Terms of Use

Last Updated: 7/9/2010

INTRODUCTION

Shalmanac.com (Shalmanac.com or We) provides this Website (Site) for your use, subject to these Terms of Use and all applicable laws and regulations. Please read these Terms of Use carefully. By accessing and/or using the Site, you fully and unconditionally accept and agree to be bound by these Terms of Use. If you do not agree to them, please do not visit or use the Site. Shalmanac.com reserves the right to revise these Terms of Use, so please check back periodically for changes. Your continued use of the Site following the posting of any changes to these Terms of Use constitutes your acceptance of those changes. Updates will be evidenced by a more recent Last Updated date at the top of this page.

USE OF THE SITE

You may not: (1) use the Site in an unintended commercial manner, including by distributing, transmitting or publishing the Site or any of its content; (2) interfere with others’ use of the Site; (3) impair the Site’s operation or interfere with or disrupt the servers or networks connected to it; (4) interfere with Shalmanac.com’s intellectual property rights; (5) frame or otherwise co-brand the Site or any of its content; (6) deep-link to any portion of the Site; or (7) use the Site for any illegal purpose. We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. In such event, we may inform your Internet service provider of your activities and take appropriate legal action.

SITE MODIFICATIONS

We reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Site at any time, without notice or liability to you or any third party. We also reserve the right, in our sole discretion, to impose limits on certain features and services.

PRIVACY POLICY

Shalmanac.com takes your privacy seriously. Any information submitted on or collected through the Site is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use.

LINKS TO OTHER SITES

Our sites contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our sites of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.

Please note that we have active affiliate relationships with most merchants featured on Shalmanac.com. If you visit a merchant featured on our site by clicking on a link on our site, a cookie may be placed on your computer to track the fact that you came via one of our links (unless you have cookies disabled in your browser or your computer hardware/software cannot handle them for some other reason). If you then complete a purchase at that merchant’s site within a set period of time (this differs from merchant to merchant but is generally less than 3 months), we may receive a commission payment from that merchant.

We do not sell, resell, or license any of the products or the services that we review, list, or advertise on our sites, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.

Coupons, prices, and any other information displayed on the Shalmanac.com website are not guaranteed to be accurate and are the responsibility of our merchant partners alone. Shalmanac.com and Shalmanac.com bear no responsibility for any coupons, prices, or other information posted on the Shalmanac.com website.

APPLICATIONS AND TRANSACTIONS

All applications and transactions made through the Site are subject to Shalmanac.com’s acceptance, which is in our sole discretion. Without limitation, this means that Shalmanac.com may refuse to accept any application or transaction, whether or not the application or transaction has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party.

ELECTRONIC COMMUNICATIONS

By using the Site, you consent to receiving electronic communications and notices from Shalmanac.com. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

INTELLECTUAL PROPERTY

All copyrightable text, graphics, sound, downloads, software and other material (collectively, the “Content”), the selection, compilation, arrangement and presentation of all materials, and the overall design of the Site are copyrighted by Shalmanac.com and are protected by law. All rights reserved. You may print a copy of the Content on your computer only for your own personal, non-commercial home use, provided that you do not remove any copyright, trademark or other proprietary notices from the Content. Any other use of the Content is strictly prohibited, unless you have our prior written permission. The Site may also contain content that is owned by third parties, including our advertisers. You may use such third-party content only as expressly authorized by the applicable owner. All requests for permission to reprint or make any other use of the Content should be addressed to Shalmanac.com, PO Box 191384, Dallas, TX 75219, USA or info@Shalmanac.com. Shalmanac.com does not warrant that your use of materials displayed on or linked to the Site will not infringe the rights of third parties.

Claims of Copyright Infringement. If you believe that materials posted on the Site violate your intellectual property rights, please contact Shalmanac.com at Shalmanac.com, PO Box 191384, Dallas, TX 75219 or “info” (at Shalmanac.com.com). Please include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other proprietary interest; (2) a description of the copyrighted work or other protected material that you claim has been infringed upon; (3) a description of where the material is located on the Site; (4) your address, telephone number and e-mail address; (5) your statement that you have a good faith belief that the disputed use is not authorized by the copyright or other interest owner, its agent or the law; and (6) your statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or other interest owner or are authorized to act on the owner’s behalf.

Shalmanac.com, Shalmanac.com, Managed Advertising Services, Managed Advertising Services Platform, Shalmanac.com Capital, Shalmanac.com Capital LLC, Shalmanac.com Network, Shalmanac.com Network LLC, are included in the family of trademarks and service marks owned by Shalmanac.com (this is not an all-inclusive list of Shalmanac.com’s trademarks and service marks). Trademarks and service marks designated with the “®” symbol are registered with the U.S. Patent and Trademark Office and with numerous foreign countries. Other trademarks and service marks belonging to Shalmanac.com may be designated with the “SM” or “TM” symbols. Our trademarks and service marks may not be used in connection with any product or service without our prior written permission. All other brands, trademarks and names not owned by Shalmanac.com that appear on the Site are the property of their respective owners, who may or not be affiliated with, connected to or endorsed by Shalmanac.com.

USE OF INFORMATION SUBMITTED

You agree that Shalmanac.com is free to use any comments, information or ideas contained in any communication you may send to us, without compensation, acknowledgement or payment to you, for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Site or other products or services.

You agree that any information submitted to Shalmanac.com via the forms located on this site is accurate to the best of your knowledge and may be published on the Shalmanac.com website. You agree that this information is entirely your original creation and is not infringing on the copyrights, trademarks, or any rights of any third party in any country or jurisdiction. You agree that submission of this information to Shalmanac.com will transfer full ownership and all rights to Shalmanac.com, and Shalmanac.com may choose to publish this information on the Shalmanac.com site indefinitely. You agree that Shalmanac.com is under no obligation to publish any information you submit, in whole or in part.

NO WARRANTY

While we use our best efforts to maintain the accuracy and reliability of the Site, we do not warrant or represent that it will always function or be error-free. We assume no responsibility or liability for errors or omissions on the Site or for problems with its operation. Your access and use of the Site are at your own risk. Without limiting the foregoing, THE SITE, ITS CONTENT AND ANY PRODUCT OR SERVICE OFFERED THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain warranties, so the above may not apply to you.

LIMITATION OF LIABILITY

IN NO EVENT SHALL Shalmanac.com, ITS RELATED COMPANIES, AND EACH SUCH COMPANY’S DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THE SITE, ANY INFORMATION PROVIDED BY THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE. Some jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.

INDEMNITY

You agree to indemnify and hold Shalmanac.com and its related companies and each of their respective directors, officers, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and costs, arising, directly or indirectly, in whole or in part, out of your access or use of the Site or your violation of any law or the rights of any person.

DISPUTES

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflict of law principles. Any action to enforce these Terms of Use shall be brought in the federal court in the Northern District of Texas or the state courts located in Dallas County, Texas. By using the Site, you consent to the jurisdiction and venue of these courts. Except where prohibited, you agree that any and all disputes, claims and causes of action directly or indirectly arising out of the Site shall be resolved individually, without resort to any form of class action. Any claim or cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, regardless of any law to the contrary.

GENERAL

If any provision of these Terms of Use is held to be invalid or unenforceable, that provision shall be construed consistent with applicable law, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section. Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision. These Terms of Use set forth the entire agreement between you and Shalmanac.com in connection with your use of the Site.

CONTACT US

If you have any questions about these Terms of Use, please contact us at info [at] Shalmanac.com.