Last Updated: March 2021
IMPORTANT: PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. SPECIFICALLY, PLEASE REFER TO THE ARBITRATION PROVISION SET FORTH BELOW, REQUIRING YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE RELATED TO YOUR USE OF THE WEBSITE ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
1. Use of the Website
The access to and use of the Website implies Your full acceptance and undertaking to abide entirely by the Terms.
You should read all the Terms prior to using the Website. However, please note that we may change our Terms from time to time, therefore we recommend You read the Terms each time You access the Website. The revised Terms will be available via the Website. You will be deemed to have accepted any changes to the Terms if You continue to access or use the Website after the Terms have been updated.
You are not permitted to use, or cause others to use, any automated system or software to extract content or data from our Website for commercial purposes.
Access to our Website is permitted on a temporary basis. We update our Website regularly and so may change the content at any time without notice to You. We reserve the right to withdraw, vary or suspend the service at any time without notice.
You are responsible for making all arrangements necessary to access this Website. You are also responsible for ensuring that all persons accessing our Website through Your internet connection are aware of these Terms and Conditions.
Please note that use of our Website is subject to Your computer and/or portable device complying with our minimum standard technical specification and compatibility notice. You are advised to check this specification to ensure that Your computer and/or portable device is compatible with our products and services and we shall not be liable for any failure of the Website which arises from incompatibility with Your computer or device (including, without limitation, minimum storage and memory requirements from time to time).
You agree not to use the Website for fraudulent purposes, and not to perform any conduct that may damage the image, interests and rights of SMDigital or third parties. You also agree not to take any action that will damage, disable or overburden the Website, or hinder, in any way, the normal use and operation of the Website.
In the event of breach of the contents of these Terms we reserve the right to limit, suspend or terminate Your access to the Website, taking any technical measures necessary for that purpose.
2. International Users
Our Site is controlled, operated, and administered from our offices in Delray Beach, Florida, United States of America. We make no representation that content on the Website is appropriate or available for use at other locations outside the United States. You may not use the Website or export its content or products in violation of United States export laws and regulations. If You access the Website from a location outside of the United States, You are responsible for compliance with all local laws if, and to the extent, local laws are applicable.
3. Relationship and Reliance on Information Posted
THE MATERIALS ON THIS WEBSITE ARE FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. YOUR USE OF THIS WEBSITE DOES NOT CREATE A CONTRACTUAL OR LEGAL RELATIONSHIP BETWEEN YOU AND SMDIGITAL. THE INFORMATION AND MATERIALS POSTED ON OUR WEBSITE ARE NOT INTENDED AS ADVICE AND SHOULD NOT BE RELIED UPON AS SUCH. WE THEREFORE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH INFORMATION TO THE FULLEST EXTENT PERMISSIBLE BY ALL APPLICABLE LAWS.
4. Copyright Ownership
SMDigital’s Website is protected by the copyright laws of the United States and other jurisdictions. You may not copy any part of the Website for any other purpose, and You may not modify any part of the Website for any reason. Inclusion of any part of the Website in another work, whether in printed, electronic or other form, and inclusion of any part of the Website in another Website by linking, framing or otherwise, are expressly prohibited. Our operation of this Website is not intended to create, and will not create, a contractual or legal relationship with You.
5. Trademark Rights
The trademarks, service marks, and logos of SMDigital (“SMDigital Marks”) belong exclusively to SMDigital. The SMDigital Marks are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited and nothing stated or implied on the Website confers on You any license or right under the SMDigital Marks or the trademarks of any third party.
6. Use Restrictions
You agree not to use the Website for any purpose that is unlawful or that is designed or intended to interrupt, destroy or limit the functionality of the Website. You further agree not to use the Website in any manner that:
- copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Website or any portion thereof;
- is intended to obtain unauthorized access to the Website, any portion thereof, or any servers or devices on which the Website or any related data or information is stored;
- infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
- consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- causes us to lose (in whole or part) the services of our internet service providers or other suppliers;
- links to materials or other content, directly or indirectly, to which You do not have a right to link;
- is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by SMDigital in its sole discretion; or
- violates, or encourages anyone to violate the Terms or any ancillary terms and conditions listed on the Website.
7. Your Information
8. Third-Party Websites
You may be able to link from the Website to third party websites and third-party websites may link to the Website (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such Linked Sites or the information, content, products, services, advertising, code or other materials presented on or through such Linked Sites. The inclusion of any link to such Linked Sites on our Website does not imply SMDigital’s endorsement, sponsorship, or recommendation of that site. SMDigital disclaims any liability for links (1) from another website to the Website and (2) to another website from the Website. SMDigital cannot guarantee the standards of any website to which links are provided on the Website nor shall SMDigital be held responsible for the contents of such sites, or any subsequent links. SMDigital does not represent or warrant that the contents of any third-party websites are accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, SMDigital is not responsible for any form of transmission received from any Linked Sites. Any reliance on the contents of a third-party website is done at Your own risk and You assume all responsibilities and consequences resulting from such reliance.
9. Advertisements and Promotions
SMDigital may run advertisements and promotions from third parties on the Website. Your business dealings or correspondence with, or participation in promotions of, advertisers other than SMDigital, and any terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party. SMDigital is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Website.
10. Disclaimer of Warranties
SMDIGITAL DOES NOT ENDORSE, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE WEBSITE OR ON ANY THIRD-PARTY WEBSITES THAT MAY BE ACCESSED BY A LINK FROM THE WEBSITE. UNDER NO CIRCUMSTANCES WILL SMDIGITAL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE WEBSITE OR ON ANY THIRD-PARTY WEBSITE THAT MAY BE ACCESSED BY A LINK FROM THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT THE WEBSITE IS PROVIDED TO YOU ON AN AS IS AND AS AVAILABLE BASIS. SMDIGITAL DISCLAIMS IMPLIED WARRANTIES THAT THE WEBSITE AND ALL SOFTWARE, CONTENT AND SERVICES, AND INFORMATION DISTRIBUTED THROUGH THE WEBSITE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION GIVEN BY SMDIGITAL OR A REPRESENTATIVE SHALL CREATE A WARRANTY.
We reserve the right to restrict, modify, suspend, or terminate Your access to the Website, with or without cause or prior notice, at any time, and without any liability to You.
To the extent permitted by law, SMDigital may sell, transfer, or otherwise share some or all of our assets, including Your PII, in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy. In each such event, the PII we have collected from You may be one of the assets transferred.
14. Age Limitation
The Website is not intended for use by persons under the age of 13. SMDigital does not knowingly collect information from visitors under the age of 13 and in the event that we learn that a person under the age of 13 has provided SMDigital with PII, we will delete such PII.
15. Limitation of Liability
In no event shall SMDigital or any third parties mentioned on the Website be liable for any damages (including, without limitation, incidental, consequential or other indirect damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from Your use of or inability to use the Website or any part thereof, whether based on warranty, contract, tort, or any other legal theory, and whether or not SMDigital is advised of the possibility of such damages.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH SMDIGITAL IS TO DISCONTINUE YOUR USE OF THE WEBSITE OR ANY SERVICES OFFERED BY SMDIGITAL. IN NO EVENT WILL SMDigital’s TOTAL CUMULATIVE DAMAGES EXCEED US $100.
16. Dispute Resolution
By using the Website, You and SMDigital agree that, if there is any controversy, claim, action, or dispute arising out of or related to Your use of the Website, or the breach, enforcement, interpretation, or validity of these Terms or any part thereof (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to SMDigital at: 601 North Congress Avenue, Suite 430, Delray Beach, Florida 33445.
Both You and SMDigital agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
Other rights that You and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect in the state of Florida before one arbitrator to be mutually agreed upon by both parties.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable.
17. Choice of Law and Forum
You agree that the laws of the state of Florida govern the Terms and any claim or dispute that You may have against us, without regard to conflict of laws rules. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the foregoing with respect to applicable substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the U.S. Federal Arbitration Act (9 U.S.C., Secs. 1-16).
We reserve the right to modify these Terms at any time. Your continued use of the Website after any such modifications have been made shall be deemed to be Your conclusive acceptance of any modified version of the Terms. We will indicate that changes to the Terms have been made by updating the date indicated after “Last Updated” at the beginning or end of these Terms. If You do not agree to abide by the initial version and any modified version of the Terms, then You are not authorized to use the Website.