Terms of usage for Smithengine.com
All editorial content and graphics on this site are protected by U.S. copyright and international treaties and may not be copied without the express permission of smithengine.com or its respective content partners. Unauthorized use of any of our editorial content and graphics for any commercial or online purpose is strictly prohibited. Any copying, use or adaptation of the content, source code or HTML that is part of this site is strictly forbidden and covered by our copyright.
smithengine.com Trademarks
Among the trademarks and service marks owned by smithengine.com include (but are not limited to) the following: smithengine.com AND/OR Clients or friends, and its respective logos. The "look" and "feel" of all smithengine.com owned and operated sites are trademarked by smithengine.com.
Downloading Software
You can download software provided by smithengine.com and its subsidiaries, but smithengine.com is in no way responsible for this software or how your usage of such software affects you and/or your computer. Use of any software or content from our site is done at your own risk. If you plan to download any software, please be sure to read the copyright and licensing information first, and verify that its software and hardware requirements match your computer system. smithengine.com Terms of Service Agreement smithengine.com (the "Service") is a free computer online service provided by smithengine.com. It is accessible to you through a personal computer, or other access device, at www.smithengine.com.com or through other domain names registered to smithengine.com, using a communications connection (e.g., modem and telephone line). smithengine.com provides information, editorial content, links to other Web sites and other computer services that we may decide to offer, subject to the terms hereof. Upon notice published through the Service or otherwise, we may modify this Agreement at any time. By accessing this site, you agree and continue to agree to use the Service in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out below. ANY DISPUTES ARISING FROM ANY SITE OWNED OR OPERATED BY smithengine.com WILL BE SUBJECT TO THE LAWS, COURTS AND JURISDICTION OF NEW YORK CITY, NY.
1. General Terms: By using the Service, you agree to be legally bound to and abide by the Terms of this Service.
smithengine.com may, at its sole discretion and without prior notice or liability discontinue or alter any aspect of the Service, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Service for certain platforms (i.e., computer types and operating systems), (iii) restricting the amount of use permitted, and (iv) restricting or terminating any User's right to use the Service.
You acknowledge that the Service contains information, software, photos, video, graphics, music, sounds or 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 smithengine.com owns a copyright and/or license in the selection, coordination, arrangement and enhancement of such Content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part. You may not upload, post, reproduce or distribute Content protected by copyright, or other proprietary right, without obtaining permission of the copyright owner. smithengine.com and all sites owned and operated by smithengine.com and their related logos are trademarks of smithengine.com. All other trademarks appearing on the Service are trademarks of their respective owners.
2. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY: YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY SMITHENGINE.COM SOFTWARE, PRODUCT OR SERVICE LICENSED TO YOU AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, SMITHENGINE.COM DISCLAIMS ANY AND ALL WARRANTIES,INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT SMITHENGINE.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER SMITHENGINE.COM NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.
You agree to indemnify and hold smithengine.com, its subsidiaries, partners, agents, affiliates and content partners harmless from any dispute which may arise from a breach of terms of this Agreement. You agree to hold smithengine.com harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Customer's violation of this Agreement, including the Terms of Service or any Content placed on the Service by you.
3. Miscellaneous: This Agreement shall be construed and controlled by the laws of the State of New York. Further, any dispute arising from the terms of this Agreement or a breach of this Agreement will be governed by the laws of the State of New York. This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between smithengine.com representatives and you. We may amend or modify this Agreement or impose new conditions at any time upon notice from smithengine.com to Customer as published through the Service. Any use of the Service by you after such notice shall be deemed to constitute acceptance by you of such amendments, modifications or new conditions.
If you have any questions about the terms of usage of this site, the practices of this site, or your dealings with this Web site, you can contact the webmaster at info@smithengine.com