| INTRODUCTION
Welcome to the
Internet Site of Sheltertech Corporation. SHELTERTECH includes
Sheltertechcorp.com, hotsexallnight.com, and other sites affiliated with
The Sheltertech Corporation (each a "SHELTERTECH Site").
SHELTERTECH is operated by George Zortman and his affiliates (referred
to herein as "we", "us", or "our").
PLEASE READ THESE TERMS AND
CONDITIONS OF USE CAREFULLY BEFORE USING THIS SHELTERTECH SITE. By using
the SHELTERTECH Site, you signify your agreement to these terms of use.
If you do not agree to these terms of use please do not use the
SHELTERTECH Site. We reserve the right, at our discretion, to change,
modify, add, or remove portions of these terms at any time. Please check
these terms periodically for changes. Your continued use of this
SHELTERTECH Site following the posting of changes to these terms will
mean you accept those changes.
RESTRICTIONS ON USE OF
MATERIALS
All materials
contained in any SHELTERTECH Site are the copyrighted property of
Sheltertech Corporation, or its subsidiaries or affiliated companies
and/or third party licensors. All trademarks, service marks, and trade
names are proprietary to Sheltertech Corporation or its affiliates. No
material from any SHELTERTECH Site or any Internet site owned, operated,
licensed, or controlled by us or our affiliates may be copied,
reproduced, republished, uploaded, posted, transmitted, or distributed
in any way, except that you may download one copy of the materials on
any single computer for your personal, non-commercial home use only,
provided that (i) you keep intact all copyright and other proprietary
notices, (ii) you make no modifications to the materials, (iii) you do
not use the materials in a manner that suggests an association with any
of our products, services, or brands, and (iv) you do not download
quantities of materials to a database that can be used to avoid future
downloads from any SHELTERTECH Site. For purposes of these terms, the
use of any such material on any other Web site or computer environment
is prohibited. All trademarks, service marks, trade names and trade
dress are proprietary to us.
In the event you
download software from any SHELTERTECH Site, the software, including any
files, images incorporated in or generated by the software, and data
accompanying the software (collectively, the "Software") are
licensed to you by us or third party licensors for your personal,
non-commercial home use only. We do not transfer title to the Software
to you. You own the medium on which the Software is recorded, but we (or
third party licensors) retain full and complete title to the Software
and all intellectual property rights therein. You may not redistribute,
sell, de-compile, reverse engineer, disassemble, or otherwise reduce the
Software to a human-readable form.
SUBMISSIONS
We are pleased to
hear from our users and welcome your comments regarding our products and
services. Unfortunately, however, our long-standing company policy does
not allow us to accept or consider creative ideas, suggestions, or
materials other than those that we have specifically requested. We hope
you will understand that it is the intent of this policy to avoid the
possibility of future misunderstandings when projects developed by our
professional staff might seem to others to be similar to their own
creative work. Please do not send us any unsolicited original creative
materials such as stories or ideas, screenplays, or original artwork.
While we do value your feedback on our services and products, we request
that you be specific in your comments on those services and products,
and not submit any creative ideas, suggestions, or materials (unless
specifically requested by us).
If, at our request,
you send certain specific submissions (e.g., postings to chat, boards,
or contests) or, despite our request, you send us creative suggestions,
ideas, notes, drawings, concepts, or other information (collectively,
the "Submissions"), the Submissions shall be deemed, and shall
remain, our property. None of the Submissions shall be subject to any
obligation of confidence on our part and we shall not be liable for any
use or disclosure of any Submissions. Without limitation of the
foregoing, we shall exclusively own all now known or hereafter existing
rights to the Submissions of every kind and nature throughout the
universe and shall be entitled to unrestricted use of the Submissions
for any purpose whatsoever, commercial or otherwise, without
compensation to the provider of the Submissions.
FORUMS AND PUBLIC COMMUNICATION
"Forum"
means a chat area, message board, or e-mail function offered as part of
any SHELTERTECH Site. If you participate in any Forum within a
SHELTERTECH Site, you must not:
- defame,
abuse, harass or threaten others
- make
any bigoted, hateful or racially offensive statements;
- advocate
illegal activity or discuss illegal activities with the intent to
commit them;
- post
or distribute any material that infringes and/or violates any right
of a third party or any law;
- post
or distribute any vulgar, obscene, discourteous or indecent language
or images;
- advertise
or sell to, or solicit others;
- use
the Forum for commercial purposes of any kind;
- post
or distribute any software or other materials which contain a virus
or other harmful component; or
- post
material or make statements that do not generally pertain to the
designated topic or theme of any chat room or bulletin board.
It is our policy to
respect the privacy of all customers. Therefore, in addition to the
privacy of Registration data (see our Privacy Policy), we will not
monitor, edit, or disclose the contents of a customer's e-mail unless
(a) you authorize us to do so, (b) we must do so in order to resolve
technical problems on any SHELTERTECH Site; or (c) unless required to do
so by law or in the good-faith belief that such action is necessary to:
(1) comply with the law or comply with legal process served on us; (2)
protect and defend our rights or property; or (3) act in an emergency to
protect the safety of our customers or the public. Customers shall
remain solely responsible for the content of their messages.
We reserve the right
to remove or edit content from any Forum at any time and for any reason.
By uploading
materials to any Forum or submitting any materials to us, you
automatically grant (or warrant that the owner of such materials
expressly granted) us a perpetual, royalty-free, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate, publicly perform and display, create derivative
works from and distribute such materials or incorporate such materials
into any form, medium, or technology now known or later developed
throughout the universe. In addition, you warrant that all so-called
"moral rights" in those materials have been waived.
When participating
in a Forum, never assume that people are who the say they are, know what
they say they know, or are affiliated with whom they say they are
affiliated with in any chat room, message board, or other user generated
content area. Information obtained in a Forum may not be reliable, and
it is not a good idea to trade or make any investment decisions based
solely or largely on information you cannot confirm. We cannot be
responsible for the content or accuracy of any information, and shall
not be responsible for any trading or investment decisions made based on
such information.
CONTENT LINKED TO ANY
SHELTERTECH SITE
Please exercise
discretion while browsing the Internet using any SHELTERTECH Site. You
should be aware that when you are on a SHELTERTECH Site, you could be
directed to other sites that are beyond our control. There are links to
other sites from SHELTERTECH pages that take you outside of our service.
For example, if you "click" on a banner advertisement or a
search result, the "click" may take you off the SHELTERTECH
Site. This includes links from advertisers, sponsors, and content
partners that may use our logo(s) as part of a co-branding agreement.
These other sites may send their own cookies to users, collect data,
solicit personal information, or contain information that you may find
inappropriate or offensive. In addition, advertisers on SHELTERTECH
Sites may send cookies to users that we do not control.
We reserve the right
to disable links from third party sites to any SHELTERTECH Site.
We make no
representations concerning the content of sites listed in any of our
directories. Consequently, we cannot be held responsible for the
accuracy, relevancy, copyright compliance, legality or decency of
material contained in sites listed in our search results or otherwise
linked to a SHELTERTECH Site.
Please keep in mind
that whenever you give out personal information online --- for example,
via message boards or chat --- that information can be collected and
used by people you don't know. While SHELTERTECH strives to protect your
personal information and privacy, we cannot guarantee the security of
any information you disclose online; you make such disclosures at your
own risk.
DISCLAIMER
THE MATERIALS IN
THIS SHELTERTECH SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY SHELTERTECH SITE
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT ANY SHELTERTECH SITE OR THE SERVERS THAT MAKE SUCH MATERIALS
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF
THE USE OF THE MATERIALS ON ANY SHELTERTECH SITE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW
MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
We explicitly
disclaim any responsibility for the accuracy, content, or availability
of information found on sites that link to or from any SHELTERTECH Site.
We cannot ensure that you will be satisfied with any products or
services that you purchase from a third-party site that links to or from
any SHELTERTECH Site or third party content on our sites. We do not
endorse any of the merchandise, nor have we taken any steps to confirm
the accuracy or reliability of, any of the information contained in such
third-party sites or content. We do not make any representations or
warranties as to the security of any information (including, without
limitation, credit card and other personal information) you might be
requested to give any third party, and you hereby irrevocably waive any
claim against us with respect to such sites and third party content. We
strongly encourage you to make whatever investigation you feel necessary
or appropriate before proceeding with any online or offline transaction
with any of these third parties.
Search and Directory
are free services offered by us. Because the Web changes constantly, no
search engine technology can possibly have all accessible sites at any
given time. Thus, we explicitly disclaim any responsibility for the
content or availability of information contained in our search index or
directories.
CREDIT CARDS
SHELTERTECH takes
the issue of your privacy seriously. We provide your credit card number,
billing and shipping information to participating merchants from whom
you buy goods or services. The merchants are solely responsible for how
they use that information and any other information they independently
acquire from you or about you. Otherwise, we do not share your credit
card information with anyone else. For more information, please read our
Privacy Policy.
To protect the
security of your credit card information, we employ the
industry-standard Secure Sockets Layer (SSL) technology. We also encrypt
your credit card number when we store your order and whenever we
transfer that information to participating merchants.
SUBSCRIPTIONS/BILLING
Some services
offered on SHELTERTECH Sites are subscription based services, such as
Sheltertech’s Shimmy-Shimmy Shake-Down and the Georgie Porgie Potluck
Delivery. If you open a subscription based account with any of our
sites, you hereby agree to pay all charges to your account, including
applicable taxes, in accordance with billing terms in effect at the time
the fee or charge becomes payable. We reserve the right to change the
amount of, or basis for determining, any fees or charges for services we
provide, and to institute new fees, charges or terms effective upon
prior notice to customers. We reserve the right to terminate any account
at any time for any reason.
INDEMNIFICATION
You are entirely responsible for
maintaining the confidentiality of your password and account and for all
activities that occur under your account. You hereby indemnify, defend
and hold us and our affiliates and our officers, directors, owners,
agents, information providers, affiliates, licensors and licensees
(collectively, the "Indemnified Parties") harmless from and
against any and all liabilities and costs (including reasonable
attorneys fees) incurred by the Indemnified Parties in connection with
any claim arising out of any breach by you of this Agreement or claims
arising from your account. You shall use your best efforts to cooperate
with us in the defense of any claim. We reserve the right, at our own
expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
UNDER NO
CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY
SHELTERTECH SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT
(INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE
AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY SHELTERTECH SITE.
JURISDICTIONAL ISSUES
Unless otherwise
specified, the materials in any SHELTERTECH Site are presented solely
for the purpose of promoting programs, films, and other products
available in the United States and its territories, possessions, and
protectorates. SHELTERTECH is controlled and operated by The Walt Disney
Company and its affiliates from its U.S. offices in California,
Washington, New York, and Connecticut. We make no representation that
materials on any SHELTERTECH Site are appropriate or available for use
in any particular location. Those who choose to access a SHELTERTECH
Site do so on their own initiative and are responsible for compliance
with local laws, if and to the extent local laws are applicable.
Software from this site is further subject to United States export
controls. No software from this site may be downloaded or otherwise
exported or reexported (i) into (or to a national or resident of) Cuba,
Iraq, Libya, North Korea, Iran, Syria, or any other country to which the
U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. By downloading or using the Software,
you represent and warrant that you are not located in, under the control
of, or a national or resident of any such country or on any such list.
TERMINATION
These terms are
effective until terminated by either party. You may terminate these
terms at any time by discontinuing use of all SHELTERTECH Sites and
destroying all materials obtained from any and all such sites and all
related documentation and all copies and installations thereof, whether
made under the terms of these terms or otherwise. Your access to any and
all SHELTERTECH Sites may be terminated immediately without notice from
us if in our sole discretion you fail to comply with any term or
provision of these terms. Upon termination, you must cease use of the
SHELTERTECH Site and destroy all materials obtained from such site and
all copies thereof, whether made under the terms of these terms or
otherwise.
GENERAL PROVISIONS
These terms shall be
governed by and construed in accordance with the laws of the State of
California, without giving effect to any principles of conflicts of law.
You agree that any action at law or in equity arising out of or relating
to these terms shall be filed only in the state or federal courts
located in Los Angeles County, California and you hereby consent and
submit to the personal jurisdiction of such courts for the purposes of
litigating any such action. If any provision of these terms shall be
unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable from these terms and shall not affect the
validity and enforceability of any remaining provisions. This is the
entire agreement between us relating to the subject matter herein and
shall not be modified except in writing, signed by both parties.
NOTICE AND PROCEDURE FOR MAKING
CLAIMS OF COPYRIGHT INFRINGEMENT
We may give
notice to our users by means of a general notice on any SHELTERTECH
Site, electronic mail to a user's e-mail address on our records, or by
written communication sent by first class mail to a user's address on
our records.
Pursuant to Title
17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement should be sent to Service Provider's Designated
Agent. See Notice and Procedure for Making Claims of Copyright
Infringement.
Notification must be
submitted to the following Designated Agent:
o
Service
Provider(s): Infinity Access, Inc. and SHELTERTECH
- Name
of Agent Designated to Receive Notification of Claimed
Infringement: Jeremiah G. Zortman
- Full
Address of Designated Agent to Which Notification Should be Sent:
2605 Seppala Blvd., North St Paul , MN
55109
- Telephone
Number of Designated Agent: (651) 329-7780
- Email
Address of Designated Agent: webmaster@sheltertechcorp.com
To be effective, the
notification must be a written communication that includes the
following:
1.
A
physical or electronic signature of person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
- Identification
of the copyrighted work claimed to have been infringed, or multiple
copyrighted works at a single online site are covered by a single
notification, 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 and that is to be removed or access
to which is to be disabled, and information reasonably sufficient to
permit the service provider to locate the material;
- Information
reasonably sufficient to permit the service provider to contact the
complaining party, such as an address, telephone number, and if
available, an electronic mail address at which the complaining party
may be contacted;
- A
statement that the complaining party has a good faith belief that
use of the material in the manner complained of is not authorized by
the copyright owner, its agent, or the law;
- A
statement that the information in the notification is accurate, and
under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is
allegedly infringed.
Associated Press
("AP") text, photo, graphic, audio and/or video material shall
not be published, broadcast, rewritten for broadcast or publication or
redistributed directly or indirectly in any medium. Neither these AP
materials nor any portion thereof may be stored in a computer except for
personal and non-commercial use. AP will not be held liable for any
delays, inaccuracies, errors or omissions therefrom or in the
transmission or delivery of all or any part thereof or for any damages
arising from any of the foregoing.
S&P ComStock,
Inc.
("Comstock") and Standard & Poor's Investment Advisory
Services, Inc. ("SPIAS" and, together with Comstock, referred
to herein as "S&P"). All information provided by Comstock,
SPIAS (through its S&P Personal Wealth service) and their affiliates
(collectively, the "S&P Information") on this site is
owned by or licensed to such entities and you are permitted to store,
manipulate, analyze, reformat, print and display the S&P Information
only for your personal use. Prior to the execution of a security trade
based upon such information, you are advised to consult with your broker
or other financial representative to verify pricing information. You
should consult with your advisors, including your financial and tax
representatives, before making any investment decisions. Neither S&P
nor its affiliates make any express or implied warranties (including
without limitation, any warranty of merchantability or fitness for a
particular purpose or use) regarding the S&P Information. The
S&P information is provided to users "as is". Neither
S&P nor its affiliates will be liable to you or anyone else for any
interruption, inaccuracy, error or omission, regardless of cause, in the
S&P Information or for any damages (whether direct or indirect,
consequential, punitive or exemplary) resulting therefrom.
Dow Jones.
The Dow Jones Averages (sm) and The Dow Jones Indexes are compiled,
calculated and distributed by Dow Jones & Company, Inc. and have
been licensed for use. All content of the Dow Jones Averages (sm) and
The Dow Jones Global Indexes (sm) (c) 1997 Dow Jones & Company, Inc.
All Rights Reserved. "Dow Jones(sm)," "The Dow Jones
Indexes(sm)," "The Dow Jones Averages(sm)," "Dow
Jones Industrial Average (sm)," "DJIA(sm)," "Dow
Jones Transportation Average(sm)," "DJTA(sm)," "Dow
Jones Utility Average (sm)," DJUA(sm)," "Dow Jones
Composite Average(sm)," "The Dow Jones Global Indexes(sm),"
"DJGI(sm)" and names of the component indexes of The Dow Jones
Global Indexes are famous, well-known and internationally recognized
trademarks of Dow Jones & Company, Inc. and have been licensed for
use by certain SHELTERTECH Sites.
NASDAQ Stock
Market. All
NASDAQ information is displayed on a twenty (20) minute delayed basis
and is not Real-Time information.
Media General
Financial Services.
Media General bases its data input on sources believed by it to be
reliable and will endeavor to ensure that the data contained in the
licensed Media Data are complete, accurate and timely. However, Media
General does not represent, warrant or guarantee such completeness,
accuracy or timeliness, and it shall have no liability of any kind
whatsoever to users or any party on the account of any incompleteness
of, inaccuracies in or untimeliness of the Media Data provided or for
any delay in reporting such data. Media General expressly disclaims all
warranties of fitness of the Media Data, and computations and analyses
thereof, for a particular purpose or use. With regard to the subject
matter of this paragraph, in no event shall Media General have any
liability of any kind for any damages even if notified of the
possibility of such damages. Except for Media General's warranties and
representations that it does not infringe any intellectual property
rights of any third parties, there are not express or implied warranties
of any kind with respect to the data provided herein.
Business Wire.
All of the Business Wire news releases are protected by copyright and
other applicable laws, treaties and conventions. Information contained
in such releases is furnished by Business Wire's suppliers/members, who
are solely irresponsible for their content, accuracy, and originality.
All reproduction, other than for an individual user's personal
reference, is prohibited without prior written permission.
Reuters content
is the intellectual property of Reuters Limited. Any copying,
republication or redistribution of Reuters content, including by
caching, framing or similar means, is expressly prohibited without the
prior written consent of Reuters. Reuters shall not be liable for any
actions taken in reliance thereon.
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