Acceptance of Terms through Use

By using Smartx Technology Inc’s smartxtechnology.com and smartxstore.com web site (the “Site”), you agree to be bound by all terms, conditions and notices contained or referenced herein (the “Terms of Use”). We reserve the right to change the Terms of Use by posting revisions to the Site at any time. Your continued use of the Site indicates your agreement to any revised terms. Accordingly, we urge you to review the Terms of Use at the start of each use of the Site, and if you do not agree to the terms of this or any revised version, please exit the Site immediately.

 

Parties

The parties to these Terms of Use are you, and the owner of this http://evt.b76.myftpupload.com/ website business, Smartx Technology Inc.  (“Smartx”).  All references to “we”, “us”, “our”, this “website” or this “site” shall be construed to mean this website business and Smartx.  

 

Use and Restrictions

Subject to these Terms of Use our Privacy Policy, and Software Service Agreement, you may use the public areas of this site, but only for your own internal purposes.  You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any .txt file present on this site.  You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; or (iii) “frame” or “mirror” the site, its services or content on any other server or Internet-enabled device.  All rights not expressly granted in this Agreement are reserved by our licensors and us.

Defamation; Communications Decency Act Notice.

This site is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein.  We are not responsible for content or any other information posted to this site by third parties.  We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.

 

 

Monitoring.

We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you.  We may record or log your use in a manner as set out in our Privacy Policy that is accessible through the Privacy Policy link on this site’s home page.

DMCA Notice

This site is an Internet “service provider” under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”).  As Required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site.  All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):

Notification of Claimed Infringement:

Smartx Technology Inc.

111 E Monument Ave-401-10

Kissimmee, FL, 347441

Agent’s Name/Email Address: [email protected]

Telephone: 407-785-5032

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints.  If we to believe the posted material in good faith violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.

In notifying us of alleged copyright infringement, the DMCA requires that you include the following  information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii)  description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf.  Failure to include all of the above-listed information may result in the delay of the processing of your complaint. 

 

Separate Agreements

You may acquire products, services and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.  With regard to our Software, all users agree to the Software Services Agreement posted on this site.

 

Ownership

Law, including, but not limited to, United States copyright law and international treaties, protects the material provided on this site. We and/or others own the copyrights and other intellectual property in the content of this site. Except for the limited rights granted herein, all other rights are reserved.

 

Intellectual Property

You acknowledge that materials available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights (“Intellectual Property”) and are owned by Smartx or are used by permission. You may download or print copies of portions of the materials on the Site, if you only use such copies for your own personal, non-commercial use and do not modify or alter these copies in any way, or delete or change any copyright, trademark or patent notices therein. No right, title or interest in any downloaded or printed materials is transferred to you. Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the materials on the Site. You may only use the materials and the Intellectual Property on the Site as expressly permitted in this Terms of Use and for no other purpose. Smartx and the Smartx logo are registered trademarks of SMARTX TECHNOLOGY Inc. and are used with permission. All other trademarks are the property of their respective companies and are used by permission. If you submit comments, suggestions, ideas or other communications to Smartx (“Submissions”), your submission shall constitute an unrestricted worldwide license for Smartx to reproduce and use such Submissions in any manner and in any medium, it wishes, without any compensation paid to you. Therefore, we request that you do not provide Submissions of confidential information or other creative materials in which you do not wish to grant us rights.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE “CONTENT”) ARE PROVIDED “AS IS” FOR YOUR — USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER SMARTX NOR OUR SUBSIDIARIES OR LICENSORS, MAKE ANY WARRANTY THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIR– USES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL SMARTX, OUR SUBSIDIARIES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE — USE OF, OR INABILITY TO — USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Smartx ‘S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW IN ANY JURISDICTIONS THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES.

 

 

Links to Third Party Sites

The Site may contain links to sites operated by third parties. The linked sites are not under our control, and we are not responsible for the contents of any linked site. Please review the linked site, and, if you do not agree to be bound by the terms governing that site, we recommend that you terminate your visit to that site. We provide links only as a courtesy, and such links do not imply our endorsement of any linked site.

 

Participation in Promotions of Advertisers

You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site.  Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.

 

Indemnification

You agree to defend, indemnify, and hold Smartx and our subsidiary and other affiliated companies, and their employees, contractors, officers and directors harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Site or the content therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

International Use

By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. Smartx  makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. If you are purchasing products for export, you are responsible for the necessary export documentation before shipment is made to a foreign country. We currently do not ship to locations outside the continental United States. 

Choice of Law

 

This Terms of Use agreement shall, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of Florida, U.S.A., without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the state or federal courts located in the State of  FLORIDA, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

 

Integration and Severability

 

This Terms of Use constitutes the entire agreement between you and Smartx with respect to the Site and supersedes all prior or contemporaneous communications and proposals between us with respect to this site. If any provision of this Terms of Use is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.

 

 

Restrictions and Termination

 

On-line sales are intended for, and limited to, personal use and domestic sales only. Smartx reserves the right to limit the number of products sold, including the right to prohibit sales to re-sellers. Smartx reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without notice.

 

 

Specific Notice Regarding Software

 

Any software that is made available to download from SMARTX Services (“Software”) is copyrighted. Use of this Software is governed by the license terms that accompany or are included with such Software (“License Terms”). Please review all License Terms carefully before downloading and using the Software.

 

Payment Terms

 

By placing an order on the Site, you authorize Smartx to apply the Sales Terms and Conditions published at smartxtechnology.com.

 

 

Product Information

 

Smartx ‘s goal is to accurately describe all products offered for sale on the Site, however, the Site may contain typographical errors or other inaccuracies and may not be complete or current. In particular, representations of product colors on the Site may vary from actual product colors, largely based on the calibration of the monitor on which you view each particular image. A completely accurate determination of product color can only be made while in one of Smartx’s retail locations. Therefore, with respect to product description, pricing and availability, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Smartx apologizes for any inconvenience this may cause you and provides the following policy for returns or exchanges.

 

 

Contact Us

 

If you have any questions or comments about the Site, please contact us by email or by mail at:

 

Smartx  Technology, Inc.

111  E Monument Ave. 401-10  Kissimmee, FL 34741 

 e-mail: [email protected]