TERMS AND CONDITIONS
SHIVOO, LLC (“Shivoo,” “us” or “we”), through its website shivooapp.com and the Shivoo stand-alone mobile application (collectively referred to herein as the “Website”), provides Users specific content, information and related statements regarding certain professional medical training and education for professionals in the community safety sector, (referred to as “Content” as applicable in these Terms and Conditions and other user policies). The services offered by Shivoo include the Content, the Website and any other features, content, or services offered from time to time by Shivoo in connection with the Website (collectively, the "Services").
This Terms and Conditions Agreement ("Agreement") sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement as a User.
You represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and/or the entity that you purport to represent.
Additional Terms. In order to participate in or receive certain Services, you may be required to download software or content and/or agree to additional terms and conditions, including payment through Shivoo’s third-party payment processor (who may have their own terms and conditions). Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate or that you choose to receive, those additional terms are hereby incorporated into this Agreement. To the extent there is a conflict between the terms in this Agreement and the terms and conditions posted for a specific area of the Website or in connection with a Service, the latter shall have precedence with respect to your use of that area of Website or Service.
Amendments. Shivoo may modify this Agreement from time to time and such modification shall be effective: (1) for Users who first use the Services after the posting, upon posting by Shivoo, (2) for existing Users, thirty (30) days after posting by Shivoo or thirty (30) days after Shivoo sends an e-mail containing a notification of such modifications and the continued use of the Services by the User thereafter, which shall constitute the User’s acceptance of the amended Agreement. If you do not agree to the modification, you must cease your use of the Services.
1. Eligibility. By using the Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are thirteen (13) years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your Shivoo Account (the "Account") may be deleted without warning if we believe that you are younger than thirteen (13). By registering for an Account, you consent to receive any and all communications (via email, push notification, standard mail, facsimile, etc.) from Shivoo, its parents, subsidiaries or affiliated entities.
2. Term. This Agreement shall remain in full force and effect while you use the Services or are a registered User. You may delete your Account at any time, for any reason by following the instructions on the Website. SHIVOO MAY TERMINATE YOUR ACCOUNT AT ANY TIME AND FOR ANY REASON, EFFECTIVE UPON SENDING NOTICE TO YOU AT THE THEN-CURRENT E-MAIL ADDRESS IN YOUR ACCOUNT PROFILE. Even after any termination, the terms of this Agreement will remain in effect. You understand that termination of this Agreement and your Account involves deletion of your Shivoo profile information from our live databases. Shivoo will not have any liability whatsoever to you for any termination of your Account or related deletion of your information.
3. Fees. You acknowledge that Shivoo reserves the right to charge for Services and to change its fees from time to time in its discretion, upon posting by Shivoo in the Website. Upon using the Services, you will be responsible for the payment of any applicable membership fees or other similar fees or costs, and shall pay such fees to Shivoo as set forth in the Website, which may utilize third-party services (Smooch, Stripe, etc.) for the collection and processing of such Fees. Fees will be charged on a per event basis, subject to changes or other payment processes as updated by Shivoo.
4. Conditions of Use.
4.1 Eligibility; Credit Card Terms. To utilize the Website, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. You will be required to give to Shivoo’s payment processor a valid credit card number (VISA, MasterCard, American Express or any other issuer then acceptable by such processor) and associated payment information including all of the following: (i) your name as it appears on the card, (ii) the credit card type, (iii) the date of expiration of your credit card, (iv) billing address, and (v) any activation numbers or codes needed to charge your card. Shivoo currently does not accept cash, checks or any other payment form, although in the future we may change this policy. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before Shivoo’s payment processor invoices the credit card for all amounts then due and payable. By providing Shivoo’s payment processor with your credit card number and associated payment information, you agree that Shivoo’s payment processor is authorized to immediately invoice your account for all fees and charges then due and payable to Shivoo, including any recurring monthly Fees. You agree to immediately notify Shivoo and its payment processor of any change in your billing address or the credit card used for payment hereunder. Shivoo reserves the right, at any time, to change its prices and billing methods either immediately upon posting on the Website or by e-mail delivery to you.
4.2 Fees and Charges. You agree to pay all fees and charges incurred in connection with your Account (including any taxes which may be imposed on such charges) at the rates in effect when the charges were incurred.
4.3 Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement, or such dispute will be deemed waived. Billing disputes should be notified to the following address: Shivoo, LLC - #1609, 1601 29th Street, Suite 1292, Boulder, Colorado 80301. If Shivoo does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Shivoo or its agents.
5. Password. When you sign up to become a User, you will also be asked to choose a username and a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, username, or password of another User at any time. You agree to notify Shivoo immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account.
6. Content. Shivoo and its licensors (including Users) own and retain all proprietary rights in the Content and the Services. Shivoo hereby grants you a limited, revocable, non-sublicensable license to utilize the Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services. Except as provided in the previous sentence, you shall not reproduce, distribute, publicly perform (including by means of digital audio transmission), publicly display, create derivative works of, and otherwise use the Content.
7. Your Content and Activity. The Website may contain a “chat” function where you may interact with Shivoo agents. You are solely responsible for any and submissions that are posted by or through your Account on any Services including any e-mail or chat. You agree that Shivoo retains the right to create limits on Shivoo's archiving of such data, including but not limited to the right to delete such data after a certain period without a purchase or to charge for extended storage of such data.
8.1 Prohibited Content. You agree that you will not post or submit on the Website any Prohibited Content. "Prohibited Content" includes content that Shivoo deems: (i) is offensive, pornographic, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses, or advocates stalking, bullying, or harassment, of another person; (iii) involves the transmission of "junk mail," "chain letters," unsolicited mass mailing, or "spamming,"; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, reproduces, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music or links to pirated music files; (vi) is involved in the exploitation of persons under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 13; (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (ix) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (x) violates any applicable law, including, but not limited to laws and regulations governing export control, unfair competition, anti-discrimination and false advertising; (xi) involves commercial activities that are detrimental to the interests of Shivoo; or (xii) otherwise violates this Agreement or creates liability for Shivoo. You agree to indemnify and hold Shivoo and its subsidiaries, affiliates, officers, employees, suppliers, service providers, and partner companies harmless for any claims, losses, liabilities and expenses arising out of or relating to any breach of this section.
8.2 Your Profile. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person’s permission.
8.3 User Interaction. You will not use (a) the Services and (b) any information obtained from the Services in order to harass, abuse, send Spam to, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent.
8.4 No Disruption. You will not: (i) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services; or (ii) introduce software or automated agents to the Services, generate automated messages, or to strip or mine data from the Services.
8.5 Miscellaneous. You will not attempt to impersonate another User or person, including any employee of Shivoo. You will use the Services in a manner consistent with any and all applicable laws and regulations.
8.6 Enforcement by Shivoo. Shivoo has the right (but not the obligation) to review any Content and delete any Content that in the sole judgment of Shivoo violates this Agreement; is Prohibited Content, is illegal, violates the rights, harms, or threatens the safety of any User or any other person; or creates liability for Shivoo, its suppliers, service providers, partner companies, or any User. Shivoo reserves the right (but has no obligation) to investigate and take action in its sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation, removing Prohibited Content from the Services, terminating your membership, reporting you to law enforcement authorities, and taking legal action against you.
9. DISCLAIMER OF WARRANTIES RELATED TO SOFTWARE. YOU ACKNOWLEDGE THAT THE SOFTWARE PROVIDED MAY CONTAIN BUGS AND ERRORS. THE SOFTWARE PROVIDED TO YOU "AS IS" AND ANY USE OF THE SOFTWARE IS AT YOUR OWN RISK. TO THE EXTENT LEGALLY PERMITTED UNDER THE WEBSITELICABLE LAW, SHIVOO, ITS PARENTS, SUBSIDIARIES AND AFFILIATED ENTITIES HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT WEBSITELY TO YOU.
10. DISCLAIMER OF WARRANTIES RELATED TO CONTENT. YOU ACKNOWLEDGE THAT THE CONTENT IS FOR INFORMATIONAL PURPOSES ONLY AND NEITHER SHIVOO, ITS PARENTS, SUBSIDIARIES AND AFFILIATED ENTITIES NOR ITS PRINCIPALS, OWNERS, AGENTS, ATTORNEYS, ADVISORS, ETC. HAVE MADE ANY WARRANTY OR GUARANTY TO YOU REGARDING THE ACCURACY, EFFECTIVENESS OR RELIABILITY OF ANY CONTENT PROVIDED VIA THE SOFTWARE OR THAT SUCH CONTENT IS A SUBSTITUTE FOR MEDICAL ADVISE OR ASSISTANCE. YOU ACKNOWLEDGE THAT YOUR USE, INTERPRETATION AND WEBSITELICATION OF THE CONTENT IS AT YOUR OWN RISK. SHIVOO, ITS PARENTS, SUBSIDIARIES AND AFFILIATED ENTITIES REQUIRE YOU TO SEEK PROFESSIONAL MEDICAL ATTENTION OR ADVICE FOR ANY TOPIC FOR WHICH YOU UTILIZE THE SOFTWARE. SHIVOO, ITS PARENTS, SUBSIDIARIES AND AFFILIATED ENTITIES HEREBY DISCLAIM ANY WARRANTY, EXPRESS, IMPLIED OR STATUTORY, REGARDING ANY INFORMATION, STATEMENTS, THOUGHTS, PRACTICES, ETC. PROVIDED TO YOU AS CONENT VIA THE SOFTWARE. YOU EXPRESSLY WAIVE ANY RIGHT OR CLAIM YOU MAY HAVE OR ANY THIRD-PARTY MAY HAVE THROUGH YOU AGAINST SHIVOO, ITS PARENTS, SUBSIDIARIES AND AFFILIATED RELATED TO YOUR USE OF THE SOFTWARE, THE CONTENT OR ITS WEBSITELICATION.
11. LIMITATION OF LIABILITY. YOU AGREE THAT TO THE EXTENT LEGALLY PERMITTED UNDER THE WEBSITELICABLE LAW, SHIVOO SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU, YOUR CUSTOMERS, YOUR EMPLOYEES, YOUR CONTRACTORS, YOUR AFFILIATES OR ANY THIRD PARTIES CAUSED BY FAILURE OF THE SOFTWARE TO FUNCTION, THE CONTENT, THE INTERPRETATION OF THE CONTENT, ANY FAILURE TO SEEK PROFESSIONAL MEDICAL ATTENTION OR ADVICE, OR ANY OTHER ACT OR OMISSION OF YOU IN RELATION TO THE SOFTWARE. IT IS THE EXPRESS INTENT HEREOF THAT THE SOFTWARE, THE CONTENT AND THE INFORMATION PROVIDED THEREBY IS FOR INFORMATION PURPOSES ONLY AND SHALL NOT BIND SHIVOO, ITS PARENTS, SUBSIDIARIES AND AFFILIATED ENTITIES IN ANY WAY TO ANY DAMAGES RELATED THERETO. FURTHERMORE, IN NO EVENT WILL SHIVOO BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, COST OF SUBSTITUTE GOODS, LOST DATA OR BUSINESS INTERRUPTION) IN CONNECTION WITH THE USE OF THE SOFTWARE, THE CONTENT OR IN CONNECTION WITH ANY OTHER CLAIM ARISING FROM THIS AGREEMENT, EVEN IF SHIVOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF SHIVOO ARISING FROM OR RELATING TO THIS AGREEMENT AND THE SOFTWARE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (E.G., CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, FRAUD OR OTHER LEGAL THEORY) IS LIMITED TO THE AMOUNTS PAID BY YOU TO SHIVOO DURING THE THREE (3) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO LIABILITY. WEBSITELICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT WEBSITELY TO YOU.
12. Release. You hereby release Shivoo, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with other Users.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
13. Indemnity. You agree to defend, indemnify, and hold Shivoo, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Services, your violation of this Agreement and/or arising from your breach of any provision of this Agreement.
14. Electronic communications. The communications between you and Shivoo use electronic means, whether you visit the Website or otherwise use the Service or send Shivoo e-mails, or whether Shivoo posts notices on the Website or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Shivoo in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Shivoo provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
15. U.S. Export Controls. Content and software available in connection with the Services (the "Software") is further subject to United States export controls. No Content or Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Content and Software, you represent and warrant that such download or use is not in violation of any such law.
16. Governing Law and Arbitration. This Agreement shall be governed by the laws of the State of Colorado without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You and Shivoo agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in Denver, Colorado (USA) and the federal courts located in the District of Colorado (USA) in such legal action or proceeding. The application of the United Nations Convention on the International Sale of Goods is hereby expressly excluded. Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement where the total amount of the award sought is less than five thousand U.S. Dollars (US$ 5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) all arbitration proceedings shall be held in English; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, Shivoo may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from Colorado law, including the laws governing what can legally sold, bought, exported, offered or imported. You shall always comply with all the international and domestic laws, ordinance, regulations and statutes that are applicable to your use of the Services.
17. Relationship of Parties. You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You have no authority to make or accept any offers or representations on our behalf. You will not make any statement that would reasonably contradict anything in this section.
18. Notices. Shivoo may give any notice required by this Agreement by means of a general notice on the Website, electronic mail to your e-mail address on record with Shivoo, or by written communication sent by first class mail or pre-paid post to your address on record with Shivoo. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twenty-four (24) hours after sending (if sent by email). You may give notice to Shivoo at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Shivoo at the following address: Shivoo, LLC - #1609, 1601 29th Street, Suite 1292, Boulder, Colorado 80301.
19. Force Majeure. A party will not be liable for non-performance or delay in performance (other than of obligations regarding payment of money) caused by any event reasonably beyond the control of such party including, but not limited to wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any "act of God."
25. Copyright/Trademark Information. Copyright ©2021, Shivoo, LLC. All rights reserved. The trademarks, logos and service marks ("Marks") displayed on the Website or in connection with the Services are the property of Shivoo or other third parties. You are not permitted to use these Marks without the prior written consent of the third party that owns the Mark.