Terms of Use
TERMS OF USE
These Terms of Use were last revised on January 2nd, 2024.
Schaefer Digital LLC, a Nevada limited liability company (“Schaefer”) provides the Schaefe.co site and related services subject to your compliance with the terms and conditions set forth below. Your use of Schaefer.co signifies your acknowledgement of and agreement to these Terms of Use.
1. APPLICATION OF TERMS OF USE
1.1. These Terms of Use apply to all users of the website Schaefer.co and any other affiliated websites owned or controlled by Schaefer, including any and all services, mobile applications, and online software available through these sites (collectively “Schaefer.co”). The term “users” includes both registered members of Schaefer.co and any other person that accesses Schaefer.co at any point for any amount of time.
2. WEBSITE ACCESS
2.1. Access. Schaefer grants you a limited, revocable, nonexclusive license to access Schaefer.co for your own personal use.
2.2. Automated Systems. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” and “offline readers” that access Schaefer.co. You agree not to collect or harvest any personally identifiable information, including account names, from Schaefer.co, nor to use the communication systems provided by Schaefer.co for any commercial solicitation or illegal or improper purposes.
2.3. Search Engines. Notwithstanding the foregoing, Schaefer grants the operators of recognized international public search engines, such as Google, Bing, and DuckDuckGo permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials. Schaefer reserves the right to revoke these exceptions either generally or in specific cases.
2.4. Termination of Account. You agree that Schaefer, in its sole discretion, has the right (but not the obligation) to block your email or IP address, or otherwise terminate your access to or use of Schaefer.co (or any part thereof), immediately and without notice, and remove and discard any content within Schaefer.co, for any reason, including, without limitation, if Schaefer believes that you have acted inconsistently with the letter or spirit of the Terms of Use. Further, you agree that Schaefer shall not be liable to you or any third-party for any termination of your access to Schaefer.co. Further, you agree not to attempt to use Schaefer.co after said termination.
2.5. Termination of Service. Schaefer may modify, suspend, discontinue or restrict the use of any portion of Schaefer.co, including the availability of any portion of the content at any time, without notice or liability. Schaefer.co may deny access to any registered member or other user at any time for any reason, or no reason at all in our sole discretion. In addition, Schaefer.co or Schaefer may at any time transfer rights and obligations under these Terms of Use to any Schaefer affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires Schaefer, Schaefer.co or any of their respective assets. You agree that Schaefer shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any service.
2.6. Third Party Links. Schaefer.co may contain links to third party websites that Schaefer does not own or control. Schaefer assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Schaefer will not and cannot censor or edit the content of any third-party site. You expressly relieve Schaefer from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Schaefer.co website and to read the terms and conditions and privacy policy of other websites that you visit.
2.7. Consent to Electronic Service. When you use Schaefer.co or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on Schaefer.co. 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.
3. THIRD-PARTY CONTENT / INTERACTIVE FEATURES
3.1. The Schaefer.co website may permit the submission, hosting, sharing, and/or publishing of text, photographs, audio, videos, reviews, or other content, including comments and reviews by you, other users, and other third parties such as our partners or affiliates (“Third-Party Content”).
3.2. By posting, submitting or uploading a Third-Party Content to any area of Schaefer.co, you automatically grant, and you represent and warrant that you have the right to grant, to Schaefer an irrevocable, perpetual, non-exclusive, fully paid, sublicensable, transferable, worldwide license to use, copy, perform, display, and distribute said Third-Party Content and to prepare derivative works of, or incorporate into other works, said Third-Party Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Third-Party Content to Schaefer.co, you automatically grant Schaefer all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Third-Party Content by any party for any purpose. You acknowledge that by participating in any interactive area on this website, you are granting Schaefer the unrestricted right, throughout the world and in perpetuity, to copy, sublicense, adapt, transmit, perform, display or otherwise use, at no cost whatsoever to Schaefer, any and all material or content you post or submit, including, without limitation, all intellectual property rights embodied therein.
3.3. You acknowledge that the interactive features on Schaefer.co are not for private communications. You acknowledge that you have no expectation of privacy with regard to any content you submit to Schaefer.co. Schaefer cannot guarantee the security of any information you disclose through Schaefer.co. You make such disclosures at your own risk. Schaefer has no obligation to retain or provide you copies of Third-Party Content.
3.4. By posting Third-Party Content to Schaefer.co or by using any other interactive area of the website, you specifically agree to comply with each of the following:
(a) You will not post or transmit any material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights.
(b) If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the material, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the material.
(c) You have fully complied with any third-party licenses relating to the material you post or transmit and have done all things necessary to successfully pass through to Schaefer any required terms.
(d) You will not post or transmit any material that is false, deceptive, misleading, or deceitful.
(e) You will not post or transmit any material that is abusive, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, defamatory, vulgar, obscene, sexually-oriented, profane or is otherwise in violation of any applicable law, rule or regulation.
(f) You will not post or transmit any material that deceptively impersonates any person or entity.
(g) The material you submit is not named in a manner that misleads users into thinking that you are another person or company.
(h) You will not post content that constitutes or contains any form of advertising or solicitation or for commercial purposes. Do not post a URL unless it directly relates to a user’s question.
(i) You will not post or transmit any software or computer files that contains malware, computer viruses, worms, Trojan horses, rootkits, spyware, adware, and other malicious or unrequested software, computer code, or file.
(j) You will not post or transmit any content that is intended to promote or commit an illegal act.
Failure to comply with the above rules may lead to you being immediately and permanently banned, with notification to law enforcement and/or your internet service provider.
3.5. When posting Third-Party Content, you agree never to use a third-party agent, service, or intermediary that offers to post Third-Party Content to Schaefer.coc on your behalf (“Posting Agent”). Posting Agents are not permitted to post Third-Party Content on behalf of others, to cause Third-Party Content to be so posted, or otherwise access Schaefer.co to facilitate posting Third-Party Content on behalf of others, except with express written permission from Schaefer.
3.6. You must not describe or assign keywords to your Third-Party Content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Schaefer.co may change or remove any description or keyword that it considers inappropriate or unlawful in Schaefer’s sole discretion.
3.7. You are and shall remain solely responsible for any and all Third-Party Content you make through Schaefer.co. You acknowledge that any information you disclose through Schaefer.co becomes public information and can be used by people you do not know. Accordingly, you should exercise caution when deciding to disclose any information on Schaefer.co. Any such disclosures are at your own risk.
3.8. You understand that when using the Schaefer.comwebsite, you will be exposed to Third-Party Content from a variety of sources, and that Schaefer is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Third-Party Content. You further understand and acknowledge that you may be exposed to Third-Party Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Schaefer with respect thereto, and agree to indemnify and hold Schaefer, its owners, operators, affiliates, and agents, licensors and licensees, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
3.9. Third-Party Content may contain the views and opinions of individual content authors. Schaefer does not endorse any Third-Party Content or any opinion, recommendation, or advice expressed therein, and Schaefer expressly disclaims any and all liability in connection with Third-Party Content.
3.10.Schaefer does not prescreen Third-Party Content submitted and Schaefer has no duty to monitor any interactive area of its website. Although we may monitor or review Third-Party Content from time to time, we do not actively monitor the Third-Party Content of the interactive areas and we are not under any obligation to do so. Each user is solely responsible and liable for the contents of his or her Third-Party Content, and we are not responsible in any way for the content or opinions expressed therein. We have the right, but not the obligation, to remove, edit or move, at any time, any material posted, in each case as we deem appropriate. Schaefer may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to any submission in any Schaefer.co forum.
4. INTELLECTUAL PROPERTY INFORMATION
4.1. All content on the Schaefer.co website, including without limitation, the text, software, scripts, tools, graphics, photos, sounds, music, videos, and interactive features (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Schaefer The Content and Marks are protected to the maximum extent permitted by intellectual property laws and international treaties. All Content displayed on or through Schaefer.co is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions.
4.2. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Schaefer.
4.3. You further agree not to reproduce, duplicate or copy Content from Schaefer.co without the express written consent of Schaefer, and agree to abide by any and all copyright and other legal notices displayed on Schaefer.co. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in Schaefer.co. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of Schaefer.co.
5. WARRANTY DISCLAIMER
5.1. SCHAEFER.CO, INCLUDING ANY CONTENT, THIRD-PARTY CONTENT, OR ANY SITE-RELATED SERVICE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SCHAEFER HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
5.2. SCHAEFER MAKES NO WARRANTY THAT: (I) SCHAEFER.CO WILL MEET YOUR REQUIREMENTS, (II) SCHAEFER.CO WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SCHAEFER.CO WILL BE ACCURATE OR RELIABLE, OR (IV) ANY ERRORS IN SCHAEFERDIGITAL.COM WILL BE CORRECTED.
5.3. SCHAEFER IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, OR ANY OTHER THIRD PARTY AND SCHAEFER WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED HEREIN.
5.4. YOU ACKNOWLEDGE THAT SCHAEFER HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF PRODUCTS AND SERVICES ADVERTISED ON SCHAEFER.CO THE TRUTH OR ACCURACY OF ANY THIRD-PARTY CONTENT.
5.5. SCHAEFER , ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO SCHAEFER.CO, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN SCHAEFER.CO. YOUR SOLE REMEDY FOR DISSATISFACTION WITH SCHAEFER.CO AND/OR SITE-RELATED SERVICES IS TO STOP USING SCHAEFER.CO AND/OR THOSE SERVICES.
6. UNSOLICITED MATERIAL AND IDEAS
6.1. We are happy to hear from users and welcome feedback regarding Schaefer.co. However, neither the Schaefer.co nor Schaefer are responsible for the similarity of any of its content in any media to materials or ideas you provide to Schaefer.co.
6.2. If you transmit unsolicited submissions to us through Schaefer.co or otherwise, you grant Schaefer a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable, assignable and transferrable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such submissions, and you understand and agree that such submissions may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or otherwise used as Schaefer sees fit.
6.3. By using Schaefer.co and transmitting an unsolicited submission to us, you agree that you are not entitled to any compensation, credit or notice whatsoever with respect to such submission, and that by sending an unsolicited submission you waive the right to make any claim against Schaefer.co, Schaefer and its affiliated companies, officers, directors or employees relating to our use of such submission, including, without limitation, infringement of proprietary rights, unfair competition, breach of implied contract or breach of confidentiality, even if material or an idea is used that is or may be substantially similar to the idea you sent.
7. INDEMNITY
7.1. You agree to defend, indemnify and hold harmless Schaefer, its affiliated companies, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
(a) your use of and access to the Schaefer.co website;
(b) your participation in any interactive area of the Schaefer.co website.
(c) your violation of any term of these Terms of Use;
(d) your violation of any third party right, including without limitation any copyright, property, or privacy right;
(e) your violation of any law, rule or regulation of the United States, any state, or any other country;
(f) any claim that Third-Party Content posted by you caused damage to another third party.
7.2. This defense and indemnification obligation will survive these Terms of Use and any termination of your use of the Schaefer.co website.
8. DIGITAL MILLENNIUM COPYRIGHT ACT
8.1. Infringement Not Permitted. Schaefer does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Schaefer will remove any content if properly notified that such content infringes on another’s intellectual property rights. Schaefer reserves the right to remove any content without prior notice.
8.2. DMCA Notice. If you are a copyright owner or an agent thereof and believe that any Third-Party Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(d) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Schaefer’s designated Copyright Agent to receive notifications of claimed infringement is:
Schaefer Digital LLC
Attn: Copyright Agent
80 N Pecos Rd
Suite I
Henderson, NV 89074
copyright@Schaefer.co
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
8.3. Counter-Notice. If you believe that your Third-Party Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your Third-Party Content, you may send a counter-notice containing the following information to the Copyright Agent:
(a) Your physical or electronic signature;
(b) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(c) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(d) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Las Vegas, Nevada, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
8.4. Effect of Counternotice. If a counter-notice is received by the Copyright Agent, Schaefer.co may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Schaefer.co sole discretion.
9. PRIVACY POLICY
9.1. Schaeferhas established a Privacy Policy to explain to users how personal information is collected and used, which is located at the following web address:
9.2. Your use of Schaefer.co signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Schaefer may, in its sole discretion, preserve or disclose content posted by you, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce the Terms of Use, or respond to claims from third-parties.
10. GOVERNING LAW / DISPUTES
10.1. You agree that the Schaefer.co website shall be deemed solely based in the State of Nevada.
10.2. The Schaefer.co website shall be deemed a passive website that does not give rise to personal jurisdiction over Schaefer. either specific or general, in jurisdictions other than Nevada.
10.3. Governing Law / Jurisdiction. These Terms of Use will be governed and interpreted in accordance with the internal laws of the State of Nevada applicable to agreements entered into and to be wholly performed therein, without regard to principles of conflict of laws. If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed from the remainder of these Terms of Use, which shall remain in full force and effect. These Terms of Use are governed by a mandatory arbitration clause set out below, however, if a court is necessary in whole or in part to enforce these Terms of Use, You consent and submit to the sole and exclusive jurisdiction of the state and federal courts located in Clark County, Nevada and waive any objection to personal jurisdiction, to venue, or to convenience of forum.
10.4. Disputes. Any dispute, claim or controversy arising out of or relating to the Schaefer.co website, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Las Vegas, Nevada, before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or by the American Arbitration Association pursuant to its Commercial Arbitration Rules. The arbitrator may not award any consequential, indirect, exemplary, special or incidental damages arising from or relating to your use of the Schaefer.co website (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss). Judgment on the Award may be entered in any court having jurisdiction. You and we will each pay one-half of the costs and expenses of such arbitration, and each of the parties will separately pay their counsel fees and expenses. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court in Clark County, Nevada to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, trademarks, and trade secrets, but not privacy or publicity rights).
10.5. Statute of Limitations. You agree to file any claim regarding any aspect of Schaefer.co or these Terms of Use within six months of the time in which the events giving rise to such claim began, or you agree to waive such claim.
10.6. Class Action Waiver. You agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis. YOU AND SCHAEFER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
11. ASSIGNMENT / MODIFICATION
11.1. Assignment. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you. Schaefer may assign these Terms of Use, and any rights and license granted hereunder without restriction.
11.2. Modification. We reserve the right to amend these Terms of Use at any time. If we do this, we will post the amended Terms of Use on this page and indicate at the top of the page the date the Terms of Use were last revised. The most current version of these Terms of use will supersede all previous versions. Your continued use of Schaefer.co after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) Schaefer.co.
12. ABILITY TO ACCEPT TERMS OF USE
You hereby declare, represent and warrant that you are over eighteen (18) years of age, or that you are an emancipated minor, or that you possess legal parental or guardian consent, and that you are fully able and competent to legally bind yourself to and abide by all of the terms, conditions, obligations, declarations, affirmations, representations, and warranties set forth in these Terms of Use. Schaefer.co is not intended for use of children under eighteen (18) years old. Children under eighteen (18) years of age are hereby explicitly prohibited from using the Schaefer.co website.
13. CONSENT
By using Schaefer.co in any way you are agreeing to comply with these Terms of Use. In addition, when using a particular Schaefer.co service, you agree to abide by any applicable posted guidelines, which may change from time to time. Should you object to any term or condition of the Terms of Use, any guidelines, or any subsequent modifications thereto or become dissatisfied with Schaefer.co in any way, your only recourse is to immediately discontinue your use of Schaefer.co.
