Terms of Use

Last Updated October 2013

Welcome to the Terms of Use (“Terms of Use”) for this web site powered by Space Shifter, LLC (“Space Shifter”). These Terms of Use describe the terms and conditions governing all individuals or entities using, accessing, or communicating through this web site (“you” or “your”).


Please read these Terms of Use carefully because they contain important restrictions and limitations on Space Shifter’s liability and your rights. These Terms of Use constitute a legally binding agreement between Space Shifter and you, as the user of the Space Shifter website.  By accessing this web site, you acknowledge that you have read and agree to these Terms of Use. These Terms of Use govern your use of this web site. If you do not agree with any of the terms and conditions contained herein, do not use this web site.

Space Shifter may revise these Terms of Use at any time by posting the amended terms and/or conditions on the Space Shifter web site and changes shall be effective immediately upon posting.  We recommend that you regularly review these Terms of Use because they are binding on you when you are accessing or using this web site.  Your continued use of this web site after any amendments to these Terms of Use constitutes your acceptance of the new terms and policies.

Use of the Web Site

This web site may be used only for lawful purposes by persons seeking (or using) Space Shifter’s services in a lawful manner. Research companies, data mining companies, analytical companies or other information data exchanges and any direct or indirect competitors to Space Shifter (collectively, “Unauthorized Users”), including the Unauthorized Users’ vendors, representatives, agents and subcontractors, are prohibited from accessing or using the web site without prior written consent of Space Shifter.  You, by using or accessing this web site, represent, warrant and agree that you are not an Unauthorized User and that you will not use (or plan, encourage or help others to use) the web site for any purpose or in any manner that is not authorized by these Terms of Use.   Without limiting the foregoing, as a condition of your right to access the web site under these Terms of Use, you acknowledge and agree that you shall not directly or indirectly:

  1. use the web site for any unauthorized commercial purpose;
  2. frame or hyperlink the web site or any portion thereof without prior written consent of Space Shifter;
  3. remove any proprietary notices from the web site or any copy thereof;
  4. copy, sell, modify, transfer, reverse compile or decompile, reverse engineer or assemble, hack or create any derivative works from(or any attempts) the web site, including but not limited to the software accessible through the web site, or to defeat or overcome any security measures, encryption and/or digital rights management technology implemented on the web site; or
  5. use the web site for any illegal or fraudulent purpose.

Information Purposes Only

This site is intended solely to provide general information regarding Space Shifter and property for sale or lease. Space Shifter allows subscribers to upload information on the web site using the software licensed to the subscriber.  Space Shifter does not ensure the accuracy of, endorse or recommend any information on the web site and you use this web site at your own risk.  You should access this web site solely to obtain initial information so that you may further evaluate and investigate. Nothing on the web site is intended to be, and you should not consider anything on the web site to be investment, accounting, tax, legal or other professional advice. If you decide to purchase a subscription to Space Shifter’s services, use of such services shall be governed by these Terms of Use, the subscription agreement (accessible to you upon signing up for such service) and the Privacy Policy. Although the web site may include information related to the sale of property, nothing on the web site is a recommendation that you purchase or sell any property, and no information or content on the web site is to be relied upon for the purpose of making or communicating purchasing or selling decisions.

Risks You Assume

While we make reasonable efforts to provide accurate information, we may not update or correct the web site even if we are aware of any inaccuracy. You understand and agree that we are not responsible for any action that you take or decision you make in reliance on any information contained in the web site.

Links to Other Web Sites

This Agreement applies only to the web site and not to other web sites that may be accessible from the web site, and Space Shifter shall not be responsible for the content of any third-party website accessible from the web site. Hyperlinks to or from the web site do not constitute third party endorsement of, sponsorship by or affiliation with Space Shifter. If you access any third-party web site through the web site or otherwise, you do so at your own risk and we encourage you to review the privacy policies and user agreements of all other web sites that you visit because such policies and agreements will govern your use of those web sites.

Ownership

The trade names, trademarks, copyrights, service marks, trade dress, logos and other indicia of source (collectively, “Marks”) found on the web site and any and all information and content available through the web site, such as for example graphics, logos, articles and other materials (collectively, “Content”) are proprietary to Space Shifter or its licensors and are protected by intellectual property rights and unfair competition and other laws. The Marks may be registered or unregistered trademarks or copyrights of Space Shifter or others. You may not use any Mark or Content without the express prior written permission of the owner (whether Space Shifter or otherwise), and nothing contained in these Terms of Use or anywhere on the web site shall be construed as granting any license, permission or right to use any Mark or Content. Any unauthorized or prohibited use of the Marks or Content may subject the offender to civil and criminal liability under applicable law.

Disclaimer of Warranties

THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND, TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, PROVIDED WITHOUT WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY SPACE SHIFTER, EITHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SITE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. SPACE SHIFTER FURTHER DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE WEB SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED UNDER LAW.

Limitation of Liability

SPACE SHIFTER DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE WEB SITE OR THE WEB SITE’S CONTENT. SPACE SHIFTER IS NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON (1) THE WEB SITE OR THE WEB SITE’S CONTENT, INCLUDING ANY DECISION MADE OR ACTION TAKEN BASED ON THE CONTENT OR ANY FEATURE OF THE WEB SITE OR (2) YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE.

UNDER NO CIRCUMSTANCES WILL SPACE SHIFTER BE LIABLE FOR ANY DAMAGES OR LOSSES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR ANY OTHER DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF THE WEB SITE OR CONTENT, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE OF ANY KIND), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF THE DAMAGES OR IF THE DAMAGES COULD HAVE BEEN FORESEEN.

Privacy

Your privacy is very important to us at Space Shifter. To better protect your rights, we have provided the Space Shifter Privacy Statement to explain our privacy practices in detail.

Miscellaneous

Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of these Terms of Use shall nonetheless remain in full force and effect. The failure of Space Shifter at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida without regard to its conflict of law rules. Any legal proceeding arising out or relating to these Terms of Use against or relating to Space Shifter under these Terms of Use will be subject to the exclusive jurisdiction of any state or federal court sitting in Tampa, Florida, and you irrevocably consent to the jurisdiction of such courts. The terms and conditions set forth in these Terms of Use and any agreements included or referred to in these Terms of Use constitute the final, complete and exclusive agreement with respect to the web site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. Headings and captions throughout these Terms of Use are for convenience only and should not be considered part of these Terms of Use.

If you have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on this web site, please contact info@space-shifter.com.

© 2013 Space Shifter, LLC. All Rights Reserved.