Effective Date: May 9, 2018
Last Updated: May 9, 2018
SmartLinx Solutions, LLC – Terms and Conditions
Your use of the SmartLinx Solutions, LLC (the “Company”) website(s) located at smartlinxsolutions.com and the services made available through same (collectively, the “Website”) constitutes your acceptance of these Terms and Conditions of Use, as well as the Company’s Privacy Notice located at https://www.smartlinx.com/privacy-policy. If you do not understand or have questions about the Terms and Conditions, immediately stop all use of the Website. If you do not accept these Terms and Conditions, you may not use the Website. If at any time you do not agree to these Terms and Conditions, you must cease your use of this Website.
The following terminology applies to these Terms and Conditions: “you” and “your” refers to you, the person accessing this Website. The “Company”, “we”, “our” and “us”, refers to SmartLinx Solutions, LLC. “Party”, “Parties”, or “Us”, refers to both You and the Company.
Unless otherwise stated, the Company and/or its licensors own the intellectual property rights for all material on the Website and in connection with all services provided therein. All such intellectual property rights are reserved. You may view and/or print pages from smartlinxsolutions.com for your own personal use only subject to restrictions set in these Terms and Conditions.
You must not:
- Republish material from com
- Sell, rent or sub-license material from com
- Reproduce, duplicate or copy material from com for your own personal use as permitted herein.
- Redistribute content from com or the Company (unless content is specifically made for redistribution).
Your representations and warranties
You represent and warrant and represent that:
- You are entitled to post or provide us with all information that you so provide through the Website and have all necessary licenses and consents to do so;
- All information you submit through the Website does not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
- All information you submit through the Website does not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
- The information you submit through the Website will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You may only use this Website for the purpose for which it was intended by the Company.
You may not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website.
The term “user content” contained herein means information or material submitted by you to the Company in or through the Website, including through any Contact information, search queries or otherwise, for whatever purpose submitted.
By submitting user content to us, you grant the Company a worldwide, irrevocable, non-exclusive, royalty-free license (together with the right to sublicense same) to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or the Company or a third party.
The Company reserves the right to edit or remove any material submitted to the Website, or stored on the Company’s servers or elsewhere.
No representations or warranties
This Website is provided “as is” without any representations or warranties of any kind whatsoever, express or implied. The Company makes no representations or warranties in relation to this Website or products or services advertised or promoted on the Website, including but not limited to the Courses and information contained on the Website’s Blog.
Without prejudice to the generality of the foregoing paragraph, the Company does not warrant that:
- The Website will be constantly available, or available at all; or
- The information on the Website is complete, true, accurate or non-misleading; or
- The information on the Website is up-to-date; or
- The information on the Blog is current or accurate.
Nothing on the Website constitutes, or is meant to constitute, advice of any kind.
Limitations of liability
UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO YOU OR ANY USER OF THE WEBSITE FOR ANY COVER OR SETOFF, NOR FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY USING THE WEBSITE AND/OR ACCESSING ANY INFORMATION CONTAINED THEREIN, YOU ALSO WAIVE, TO THE FURTHEST EXTENT PERMITTED BY LAW, ANY CLAIMS, LIABILITY OR DAMAGES OF ANY KIND (INCLUDING FINES, SANCTIONS AND ANY OTHER PENALTIES) AGAINST THE COMPANY BASED UPON THE WEBSITE OR ANY INFORMATION CONTAINED THEREIN OR ANY INFORMATION OR DATA PROVIDED BY YOU TO COMPANY THROUGH THE WEBSITE OR USE AND/OR DISCLOSURE OF SUCH INFORMATION.
By using the Website, you agree that the exclusions and limitations of liability set out in the Website disclaimer are reasonable, including but not limited to the fact that the Company does not charge you to use the Website.
If you do not think these terms and condition and the limitation of liability are reasonable, you must not use the Website.
Hyperlinking to our Content
The following organizations may link to the Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the websites of other listed businesses; and
- System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.
The above-described organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
We may consider and approve in our sole discretion other link requests from the following types of organizations:
- Commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
- com community sites;
- Associations or other groups representing charities, including charity giving sites,
- Online directory distributors;
- Internet portals;
- Accounting, law and consulting firms whose primary clients are businesses; and
- Educational institutions and trade associations.
We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses; (b) the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of; and (d) where the link is in the context of general resource information or is otherwise consistent with the purpose of the Website and/or the Company.
These organizations may link to the Website so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are among the organizations listed above and are interested in linking to our Website, you must notify us by sending an e-mail to firstname.lastname@example.org. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URL(s) on the Website to which you would like to link.
Approved organizations may hyperlink to the Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator (Web address) being linked to; or
- By use of any other description of the Website or material being linked to that makes sense within the context and format of content on the linking party’s site.
No use of the Company’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and express written permission, you may not create frames around the Website or any pages contained therein, nor use other techniques that alter in any way the visual presentation or appearance of the Website or pages contained therein.
If any provision of the Website terms and conditions is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the Website terms and conditions.
You hereby agree to indemnify, defend and hold harmless the Company and its officers, directors, owners, employees and agents from and against any losses, damages, costs, liabilities and expenses (including without limitation reasonable attorneys’ fees and costs) incurred or suffered by Company arising out of any breach by you of any provision of these terms and conditions.
The Company may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the Website from the date of the publication of the revised terms and conditions on the Website. Please check this page regularly to ensure you are familiar with the current version.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions, together with the Privacy Notice referenced above, constitute the entire agreement between you and the Company in connection with your use of the Website.
Law and jurisdiction
These terms and conditions and use of the Website shall be exclusively governed by, and interpreted in accordance with, the laws of the State of New Jersey without regard to principles of conflicts of laws provisions. Any and all disputes or claims related in any way to the Website, these terms and conditions or the Privacy Notice incorporated herein, including but not limited to any claim of breach thereof or violation of any state, federal or local law, rule, statute or ordinance, shall be exclusively brought in the State or Federal Courts located within the State of New Jersey.
If you have questions or concerns with respect to these terms and conditions, you may contact us at email@example.com