Terms & Conditions
Welcome to SMK Services, Inc. By accessing any areas of this website, users (Users) agree to be legally bound and to abide by the terms set forth below.
I. TRADEMARKS
This website is a service mark of SMK Services, Inc. (the “Company”) or its affiliates. All rights reserved. These and other Company graphics, logs and service marks and trademarks of SMK Services, Inc. and its affiliates may not be used without prior written consent of the Company or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on this website are the property of their respective owners.
II. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of this website is at User’s sole risk. Neither the Company nor its affiliates nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, Providers), or the like, warrant that the website will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of the website, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through it.
THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
The company makes no representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, materials, or products included on this site. To the full extent permissible by law, SMK Services, Inc. disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. SMK Services, Inc. will not be liable for any damages of any kind arising from the use of this site, including but not limited to direct, indirect, incidental, punitive, and consequential damages. No oral advice or written information given by the company nor its affiliates, nor any of their officers, directors, employees, agents, providers, or the like, shall create a warranty; nor shall the user rely on any such information or advice.
Under no circumstance shall the Company or any other party involved in creating, producing, or distributing this website be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the website, including but not limited to reliance by User on any information obtained from SMK Services, Inc. or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Company’s records, programs or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through this website. In the event any state or territory does not allow the exclusion or limitation of liability for consequential or incidental damages, in such states and territories liability is limited to the fullest extent permitted by law.
III. CONTENT
A. PROPRIETARY RIGHTS
User acknowledges that this website contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively, Content) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and SMK Services, Inc. owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under U.S. copyright law User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
B. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT PROHIBITED
User may not upload to or otherwise distribute any Content on this website without the express written authorization of the Company in each instance.
C. THIRD-PARTY CONTENT
SMK Services, Inc. is a distributor and not a publisher of Content supplied by third parties and Users. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of this website, are those of the respective authors or distributors and not of SMK Services, Inc. or its affiliates or any of their officers, directors, employees or agents. Neither SMK Services, Inc. nor its affiliates, nor any of their officers, directors, employees or agents, nor any third party, including any Provider, or any other User of this website, guarantees the accuracy, completeness or usefulness of any Content, nor its merchantability or fitness for any particular purpose. Under no circumstances shall the Company, or its affiliates, or any of their officers, directors, employees or agents be liable for any loss, damage or harm caused by User’s reliance on information obtained through this website. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through this website.
D. EXPORT
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations—including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from this website to either a foreign national or a foreign destination in violation of such laws.
IV. ONLINE CONDUCT
User agrees to use this website only for lawful purposes. User is prohibited from posting on or transmitting any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.
If the Company is notified of allegedly infringing, defamatory, damaging, illegal or offensive content provided by User, the Company may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content. The Company may disclose any Content or electronic communication of any kind: (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate the website; or (iii) to protect the rights or property of the Company, its Users or Providers.
V. PRIVACY POLICY
In accordance with the terms of the Company’s Privacy Policy, SMK Services, Inc. respects the privacy of its Users. To view our Privacy Policy, click here: [insert link to privacy policy].
VI. TERMINATION OF USAGE
The Company may terminate or suspend User’s access to this website, without notice, for any conduct the Company, in its sole discretion, believes violates any applicable law or is harmful to the interests of the Company, another User, a third-party Provider, or a service provider.
VII. APPLICABLE LAW
This site is created and controlled in the Commonwealth of Massachusetts. Massachusetts law shall govern the disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. User hereby irrevocably and unconditionally consents to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts, and of the United States of America located in Boston, Massachusetts for any litigation arising out of or relating to use of this website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue in said courts, and agrees not to plead or claim in any such court that such litigation brought therein has been brought in an inconvenient forum.
VIII.SEVERABILITY
The provisions of these Terms of Use and Service are intended to be severable. If any provision of these Terms of Use and Service shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
IX. ACKNOWLEDGMENT
The Terms of Use and Service, including all documents referenced herein, represents the entire understanding between you and SMK Services, Inc. regarding your use of or relationship with this website and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE AND SERVICE by using the SMK Services, Inc. website.
These Terms of Use and Service are subject to change at any time without notice to you.
