Terms and Conditions of Use – ShawnNowotnik.com
Last Updated: May 1, 2022
Welcome to the ShawnNowotnik.com website (also referred to as the “Shawn Nowotnik Site” and “website of Shawn Nowotnik” and “Mr. Nowotnik’s website”), a website owned and operated by Am-biv-a-lent LLC.
These Terms and Conditions of Use require the use of binding arbitration to resolve disputes rather than jury trials or class actions. You also may follow instructions and have the right to opt-out of any site outreach/engagement.
Separate terms and conditions apply to the purchase, download and use of digital content or any of his books or content.
LICENSES AND RESTRICTIONS
Licenses. ShawnNowotnik.com grants the User a limited, nonexclusive, revocable right to access and create a link to Shawn Nowotnik’s websites so long as the link does not portray Shawn Nowotnik, his brand, company, website or respective products or services in a false, misleading, derogatory or otherwise offensive manner.
1.2 Restrictions. The licenses in Section 1.1 do not include any rights to:
(a) modify, download (other than page caching), reproduce, copy, or resell the Shawn Nowotnik Content or any portion or derivative thereof;
(b) commercially use www.ShawnNowotnik.com and Am-biv-a-lent LLC (also referred to as “Am-biv-a-lent.com”) and Shawn Nowotnik’s brand, the Content or any portion derivative thereof (unless User has an approved business relationship with Mr. Nowotnik and authorized use of his brand, content, or services, in which case such commercial use will be governed by the terms applicable to such business relationship);
(c) copy or download any User’s account or profile information for the benefit of any third party;
(d) enable high volume, automated, electronic processes that apply to ShawnNowotnik.com or its entities, the Content or any portion or derivative thereof;
(e) use any robot, spider, data miner, crawler, scraper or other automated means to access or index the ShawnNowotnik.com or its systems, the Content or any portion or derivative thereof for any purpose;
(f) interfere or attempt to interfere with the proper working of the ShawnNowotnik.com website or related business websites owned by Mr. Nowotnik;
(g) bypass any measures used by ShawnNowotnik.com to prevent or restrict access to any portion of the ShawnNowotnik.com or Am-biv-a-lent.com website, the Content or any portion or derivative thereof;
(h) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Shawn Nowotnik, his brand, websites, books or content;
(i) use Shawn Nowotnik’s name, trademarks, services marks or logos in any meta tags or any other “hidden text”; or
(j) compile, repackage, disseminate or otherwise use data extracted from ShawnNowotnik.com, Mr. Nowotnik’s brand, Am-biv-a-lent LLC or its entities’ sites, content, or services.
The foregoing are expressly prohibited and the right to do any of the foregoing shall require Shawn Nowotnik’s express written consent (which may include a written agreement signed by an authorized representative of Shawn Nowotnik’s organization). Any unauthorized use of the ShawnNowotnik.com, Mr. Nowotnik’s brand or his other businesses, the Content or any portion or derivative thereof shall terminate any license or permission granted by Shawn Nowotnik.
Shawn Nowotnik, or its affiliated or owned companies, or third parties from whom Shawn Nowotnik has permission, own the trademarks or service marks that are used on ShawnNowotnik.com. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Shawn Nowotnik and his companies, brand and content may not be used without prior written consent of Shawn Nowotnik, as the case may be. Without limiting the foregoing, no Shawn Nowotnik trademark or trade dress may be used in connection with any product or service that is not Shawn Nowotnik’s and/or his entities, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Shawn Nowotnik.
3.1 Proprietary Rights. User acknowledges that Shawn Nowotnik, his services, websites, entities, brand, and companies’ materials contain certain content (such as text, graphics, photographs, video, audio, code, and other data or information relating to any subject) (“Content”), that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is or may be copyrighted as a collective work under the U.S. copyright laws, and Shawn Nowotnik owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on ShawnNowotnik.com or his books or related websites. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws, User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other property right. In addition to the foregoing, use of any software Content shall be governed by these terms and any software license agreement accompanying such software.
3.2 Third-Party Content. Shawn Nowotnik is a publisher, author, editor, and creative artist with sole editorial control of any of his content supplied by third parties. For user-created content, Shawn Nowotnik is not obligated to review Content but has the right to remove it at any time. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content, including User Created Content, expressed or made available by third parties, including any other User, are those of the respective authors and not of Shawn Nowotnik or any Shawn Nowotnik entity, unless expressly stated otherwise. Neither Shawn Nowotnik nor any Shawn Nowotnik entity makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third-party Content unless otherwise expressly stated. In many instances, the Content, including User Created Content, available through the Shawn Nowotnik Services represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall either Shawn Nowotnik or his entities, products or services be liable for any loss, damage or harm caused by a User’s reliance on information obtained through Shawn Nowotnik entities, websites, content or services. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content, including User Created Content, available through Shawn Nowotnik brand, entities, products or services.
4. AGE OF USERS
Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 (“Minors”) are not permitted to use Shawn Nowotnik websites without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on any of the Shawn Nowotnik websites, we will remove that information as soon as possible.
5. TERMINATION OF USAGE
5.2 Restricted Users. In certain cases, in Shawn Nowotnik’s sole discretion, Shawn Nowotnik may provide written notice (a “Restriction Notice”) to a User (a “Restricted User”) to inform such Restricted User that (i) his or her right to use or access any part of the Shawn Nowotnik Services has been terminated, including the right to use, access or create any account thereon; (ii) that Shawn Nowotnik refuses to provide any services to such Restricted User. Other conditions may apply and shall be set forth in the Restriction Notice.
7. INTERACTIVE COMMUNITY
7.1 Interactive Community Users. The Shawn Nowotnik Services offer numerous opportunities for interactive activities, which enable Users to communicate with each other directly, or which enable Users to post information and other material that will be visible to other Users of those services (“Interactive Community”). This Section 7, Interactive Community, applies to the activities of persons who are using the interactive features within ShawnNowotnik.com’s (“Interactive Community Users”). The scope of these features may change from time to time, with or without notice. You are using Interactive Community features if you post a review or blog entry, create a list, create a profile, submit any other User Created Content, as defined below, or otherwise participate in any interactive feature.
7.3 Right to Remove Profile or Terminate Access. ShawnNowotnik.com reserves the right, in its sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Interactive Community features for any reason.
7.4 Misuse of Interactive Community Services. If you become aware of misuse of the Interactive Community features, including any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any applicable law, please contact info@ShawnNowotnik.com immediately on the page in question.
7.5 User Created Content.
(a) Notwithstanding the foregoing, Shawn Nowotnik assumes no responsibility for ongoing monitoring of the ShawnNowotnik.com website or other related digital entities (including social media pages/sites) or for removal or editing of any User Created Content, even after receiving notice. Shawn Nowotnik assumes no liability for any action or inaction with respect to conduct, communication, or User Created Content within the Interactive Community. You are responsible for your interactions with other Users.
(b) You may not post User Created Content that: involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; contains restricted or password only access pages or hidden page or images (those not linked to or not otherwise from another accessible page); solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes; includes a photograph or video of another person that you have posted without that person’s consent; circumvents or modifies, or attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying, any security technology or software that is part of Shawn Nowotnik’s brand, websites, products, services, entities, or companies; involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; covers or obscures the banner advertisements on your personal profile page; involves any automated use of the Shawn Nowotnik Services, such as, but not limited to, using scripts to add friends or send comments or messages; interferes with, disrupts, or creates an undue burden to Shawn Nowotnik’s brand, entities, products, services or companies connected to the Interactive Community services; impersonates or attempts to impersonate another Interactive Community User, person or entity; uses the account, username, or password of another Interactive Community User at any time or discloses your password to any third party or permits any third party to access your account; sells or otherwise transfers your profile; uses any information obtained from Shawn Nowotnik’s brand, websites, content, entities, and companies to harass, abuse, or harm another person or entity, or attempting to do the same.
(c) Interactive Community Users may upload to or otherwise submit to Shawn Nowotnik for distribution on ShawnNowotnik.com only (i) User Created Content that is not subject to any copyright or other proprietary rights restrictions; or (ii) User Created Content in which the owner or licensor has given express authorization for Shawn Nowotnik to distribute over the Internet. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Any copyrighted or other proprietary User Created Content distributed with the consent of a copyright owner should contain a phrase such as “Copyright, owned by [name of owner]; used by permission.” Shawn Nowotnik is entitled to presume that all User Created Content conforms to the foregoing requirements. The unauthorized submission of copyrighted or other proprietary User Created Content is illegal and could subject the User to personal liability for damages in a civil suit as well as criminal prosecution. Interactive Community Users assume all liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of User Created Content. Shawn Nowotnik assumes no liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from any User Created Content.
(d) By submitting User Created Content within the Interactive Community, Interactive Community Users automatically grant, or represent and warrant that the owner or authorized licensor of such User Created Content has expressly granted, Shawn Nowotnik, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance and distribute the User Created Content in whole or in part worldwide and/or to incorporate such User Created Content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such User Created Content. Subject to this grant, the licensor of User Created Content submitted to Shawn Nowotnik retains any and all rights which may exist in such User Created Content.
User consents to electronic communications with Shawn Nowotnik, whether addressed to the e-mail address associated with such User’s Shawn Nowotnik profile or posted on ShawnNowotnik.com and his related social media sites. User acknowledges and agrees that any communication via e-mail or by postings on ShawnNowotnik.com, his other digital sites or social media, satisfies any legal requirement that such communications be made in writing.
9. DISCLAIMERS AND LIMITATION OF LIABILITY
9.1 DISCLAIMER OF WARRANTIES.
(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHAWN NOWOTNIK, HIS BRAND, ENTITIES, PRODUCTS, SERVICES AND COMPANIES AND ANY SHAWN NOWOTNIK ACCOUNT ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. THE USE OF SHAWN NOWOTNIK’S CONTENT, PRODUCTS OR SERVICES OR ANY SHAWN NOWOTNIK ACCOUNT IS AT YOUR SOLE RISK. NEITHER WE NOR OUR COMPANIES (AS APPLICABLE) MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, THAT SHAWN NOWOTNIK.COM, ANY SHAWN NOWOTNIK ACCOUNT WILL: (I) BE UNINTERRUPTED OR SECURE; (II) BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (III) OTHERWISE MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, LACK OF HIDDEN OR LATENT DEFECTS, SECURITY, MERCHANTABILITY, SATISFACTORY QUALITY, QUIET ENJOYMENT AND NON-INFRINGEMENT OR ARISING BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING.
(b) SHAWN NOWOTNIK IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY, USER CREATED CONTENT POSTED ON SHAWNNOWOTNIK.COM OR THE BRAND’S OTHER ENTITIES, PRODUCTS OR SERVICES. USER CREATED CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF SHAWN NOWOTNIK.COM PROFILES AND THIRD-PARTY APPLICATIONS CREATED AND POSTED BY USERS ON SHAWNNOWOTNIK.COM MAY CONTAIN LINKS TO OTHER WEBSITES. SHAWN NOWOTNIK IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY OR OPINIONS EXPRESSED ON SUCH WEBSITES, AND SUCH WEBSITES ARE NOT NECESSARILY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY SHAWN NOWOTNIK. INCLUSION OF ANY LINKED WEBSITE ON SHAWNNOWOTNIK.COM DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE BY SHAWN NOWOTNIK. WHEN YOU ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. SHAWN NOWOTNIK IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF SHAWNNOWOTNIK.COM.
9.2 LIMITATION OF LIABILITY.
(a) EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR COMPANIES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA, OR DAMAGE TO REPUTATION OR GOODWILL OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR LOSSES ARISING FROM, RELATING TO OR CONNECTED WITH YOUR USE OF (OR INABILITY TO USE) SHAWN NOWOTNIK’S BRAND, PRODUCTS OR SERVICES OR ANY SHAWN NOWOTNIK ACCOUNT REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED (INCLUDING NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, PRODUCT DEFECT OR MISREPRESENTATION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE ABOVE EXCLUSIONS OF LIABILITY ARE NOT APPLICABLE TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, SHAWN NOWOTNIK SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OF SHAWNNOWOTNIK.COM OR THE MATERIALS ON SHAWNNOWOTNIK.COM UNLESS SUCH DAMAGES ARE THE RESULT OF OUR NEGLIGENT OR RECKLESS ACTS OR OMISSIONS.
(b) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR AGGREGATE LIABILITY RELATED TO SHAWNNOWOTNIK.COM OR YOUR SHAWNNOWOTNIK.COM ACCOUNT EXCEED US$100 IN TOTAL (OR THE EQUIVALENT IN LOCAL CURRENCY, TO THE EXTENT THAT LOCAL CURRENCY NEEDS TO APPLY).
11. DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND SHAWN NOWOTNIK TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
WAIVER OF CLASS ACTIONS. We each agree that any Claim will be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise. WE EACH AGREE THAT WE ARE KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVING ANY RIGHT WE MAY HAVE TO A JURY TRIAL WITH RESPECT TO ANY LITIGATION ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THESE DIGITAL CONTENT TERMS OF SALE.
OPTION TO OPT-OUT. To opt out of the arbitration and class-action waiver terms in this section, you must notify us in writing within 30 days of the date that you first accept these Terms and Conditions of Use (unless a longer period is required by applicable law). You must email your written notification to Shawn Nowotnik at info@ShawnNowotnik.com and your written notification must include your name, address and an unequivocal statement that you want to opt-out of this arbitration agreement.
You acknowledge and agree that, regardless of any statute or law to the contrary, any Claim or cause of action you may have must be filed within one (1) calendar year after such Claim or cause of action arises, or forever be barred.
Last update: May 1, 2022