Version: April 2014
Welcome to the Shake-Away website (the "Site"). Use of this Site is conditioned on the acceptance
and any content of the Site, you represent that you have read and understand these Terms of
Use and agree to be bound by them. If you are using the Site on behalf of any entity, you further
this Site. Shake-Away reserves the right, at its sole and absolute discretion, to modify these Terms
of Use at any time, such modifications effective immediately upon posting to the Site.
Ownership of the Site and its Contents
The Site is owned and operated by Shake-Away and/or its affiliates ("Shake-Away"). Unless
otherwise indicated, all of the content featured or displayed on the Site, including, but not limited
to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the
selection and arrangement thereof ("Shake-Away Content"), is owned by Shake-Away, its licensors,
or its third-party image partners. All elements of the Site, including the Shake-Away Content, are
protected by national and international laws, including copyright, trademark and other intellectual
property laws. Any Shake-Away Content downloaded by you (whether or not such download was
authorized) transfers no right, title or interest in or to the Shake-Away Content or any intellectual
property rights therein. All right, title and interest in and to the Shake-Away Content shall remain
the exclusive property of Shake-Away and/or its licensors.
Use of the Site
The Site and the Shake-Away Content are intended for customers and business associates of Shake-
Away. You may not (i) use the Site or the Shake-Away Content for any purpose not related to
your business with Shake-Away, or (ii) use the Site or the Shake-Away Content other than for its
intended purpose. Any unauthorized use may violate applicable laws including without limitation
copyright and trademark laws, the laws of privacy and publicity, and applicable communications
regulations and statutes.
Shake-Away trademarks, the Shake-Away logo, and any other product or service name or slogan
contained in the Site are trademarks of Shake-Away and its suppliers or licensors, and may not be
copied, imitated or used, in whole or in part, without the prior written permission of Shake-Away
or the applicable trademark holder. In addition, the look and feel of the Site s the service mark,
trademark and/or trade dress of Shake-Away and may not be copied, imitated or used, in whole or
in part, without our prior written permission. All other trademarks, registered trademarks, product
names and company names or logos mentioned in the Site are the property of their respective
You may not use a Shake-Away logo or other proprietary graphic of Shake-Away to link to the Site
without the express written permission of Shake-Away. Further, you may not frame any Shake-
Away trademark, logo or other proprietary information, including the Shake-Away Content, without
Shake-Away' express written consent.
You agree to defend, indemnify and hold harmless Shake-Away, its subsidiaries, affiliates, licensors,
employees, agents, third party information providers and independent contractors against any
claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys'
fees) arising out of or related to your conduct, your use of the Site, your breach or alleged breach of
Disclaimer; Limitation of Liability
THE SITE, INCLUDING WITHOUT LIMITATION THE SHAKE-AWAY CONTENT, ARE PROVIDED "AS
IS" AND SHAKE-AWAY AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND
AFFILIATES (THE "SHAKE-AWAY PARTIES") EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
SHAKE-AWAY PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM
THE USE OF THE SITE OR THE SHAKE-AWAY CONTENT, OR THE UNAVAILABILITY OF THE
SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE AND CONSEQUENTIAL DAMAGES, AND DAMAGES CAUSED BY OR RESULTING FROM
RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM SHAKE-AWAY, WHETHER IN AN
ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SHAKE-AWAY
CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE. WE MAKE
NO WARRANTY THAT THE SITE OR THE SHAKE-AWAY CONTENT IS FREE FROM INFECTION BY
VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. Shake-
Away uses reasonable efforts to ensure the accuracy, correctness and reliability of the Shake-Away
Content, but we make no representations or warranties as to the Shake-Away Content's accuracy,
correctness or reliability.
Governing Law, Venue.
Connecticut without regard to its conflicts of law provisions. You agree to submit to the jurisdiction
of the state and federal courts located in New Haven County in the State of Connecticut. You agree
not to bring any action relating to the use of this Site, the Site Content or the interpretation of
in New Haven County, State of Connecticut. Shake-Away shall have the right to commence and
prosecute any legal or equitable action or proceeding before any US or non-US court of competent
Shake-Away prevails, Shake-Away shall be entitled to recover its reasonable attorney fees, court
costs, disbursements, and other legal expenses.
this will not affect any other clause and each will remain in full force and effect.
encouraged to contact Shake-Away at email@example.com or by calling (800) 507-