Terms of Use
1. Acceptance of Terms of Use. Thank you for visiting this website (the "Site"). We (ITSmart Security LLC) are offering access to and use of the Site subject to your acceptance of these Terms of Use. Please read these Terms of Use carefully before accessing or using the Site. By accessing or using content from this Site, you are accepting these Terms of Use. If you do not agree to the Terms of Use, you are not to access or use the Site.
2. Description of the Site. The Site allows you to access and use the Company's information and materials to the extent and in the manner published or offered on the Site.
3. Access. In order to access or use the Site, you need the equipment and software necessary to connect to the World Wide Web ("WWW") and the connection necessary to access the WWW. You are responsible for providing all such equipment and software as well for any fees associated with such connection or access (such as those charged by an Internet Service Provider (ISP) or telephone company). You agree to: (a) provide accurate and complete information if and when prompted to do so, and (b) maintain and update such information so it remains accurate and complete.
4. Privacy. Your privacy is important to us. All information gathered from you in connection with your use of the Site will be governed by the then-current provisions of our Privacy Policy.
5. Intellectual Property and Rights to Access Site.
5.1 Ownership. The Site's information, images, materials and other content as well as the associated database is owned by ITSmart Security LLC ("ITSmart") and/or its licensors or designees, and the underlying software, technology, display and format as well as intellectual property rights and interests is owned by ITSmart or its licensors. The Site's content, information, technology and format is protected by applicable domestic and international patent, copyright and other intellectual property and proprietary rights and laws, and is offered to you, as it exists on the Site, for limited use pursuant to these Terms of Use. You shall not copy, distribute, publish, display, perform, modify download, transmit, transfer, sell, or license, create derivative works from or based on, publicly display, frame, link, or in any other way exploit any of the Site or its content, in whole or in part, other than any of your own personal information that is provided for and found through the use of the Site, without the prior written permission of ITSmart or the respective copyright holder.
5.2 Trademark Notices. All trademarks, service marks, trade names and logos contained in the Site are the property of their respective owners.6. Changes to Site. This Site, in whole or in part, as well as its content and the products and services found
6. Changes to Site. This Site, in whole or in part, as well as its content and the products and services found through the Site may be modified, suspended or discontinued at any time, with or without notice.7. Modifications to Terms of Use; Additional Terms. The Terms of Use may be revised at any time. Any modifications shall be effective upon the earlier of the posting of the modified Terms of Use on the Site, or direct e-mail notification of the changes to you. You agree to review these Terms of Use periodically so that you are aware of any modifications. Your continued use of the Site shall be deemed your acceptance of the modified Terms of Use. You agree that the above-listed standards for notice of changes are reasonable.
7. Modifications to Terms of Use; Additional Terms. The Terms of Use may be revised at any time. Any modifications shall be effective upon the earlier of the posting of the modified Terms of Use on the Site, or direct e-mail notification of the changes to you. You agree to review these Terms of Use periodically so that you are aware of any modifications. Your continued use of the Site shall be deemed your acceptance of the modified Terms of Use. You agree that the above-listed standards for notice of changes are reasonable.8. Failure to Comply with Terms of Use. You acknowledge and agree that your access and use of the Site may be suspended or terminated in whole or in part, and without prior notice, if you engage in any conduct that: (a) violates any term or provision of these Terms of Use, (b) violates the rights of ITSmart or third parties, (c) or is otherwise inappropriate for continued access and use of the Site.
8. Failure to Comply with Terms of Use. You acknowledge and agree that your access and use of the Site may be suspended or terminated in whole or in part, and without prior notice, if you engage in any conduct that: (a) violates any term or provision of these Terms of Use, (b) violates the rights of ITSmart or third parties, (c) or is otherwise inappropriate for continued access and use of the Site.9.Product or Service Purchases When using this Site, you may have the opportunity to purchase products and our services. If electing to want to make a purchase, you agree that your order is an offer to buy all products and services listed in your order that is governed by these Terms of Use and our Purchasing Policy. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation
9. Product or Service Purchases . When using this Site, you may have the opportunity to purchase products and our services. If electing to want to make a purchase, you agree that your order is an offer to buy all products and services listed in your order that is governed by these Terms of Use and our Purchasing Policy. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between us and you will not take place unless and until you have received your order confirmation e-mail.
10. Using E-mail. If you provide us with your e-mail address, or have done so in the past, we may upon occasion send you e-mail. E-mail sent to us through the Site will be maintained in a manner consistent with our legal and regulatory requirements regarding client and public communications. Please note that e-mail does not provide a completely secure and confidential means of communication. It is possible that your e-mail communication may be intercepted or viewed by another Internet user while in transit to us.
11. Disclaimer. THIS SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO ALL SUCH MATERIALS ARE DISCLAIMED. NO WARRANTY IS MADE THAT THIS SITE OR ITS CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO WARRANTY IS MADE CONCERNING THE ACCURACY OF THE INFORMATION CONTAINED ON THE SITE, OR THE QUALITY OF ANY SERVICES AVAILABLE THROUGH THE SITE. NO REPRESENTATION OR WARRANTY IS MADE THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIR– USES OR OTHER HARMFUL COMPONENTS. OUR SITE MAY CONTAIN GENERAL MEDICAL OR HEALTHCARE INFORMATION THAT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE — USED IN ANY WAY FOR MEDICAL DIAGNOSIS OR TREATMENT. YOU SHOULD ALWAYS OBTAIN ADVICE PROVIDED BY A DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL.
IN STATES WHICH RESTRICT OR DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, THE ABOVE EXCLUSIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER THE LAW.
12. Limitation of Liability. YOU UNDERSTAND THAT IN NO EVENT WILL ITSmart OR ITS MANAGERS, MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR ITSmart BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF: (A) YOUR — USE OR INABILITY TO — USE THE SITE, OR (B) YOUR RELIANCE ON ANY SERVICES OR CONTENT PROVIDED BY THE SITE; EVEN IF ANY OF SUCH PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALSO, IN NO EVENT WILL ANY OF THE ABOVE IDENTIFIED PARTIES IN THIS SECTION BE LIABLE TO YOU FOR AN AMOUNT GREATER THAN $500 (USD). YOU AGREE THAT ANY CA– USE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CA– USE OF ACTION ACCRUES. OTHERWISE, SUCH CA– USE OF ACTION IS PERMANENTLY BARRED. IN STATES WHICH RESTRICT OR DO NOT ALLOW THE ABOVE LIMITATIONS OF LIABILITY, THE ABOVE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER THE LAW.
13. Notice. Notices by ITSmart or its agents to you may be given by means of a general posting at the Site or to your Company e-mail address. Notices (including questions, complaints, or legal notices) by you may be given by e-mail messages or conventional mail, as follows:
Electronic mail (e-mail) must be sent to our representatives at info@smartsafe.com.
14. Miscellaneous. These Terms of Use and Privacy Policies (and any addenda or statements expressly incorporated into these Terms of Use that you enter into) constitute the entire agreement with respect to your use of and access to the Site, and these Terms of Use and Privacy Policies replace all prior or contemporaneous understandings or agreements, written or oral, regarding your use of and access to the Site. If any provision of these Terms of Use and Privacy Policies is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions of these Terms of Use and Privacy Policies shall remain in full force and effect. 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 us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. 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. These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms or the Service shall be filed only in the state or federal courts in and for the City of New York and State of New York, and you hereby consent and submit to the personal and exclusive jurisdiction and venue of such courts for the purposes of litigating any such action. The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any assignment attempted to be made in violation of these Terms shall be void.