Terms and Conditions
The Sites and their original content, features and functionality are owned by us and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
We may terminate your access to the Sites, without cause or notice, at our discretion, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Links To Other Sites
We grant you a non-exclusive, non-transferable, limited, worldwide, royalty free perpetual license to use the Sites in accordance with the terms of this Agreement. This license is provided free of charge. The following content is excluded from the licensed content and may not be downloaded, used, copied or adapted by you using this License:
• Any underlying web services (which includes any software, documents and/or materials which underpin the Content).
• Any Content which we inform you is governed by different license terms;
• Any Content for which payment is required;
• Any advertisements or promotions by third parties;
• Any material for which you have not obtained all necessary consents; and
• Any material that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United States.
Limitation Of Liability
In no event shall we, or our directors, employees, partners, agents, suppliers, or affiliates, be liable for damages, direct or consequential, resulting from your use of the Sites, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses, including but not limited to attorney’s fees, arising from your violation of any third-party’s rights.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SMARTWITHTECH HEREBY DISCLAIMS ANY AND ALL LIABILITY FOR LOSS, INJURY OR DAMAGE (DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL) ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE INCLUDING WITHOUT LIMITATION ANY AND ALL LIABILITY:
• RELATING TO THE ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, SUITABILITY, QUALITY, OWNERSHIP, NON-INFRINGEMENT, OPERATION, MERCHANTABILITY AND FITNESS FOR PURPOSE OF THE CONTENT;
• RELATING TO ITS WORK PROCURING, COMPILING, INTERPRETING, EDITING, REPORTING AND PUBLISHING THE CONTENT;
• RELATING TO ANY INTERRUPTION, FAILURE OR CESSATION OF OPERATION OR TRANSMISSION;
• RESULTING FROM ANY ACTS OR OMISSIONS OF ANY THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SITE;
• RESULTING FROM RELIANCE UPON, OPERATION OF, USE OF OR ACTIONS OR DECISIONS MADE ON THE BASIS OF, ANY FACTS, OPINIONS, IDEAS, INSTRUCTIONS, METHODS, OR PROCEDURES SET OUT ON THIS SITE;
• ARISING OUT OF OR RELATING TO THE MISUSE OF OR INAPPROPRIATE RELIANCE ON THE CONTENT OF THE SITE; AND
• RESULTING FROM ANY VIRUS, WORM, TROJAN, TIME-BOMBS, KEYSTROKE LOGGERS, SPYWARE, ADWARE OR ANY OTHER KIND OF MALWARE OR CONTAMINATION OF COMPUTING EQUIPMENT.
YOU SHOULD CARRY OUT YOUR OWN EVALUATION / VERIFICATION EXERCISE BEFORE CHOOSING TO RELY UPON ANY OF THE CONTENT IN ANY WAY.
Viruses, hacking and other
You must not misuse the Site by knowingly introducing (or transmitting data, sending or uploading any material that contains) viruses, Trojans, worms, time-bombs, keystroke loggers, spyware, adware, logic bombs or other material, programs or similar computer code which is malicious, technologically harmful or designed to adversely affect the operation of any computer software or hardware of the Site. You must not attempt to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack. In the event of such a breach, Your rights to use the Site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer. You acknowledge that you are solely responsible for any Information that you choose to disclose and make publicly accessible via the Site, and that under no circumstances will we be liable in any way for the disclosure and public accessibility of such Information. You acknowledge that any information posted to publicly accessible areas may remain publicly accessible indefinitely. In consideration of your continuing use of the Site, we shall be entitled, without further obligation, to retain, disclose or otherwise use the Information for any purpose. Also, in consideration of your continuing use of the Site, you hereby assign all your interest in intellectual property rights in such information to us as a continuing obligation, with full title guarantee for the full duration of such rights, wherever in the world where ever they are enforceable. You agree to execute all documents and assignments and do all such things necessary to ensure that we are able to enjoy the benefits of the rights under this condition. You will not take any action prejudicial to the subsistence of the intellectual property rights in the Information and from any action prejudicial to the assignment pursuant to this condition.
You may only use the Site for lawful purposes. You may not use the Site:
• in any way that breaches any applicable local, national or international law or regulation;
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent intent, purpose or effect;
• to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
• not to access without authority, interfere with, damage or disrupt: o any part of the Site; or any equipment or network on which the Site is stored; o any software used in the provision of the Site; or any equipment or network or software owned or used by any third party.
We endeavor to ensure that the site content is accurate and consistent. To the fullest extent permitted by applicable law, Smartwithtech excludes all warranties or representations (express or implied) in respect of the Content.
Your use of the Sites is at your sole risk. The Sites are provided on an “as is” and “as available” basis. The Sites are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Our subsidiaries, affiliates, and its licensors do not warrant that a) the Sites will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Sites are free of viruses or other harmful components; or d) the results of using the Sites will meet your requirements. Your continued use of the Sites and Content is entirely at your own risk. We makes no warranty, representation or guarantee that the Content is error free or fit for your intended use. Any correspondence or business dealings with, or participation in promotions of, advertisers whose advertisements may be found on or through the Sites, including payment and delivery of related goods or services, and any other terms or representations associated with such dealings, are solely between you and the relevant advertiser. We do not endorse, recommend, or make any representations about any products or services provided by advertisers, if any. The presence of advertisements found on the Sites, or the inclusion of the words alongside advertisements such as “official sponsor” or “partner” do not imply any exclusive arrangement between us and the advertiser. To the fullest extent permitted by applicable law, you agree that we shall not be liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sites and/or any reliance placed by you on the completeness or accuracy of such advertising.
No failure or delay by us to exercise any right, power or remedy will operate as a waiver of any of them nor will any partial exercise preclude any further exercise of the same or some other right, power or remedy.
Information about you and your visits to the Site
Governing Law and Jurisdiction
If you have any questions about this Agreement, please contact us at [email protected]