Acceptance of Terms through Use
Use and Restrictions
Defamation; Communications Decency Act Notice.
This site is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
This site is an Internet “service provider” under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As Required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement:
Smartx Technology Inc.
111 E Monument Ave-401-10
Kissimmee, FL, 347441
Agent’s Name/Email Address: [email protected]
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If we to believe the posted material in good faith violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
You may acquire products, services and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content. With regard to our Software, all users agree to the Software Services Agreement posted on this site.
Law, including, but not limited to, United States copyright law and international treaties, protects the material provided on this site. We and/or others own the copyrights and other intellectual property in the content of this site. Except for the limited rights granted herein, all other rights are reserved.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE “CONTENT”) ARE PROVIDED “AS IS” FOR YOUR — USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER SMARTX NOR OUR SUBSIDIARIES OR LICENSORS, MAKE ANY WARRANTY THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIR– USES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL SMARTX, OUR SUBSIDIARIES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE — USE OF, OR INABILITY TO — USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Smartx ‘S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW IN ANY JURISDICTIONS THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Links to Third Party Sites
The Site may contain links to sites operated by third parties. The linked sites are not under our control, and we are not responsible for the contents of any linked site. Please review the linked site, and, if you do not agree to be bound by the terms governing that site, we recommend that you terminate your visit to that site. We provide links only as a courtesy, and such links do not imply our endorsement of any linked site.
Participation in Promotions of Advertisers
You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.
You agree to defend, indemnify, and hold Smartx and our subsidiary and other affiliated companies, and their employees, contractors, officers and directors harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Site or the content therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. Smartx makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. If you are purchasing products for export, you are responsible for the necessary export documentation before shipment is made to a foreign country. We currently do not ship to locations outside the continental United States.
Choice of Law
Integration and Severability
Restrictions and Termination
On-line sales are intended for, and limited to, personal use and domestic sales only. Smartx reserves the right to limit the number of products sold, including the right to prohibit sales to re-sellers. Smartx reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without notice.
Specific Notice Regarding Software
Any software that is made available to download from SMARTX Services (“Software”) is copyrighted. Use of this Software is governed by the license terms that accompany or are included with such Software (“License Terms”). Please review all License Terms carefully before downloading and using the Software.
By placing an order on the Site, you authorize Smartx to apply the Sales Terms and Conditions published at smartxtechnology.com.
Smartx ‘s goal is to accurately describe all products offered for sale on the Site, however, the Site may contain typographical errors or other inaccuracies and may not be complete or current. In particular, representations of product colors on the Site may vary from actual product colors, largely based on the calibration of the monitor on which you view each particular image. A completely accurate determination of product color can only be made while in one of Smartx’s retail locations. Therefore, with respect to product description, pricing and availability, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Smartx apologizes for any inconvenience this may cause you and provides the following policy for returns or exchanges.
If you have any questions or comments about the Site, please contact us by email or by mail at:
Smartx Technology, Inc.
111 E Monument Ave. 401-10 Kissimmee, FL 34741
e-mail: [email protected]