What Are Your Terms of Service? ShoME Designs™ LLC owner and operator of "Skullet Mount" Brand Terms & Conditions Introduction Welcome to our website (“Website”). This Website is owned and operated by ShoME Designs LLC (“ShoME Designs ™”). This is a binding contractual agreement between you and ShoME Designs ™. The Terms & Conditions, Refund Policy (as defined below), and all rules for all sweepstakes, tournaments, games, and other contests are incorporated into one another by reference and are referred to individually and collectively as the “Agreement.” Your visitation, registration for an account, access, and/or use of this Website constitutes your acceptance of this Agreement (as defined below). ShoME Designs ™ may modify the Agreement at any time without prior notice to you. Such modification shall be effective immediately upon the first of the following events to occur: (1) posting of the modified Agreement to the website, or (2) upon otherwise notifying you of the modified Agreement. You agree to periodically review the terms and conditions set forth in this Agreement to ensure that you are aware of any modifications. You agree to do business with ShoME Designs ™ electronically. By agreeing to do business electronically, you (i) consent to the electronic communication and delivery of all documents related to the Website and all other goods and services provided via the Website; and (ii) agree that your act of clicking your consent to this Agreement is a binding form of your electronic signature, which you agree binds you to this Agreement and the Privacy Policy. NOTIFICATION OF ARBITRATION CLAUSE AND CLASS ACTION/JURY TRIAL WAIVER PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL BINDING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION, AS SET FORTH BELOW. Definitions: “Agreement” means these Terms & Conditions and the Refund Policy. "Personally Identifiable Information" means any information that identifies a natural person, such as name, Social Security Number or other government-issued number, date of birth, address, telephone number, biometric data, and the like. “Person” means a natural person, or entity organized under the laws of a governmental authority or unincorporated association or organization, unless otherwise specified. “Website” means any and all pages of the website (individually and collectively) you are viewing at the moment, and also includes any and all websites on which the Agreement is posted. “User” or “you” or "your" refers to any and all natural persons who visit, create an account with, access or use this Website in any way imaginable, whether through existing technology or through technology not heretofore manufactured, devised or discovered, or who request, purchase, subscribe to, access, or otherwise use the goods and services offered on this Website. Purchases & Recurring Billing When you elect to submit payment for a t-shirt subscription on an automatic, recurring payment basis, you hereby authorize ShoME Designs the brand owner of “Skullet Mount” to collect and reverse fixed and/or variable payment amounts until such time as you cancel the recurring payment as set forth in ShoME Designs’ Recurring Payment Cancellation Policy below. Charges will appear on your bill as “ShoME Designs” even if you are on the Skullet Mount website. If you wish to cancel your membership you must do so on or before the 20th day of the month prior to which you wish to cancel your subscription. For example, if you have an existing subscription that will cover January through June, and you wish to cancel the subscription for April, you must submit your cancellation request on or before March 20. RECURRING CHARGES ARE NONREFUNDABLE FOR ORDERS THAT HAVE BEEN PROCESSED. If a payment is declined, the order will not be processed and your account will be terminated. Recurring Payment Cancellation Policy To cancel a recurring payment, follow these steps: • Sign into My Account. • On the My Account tab, go to Billing. • Click Cancel next to Payment Frequency: Recurring. Select Yes to confirm your request to cancel. We will send you an email to confirm that your request has been processed. Security You agree to keep your password confidential and not to distribute it or otherwise allow anyone other than you to access your account. Your password is the key to all the information in your account. Any communication you make on this Website or over the Internet, whether sent via e-mail, via a form on the Website, or a message board, etc., should be regarded as insecure communication, unless we explicitly state on a particular web page that you can expect the communication to be secure or encrypted. Refusal & Termination of Service ShoME Designs ™ reserves the right to terminate or refuse service to anyone, at any time, for any reason or no reason at all, without prior notice, including, without limitation, for violating any provision of this Agreement. Export Control You may not use or otherwise export or re-export the Website and/or its content, except as authorized by United States law. The Website and its content may not be exported or re-exported (i) into (or to a national or resident of) any U.S.-embargoed country, (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, or (iii) to anyone on the U.S. Department of Commerce's Table of Denial Orders. You represent and warrant that you are not a resident or national of any such country on any such list, and are not located in, under the control of, acting on behalf of, or in concert with, a resident or national of any such country or on any such list. License to Use the Website ShoME Designs ™ grants, subject to the terms of this Agreement, a limited, non-transferable, non-sublicensable, non-exclusive license to use the software, content, and documentation which it owns, or of which it is a licensee, for the limited purposes of accessing, exploring, and using the Website in real-time in a manner consistent with the terms of the Agreement. Intellectual Property Rights on the Website Unauthorized duplication of this Website, in whole or in part, or of any plans, designs, specifications, data, or content made available from the Website (except as expressly authorized herein) is a violation of the Copyright Act of 1976. Copyrights Unless otherwise stated, ShoME Designs ™ owns the copyright in this Website and is the owner or a licensee of the content hereon, including, without limitation, all “works” as defined in the Copyright Act of 1976, text, graphics, images, video material, audio material, audiovisual material, and other content, regardless of media format, whether now existing or hereafter arising (“Copyright Material”). The Copyright Material is protected by United States and international copyright laws. You may display and download portions of the Website solely for your own personal, non-commercial use. You agree not to change or delete any proprietary notices from materials downloaded from the Website. All other uses, including, without limitation, the reproduction, copying, modification, distribution, sale, lease, transmission, republication, performance, display, or any commercial use of the content on this site are strictly prohibited by law. Trademarks ShoME Designs ™ is a trademark owned by ShoME Designs ™ (individually and collectively the “Trademarks”). The Trademarks may not be used in any manner by any person or in connection with any product or service, without the express written authorization of an officer or director of ShoME Designs ™. All other trademarks, service marks, and trade names are the property of their respective owners and are used on this site by virtue of a right or license from their respective owners. Submissions ShoME Designs ™ values and encourages feedback. Pursuant to ShoME Designs’™ policy, however, we do not accept or consider creative ideas, suggestions, or materials other than those specifically requested from you by ShoME Designs ™. If you choose to send any creative submissions to us, whether at ShoME Designs’™ request, or despite our request that you do not send submissions to us, then you hereby irrevocably assign and transfer to ShoME Designs ™ any and all rights, throughout the universe, in and to each submission (including the individual elements of each submission), without any compensation therefore, including, without limitation, all domestic and foreign copyrights, trademark rights (and goodwill appurtenant thereto), patent rights, trade secret rights, know-how, and all other intellectual property rights and other rights, whether now existing or hereafter arising. To the extent moral rights may not be assigned or transferred, you hereby irrevocably waive enforcement of any and all moral rights. ShoME Designs ™ shall be entitled to complete unrestricted use of the submissions and all content, data, and information contained therein for any purpose, whether commercial or otherwise, without compensation to, or recognition or acknowledgment of, the author(s) or provider(s) of the submissions. User Representations & Warranties You represent and warrant that you are at least 18 years of age and have reached the age of majority in the location where you reside. If you desire to participate in one or more sweepstakes, contests, or promotions that may be offered by ShoME Designs ™, you further represent that you are a lawful resident of one of the states for which registration for sweepstakes, contests, or promotions is permitted. You further represent and warrant that you possess the legal right and ability to enter into this Agreement and to use the Website in accordance with this Agreement. You agree to be financially responsible and otherwise responsible for your use of the Website, and to comply with your responsibilities and obligations as stated in this Agreement. You further agree to (i) provide true, accurate, current, and complete information about you as requested by the forms available on this Website; and (ii) maintain and update your information to keep it secure, true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, ShoME Designs ™ has the right to terminate your account and refuse any and all current or future use of the Website. You further represent and warrant that you will not provide us with the name, address, email address, phone number, or other personal identifying information of any person under the age of 13. Violation of this provision is grounds for immediate cancellation of any orders, goods, and services offered hereunder. Governing Law, Jurisdiction, & Venue; Arbitration All uses of the Website, and all content contained herein, including, without limitation, any disputes arising under or related to this Agreement, shall be governed by and interpreted pursuant to the laws of the State of Idaho and the United States of America without regard for conflicts of laws principles. All disputes arising under or relating to the Agreement and/or your visitation, access, or use of the Website, shall be submitted to and resolved by binding arbitration in Canyon County, Idaho, and any award shall be confirmed exclusively in the courts situated in Canyon County, Idaho. You further irrevocably agree and consent to the exclusive jurisdiction and venue of the courts situated in Canyon County, Idaho for the purpose of reviewing, confirming, or otherwise relating to any arbitration award, and you hereby expressly waive jurisdiction and venue in any other forum for such purposes. Any arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all findings of fact and conclusions of law, and shall be kept confidential and not disclosed for any purpose except as required by law, e.g., disclosure to tax advisors for the purpose of filing a tax return. Any such arbitration shall include a written record of the arbitration hearing. WAIVER OF CLASS ACTION/JURY TRIAL ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. YOU MAY NOT JOIN OR CONSOLIDATE CLAIMS OR PARTIES IN ARBITRATION, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, AND YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO FILE ANY SUCH CLAIM OR PARTICIPATE IN ANY PROCEEDING IN ANY SUCH CAPACITY. YOU FURTHER HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL. INDEMNIFICATION YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS ShoME Designs ™ AND ITS PARENT (IF ANY), SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THE FOREGOING’S PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, PARTNERS, SHAREHOLDERS, OWNERS, ASSOCIATES, JOINT VENTURERS, CONTRACTORS, ATTORNEYS, INSURERS, AGENTS AND REPRESENTATIVES (INDIVIDUALLY AND COLLECTIVELY, THE “INDEMNIFIED PARTIES”), FROM AND AGAINST ALL LIABILITIES, DAMAGES, CLAIMS, CAUSES OF ACTION, COSTS, ATTORNEY’S FEES, AND ALL OTHER COSTS AND EXPENSES, IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO (I) YOUR ACTUAL OR ALLEGED BREACH OF THIS AGREEMENT (II) YOUR ACTUAL OR ALLEGED NEGLIGENT, WILFUL OR INTENTIONAL ACTIONS OR OMISSIONS ARISING OUT OF OR RELATING TO YOUR REGISTRATION, VISITATION OR USE OF THIS SITE; PURCHASE, POSSESSION, USE OR NONUSE OF ANY MERCHANDISE OR SWEEPSTAKES ENTRY AND/OR PURCHASE, POSSESSION, USE OR NONUSE OF SWEEPSTAKES WINNINGS; AS WELL AS YOUR PARTICIPATION IN ANY SWEEPSTAKES, CONTEST OR OTHER PROMOTION. THE INDEMNIFIED PARTIES MAY, AT THEIR SOLE DISCRETION, CHOOSE TO PARTICIPATE IN THE DEFENSE OR ANY MATTER, CLAIM, OR NEGOTIATED SETTLEMENT. NO SETTLEMENT THAT MAY HAVE THE POTENTIAL TO AFFECT AN INDEMNIFIED PARTY’S RIGHTS IN ANY WAY SHALL BE ENTERED INTO WITHOUT SUCH INDEMNIFIED PARTY’S PRIOR WRITTEN APPROVAL. LIMITATION OF LIABILITY ACCESS TO AND USE OF THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS. YOU AGREE THAT ShoME Designs ™ AND ITS PARENT (IF ANY), SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THE FOREGOING’S PAST, PRESENT, AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, PARTNERS, SHAREHOLDERS, OWNERS, ASSOCIATES, JOINT VENTURERS, CONTRACTORS, ATTORNEYS, INSURERS, AGENTS AND REPRESENTATIVES (INDIVIDUALLY AND COLLECTIVELY, THE “LIMITED PARTIES”), SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, OR FOR ANY INDEMNITY, REGARDLESS OF THE NATURE OR CAUSE OF THE DAMAGES OR INDEMNITY, THAT ARISE OUT OF OR RELATE TO YOUR VISITATION OR USE OF THIS SITE; PURCHASE, POSSESSION, USE OR NONUSE OF MERCHANDISE OR A SWEEPSTAKES ENTRY, OR THE OFFERING OF CONTENT, INFORMATION, GOODS, SERVICES, OR OTHER MATERIAL ON, OR ACCESSIBLE THROUGH, THIS WEBSITE AND/OR IN ANY EMAILS, NEWSLETTERS, OR IN ANY EXTERNALLY-LINKED THIRD PARTY SITE. WITHOUT LIMITING THE FOREGOING, THE LIMITED PARTIES SHALL NOT BE LIABLE FOR ACTUAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, AND/OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER CAUSE, LOSS, ACTION, CLAIM, OR DAMAGE, INCLUDING LOSS OF TIME, LOSS OF OPPORTUNITY, LOSS OF BUSINESS, LOSS OF EARNINGS, OR INJURY TO PERSON (INCLUDING DEATH) OR PROPERTY. DISCLAIMER OF ALL OTHER WARRANTIES ALL PRODUCTS, SERVICES, MATERIALS, INFORMATION, AND OTHER CONTENT ON THIS SITE ARE PROVIDED ON AN “AS IS” BASIS. ShoME Designs ™ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY TYPE, NEITHER EXPRESS NOR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, MATERIALS, CONTENT, PRODUCTS, OR SERVICES CONTAINED HEREIN. ShoME Designs ™ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ALL TYPES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SITE USAGE POLICY The Website may be used only for lawful purposes. The transmission, storage, routing, or presentation of any information, data, or material in violation of any applicable local, state, or federal law or regulation, or in violation of this Site Usage Policy is strictly prohibited. Examples of such information, data, or material include unauthorized reproduction, publication, distribution, or other use of copyrighted works, patents, inventions, trademarks, trade secrets; research, development, plans, materials, or other data that are prohibited by the United States Export Control Regulations; or the dissemination of harmful, harassing, or fraudulent content. Any conduct by any user that constitutes harassment, fraud, stalking, abuse, or a violation of applicable law is strictly prohibited. Using the Website to perform, or solicit the performance of, any illegal activity is also strictly prohibited. In addition to the foregoing, the following uses are strictly prohibited and all users agree not to engage in such conduct, directly or indirectly: a. Posting or transmitting any unsolicited advertising, promotional materials, junk mail, "spam," chain letters/emails, telephone calls, or any other form of solicitation to anyone. b. Spamming any email address that appears on the Website. c. Posting any multi-level marketing, pyramid scheme, "club membership," distributorship or sales representative agency arrangement, or other business or commercial opportunity. d. Including any hidden text in your postings, including words in white or otherwise invisible font. e. Deleting or revising any material posted by any other person or entity. f. If you have a password allowing access to a non-public area of the Website, you are prohibited from sharing or disclosing it to any third party, and from allowing any third party to access the Website under your account. g. Using, or attempting to use, any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, bots, avatars, or intelligent agents) to navigate or search the Website, other than (i) the search engine and search agents available on the Website, and (ii) generally available third-party web browsers. h. Accessing the Website by any means other than through the interface that is provided for use in accessing the Website. i. Attempting to decipher, decompile, disassemble, or reverse engineer any of the software comprising a part of the Website. j. Aggregating, copying, or duplicating in any manner any of the materials or information available from the Website. k. Framing of or linking to any of the materials or information available from the Website.