Use of this site signifies your agreement with the following terms of use. If you do not agree with any of these terms of use, please do not use this site. Smitty’s Holdings, Inc. (the “Company”) reserves the right, in its sole discretion, to modify these Terms of Use at any time and you agree to be bound by such modifications through your use of the Company’s site.
TRADEMARKS, COPYRIGHTS & RESTRICTIONS
All materials on this site, including, but not limited to, images, illustrations, audio clips, video clips (the “Materials”) are protected by copyrights which are owned or licensed by the Company. Smittysholdings.com are trademarks of the Company. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from Smittysholdings.com or any other web site owned or operated by the Company without the prior written permission of the Company. However, you may download or make one copy of the Materials, and other downloadable items displayed on the site, for personal non-commercial home use only, provided all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of the Company’s copyrights and other proprietary rights. Use of these Materials on any other web site or other networked computer environment is prohibited without prior written permission from the Company.
SUBMISSIONS
Although comments and questions are welcomed, the Company does not accept unsolicited submissions or creative ideas for its Company programs, or products. Any bulletin board postings, messages, suggestions, ideas, or concepts that are submitted shall become, and remain, the property of the Company. Furthermore, the Company is not responsible for the confidentiality of any information communicated to the Company web site. By communicating Materials to the Company’s site, you are granting the Company a royalty-free, non-exclusive, perpetual, unrestricted, worldwide license to publish, transmit, perform and display the Materials for any purpose, including, but not limited to, advertising and promotional purposes.
The Company is not responsible for any Materials posted on the Company bulletin boards or on any other forum on the site (the “Forums”). You agree not to upload, transmit, distribute or otherwise publish in these or any other Forums connected with the Company any Materials which are:
- libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy;
- an infringement of the intellectual property rights, including, but not limited to, copyrights and trademarks, of any person or entity;
- illegal in any way or which advocate illegal activity;
- an advertisement or solicitation of funds, goods, or services.
- Uploading any virus, spyware or other code that may result in damage or disabling of electronic equipment usage
The Company does not and cannot review or monitor every posting made on its web site and on the Forums, and is not responsible as such for the content of such postings. However, the Company reserves the right at all times to disclose any information necessary in its sole discretion to satisfy any law, regulation or governmental request, or to edit, refuse to post or remove any information or Materials, in whole or in part, that in the Company’s sole discretion are objectionable or in violation of these terms and conditions. Please notify the Company of a copyright infringement.
DISCLAIMERS
By using this web site and/or posting Materials, you agree to indemnify the Company, its officers, directors, employees, agents, distributors and affiliates for any and all claims, damages, losses and causes of action arising out of your breach or alleged breach of this agreement.
THE MATERIALS ON THIS SITE ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND APPEAR ON THE SITE WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY MATERIALS ON THE WEB SITE AND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you.
The Materials provided on this web site are for entertainment and promotional purposes only. Information and opinions expressed in bulletin boards or other Forums are not necessarily those of the Company. Neither the Company, nor its officers, directors, employees, agents, distributors or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on the Company’s web site.
TERMINATION
The Company may, in its sole discretion, terminate or suspend your access to all or part of the site, including, but not limited to, any bulletin boards on its site, for any reason, including without limitation, breach of this agreement. In the event this agreement is terminated, the restrictions regarding Materials appearing on the site, and the representations and warranties, indemnities, and limitations of liabilities set forth in this agreement shall survive any such termination.
JURISDICTION
This site is controlled and operated by the Company from the Company’s headquarters in Fort Lauderdale, Florida. The Company does not represent or warrant that Materials on the site are appropriate or available for use in other locations. If you choose to access this site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws.
This agreement shall be governed by and construed in accordance with the laws of the State of Florida, as it is applied to agreements entered into and performed within that State. Any action brought to enforce this agreement or matters related to the site shall be brought in either the State or Federal Courts of Florida. If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force. This contains the entire agreement between you and the Company concerning your use of the site, and the agreement shall not be modified, except in writing, signed by both parties.
FURTHER DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
A. MEMBER EXPRESSLY AGREES THAT USE OF THE FORUMS AND THIS WEB SITE ARE AT HIS OR HER SOLE RISK. NEITHER SMITTYSHOLDINGS.COM, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANTS THAT USE OF THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEB SITE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS WEB SITE OR THE FORUMS.
B. THIS WEB SITE AND THE FORUMS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY 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, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. MEMBER SPECIFICALLY ACKNOWLEDGES THAT SMITTYSHOLDING.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER THIRD PARTIES, MEMBERS, OR OTHER USERS OF THE FORUMS AND THAT THE RISK OF INJURY FROM THE FORGOING RESTS ENTIRELY WITH EACH MEMBER.
D. IN NO EVENT WILL SMITTYSHOLDINGS.COM OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THIS WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR TRADING LOSSES) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEB SITE OR OUT OF THE BREACH OF ANY WARRANTY. MEMBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS WEB SITE AND THE FORUMS.
E. SMITTYSHOLDINGS.COM NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THIS WEB SITE AND FORUMS, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE FORUMS BY ANYONE OTHER THAN AUTHORIZED SMITTYSHOLDINGS.COM EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL SMITTYSHOLDINGS.COM BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A MEMBER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THIS WEB SITE AND/OR ANY POSTING ON THE FORUMS. IT IS THE RESPONSIBILITY OF EACH MEMBER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THIS WEB SITE AND/OR THE FORUMS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE, OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE, OR OTHER CONTENT.
F. SMITTYSHOLDINGS.COM DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THIS WEB SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN MEMBER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, MEMBER SHOULD USE HIS OR HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
G. MEMBER SPECIFICALLY ACKNOWLEDGES THAT IN NO EVENT WILL SMITTYSHOLDINGS.COM, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF (i) THE USE BY SUCH MEMBER OF ANY BROWSERS OWNED OR OPERATED BY ANY PARTY AND/OR (ii) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY IN CONNECTION WITH THE SERVICE.
H. MEMBER AGREES THAT THE LIABILITY OF SMITTYSHOLDINGS.COM, ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) IN ANY WAY CONNECTED WITH THIS WEB SITE OR THE INFORMATION IN THIS WEB SITE SHALL NOT EXCEED THE AMOUNT MEMBER PAID TO SMITTYSHOLDINGS.COM, INC., FOR USE OF THIS WEB SITE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO MEMBER.
INDEMNIFICATION
Member agrees to indemnify and hold Smittysholdings.com, its parent, its employees, its officers, and its agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from Member’s use of this Web site or from Member’s violation of this Agreement or any third party’s rights including but not limited to copyright, property, and privacy rights. This indemnification and hold harmless obligation will survive this Agreement and Member’s use of this Web site.
LINKS TO THIRD-PARTY SITES
This Web site contains hyperlinks to other Web sites operated by parties other than Smittysholdings.com, and other resources and advertisers. Such hyperlinks are provided for Member’s reference only. Smittysholdings.com is not responsible for the availability of these external sites, nor is it responsible for any of the contents, advertising, products, or other materials on such external sites. Smittysholdings.com’s inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators. Under no circumstances shall Smittysholdings.com be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods, or services available on such external site. Any concerns regarding any external link should be directed to its respective site administrator or webmaster.
USE OF BULLETIN BOARDS, CHAT ROOMS, AND OTHER COMMUNICATION FORUMS
Member is solely responsible for any information Member posts in electronic bulletin boards, chat rooms, or other message or communication facilities (collectively, “Forums”) on or related to this Web site. This Web site and the Forums shall be used for lawful purposes only. No material shall be posted on or transmitted through the Forums which violates or infringes in any way upon the rights of others , which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any law. No conduct shall be undertaken that, in Smittysholdings.com’s judgment, restricts or inhibits any other user from using or enjoying the Forums. The Forums shall not be used to solicit other members to become users of competitive online information services. Advertising or commercial solicitation may be posted on or transmitted through the Forums subject to Smittysholdings.com’s express prior approval and solely in accordance with the terms and conditions imposed by Smittysholdings.com with respect thereto. If Smittysholdings.com is notified or becomes aware that a message posted on Smittysholdings.com’s Forums violates the legal rights of others or the stated guidelines for posting messages, Smittysholdings.com reserves the right to remove the message.
Member agrees not to upload, post, or otherwise make available on this Web site any material protected by copyright, trademark, or other proprietary rights, without the express permission of the owner of the copyright, trademark, or other proprietary right. The burden of determining that any material is not protected by copyright rests with Member. Member shall be solely liable for any damages resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any uploading, posting, or submission.
Member agrees not to upload files to this Web site that contain viruses, corrupted files, or other similar software or programs that may damage the operation of another person’s computers, software, Web sites, or network. Member will be solely responsible for damages arising from any claims that files posted by Member caused damage to the operation of another person’s computer, software, Web sites, or network.
Member agrees not to advertise or offer to sell any goods or services, or promote any surveys, contests, chain letters, or any commercial purpose on this Web site.
Member acknowledges that all Forums are public and not private communications. Smittysholdings.com shall have the right, but not the obligation, to monitor the content of the Forums to determine compliance with this agreement and any other operating rules established by Smittysholdings.com. Further, Member acknowledges that chats, postings, conferences, and other communications by other users are not endorsed by Smittysholdings.com, and such communications shall not be considered reviewed, screened, or approved by Smittysholdings.com. Smittysholdings.com reserves the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on the Forums. Without limiting the foregoing, Smittysholdings.com shall have the right to remove any material or contents of the Forums received from users, including without limitation bulletin board postings, that Smittysholdings.com, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable, or stale. Furthermore, Smittysholdings.com reserves the right, in its sole discretion, to deny any Member’s access to this Web site or any portion thereof, without notice.
COPYRIGHT AND LIMITATIONS ON USE
The information available through this Web site is the property of Smittysholdings.com or its licensors and is protected by copyright and other applicable laws, treaties, and conventions. All rights reserved. Information received through this Web site may be displayed, reformatted, and printed for Member’s personal, non-commercial use only. Member agrees not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the information received through this Web site to anyone, including but not limited to others in the same company or organization, without the express prior written consent of Smittysholdings.com.
Smittysholdings.com reserves the right to republish the material contributed by our readers. By posting a message, Member expressly grants to Smittysholdings.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any message posted in the Forums (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
Certain names, logos, and/or phrases on these pages may constitute trademarks and/or copyrights of Smittysholdings.com or its clients. The mark “Smittysholdings.com” and the contents of this Web site are the sole property of Smittysholdings.com, Inc. Reproduction in whole or in part is strictly prohibited without explicit written permission from Smittysholdings.com.
MODIFICATION OF THESE TERMS AND CONDITIONS
Smittysholdings.com shall have the right at any time to impose, change, or modify the terms and conditions applicable to Member’s use of this Web site, or any part thereof, including, but not limited to, content, hours of availability, and equipment needed to access or use, and/or Member’s use of the Forums or any part thereof, or to impose new terms and conditions. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Web site and/or the Forums a revised version of this Agreement, and notification by electronic or conventional mail. If any such change is unacceptable to Member, Member may terminate his or her membership account as provided in the section below. Any use of this Web site and/or any use of the Forums by Member after such notice (other than to terminate Member’s subscription pursuant to the section below) shall conclusively be deemed to constitute acceptance by Member of such changes, modifications, additions, or deletions. Member agrees to review the terms and conditions periodically to be aware of such revisions. Member may also be subject to additional terms and conditions imposed by third-party content providers in connection with third-party content, software, or services.
EQUIPMENT
Each Member shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Web site, and Forums, and Member shall be responsible for all charges related thereto.
PRIVACY
Personal data provided by visitors to Smittysholdings.com will be used only in connection with services provided on this Web site and will not be given to others. While Smittysholdings.com will seek to require third-party content providers and other parties to adhere to Smittysholdings.com’s privacy policies, Smittysholdings.com does not bear any responsibility for any actions or policies of such third parties. Member should be aware that when Member voluntarily discloses personal information (e.g., username, email address) in the Forums, that information can be collected and used by others and may result in unsolicited messages from other posters or parties.
MISCELLANEOUS
This Agreement and any operating rules for this Web site and the Forums established by Smittysholdings.com constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.