and attorneys’ fees and such other and further relief as the court may deem appropriate.
Applicable Laws and Jurisdictional Issues
The Website shall be governed by the laws of the United States, including federal copyright and trademark laws, and the laws of the State of Delaware applicable to contracts entered into and to be wholly performed therein without regard to conflict of laws or choice of law principles. By visiting and using the Website, you consent to the jurisdiction of the courts presiding in the State of Delaware and you agree to accept service of process by mail. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available.
Compliance with Laws
You agree that you will not use the Website for any purpose that is prohibited by these Terms & Conditions or that is unlawful. Further, you agree not to access, download, use or export the Website or the products or services provided on or through the Website, in violation of U.S. export laws or regulations, or in violation of any other applicable laws, rules or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the Website or the products or services provided on or through the Website in violation of any such restrictions, laws, rules or regulations, or without all necessary approvals.
Notwithstanding any other provision contained in these Terms & Conditions, in the event that the performance of any obligation of SHAKESTIR is prevented due to acts of God or any government restriction, wars, hostilities, blockades, civil disturbances, strikes, lockouts, or any other cause beyond the reasonable control of SHAKESTIR, then SHAKESTIR shall not be responsible to you for any failure or delay in the performance of its obligations. SHAKESTIR shall promptly notify you of such force majeure condition. The terms of this clause shall not exempt, but merely suspend, SHAKESTIR from its duty to perform until as soon as practicable after a force majeure condition ceases to exist.
The headings of each of these Terms & Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions.
You may not assign your rights or obligations under this Agreement without the prior express written consent of SHAKESTIR.
Invalidity of Provisions
In the event that any portion of these Terms & Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention and the remainder of the provisions shall remain in full force and effect.
Any failure by SHAKESTIR to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right.
Changes to the Terms & Conditions
No changes to these Terms & Conditions shall be made except by a revised posting on this page, and no advice or other information provided by the Website or its representatives to any user in any manner which is not posted on this page will constitute any amendment of, waiver or change to these Terms & Conditions, unless such an amendment, waiver or change is in writing from an authorized officer or representative of SHAKESTIR.
These Terms & Conditions constitute the entire understanding between SHAKESTIR and you with respect to the Website.
BY USING THE WEBSITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS & CONDITIONS AND ANY SUBSEQUENT MODIFICATIONS. AS A CONDITION OF YOUR USE OF THE WEBSITE, YOU WARRANT THAT YOU WILL NOT USE THE WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL.
If you have any questions about our Terms & Conditions, please contact us by e-mail at LegalDept@ShakeStir.com.
Last updated: January 4, 2012