The following terms and conditions govern all use of the shelly-manning.com and all services, products and contents available at or through the website (taken together, the website). The website is owned and operated by shelly-manning.com (“shelly-manning.com”). The website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, shelly-manning.com’s Privacy Policy) and procedures that may be published from time to time on this Site by shelly-manning.com (collectively, the “Agreement”).

Please read this agreement carefully before access or use the website. By access or use any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of services.

Payment.
General Terms.
By selecting a product or service, you agree to pay shelly-manning.com the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.

Responsibility of Website Visitors.shelly-manning.com has not reviewed, and cannot review, all of the material, including computer software, posted to the Website. By operating the Website, shelly-manning.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. shelly-manning.com disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content they’re posted.

Content Posted on Other Websites.We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which shelly-manning.com links, and that link to shelly-manning.com. shelly-manning.com does not have any control over those non-shelly-manning.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-shelly-manning.com website or webpage, shelly-manning.com does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. shelly-manning.com disclaims any responsibility for any harm resulting from your use of non-shelly-manning.com websites and webpages.

Copyright Infringement and DMCA Policy.As shelly-manning.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by shelly-manning.com violates your copyright, you are encouraged to notify shelly-manning.com in accordance with shelly-manning.com’s Digital Millennium Copyright Act (“DMCA”) Policy. shelly-manning.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. shelly-manning.com will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of shelly-manning.com or others. In the case of such termination, shelly-manning.com will have no obligation to provide a refund of any amounts previously paid to shelly-manning.com.

Intellectual Property.This Agreement does not transfer from shelly-manning.com to you any shelly-manning.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with shelly-manning.com. shelly-manning.com, shelly-manning.com, the shelly-manning.com logo, and all other trademarks, service marks, graphics and logos used in connection with shelly-manning.com, or the Website are trademarks or registered trademarks of shelly-manning.com or shelly-manning.com’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any shelly-manning.com or third-party trademarks.

shelly-manning.com reserves the right to display advertisements on your blog unless you have purchased an ad-free account.

shelly-manning.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. You’re continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. shelly-manning.com may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

shelly-manning.com may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. All provisions of this agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Limitation of Liability.In no event will shelly-manning.com, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to shelly-manning.com under this agreement during the twelve (12) month period prior to the cause of action. shelly-manning.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty.You represent and warrant that (i) your use of the Website will be in strict accordance with the shelly-manning.com Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

You agree to indemnify and hold harmless shelly-manning.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Health Disclaimers. All references to physical and/or mental health on www.shelly-manning.com website constitutes an educational service consisting solely of general health information. The materials are provided “as is” and without warranties of either express or implied.

• Not a Substitute of Professional Medical Advice and/or Treatment. Website’s content is not substitute for direct, personal, professional medical care and/or diagnosis. None of the exercises or methods (including products and services) mentioned atshelly-manning.com should be performed or otherwise used without clearance from your physician or health care provider. The information contained within is not intended to provide specific physical or mental health advice, or any advice whatsoever, for any individual or company and should not be relied upon in that regard.
• There may be risks associated with participating in activities mentioned onshelly-manning.com for people in poor health or with pre-existing physical or mental health conditions. Because these risks exist, you will not participate in such activities if you are in poor health or have a pre-existing mental or physical condition. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities.
• Facts and information are believed to be accurate at the time they were placed inshelly-manning.com. All data provided in this website is to be used for information purposes only. Products and services described are only offered in jurisdictions where they may be legally offered. Information provided is not all-inclusive, and is limited to information that is made available and such information should not be relied upon as all-inclusive or accurate.
• You agree to holdwww.shelly-manning.com, its owners, agents, and employees harmless from any and all liability for all claims for damages due to injuries, including attorney fees and costs, incurred by you or caused to third parties by you, arising out of the activities discussed on this website, excepting only claims for gross negligence or intentional tort.

This Agreement constitutes the entire agreement between shelly-manning.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of shelly-manning.com, or by the posting by shelly-manning.com of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; shelly-manning.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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