Welcome to Sholancer.com, the following terms and conditions (these "Terms of Service") govern your access to and use of the Sholancer website, including any content, functionality, and services offered on or through https://sholancer.com (the "Site"), by Sholancer, Inc., a Delaware corporation.
Please read the Terms of Service carefully. BY USING THE SERVICE AND THE SITE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DISAGREE, DO NOT USE THE SERVICE OR SITE.
Sholancer Overview
Sholancer is a platform ("Marketplace") that allows people to market, sell, and purchase services to enhance their online businesses, primarily Shopify and WooCommerce online stores. Freelancers and Buyers can join the Marketplace for free. Freelancers are people that offer and sell Services through Listing Pages on the Site. Buyers are people who purchase services from Freelancers on the Site. Listing Pages on the Site are where Freelancers can describe their services and their terms of Service for potential buyers interested in partnering with them and where Buyers can purchase those services and create an Order. An Order represents a formal agreement between a Buyer and a Freelancer to buy and provide the Services described on the Listing Page.
Site Restrictions
By accepting the Terms of Service noted in this document, you agree that in connection with using or accessing the Sholancer, you will not:
Post, list, or upload inappropriate content or services on the Site;
Create multiple Sholancer accounts;
Buy, sell, or transfer your Sholancer account to another party;
Post links to your personal portfolio/website where services can be purchased;
Breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
Use our services if you are not able to form legally binding contracts (for example, if you are under 18 years old) or are temporarily or indefinitely suspended from using our sites, services, applications, or tools;
If you are a Buyer, fail to pay for items purchased by you and delivered by a Freelancer according to the agreed-upon purchase order;
If you are a Freelancer, fail to provide the services or items sold by you and for which you have received payment;
Attempt to complete a transaction initiated through our platform outside the Sholancer;
Manipulate or interfere with any other user's listings;
Post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
Distribute viruses or any other technologies that may harm Sholancer or the interests or property of users;
Use any robot, spider, scraper, data mining tools, data gathering, and extraction tools, or other automated means to access our services for any purpose, except with the prior express permission of Sholancer;
Interfere with the working of our services, or impose an unreasonable or disproportionately large load on our infrastructure;
Infringe the copyright, trademark, patent, publicity, moral, database, and other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to Sholancer. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Sholancer or someone else;
Infringe any Intellectual Property Rights that belong to third parties affected by your use of the services or post content that does not belong to you;
Commercialize any Sholancer application or any information or software associated with such application, except with the prior express permission of Sholancer;
Harvest or otherwise collect information about users without their consent;
Circumvent any technical measures we use to provide the services;
Collect email addresses, phone numbers, or any other form of customer data to market your services to buyers outside of the Sholancer platform;
Collect email addresses, phone numbers, or any other form of customer data to sell them to a third party;
Ask a buyer or seller to communicate via email or SMS instead of the Sholancer Messaging system; or
Ask a buyer for their email, phone number, skype, or other messaging app credentials before placing an order.
If we believe you are violating our policies in any way, we may, at our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our services; delay or remove hosted content; remove any status associated with your account(s); remove, not display, and/or demote listings; reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our services.
We may cancel unconfirmed accounts or accounts that have been inactive or modify or discontinue our services for a long time. Additionally, we reserve the right to refuse or terminate all or part of our services to anyone for any reason at our discretion.
Freelancers or Sellers
Freelancers are pre-verified professionals who undergo a vetting process by Sholancer editors. While anyone can apply to be a Freelancer here, only those who the Sholancer editors approve will be allowed to create Listing Pages that are shown on the Site. Details of this vetting process are described here.
Sholancer provides Freelancer vetting and billing, and collection services only; all work described on Listing Pages, and agreed to in Orders, will be performed entirely by Freelancers.
For each order sold and completed by a Freelancer, Sholancer will accredit the Freelancer's designated bank account with an amount equal to 80% of the amount paid by the Buyer after any processing and service fees charged by our payment processor. These processing fees typically, but not always, represent 5% of the purchase price.
Sholancer will only accredit a Freelancer's bank account once an order is marked as completed. See our "Orders" section below for details on what constitutes a completed order.
Suppose an order is canceled for any reason before being marked as completed. In that case, the funds paid will be refunded to the Buyer's credit card, excluding any payment processing fees charged by our payments provider.
Revenues will be directly deposited into the Freelancer's bank account within seven days after a Buyer has marked the order completed. Even if the transaction is marked as completed immediately, the money may take up to seven days to appear in the Freelancer's account due to the processing policies of our payment processor.
Freelancers are responsible for paying any direct or indirect taxes, including any state sales taxes, VAT, and any other taxes that may apply to them based on their location and the services provided. Freelancers represent and warrant that they comply and will comply at all times with their obligations under all tax provisions in their jurisdiction. The listing price shown on the listing page includes all such taxes and charges that may apply to the Freelancers.
Since the Sholancer is simply a place to connect freelancers with those in need of their services and Sholancer does not employ the Freelancer directly or offer those services ourselves, detailed invoices beyond your emailed receipt are not available now Sholancer.
For security reasons, Sholancer may temporarily prohibit a Freelancer from logging into their account to prevent fraudulent or illicit activity. This may come from security issues, improper behavior reported by Buyers, or a Freelancer's creating multiple Sholancer accounts. Sholancer will attempt to contact the Freelancer in these situations and discuss ways to regain access to their account.
Sholancer Expert Freelancers
Sholancer Expert Freelancers are more likely to appear higher in our sort order. They can also be featured in email campaigns, social ads, contests, promotions, blog posts, videos, and other marketing campaigns. Sholancer may also promote this designation on the Freelancer's listing page.
Sholancer Expert Freelancers are chosen manually by Sholancer editors through an ongoing review process based on several factors, including but not limited to the following:
The volume of sales done through the Sholancer site
Extremely high Buyer ratings
Exceptional customer care and follow-up
High on-time order completion rate
Keeping all orders inside the Sholancer app
Tenure on Sholancer
Community leadership
Sholancer constantly evaluates Sholancer Expert Freelancers' eligibility to ensure that the quality standards and expectations associated with the Sholancer Super Freelancers designation are maintained. Sholancer Super Freelancers who cannot keep their high-quality Service;
stop delivering on time;
show a drop in Buyer ratings;
have more cancellations;
show evidence of taking more Sholancer-initiated transactions outside of Sholancer;
or who violate our Terms of Service risk losing their Sholancer Expert Freelancer status and the benefits that come with it.
Sholancer reserves the right to change this status at any time at its sole discretion.
Buyers or Merchants
Buyers may not request discounts for paying through an outside method such as PayPal. If a customer requests to pay a different way, they risk having their account permanently banned.
Buyers must keep all written communication with Freelancers on the Sholancer messaging system at all times.
Buyers may not request multiple revisions to gain more services from Freelancers above and beyond the agreed-upon order requirements.
Buyers may not threaten freelancers with bad reviews to get more services that are not included in the listing.
If a buyer orders Service and does not communicate their needs to the Freelancer within five days, the order may be canceled and refunded, excluding processing fees.
If an order is canceled, all funds except the processing fees will be refunded.
Listing Pages
The content shown on a listing page is created entirely by the Freelancer. Sholancer is not responsible for the content displayed on a Listing Page by a Freelancer and, while we do vet every Freelancer before allowing them on the Site, we do not review each Listing Page. We encourage all Buyers to contact Sholancer support at support@sholancer.com if they believe the content shown on a listing page is materially misleading.
Listing Pages and Profiles Pages may not include links to websites, email addresses, phone numbers, etc., that will take communication off the Sholancer Messaging System.
Sholancer may remove listings for violations of these Terms of Service.
Listings that are removed for violations are not eligible to be restored or edited without the approval of Sholancer. If you believe your listing has been removed inappropriately, please reach out to support@sholancer.com.
Sholancer reserves the right to show listing pages in any order based on its algorithms and rules in Buyer searches, with our primary goal always being to match Buyers with the Freelancers that best meet their needs. Some listings may be removed from these searches due to poor performance or any of the listed violations.
Listings containing websites promoting content or examples of past work which violate Sholancer's Terms of Service will also be removed.
All listing pages must show an appropriate image related to the Service offered by the Freelancer. Listings may also contain a video related to the Service provided in some cases.
Purchases
To create an order from a Freelancer's listing page, Buyers must use the "CONTINUE TO CHECKOUT" button on the Sholancer site.
Purchases are made using a Credit Card - Visa, MasterCard & AMEX are all accepted.
All prices on the Sholancer are listed in USD.
Service and payment processing fees are added at the point in the purchase process when a buyer can review and accept the total amount required to complete the order. These fees cover our payment processor's administrative expenses. The average fee assessed was 5% of the purchase price. Service fees are non-refundable; funds returned to a Buyer's credit card from canceled or refunded orders will not include service fees.
Payments made through Sholancer will be held in escrow until order completion, as described in more detail below. This keeps all Buyer payments safe from any fraudulent activity or material misrepresentations on a freelancer part. As discussed below, Sholancer's customer success team is available to resolve conflicts between Buyer and Freelancer to ensure a positive outcome for both parties on all payments made and orders completed through our Site.
You may not offer to pay Freelancers directly or through any method other than through the Sholancer.com site. If you have been asked to use an alternative payment method, please report it immediately to the Customer Success Team at support@sholancer.com. Any payments made outside our Site are not subject to any of the protections described above or below and may result in the Buyer and Freelancer's removal from our Site going forward.
Orders
Orders represent the formal Agreement between a Buyer and a Freelancer created after a Buyer purchases the Freelancer's listing page.
Once a Buyer's payment is confirmed, the Buyer's order will be created and given a unique Sholancer order number.
Upon completing the work advertised on Freelancer's listing page and purchased by the Buyer, Freelancers must deliver completed files and/or proof of work using the upload file feature located in the In-App Messenger.
An order will not be marked as complete until after the Buyer has reviewed the completed files and/or proof and clicked "Mark Order Completed."
If an order is accidentally marked completed and funds are transferred to a Freelancer, refunds are no longer possible as funds will be out of escrow.
Order Handling Details.
When a Buyer orders a service, the Freelancer is notified by email and by notifications on the Site when logged into their account.
Whenever a buyer completes a transaction on the Sholancer, the Buyer will receive an emailed receipt from Sholancer, which includes basic information about the transaction. This information consists of the purchased Service, the price paid, the date, and the payment method used. Detailed invoices beyond what is on your emailed receipt are not available directly from Sholancer.
Freelancers are required to meet the delivery time specified when creating their listing. Failing to do so will allow the Buyer to contact Customer Success to cancel the order. If the Freelancer asks the Buyer for an extension and agreed upon by the Buyer, cancellation is impossible unless the Freelancer is late by 24 hours on the extension.
Freelancers must upload completed files and/or proof of work using the Sholancer In-App Messenger.
Users are responsible for scanning all transferred files for viruses and malware. Sholancer is not liable for any damages that might occur due to site usage, including the use of such content or files transferred.
Freelancers must fulfill their orders and may not cancel orders without cause/Buyer consent. If a Freelancer wishes to cancel an order without the Buyer's permission, he may do so by contacting Sholancer Customer Success at support@sholancer.com. Cancellation without Buyer consent will hurt the Freelancer's status/ranking on the Sholancer and its ability to continue to provide services on our Marketplace.
Ratings and Reviews
Feedback reviews provided by Buyers once an order is completed an essential part of Sholancer's rating system. Reviews reflect the quality of the Service delivered and help reveal the Buyer's overall experience with the Freelancers.
Feedback comments given by Buyers are publicly displayed on a Freelancer's listing page.
Leaving feedback is the prerogative of the Buyer and Freelancer. Sholancer will post all reviews of confirmed orders made on our Site using Sholancer's order and payments system, regardless of ranking, unless there are clear violations to our Terms of Service on the part of the Buyer or Freelancer.
To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Sholancer platform from users within our Community. Reviews from purchases made outside of Sholancer will not be posted. Purchases arranged, determined to enhance Freelancer ratings artificially, or abuse the Sholancer platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
Withholding the delivery of services, files, or information required to complete the listing's Service with the intent to gain favorable reviews or additional services is prohibited.
Buyer attempts to renegotiate agreed-upon terms previously in exchange for a positive review are also strictly prohibited.
Freelancers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.
Disputes and Cancellations
We encourage our Buyers and Freelancers to try and settle conflicts between themselves without any intervention from Sholancer. However, if for any reason this fails or if you encounter non-permitted usage of the Site, users can contact Sholancer's Customer Success team for assistance at support@sholancer.com.
Freelancers can not grant refunds or cancellations. Refunds are only granted and approved through a Sholancer Customer Support Representative. If a freelancer agrees to a refund, it is not valid until Sholancer Customer Support deems it reasonable.
Order cancellations can only be performed on Sholancer, when eligible, by contacting our Customer Success team at support@sholancer.com.
If an order is canceled for any reason, the funds paid will be refunded to the Buyer's credit card, excluding any payment processing fees charged by our payment provider.
Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation of these Terms of Service. Doing so may lead to a temporary suspension of your account. Note: if a buyer files a dispute with its credit card merchant, bank, our payment provider, Sholancer will no longer be able to refund the money to the Buyer on its own due to the rules associated with disputes and our obligations towards the payment provider.
Sholancer reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
Buyer requests for revisions to previously agreed-upon orders can be performed through the Sholancer in-app messenger while the order is still pending.
Revision requests to ordered services can be performed only while the Service is still pending. Freelancers indicate the number of free revisions allowed on their listing page.
Freelancers may determine the number of modifications offered to Buyers while creating their listing, including no revisions.
Buyers cannot renegotiate terms, including asking for additional services beyond what was agreed upon in the original order.
Suppose a Buyer and Freelancer do wish to increase the scope of their partnership beyond what was agreed upon in the original order. In that case, they should create a new and separate order via Sholancer's same processes explained above.
Order Cancellation Details
Sholancer encourages Buyers and Freelancers to resolve service disputes mutually using the Sholancer in-app messenger.
Our Customer Success team will determine if an order is eligible to be canceled without penalty based on several factors, including violations to our Terms of Service, general misconduct, and improper usage of the Sholancer delivery system. See below for more details on specific qualifications that warrant an approved cancellation.
Upon review by our Customer Success Team, complete orders may be canceled up to 14 days after the Freelancer has sent files and/or proofs to the Buyer.
Orders are not eligible to be canceled based on the quality of the service/materials delivered by the Freelancer if the Service was rendered as described on the listing page. Buyers may rate their experience with the Freelancer on the review page in these situations, including the overall level of service quality received.
Buyers must use the Sholancer In-App Messenger to express their concerns and desired resolution related to the Service provided by their Freelancer before contacting Customer Success. Customer Success will not take any action against Orders where the Buyers failed to inform the Freelancer of the Freelancer's Service issues and will allow Freelancers to provide a resolution first. This does not include non-permitted usage of Sholancer.
After being reviewed by our Customer Success Team, any non-permitted usage of Sholancer encountered during an Order may result in the order being canceled. This includes, but is not limited to, harassment, unlawful behavior, or other violations to Sholancer's Terms of Service.
Criteria for Cancellation:
Active Orders (after the Buyer submits their requirements and before the Freelancer delivers on Sholancer)
The Freelancer is late and unresponsive for more than 24 hours past the deadline shown on the listing page.
Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.
Users supplied or included copyright/trademark infringing materials as part of the Buyer requirements or the Freelancer's delivery.
The user is no longer an active Sholancer user due to Terms of Service violations or closure of their account.
Delivered Orders (after the Freelancer has submitted a draft or revision of the order in the In-App Messenger)
The Freelancer delivers no files and/or proof of work related to the agreed-upon order requirements. Note: When the assessment of whether or not the files or proof of work delivered meet the agreed-upon order requirements is subjective on the part of either user, and the two cannot mutually agree between themselves, the assessment will be made by our Customer Success Team in its sole discretion and binding upon both parties.
The Freelancer requests additional payments, on or off the Sholancer platform, by withholding the final delivery of services directly related to the agreed requirements.
The Freelancer is withholding the final delivery of services for improved ratings.
Buyers who request multiple revisions in order to gain more services from Freelancers above and beyond the agreed-upon order requirements.
Buyers who threaten to leave a damaging review to gain more services from the Freelancer not related to the agreed-upon order requirements.
Completed Orders (after the order is marked as complete by the Buyer)
Users who have been reported to use copyright/trademark infringing materials after verification and with proof.
Buyers who did not purchase commercial use rights and are reported to have used the materials commercially.
Reporting Violations
If you come across any content that may violate our Terms of Service, you should immediately report it to our Customer Success Team at support@sholancer.com. Our Customer Success Team reviews all cases.
Ownership
Ownership and limitations: Unless clearly stated otherwise on the Freelancer's listing page/description, when the work is delivered, and payment is made, the Buyer is granted all intellectual property rights, including but not limited to, copyrights for the work produced from the Freelancer, and the Freelancer waives any moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. If the delivered work does not meet the requirements of work-for-hire or when U.S. Copyright Act does not apply, the Freelancer expressly agrees to assign to Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to Buyer shall be subject to full payment for the listing, and the delivery may not be used if payment is canceled for any reason. For removal of doubt, in custom-created work (such as artwork, design work, report generation, etc.), the delivered work shall be the exclusive property of the Buyer, and Freelancer assigns all rights, title, and interest in the delivered work.
Freelancers further confirm that whatever information they receive from the Buyer, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for delivering the ordered work to the Buyer.
Furthermore, users (both Buyers and Freelancers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Sholancer, including listing texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Sholancer for marketing and/or other purposes for no consideration.
Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Sholancer NOR ANY PERSON ASSOCIATED WITH Sholancer MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL Sholancer, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification for Breach of Terms of Use. You agree to indemnify and hold Sholancer, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims, or expenses (including attorneys' fees), made against Sholancer by any third party due to or arising out of or in connection with your use of the Site.
Third-Party Resources. The Site may contain links to third-party websites or other resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or other resources. Links to such websites or resources are provided only as convenient to you and do not imply any endorsement by or affiliation with Sholancer. You acknowledge sole responsibility for and assume all risk arising from using any such third-party websites or resources. For Freelancers, providing links on your Listing Pages or in conversations with Buyers to any other site to take transactions initiated by Sholancer outside of the Sholancer to avoid fees is expressly prohibited. It will be considered a violation of these Terms of Service.
Miscellaneous
Privacy Policy. Sholancer may use and disclose your information according to our Privacy Policy. Our Privacy Policy https://sholancer.com/infos/privacy is incorporated into these Terms of Service.
Intellectual Property. The Website, its original content, features, functionality (including look), our trademarks, service marks, logos, and Service Content ("Intellectual Property") are owned by Sholancer and are protected by the United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree not to copy, modify, create derivative works of, publicly display, publicly perform, or republish any of our Intellectual Property. The term "Content" includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, AdWords, and interactive features generated, provided, or made accessible on the Website or otherwise through Sholancer.
International Users. The Service is controlled, operated, and administered by Sholancer from our offices within the U.S. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the content accessed through the Website in any country or any manner prohibited by any applicable laws, restrictions, or regulations.
Compliance with Law. You represent and warrant that your use and interaction with Sholancer and its Service complies with all national, federal, state, and local laws, ordinances, and regulations. If you are located in a country outside the United States, it is your responsibility to determine that you comply with the laws of that country. You agree to indemnify and hold us harmless from any losses, including attorney fees that result from your breach of any part of these warranties.
Force Majeure. We shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond our reasonable control, including but not limited to acts of God, war, hackers, third-party internet providers, government orders, power failures, nuclear destruction, Armageddon or any other force majeure event.
Severability. The invalidity or unenforceability of any provisions of these Terms of Service shall not affect the validity or enforceability of any other provisions of these Term Service, which shall remain in full force and effect.
Survival. Any provision of these Terms of Service which imposes an obligation after termination or expiration of this Agreement shall survive the termination or expiration of this Agreement.
Headings. The section headings contained in these Terms of Service are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.
Waiver. Our failure to exercise or delay exercising any right, power or privilege under these Terms shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.
Governing Law. This Agreement shall be governed, construed, and enforced following the laws of the State of Delaware without regard to its conflict of laws rules, or international law or convention.
Dispute Resolution. Any dispute or controversy you or we have arising under or in connection with this Agreement shall be settled exclusively by binding arbitration solely by written submission in Austin, in the State of Delaware, in accordance with the Commercial expedited rules of the American Arbitration Association then in effect, by one arbitrator. Judgment may be entered on the arbitrator's award in any court having jurisdiction. The arbitrator shall not have the power to award any punitive or consequential damages. The arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect on issues or claims in any dispute with anyone who is not a named party to the arbitration.
The above notwithstanding, if you violate these Terms of Service, then we may seek injunctive or other equitable relief.
Notice. All notices to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any information to us will be adequate when delivered to us at:
Sholancer, Inc.
support@sholancer.com
651 North Broad Street
Middletown, DE, 19709
Copyright Infringement. If copyrighted content that belongs to you was posted on the Website without your permission, please notify us at:
Sholancer, Inc.
support@sholancer.com
651 North Broad Street
Middletown, DE, 19709
Please include in your notice:
An electronic or physical signature of the copyright owner or someone authorized to act on their behalf;
The name, address, telephone number, and email address of the copyright owner;
Identification of the copyrighted work that is being infringed;
Identification of where the infringing material is located on our Website (a URL works best);
A statement that you have a good faith belief that the use isn't authorized by the copyright owner, its agent, or the law;
A statement that the information in your notice is accurate, and
A comment that you're allowed to act on behalf of the
This statement must be made under penalty of perjury, meaning if any part of the statement is false, you could be committing perjury—a serious offense that's sometimes even classified as a felony.
Warning: If you knowingly make a false statement in your claim of copyright infringement, then you may be subject to liability for damages and heavy civil penalties. If you are not sure whether material on one of our Websites infringes your copyright, then you should speak with a lawyer before notifying us. We may forward your notice to the user that uploaded the content.
Electronic Communications. When you use the Site or send emails, text messages, and other communications from your desktop or mobile device, you communicate with us electronically. You consent to receive communications from us. We will share with you in various ways, such as by email, text, or by posting notices and messages on this Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Entire Agreement. Together with our Privacy Policy and any additional terms you have agreed to, these terms constitute(s) the entire agreement concerning its subject matter and constitute and supersede all prior agreements, representations, and understandings of the parties, written or oral.