|
|
Terms and Conditions of Use
By using the smbINFO Inc ("smbINFO") Site, you signify your agreement to
these terms of use. If you do not agree to these terms of
use, you may not use the smbINFO Site. We reserve the right,
at our sole discretion, to change, modify, add, or delete
portions of these terms of use at any time.
All materials contained in any smbINFO Site are the
copyrighted property of smbINFO Inc, unless otherwise
indicated. No material from any smbINFO
Site may be copied, reproduced, republished,
uploaded, posted, transmitted, or distributed in any way,
except that you may download one copy of the materials on
any single computer for your personal use only, provided
that (i) you keep intact all copyright and other proprietary
notices, (ii) you make no modifications to the materials,
(iii) you do not use the materials in a manner that suggests
an association with any of our products, services, or
brands, and (iv) you do not download quantities of materials
to a database that can be used to avoid future downloads
from any smbINFO Site. The use of any smbINFO material on
any other Web site or computer environment is prohibited.
In the event you download software from any smbINFO Site,
the software, including any files, images incorporated in or
generated by the software, and data accompanying the
software (collectively, the "Software") are licensed to you
by us for your personal use only.
We do not transfer title to the Software to you. You own the
medium on which the Software is recorded, but we retain full and complete title to the
Software and all intellectual property rights therein. You
may not redistribute, sell, auction, decompile, reverse
engineer, disassemble, or otherwise reduce the Software to a
human-readable form.
DISCLAIMER
THE MATERIALS IN THE SMBINFO SITE ARE PROVIDED "AS IS"
AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE MATERIALS ON ANY SMBINFO SITE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT ANY SMBINFO SITE OR THE SERVERS THAT MAKE SUCH
MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS
ON ANY SMBINFO SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE.
We explicitly disclaim any responsibility for the accuracy,
content, or availability of information found on sites that
link to or from any smbINFO Site. We cannot ensure that you
will be satisfied with any products or services that you
purchase from a third-party site that links to or from any
smbINFO Site or third-party content on our sites. We do not
endorse any of the merchandise, nor have we taken any steps
to confirm the accuracy or reliability of, any of the
information contained in such third-party sites or content.
We do not make any representations or warranties as to the
security of any information (including, without limitation,
credit card and other personal information) you might be
requested to give any third party, and you hereby
irrevocably waive any claim against us with respect to such
sites and third-party content. We strongly encourage you to
make whatever investigation you feel necessary or
appropriate before proceeding with any online or offline
transaction with any of these third parties.
PAYMENT
The annual membership fee is due in full at the beginning
of the one year period. THERE ARE NO REFUNDS OR
CREDITS FOR ANY PARTIAL-YEAR SUBSCRIPTION PERIODS. No
full or partial refunds can be made after the start of the
membership period for any reason.Payments made to smbINFO may be made through a third
party service. smbINFO is not liable for any monies lost
during the transaction process or non-payment issues.
smbINFO Inc does not collect or store any credit card
information and cannot be liable for any lost or stolen
credit card numbers.
INDEMNIFICATION
You are entirely responsible for maintaining the
confidentiality of your user id(s), password(s), and
your account, as well as all activities that occur under
your account. You hereby indemnify, defend, and hold us and
our affiliates and our officers, directors, owners, agents,
information providers, licensors, and licensees
(collectively, the "Indemnified Parties") harmless from and
against any and all liabilities and costs (including
reasonable attorneys' fees) incurred by the Indemnified
Parties in connection with any claim arising out of any
breach by you of these terms of use or claims arising from
your account. You shall use your best efforts to cooperate
with us in the defense of any claim. We reserve the right,
at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification
by you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM THE USE OF, OR THE INABILITY TO USE, ANY SMBINFO SITE
OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES,
AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE
AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR
ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY
SMBINFO SITE.
JURISDICTIONAL ISSUES
smbINFO is controlled and operated by smbINFO Inc. from its
U.S. offices in California. We make no representation that
materials on any smbINFO Site are appropriate or available
for use in any particular location. Those who choose to
access a smbINFO Site do so on their own initiative and are
responsible for compliance with local laws, if and to the
extent local laws are applicable. Software from this site is
further subject to United States export controls. No
software from this site may be downloaded or otherwise
exported or reexported (i) into (or to a national or
resident of) Cuba, Libya, North Korea, Iran, Syria, or any
other country to which the U.S. has embargoed goods; or (ii)
to anyone on the U.S. Treasury Department's list of
Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. By downloading or using
the Software, you represent and warrant that you are not
located in, under the control of, or a national or resident
of any such country or on any such list or otherwise in
violation of export control laws or regulations.
GENERAL PROVISIONS
These terms of use shall be governed by and construed in
accordance with the laws of the State of California and the
laws of the United States, 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
shall be filed only in the state or federal courts located
in San Mateo County, California, and you hereby consent and
submit to the personal jurisdiction of such courts for the
purposes of litigating any such action. If any provision of
these terms of use shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed
severable from these terms of use and shall not affect the
validity and enforceability of any remaining provisions.
|
