TERMS OF USE

Welcome to the Shelby Systems © Community website, available at http://community.shelbysystems.com (this “Site”). This Site is owned and operated by Shelby Systems, Inc. (“Shelby Systems”). Please read this User Agreement and Terms of Use (this “Agreement”) carefully. It is a legal agreement between you and Shelby Systems and (together with any license agreement between you and Shelby Systems) shall govern your use of this Site, all APIs, CodeSmith templates, documents, code samples, and any modules, add-ons and extensions available through this Site (collectively, “Extensions”).

By using this Site or any Forum, uploading or downloading any Extensions, and/or submitting personal information through the Site, you agree to and are bound by the terms of this Agreement, including but not limited to conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and Tennessee law. If you are entering into this Agreement on behalf of your employer, the license granted and restrictions and limitations recited herein apply to your employer as well as to you as a representative of your employer.

1. SITE CONTENT

(a) This Site is for your personal and noncommercial use. All contents of this Site are: ©Shelby Systems, Inc. All rights reserved. SHELBY SYSTEMS, ShelbyNext, ARENA and the Arena logo are trademarks of Shelby Systems, Inc. This Site contains copyrighted material, trademarks, service marks, trade dress and other proprietary content, including but not limited to text, software, sound, photographs, buttons, images, logos, video and graphics (the “Content”), and the entire selection, coordination, arrangement and “look and feel” of this Site and the Content are copyrighted as a collective work under United States copyright laws (collectively, “Intellectual Property Rights”). Neither this Agreement nor your use of this Site transfers any right, title or interest in the Site or the Content to you, and Shelby Systems and its third party licensors retain all of its and their respective rights, title and interest to the Site and Content.

(b) Except as provided in this Agreement or as permitted in any license agreement between you and Shelby Systems, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from this Site, in whole or in part.

(c) This Site is available worldwide to anyone with Internet access. However, this Site may not be continuously available due to maintenance or computer problems or crashes, disruption in Internet service, or other unforeseen circumstances.

(d) A reference to a product or service on this Site does not imply that such product or service is or will be available in your location. The Content of this Site, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations.

(e) Certain materials on this Site may be furnished by third parties, including Extensions developed, uploaded or provided by community members. Shelby Systems will not be liable for any delays, inaccuracies, errors or omissions in any such materials or Extensions, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom.

(f) Certain product, service, or company designations for companies other than Shelby Systems may be mentioned in the Site for identification purposes only. Third party trademarks, trade names, logos, product or services names contained on this Site are the trademarks, registered or unregistered, of their respective owners.

2. FORUMS AND BULLETIN BOARDS

There may be bulletin boards, forums, blogs, chat rooms and discussion threads (the “Forums”) on this Site, including a password-protected portion of the Forums known as the “Arena Developer Community.” The Forums help members and licensees of Shelby System’s software  to seek information from colleagues, help find answers to problems, heighten knowledge, and support innovative uses of the software. The Forums also offer an opportunity for communication and information sharing among a variety of participants and make it easier for members to find answers to user-solvable problems. Shelby Systems hopes the Forums provide you with a wealth of information from fellow community members. However, all users should read and follow these guidelines for participation in the Forums:

(a) Shelby Systems encourages discussions and debates, but all users should share their thoughts politely and constructively. While we strongly encourage open debates, we want to make sure that they take place in a climate of mutual respect. Content that is abusive, vulgar, racist, slanderous, libelous, harassing, misleading, otherwise objectionable or in bad taste will not be tolerated. In addition, any form of direct or indirect personal attack or harassment is unacceptable behavior. Any comment that calls for unlawful or illegal behavior or might result in harm to others is not allowed.

(b) Forum postings do not necessarily represent the professional advice or opinions of Shelby Systems or its staff. The results of any actions you take based on the advice you find in the Forums are your responsibility alone. You are responsible and liable for all activities conducted by you in such Forums and for the content of your messages. Members shall be solely responsible for ensuring that they do not act in any manner which constitutes, or forms a part of a course of conduct amounting to, a violation of any state, federal or other applicable competition law. If you violate the terms of this Agreement, you will have your access to the Forums suspended and may permanently be banned from using such Forums.

(c) You are not allowed to post or transmit any message, data, code, software or Extension that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.

(d) Shelby Systems has no obligation to monitor any Forums on this Site. However, Shelby Systems reserves the right to review, reprint, modify, distribute, remove or delete any posts in the Forums. Shelby Systems reserves the right at all times to disclose any information as Shelby Systems deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Shelby Systems’ sole discretion. Shelby Systems is not obliged to maintain back-up copies of any material submitted or posted on this Site. 

There may be bulletin boards, forums, blogs, chat rooms and discussion threads (the “Forums”) on this Site, including a password-protected portion of the Forums known as the “Arena Developer Community.” The Forums help members and licensees of Shelby System’s software  to seek information from colleagues, help find answers to problems, heighten knowledge, and support innovative uses of the software. The Forums also offer an opportunity for communication and information sharing among a variety of participants and make it easier for members to find answers to user-solvable problems. Shelby Systems hopes the Forums provide you with a wealth of information from fellow community members. However, all users should read and follow these guidelines for participation in the Forums:

(a) Shelby Systems encourages discussions and debates, but all users should share their thoughts politely and constructively. While we strongly encourage open debates, we want to make sure that they take place in a climate of mutual respect. Content that is abusive, vulgar, racist, slanderous, libelous, harassing, misleading, otherwise objectionable or in bad taste will not be tolerated. In addition, any form of direct or indirect personal attack or harassment is unacceptable behavior. Any comment that calls for unlawful or illegal behavior or might result in harm to others is not allowed.

(b) Forum postings do not necessarily represent the professional advice or opinions of Shelby Systems or its staff. The results of any actions you take based on the advice you find in the Forums are your responsibility alone. You are responsible and liable for all activities conducted by you in such Forums and for the content of your messages. Members shall be solely responsible for ensuring that they do not act in any manner which constitutes, or forms a part of a course of conduct amounting to, a violation of any state, federal or other applicable competition law. If you violate the terms of this Agreement, you will have your access to the Forums suspended and may permanently be banned from using such Forums.

(c) You are not allowed to post or transmit any message, data, code, software or Extension that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.

(d) Shelby Systems has no obligation to monitor any Forums on this Site. However, Shelby Systems reserves the right to review, reprint, modify, distribute, remove or delete any posts in the Forums. Shelby Systems reserves the right at all times to disclose any information as Shelby Systems deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Shelby Systems’ sole discretion. Shelby Systems is not obliged to maintain back-up copies of any material submitted or posted on this Site. 


3. USER CONDUCT

Shelby Systems hopes your experience in the Forum community is a pleasant and productive one. However, by using this Site or Forums, you agree that you shall not: 

(a) Violate any code of conduct or other guidelines which may be applicable for any particular Forum;

(b) Delete, modify, hack or attempt to change or alter any of the Content on the Site;

(c) Use the Forums or this Site in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise);

(d) Use any device, software or routine intended to damage or otherwise interfere with the proper functioning of the Site, servers or networks connected to the Site, or take any other action that interferes with other parties’ use of the Site;

(e) Use any robot, spider or other automatic or manual device or process for the purpose of harvesting or compiling information on the Site for purposes other than for a generally available search engine;

(f) Use Shelby Systems’ names, service marks, or trademarks without our prior written consent, including without limitation, as metatags, search engine keywords, or hidden text;

(g) Use any material or information, including images or photographs, which are made available through this Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;

(h) Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;

(i) Create a false identity for the purpose of misleading others;

(j) Provide false information on your registration form, or impersonate someone else;

(k) Advertise or offer to sell or buy any goods or services for any business purpose, unless such a Forum specifically allows such messages;

(l) Download any file posted by another user of the Forum that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;

(m) Restrict or inhibit any other user from using and enjoying the Forums;

(n) Publish, post, upload, distribute or disseminate any inappropriate, profane, obscene, indecent or unlawful topic, name, material or information; or

(o) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any third party. 


4. PERMISSABLE USE

Except as indicated to the contrary elsewhere on this Site, you may view, copy, retransmit and print the Content available on this Site subject to the following conditions:

(a) The Content is used solely for personal, informational, or internal business purposes;

(b) The Content is not provided, sold, licensed or leased (nor is access provided to the Content) for any fee or other consideration;

(c) All copyright, trademark and other proprietary rights notices included in the Content as presented on this Site appear on all copies;

(d) The Content is not modified or altered in any way; and

(e) No graphics are used separately from accompanying text. 

You may also link or hyperlink to the home page of the Site from any Acceptable Site (as defined below), but only if:

(a) You do not frame the Site or any portion of the Site;

(b) You do not deep link into the Site (i.e., you do not link into any page other than the home page);

(c) The hyperlink to the Site is not used in a way that suggests that Shelby Systems endorses you or your website;

(d) The link to the Site is not used or presented in any way that disparages Shelby Systems or tarnishes, blurs or dilutes the quality of Shelby Systems’ names or trademarks or any associated goodwill; and

(e) The link to the Site is not displayed on any web page that displays objectionable content or links. 

An “Acceptable Site” means a website that displays no objectionable content, including, but not limited to, any content, information in any medium or format, such as text, data, graphics, audio or video, that: (i) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (ii) a reasonable person would consider harassing, abusive, threatening, harmful, profane, obscene, racially, ethnically or otherwise objectionable or offensive in any way; (iii) constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts or hate speech; or (iv) violates or encourages others to violate any applicable law.


5. ARENA DEVELOPER COMMUNITY EXTENSION SUBMISSIONS

(a) This Site may include or provide access to Extensions developed or contributed by community members or organizations of interest to the community. In order to send Shelby Systems an Extension to be distributed to the developer community through this Site, all contributors are required to have a license to access the password-protected portion of this Site and have registered with Shelby Systems.

(b) You may not contribute Extensions that violate the property rights of others, including unauthorized intellectual property, trade secrets or other confidential proprietary information of a third party. By uploading or otherwise providing an Extension, you warrant that any Extensions or other information you contribute or submit to Shelby Systems are original or are in the public domain and that you are the sole author with the full power to submit the same and to grant a license to Shelby Systems. You grant Shelby Systems a royalty-free, perpetual, irrevocable, non-exclusive, transferable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and license and/or sell the Submissions (in whole or part) worldwide and/or to incorporate such Submissions in other works in any form, media or technology now known or later developed. You waive any and all moral rights you may have in any such Extensions as well as any claim to a right of credit or approval.

(c) Shelby Systems assumes no responsibility or liability for any Extensions provided by community members. 


6.
MODIFICATIONS TO AGREEMENT

Shelby Systems may modify this Agreement from time to time. Please review this Agreement periodically for any updates or changes. Your continued use of this Site following the posting of any updates or changes to this Agreement constitutes your acceptance of such changes. If you object to any provision of this Agreement or any subsequent modifications to this Agreement, your only recourse is to immediately terminate use of the Site and Forums.


7. TERMINATION OF SITE/MODIFICATIONS TO SITE

Shelby Systems reserves the right to modify or terminate your access to the Site (or portions of the Site) at any time, temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. Sections 1, 2, 3, and 5-20 of this Agreement shall survive any termination. Shelby Systems may also impose limits on certain features and services, restrict your access to parts or all of this Site, or charge fees for access to portions of this Site without notice or liability. You acknowledge and agree that Shelby Systems will not be liable to you or any third party in the event that Shelby Systems exercises its right to modify or terminate access to the Site or portions of the Site.


8. PRIVACY

Shelby Systems will treat any information it collects from you through this Site in accordance with its online Privacy Policy (the “Privacy Policy”), which is hereby incorporated by reference. Please review the Privacy Policy before you use this Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use this Site.  


9. USER CORRESPONDENCE

Shelby Systems is pleased to hear from its licensees and welcomes comments regarding this Site and our software. However, in the event that you submit or otherwise communicate to Shelby Systems or the Site any creative ideas, reviews, commentary or posting to a Forum, such as suggestions, original creative materials, artwork, notes, drawings, concepts or other information (collectively, the “Submissions”), you warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. You automatically grant (or warrant that the owner of such rights has expressly granted) Shelby Systems the royalty-free, perpetual, irrevocable, non-exclusive, transferable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, license and/or sell the Submissions (in whole or part) worldwide and/or to incorporate such Submissions in other works in any form, media or technology now known or later developed. You waive any and all moral rights you may have in any such Submissions as well as any claim to a right of credit or approval. None of the Submissions shall be subject to any obligation of confidence on the part of Shelby Systems, and Shelby Systems shall not be liable for any use or disclosure of any Submissions.


10. COPYRIGHT INFRINGEMENT

In accordance with the Digital Millennium Copyright Act (“DMCA”) http://lcweb.loc.gov/copyright/, Shelby Systems has designated an agent to receive notifications of alleged copyright infringement associated with the Site. Shelby Systems will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action under the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent at [webmaster@shelbysystems.com] or through the address set forth at the end of this page. When notifying Shelby Systems of the alleged copyright infringement, please include all of the following information:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;

(b) Identification of the copyrighted work alleged to have been infringed;

(c) A description of the material that is claimed to be infringing and information sufficient to locate the material on the Site;

(d) Information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;

(e) A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf. 

If material is believed in good faith by Shelby Systems to infringe a copyright or otherwise violate any Intellectual Property Rights, Shelby Systems will remove or disable access to any such material.


11. OTHER SITES, CONTENT, PRODUCTS AND SERVICES

As a convenience to you, this Site may provide links to web sites and access to content, products and services of third parties, including without limitation, Shelby Systems’ affiliates, advertisers and strategic partners and other entities with which our connection consists of only a hyperlink (“Linked Sites”). You should refer to the separate terms of use, privacy policies, and other rules posted on Linked Sites before you use them. Shelby Systems does not author, edit or monitor these Linked Sites, and is not responsible or liable for (a) the availability of or content provided on such Linked Sites, nor does inclusion of any link imply endorsement of the Linked Sites by Shelby Systems, or vice versa; (b) third party content accessible through such Linked Sites; (c) any loss or damage whatsoever you may incur from dealing with any Linked Site; or (d) your dealings with any third parties found on or through this Site, including your participation in promotions, the payment for and delivery of goods if any, and any terms, conditions, warranties, or representations associated with such dealings. You bear all risk associated with the use of such Linked Sites, third party services, and your correspondence or business dealings with advertisers other than Shelby Systems found on or through this Site.


12. TYPOGRAPHICAL ERRORS

Our goal is to provide complete, accurate, up-to-date information on our Site. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This Site may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. Shelby Systems therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.


13. DISCLAIMER

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS SITE AND ALL CONTENT, MATERIALS, EXTENSIONS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THIS SITE, ARE PROVIDED ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. SHELBY SYSTEMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. SHELBY SYSTEMS MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT OR ANY EXTENSION WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE OR ACCURATE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE; (D) THE QUALITY OF ANY EXTENSION, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (E) THAT DEFECTS, IF ANY, WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SHELBY SYSTEMS OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, EXTENSIONS AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE OR FORUMS IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, EXTENSIONS AND/OR DATA.


14. LIMITATION OF LIABILITY

IN NO EVENT SHALL SHELBY SYSTEMS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THIS SITE OR ANY EXTENSIONS OR SERVICES PROVIDED IN CONNECTION WITH THIS SITE, EVEN IF SHELBY SYSTEMS HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.


15. INDEMNITY

You agree to indemnify and hold Shelby Systems, its affiliates, shareholders, directors, officers, licensors, subsidiaries, parents, employees and agents, harmless from any claim, demand, liability, dispute, damage, cost, expense, or loss, including attorneys’ fees and costs of litigation, arising out of or in any way related to your use of or access to this Site, your use of the Content, including any use by your employees, any Extension, any content that is provided by you or through your member ID and/or password, your violation of this Agreement or your violation of any rights of another. You agree to cooperate as fully as reasonably required in the defense of any claim. Shelby Systems reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.


16. LIMITATION ON ACTIONS BROUGHT AGAINST SHELBY SYSTEMS

You agree that any claim or cause of action arising out of your use of this Site or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Shelby Systems to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.

 
7. DISPUTE RESOLUTION

You agree that any dispute arising out of or relating in any way to your use of this Site requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Intellectual Property Rights, Shelby Systems may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in Memphis, Tennessee, U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to this Agreement, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.

BECAUSE THE USE OF THIS SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION, THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.

The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (a) to the non-exclusive jurisdiction of the courts of the State of Tennessee or to any Federal Court located within the State of Tennessee for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law. Should this Section 15 be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in Memphis, Tennessee.


18. ACKNOWLEDGEMENT

You acknowledge (a) that you have read and understood this Agreement; and (b) that this Agreement has the same force and effect as a signed agreement 


19. GENERAL

If any provision in this Agreement is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement will remain in full force and effect. Shelby Systems’ failure to act with respect to a breach by any visitor using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. This Agreement will be governed by and construed in accordance with the laws of the State of Tennessee without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States will govern. 


20. CONTACT INFORMATION

If you have any questions about this Agreement, the practices of Shelby Systems, or your dealings with this Site, please contact us through the address below. You also may contact us to update your personal information by notifying us when you change your name or e-mail address.

  

Email: customerservice@shelbyinc.com
Address: Shelby Systems, Inc.
7345 Goodlett Farms Parkway
Cordova, TN 38016
Telephone: (888) 772-7362
(901) 260-7019

Date Last Updated: May 27, 2015