Terms and Conditions

These Terms and Conditions apply to the use of The Shepherd Network LLC website (shepnetwork.com)
and any other websites or services owned or operated by TSN.
We reserve the right to update, change, modify, add or remove any and all aspects of this agreement at any time.

Definitions

The Shepherd Network LLC and its website - TSN

Terms and Conditions - Terms or Agreement

Website Visitor - You or User or Users, representing a business, organization, or one’s self

Headings

The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.

Privacy Policy

Your use of the TSN website is governed by TSN Privacy Policy available at shepnetwork.com/privacy which is hereby incorporated via reference into these Terms, therefore you inherently agree to the Privacy Policy.

Entire Agreement

This Agreement is the entire agreement between you and TSN relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by TSN as set forth by a separate contract between TSN and our clients.

Authorized Users

TSN will not enter an agreement with persons under the age of 18. That includes the usage of our website. If you are under 18 years of age, then please do not use the TSN website or contact us for service.

User Agreement

By accessing our website, you agree to these Terms. This Agreement is a legal contract between you, a User of at least 18 years of age or a business, organization, or other entity, and TSN regarding your use of this website and the services it provides.

By accessing, browsing, using, subscribing to, or registering for a TSN service, you acknowledge that you have read, understood, and agree to be bound by the following terms, including any additional guidelines outlined in a work contract, as well as any future modifications to these terms. If at any time you do not agree to these Terms, please terminate your use of the TSN website and other services.

When entering a contractual agreement with TSN, you may be bound to additional posted or unposted guidelines or terms and conditions applicable to specific services and features which may be posted from time to time. All such guidelines or terms are hereby incorporated by reference into these Terms.

Communications Notice

Under these Terms, you consent to receive communications from TSN electronically. We will communicate with you by email or by posting notices on TSN. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Except as explicitly stated otherwise, legal notices shall be served to the email address you provide to TSN during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Ownership and Proprietary Rights

TSN is owned and operated by The Shepherd Network LLC. The content, graphics, design, products, services, and all other elements of TSN that are provided by TSN are protected by United States copyright, trade dress, trademark laws, and all other relevant intellectual property and proprietary rights, and applicable laws. For clarity, TSN materials do not include any content from third party sites, whether TSN provides a link to them or not. All TSN materials contained on the TSN website are the copyrighted property of TSN or affiliated companies and/or third party licensors. All trademarks, service marks, and trade names are proprietary to TSN or its affiliates and/or third party licensors. Except as expressly authorized by TSN, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of TSN materials.

Restrictions

As a condition of your use of the TSN website, you will not use TSN for any purpose that is unlawful or prohibited by these Terms, including but not limited to the details outlined below.

Access to TSN materials and the TSN website from geographic locations where their contents are illegal is strictly prohibited. TSN Users are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the Internet, technology, data, email, or privacy.

You will not use the TSN website in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party's use of TSN. You will not take any action that imposes an unreasonable or disproportionately large load on TSN's infrastructure. You will not intentionally interfere with or damage the operation of TSN or any User's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You will not remove, circumvent, disable, damage or otherwise interfere with any security-related features of TSN, features that prevent or restrict the use or copying of any content accessible through TSN, or features that enforce limitations on the use of TSN. You will not attempt to gain unauthorized access to TSN, or any part of it, other accounts, computer systems or networks connected to TSN, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of TSN or any activities conducted on TSN. You will not obtain or attempt to obtain any materials or information through any means not intentionally made available through TSN. You agree neither to modify TSN in any manner or form, nor to use modified versions of TSN, including (without limitation) for the purpose of obtaining unauthorized access to any TSN infrastructure.

Any usage by a User of any of TSN materials other than for private, non-commercial use or, in the case of paying users, their internal business purposes is strictly prohibited. You will not use any TSN logos, graphics, or trademarks as part of the link without our express written consent. You will not utilize framing techniques to enclose any trademark, logo, or other TSN materials without our express written consent. You will not use any meta tags or any other "hidden text" utilizing TSN's name or trademarks without our express written consent. You will not deep-link to TSN and will promptly remove any links that TSN finds objectionable in its sole discretion.

You will not contact our clients for any reason unless explicitly agreed by the client and TSN in written form. This includes, but not limited to unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.

Linked Sites and Materials

TSN may include links to other web sites or services solely as a convenience to its Users. TSN does not necessarily endorse any linked sites or the information, material, products or services contained on linked sites or accessible through these linked sites. Furthermore, TSN makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites, is solely at your own risk.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through TSN are solely between you and such advertiser. You agree that TSN will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on TSN.

TSN may make changes to or discontinue any of the content or services available on TSN at any time, and without notice. The content or services on TSN may be out of date, and TSN makes no commitment to update these materials.

Termination

You agree that TSN, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with the TSN website. In addition, the TSN website reserves the right to discontinue any aspect of the TSN website or service catalog at any time. You agree that any termination of your access to the TSN website or any account you may have or portion thereof may be affected without prior notice, and you agree that the TSN website will not be liable to you or any third party for such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the TSN website may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies the TSN website may have at law or in equity.

General Disclaimers and Lack of Warranties

Without limiting any other provision of this section and in addition to all other provisions of this section, to the fullest extent permitted by applicable law, the TSN website expressly disclaims all warranties and conditions of any kind, either express or implied, including without limitation any implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of third party rights, and those arising from a course of dealing or usage of trade, with respect to the TSN website. TSN makes no warranty that the TSN website will meet your requirements, or that the TSN website will be uninterrupted, timely, secure, or error free. TSN does not make any warranty or representation as to the use or the results that may be obtained from the use of the TSN website. You acknowledge that the TSN website may be subject to operating errors or defects including, but not limited to loss of data, delays, non-deliveries, errors, system down time, misdeliveries, network or system outages, file corruption, or service interruptions. No such event shall constitute a breach of this or any other contract on the part of the TSN website, even if caused by the negligence or gross negligence of the TSN website or any of its affiliates, employees, agents, licensors or subcontractors.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. Any additional rights that may be afforded to you are null and void if TSN does not currently have an active business relationship in your state or country.

Indemnification

You agree to indemnify and hold the TSN website, and its affiliated companies, and its suppliers and partners, harmless from any claims, losses, damages, liabilities, including attorney's fees, arising out of your use or misuse of the TSN website, violation of these terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. TSN reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall the TSN website or its affiliates, contractors, employees, agents, or third party partners or suppliers, be liable to you for any special, indirect, incidental, consequential, or exemplary damages that result from your use or the inability to use the TSN website materials on the TSN website, the TSN website itself, or any other interactions with the TSN website, even if the TSN website or a TSN authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, the TSN website's liability will be limited to the extent permitted by law.

In no event shall TSN or its affiliates, contractors, employees, agents, or third party partners or suppliers' total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of the TSN website (whether in contract, tort, warranty, or otherwise) exceed one hundred US dollars ($100 or 100USD). These limitations shall also apply with respect to damages incurred by reason of any products or services sold or provided to you by third parties other than the TSN website and received by you through or advertised on the TSN website or received by you through any links provided on the TSN website.

Claims and Arbitration

You and TSN agree that any cause of action arising out of or related to the TSN website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Any dispute or claim arising out of or in connection with these Terms shall be finally settled by binding arbitration in St. Louis County, Missouri under the Rules of the American Arbitration Association by one (1) arbitrator appointed in accordance with said rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

California Law

TSN does not have any active business or legal relationship in the state of California, therefore cannot guarantee adherence of these terms to any California Law, current or future.

Waiver

A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.

Severability and Assignment

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TSN without restriction.

Contact Information

If you have questions about this policy, or would like your information removed from our database, please email hello@shepnetwork.com with the subject “Terms and Conditions”.

For contract and Statement of Work agreements, please refer to this page.