Terms of Website Use

Welcome to the website of Something Smart (“The Site”). The Site is owned and operated by Something Smart.

You (the person visiting and/or using the Site) convey your consent/assent/acquiescence to these Terms of Use. Your use of this Site is expressly conditioned upon your acceptance of the following Terms of Use. If you do not agree to these Terms of Use, you are not authorized to use the Site or download any material from the Site. In addition, when using particular features and services on the Site, you will be subject to additional guidelines and rules applicable to such features and services, whether incorporated herein by reference or not.

Table of contents

1 Purpose of the Site

2 General Content

3 Copyright and Ownership of materials

4 Disclaimer of Warranties and Liability

5 Limitation of Liability

6 Amendment of the Terms

7 Privacy Policy

8 Applicable Law

9 Termination

1. Purpose of the Site

  • To promote the products of Something Smart to businesses as follows but not limited to:

    • Standard and custom website design
    • Custom e-commerce sites (shopping carts)
    • Search engine optimization (SEO)
    • Search engine marketing (SEM)
    • Offline marketing collateral and deliverables including:
      • Business cards
      • Sales brochures
      • Flyers
      • Car door magnets
      • Branded letterhead and envelopes
      • Lawn signs
      • Thank you cards
      • And more
    • Payment card industry (PCI) compliance consulting and training
    • Graphic arts, logos and branding
    • Managed site hosting
    • Content copy writing and strategies
    • Content evaluation for SEO
  • To provide training to Something Smart clients.

  • To allow Something Smart clients to make payments securely online.

The content on this website including the products/services offered are provided in good faith, without any prejudice to any person, culture, or nationality and with no intention to create any disharmony, antagonism, hatred or ill-will between any factions of society.

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2. General Content

  • Modification of the Site and the Services: We reserve the right, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site. We may also impose limits on certain features of the Site or restrict your access to part of or the entire Site without notice.

  • Content errors: This Web site may contain typographical errors or inaccuracies and may not be complete or updated. Something Smart therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

  • User Generated Content: In these Terms of Use, “Your User Content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose. Unless otherwise specifically mentioned by Something Smart, you agree to grant to us a worldwide, irrevocable, non-Exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights. 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 us or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon the Site.

Purchases: Please do familiarize yourself with the Something Smart Payment Terms.

3. Copyright and ownership of materials

© Something Smart 2012, All rights are reserved for Something Smart.

Something Smart is, unless otherwise stated, the owner and possessor of all copyright, trademark, logos and all other intellectual property rights on the Site and the contents thereof.
Any form of reproduction of the Site or any part thereof by the user, viewer or third party unless specifically authorized by Something Smart is prohibited.

Something Smart allows the reproduction of the content from the Site subject to the Clause 1 - Purpose of the Site and is subject to any other Terms and Conditions specified on this Site. All logos, brands, marks, headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing on this Site, except as otherwise noted, are intellectual properties either owned, or used under license, by Something Smart and / or its associate entities who feature on this website.

Reproduction of any part or all of the contents in any form is prohibited, however Something Smart will have no objection to reproduction in the following manner and no other.

  • License to copy for personal use:

  • You may make electronic copies of or take print of any part of the data on the Site as is reasonable, in the opinion of Something Smart, for bona fide private use.

  • License to recopy (reproduce) for limited purposes:

  • You may recopy the material for individual third parties for their personal information only, but only if:
  • You acknowledge the web pages of the Site as the source of the material. You must include such acknowledgement along with the top-level URL from the Site (https://www.somethingsmsart.com/) in the copy of the material; and

  • You inform the third party person that these terms of use apply him and that he must comply with them. Provided that you shall be liable for the acts of such third parties in case of default of the above conditions.

Also:

  • No content from the Site shall be copied or distributed for any commercial purpose. You shall not reproduce such content from the Site for any form of communication to the public for commercial purposes without prior written permission of Something Smart. Please contact our editorial team through the "Contact" page we have provided. To better meet your requirements, do provide us with a clear understanding of how the content is proposed to be used (specific content for which permission is sought, type of media to be communicated through, type of publication, purpose, date(s), etc.).

  • No part of the website shall be recopied to slander, defame or demean Something Smart. This also includes any insinuations with regards to reproduced content that demeans or lowers the value of the content of the website.

  • Pictures and videos obtained from the Site shall not be added to any stock photo/video collection. Copyright and credit must be attributed to Something Smart, when applicable, each time an image/video is used after prior written permission from Something Smart.

Data-mining: You may not without our prior written permission use any computer code, data mining software, "robot", "bot", "spider", "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Site or accessed through this Site.

Use of Email Addresses: Individual or organizational email addresses listed on this site are for the personal use of individuals seeking to contact the listed person concerning Something Smart activities. The email addresses may not be used for any other commercial or non-commercial purpose.

Mass downloading: You shall not engage in the mass downloading of files from this Site without obtaining prior written permission from Something Smart through our "Contact" page; use the computer processing power of this Site for purposes other than those permitted above; or flood this Site with electronic traffic designed to slow or stop its operation.

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4. Disclaimer of Warranties and Liability

The Site, and any content and materials available through the Site, are provided in good faith. Having said this:

  • All content is provided "as is" and without warranties of any kind, either express or implied.

  • All users shall rely upon any content on the Site, at his own risk, and without any liability upon us as to costs and consequences thereof.

  • Something Smart does not warrant that the functions contained in any content or any user generated content or your access to the Site will be uninterrupted or error-free, that any defects will be corrected or that the Site or the server which stores and transmits the content to you are free of viruses or any other harmful components.

  • Something Smart does not warrant or make any representation regarding your access to, or the results of your access to, the Site (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

  • You (and not Something Smart) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant content.

  • To the fullest extent permitted by law, we disclaim all warranties, expressed or implied, including but not limited to the information provided on the website.

External Links
We may provide links to other websites from time to time. These links are provided for your convenience. We do not endorse or take responsibility for the content on such websites, and are not responsible for their availability, and shall not be liable in any way for any loss or damage which may be caused to you by using those websites. If you decide to access these linked websites you may do so at your own risk and responsibility as to the costs and consequences thereof.

5. Limitation of Liability

Under no circumstances, including, but not limited to, negligence, Something Smart nor any subsidiary thereof or affiliated organizations be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Something Smart materials and website.

To the fullest extent permitted by law, the sole remedy for any claim for damages arising out of or related to any product or service listed on or through the Site shall be limited to a refund of the purchase price paid for such product or service. Under no circumstances shall we or any of our associated partners, or any of our or their respective officers, directors, employees, agents or representatives (including volunteers), or any other party involved in creating, producing, transmitting or distributing the Site or any product sold or any services offered through the Site, or any part thereof, be liable for any general, punitive, exemplary, consequential, incidental, indirect or special damages whatsoever arising from or in connection with the Site or any content, products or services made available or listed on it, whether for breach of contract, negligence, strict liability or otherwise.

Without prejudice to the rights and contentions of Something Smart, some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you. In the event the foregoing limitation of liability is held to be unenforceable for any reason, then our maximum liability for any of the foregoing types of damages shall be limited to the amount that we receive for the transaction that gave rise to the claim.

You specifically acknowledge and agree that the Something Smart is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied, hurt, aggrieved or insulted with any Something Smart material, or with any of the Site’s Terms and Conditions, your sole and exclusive remedy is to discontinue using the Site.

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6. Amendment of the Terms

We reserve the right to amend these Terms of use and any related (or incorporated) Terms and Conditions given on this website from time to time without notice to you. If we decide to change these Terms & Conditions we will post those changes here. We encourage you to visit this section of our Site regularly in order to remain informed of any changes. Any such amendment shall be effective with effect from the date the revised terms have been posted on the Site.

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7. Privacy Policy

We encourage you to read our Privacy Policy, which is incorporated by reference into these Terms of Use. By using the Site, you agree to the Privacy Policy.

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8. Applicable Law

These Terms of Use are governed by and will be construed in accordance with the laws of United States of America and the State of Texas. Any disputes arising under or in connection with these Terms & Conditions, or your access or use of the Site shall be subject to the exclusive jurisdiction of the State and federal courts located in the State of Texas.

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9. Termination

This agreement is effective until terminated by the Something Smart at any time by notice on this web page.

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