Welcome to ShapeTest.com. SHAPETEST.COM PROVIDES ITS SERVICES AND PERMITS ACCESS TO THIS WEB SITE SUBJECT TO THE TERMS AND CONDITIONS SET FORTH BELOW; YOUR USE OF THIS WEB SITE INDICATES YOUR COMPLETE AND UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS. If you do not agree to these terms and conditions, immediately discontinue using this web site. Privacy: Please review our Privacy Policy posted on this site, which also governs your use of this site. License and Site Access: ShapeTest.com grants you a limited, revocable, and nonexclusive license to access and make use of this site. This license does not include the right to:
No portion of this site or its contents may be used, reproduced, duplicated, copied, sold, visited, or otherwise exploited for any intention or purpose other than by individuals for their personal use. You may not frame or utilize framing techniques to enclose any portion of this site or its contents without express written consent. Any unauthorized use terminates the permission or license granted by ShapeTest.com. ShapeTest.com grants you a limited, revocable, and nonexclusive license to create hyperlinks to pages on the ShapeTest.com site, provided the link does not portray ShapeTest.com or its products or services in a false, misleading, derogatory, or otherwise offensive matter. Specifically Prohibited Uses: Spoofing, eavesdropping, sniffing, spamming, breaking passwords, harassment, fraud, forgery, "imposturing", electronic trespassing, tampering, hacking, transfer or use of viruses, worms or Trojan horses that cause or attempt to cause unauthorized, damaging or harmful access and/or retrieval of information and data, as well as other forms of activity that may be considered unlawful, harrassing, or that may interfere with the operation of ShapeTest.com. Trademarks and Copyrights: ShapeTest.com's graphics, logos, icons, images, page headers, and service names appearing on this site are trademarks or trade dress of ShapeTest.com. Links to Third Party Sites: This site may contain links to third-party sites. The linked sites are not under ShapeTest.com's control and ShapeTest.com is not responsible for the contents of any linked site. If you decide to visit a linked site, you do so at your own risk and it is your responsibility to take all protective measures against viruses and other destructive elements. Disclaimer of Warranties: THIS SITE AND THE CONTENT AND INFORMATION ON THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." SHAPETEST.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT, MATERIAL, INFORMATION, OR ADVICE INCLUDED ON THIS SITE. SHAPETEST.COM DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SHAPETEST.COM DOES NOT WARRANT THE OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. Limitation of Damages: IN NO EVENT SHALL SHAPETEST.COM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS/SAVINGS, BUSINESS INTERRUPTION, LEGAL OUTCOMES, RULINGS OR JUDGEMENTS, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF SHAPETEST.COM HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Indemnity: You agree to indemnify, defend and hold harmless ShapeTest.com and its officers, directors, employees and agents, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees and expenses, alleging or resulting from your use or access of this site or the content or materials on this site or your breach of this agreement. ShapeTest.com agrees to provide prompt notice to you of any such claim, suit, proceeding, or demand and reasonable assist you, at your expense, in defending any such claim, suit, proceeding, or demand. Service Outages: Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury. Applicable Law: Any controversy or claim arising out of or relating to this site or the content or materials on this site is governed by the laws of the State of Washington, United States, without regard to conflicts of law principles. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Seattle, WA, United States, with respect to such matters. ShapeTest.com makes no claims that the content or materials on this site may be lawfully viewed or downloaded outside of the United States. If you access or use this site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Disputes: Any controversy or claim arising out of or relating to this site or the content or materials on this site shall be settled by confidential arbitration administered by and conducted a mediation authority selected by ShapeTest.com. The arbitrator's decision shall be final and legally binding and judgment may be entered in any court having jurisdiction. Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including reasonable attorneys' fees for having to compel arbitration or defend or enforce the award. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise. In the event you violate or threaten to violate any intellectual property right of ShapeTest.com or cause or threaten to cause any other significant and irreparable harm, you hereby consent to ShapeTest.com's application to a court of competent jurisdiction for injunctive or other equitable relief to restrain such act or threat of action, without prejudice to any other relief in law or equity otherwise available to ShapeTest.com. Changes: ShapeTest.com reserves the right to make changes to this agreement and any other policies posted on this site at any time without notice. Such changes shall be effective when posted. Your continued use of this site after any such changes have been posted will be deemed complete and unconditional acceptance of those changes. ShapeTest.com reserves the right to terminate or change any aspect of this site, including the availability of any features on this site, at any time without notice. Users are advised to periodically review these terms of use for any changes or amendments. Entire Agreement, Severability, and Waiver: This agreement contains the entire understanding between the parties relating to its subject matter. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid, unenforceable or illegal, such provision shall be severed from this agreement and the remaining provisions will remain in full force and effect. Waiver of terms or excuse of breach must be in writing and shall not constitute subsequent consent, waiver or excuse.
