User Agreement SMARTTRACK® Websites, Software, & Applications
Copyright and Trademarks on the Site and all materials included therein, including the Site’s design, layout, and organization are owned by SMARTTRACK® and all rights are reserved. You agree to abide by all copyright notices and restrictions contained on the Site. You may not copy, distribute, enter into a database, display, perform, create derivative works, transmit, or otherwise use any materials from the Site. All information on the Site is for your personal use only and constitutes SMARTTRACK®’s valuable trade secrets and proprietary information. Commercial use of any sort is strictly prohibited. Whether or not registered, all trademarks on the Site are owned by SMARTTRACK®. You may not use SMARTTRACK® trademarks (a) in connection with any product or service, not for the benefit of SMARTTRACK®, (b) in any manner likely to cause confusion amongst users about the source, sponsor, or endorser of the product or service, (c) in any manner that disparages or discredits SMARTTRACK®.
User Accounts: Upon completing the registration process, you will have provided an account identifier (your email address). You are responsible for maintaining the confidentiality of the password and account identifier. You are fully responsible for all activities that occur under your password and account identifier. You agree to immediately notify SMARTTRACK® of any unauthorized use or your account or password, or any other breach of security. You agree that you will properly exit (logout) from your account at the end of each session.
Termination of Account: You agree that SMARTTRACK® may, without prior notice, and with or without cause, terminate your account and access to SMARTTRACK® websites, software, and applications. Cause for such termination shall include but are not limited to (a) breach or violation of this User Agreement or other SMARTTRACK® Agreements or guidelines, (b) any failure by you to pay SMARTTRACK® any amounts due, as applicable, (c) providing SMARTTRACK® with false or misleading information, (d) interference with other Users of the Site or the administration of SMARTTRACK® services, (e) request by law enforcement or other government agency, (g) discontinuance or material modification of the Site, (h) unexpected technical or security issues or problems, and (i) extended period of inactivity as defined by SMARTTRACK®.
Use of Information: The content, reports, videos, data, and other information available through this Site are for your non-commercial, personal use only, and may not be copied, transferred, sold, distributed, or otherwise disseminated without the express prior written consent of SMARTTRACK®. All contents of this Site are the proprietary information, intellectual property and valuable asset of SMARTTRACK®, which owns the title and all other rights associated. Any rights not expressly granted in this Agreement are reserved by SMARTTRACK®
Use Restrictions: You may not use the Site in order to transmit, distribute, store or destroy any material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret, or intellectual property rights of SMARTTRACK® or others, (c) in a manner that will violate the privacy, publicity, or personal rights of others, or (d) in a manner that is defamatory, obscene, threatening, abusive, hateful, or otherwise objectionable, at the sole discretion of SMARTTRACK®.
Without limitation, SMARTTRACK® specifically prohibits the use of the Site for the purposes of distributing or otherwise publishing, any material containing solicitation of funds, promotion, advertising, or solicitation of goods or services; deleting, revising editing or posting any material; copying, mimicking, or otherwise utilizing SMARTTRACK® information or likeness in any way that is not for the benefit SMARTTRACK® or could be construed to be in competition with SMARTTRACK®.
You agree not to allow others to use your account, and understand that you may not share any SMARTTRACK® data or information contained in your account, even if you have paid for it. Further, you may not copy, save, repeat, mimic, make available, or disclose any data or other information found on the Site.
Security: You may not violate or attempt to violate the security of the Site or use the Site to violate the security of any other systems or websites by any method, including but not limited to (a) accessing data not intended for you, (b) logging into a server or account that you are not authorized to access, (c) attempting to probe, scan, or test the vulnerability of the Site, network, or system, or to breach security or authentication measures, (d) attempting to interfere with service to any user of the Site, (e) sending unsolicited email, including promotions or advertising of products or services. Violations of Site, system, or network security may result in civil or criminal liability. SMARTTRACK® may investigate violations of this User Agreement and may involve and/or cooperate with law enforcement authorities in prosecuting users involved in such violations.
Links, Frames, & Meta Tags: Except with the express written permission, you may not under any circumstances link to any page in the Site, frame the content of the Site, or use metatags or any other ‘hidden text’ that incorporates SMARTTRACK® trademarks.
This Site may include links to other internet sites created and maintained by SMARTTRACK®, its suppliers, vendors, affiliates, or subscribers. SMARTTRACK® does not control, makes no guarantees about, and disclaims any express or implied representations or warranties about the accuracy, relevance, completeness, timeliness, or appropriateness for any particular purpose of the information or resources contained within these or any other internet sites. Further, the inclusion of such links is merely for your convenience, and is not intended to, and does not reflect SMARTTRACK®’s opinion regarding the accuracy or the importance of such other sites. SMARTTRACK® does not endorse, in any manner, any of the views expressed in, or the products or services offered by these other sites. All information in this Site or any other associated or linked site is extracted, read, used, or relied upon at your own risk.
No Warranties & Limitation of Liability: This site and the information, data, graphics, videos, audio tracks, blog posts, documents, and all other elements are provided on an ‘as is’ basis with all faults and without any warranty of any kind. Your use of the Site is at your own risk. SMARTTRACK® disclaims all warranties and conditions with regard to the contents, including but without limitation all implied warranties and conditions of merchantability, fitness for any particular purpose, title, and non-infringement. SMARTTRACK® further disclaims any warranty that (a) the services will be uninterrupted or error-free, (b) that defects will be corrected, (c) that the Site contains no viruses or other harmful components, (d) that the security methods employed by SMARTTRACK® will be sufficient, and (e) that the components are accurate, correct, or reliable. Except as may be expressly stated on this Site, neither SMARTTRACK® nor its officers, directors, shareholders, employees, guest experts, or other authorized representatives shall be liable for any damages arising out of or in connection with the use or performance of this Site or its contents. This is a comprehensive limitation of liability that applies to any and all damages of any kind, including but without limitation, compensatory, direct, indirect, consequential damages, or punitive, loss of data, income or profit, loss of or damage to property, and claims of third parties. In the unlikely event that a dispute arises concerning the products, services, information, or advice as provided by SMARTTRACK® or its authorized representatives, you can recover from SMARTTRACK® only direct damages up to the amount equal to the fees you paid SMARTTRACK®. In no event shall SMARTTRACK® be liable or otherwise responsible to you or any other party for any direct, indirect, exemplary, special, incidental, consequential, or punitive damages caused by, arising out of, or otherwise relating to the information, advice, products and/or services provided by SMARTTRACK® or its authorized representatives. Nor oral or written advice, representations, or information provided by SMARTTRACK® or its authorized representatives shall create any warranty or modify this warranty disclaimer.
The contents of the Site could include technical inaccuracies or typographical errors. Changes are periodically made to the contents. SMARTTRACK® reserves the right to make improvements, deletions, changes, and other modifications to the Site, the contents, and the products and software at any time and without notice.
Suspension of Service: SMARTTRACK® reserves the right, at its sole discretion and without notice, to suspend access to the site at any time for the purpose of upgrading, redesigning, repairing, or otherwise maintaining the Site.
Termination: SMARTTRACK® reserves the right, and at its sole discretion, to suspend your use of the Site if it is determined that you have violated one or more of the terms of this User Agreement. SMARTRACK® reserves the right to suspend, restrict, in whole or in part, your access to the Site, and/or to terminate this User Agreement without notice and for any reason. The Disclaimer & Limitation of Liability, and Governing Law sections of this Agreement shall survive any such termination.
Governing Law: This User Agreement will be governed by the laws of the State of California applicable to contracts made and performed, without regard to any conflicts of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts in the State of California and waive any jurisdictional, venue, or inconvenient forum objections to any court. Any legal action with respect to any transaction must be commenced within one year after the cause of action has arisen.
SMARTTRACK® makes no claim that the Site may be lawfully viewed, downloaded, or otherwise used outside of the United States. Access to and the use of the Site may not be legal by certain persons or in certain countries. If you access and use the Site from outside of the United States, you do so at your own risk and are fully responsible for compliance with the laws of all competent jurisdictions.
Severability: In the event that any of this User Agreement be found to be invalid, illegal, or otherwise unenforceable by any court having competent jurisdiction, that invalidity shall not affect the validity of the remaining portions of this Agreement, which will remain in full force and effect. No waiver of any term by SMARTTRACK® will be deemed a further or continuing waiver of such provision or any other provision.
Assignment: SMARTTRACK® may assign or otherwise transfer its rights and obligations to you, in whole or in part, at any time and without notice. You may not assign this Agreement or transfer any rights hereunder without the prior written consent of SMARTTRACK®
No Third-Party Beneficiaries: This Agreement and the products and services provided by SMARTTRACK® and its representatives are solely for your benefit and not for the benefit of any other person or third-party beneficiary.
Waiver: The waiver of any of the terms or provisions of this Agreement in any one or more instances shall not be deemed a permanent waiver thereof or a waiver of this entire Agreement. No waiver shall be effective unless signed in writing by an Officer of SMARTTRACK®.
Hold Harmless: You agree to indemnify, defend, and hold harmless SMARTTRACK®, its officers, employees, contractors, agents, affiliates, suppliers, and vendors from any liability, loss, claim, and expense, including but not limited to reasonable attorneys’ fees, relating to your violation of this Agreement, or use of this Site in any manner. Your use of this Site shall constitute your acceptance of the terms of this Agreement, as revised and modified, if applicable, each and every time you access the Site.
The information contained herein is not intended to provide any legal, tax, financial planning, investment, or other professional advice or service. Users of the Site, those who have attended a webinar or workshop, and/or have a meeting with a SMARTTRACK® Advisor are encouraged to speak with their personal accountant, attorney, or other financial professional regarding their specific financial situation.
Nothing herein should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security or investment strategy. SMARTTRACK® may recommend certain financial products or services, or provide a referral to certain licensed financial professionals, for which SMARTTRACK® may be compensated. Such professionals are acting in their capacities as licensed representatives of the company issuing any financial product, and not SMARTTRACK®. You should feel free to consult with an appropriate tax, legal, or investment professional before taking any action regarding the recommendations made by SMARTTRACK® or a SMARTTRACK® Advisor. You alone are solely responsible for determining whether any financial product or service is suitable for you, based upon your particular circumstances. Without limiting the foregoing, no product or service offered or described on this Site, nor any analysis or commentary provided in conjunction with the foregoing shall be deemed to constitute (a) investment advice under applicable state or federal law, including but not limited to the Investment Advisers Act of 1940; or (b) any sort of transaction in securities for the account of others, including but not limited to any solicitation, negotiation, or execution of the transaction. Neither SMARTTRACK® nor any SMARTTRACK® representatives, sub-licensees, or assigns shall be responsible for any investment decisions or third-party damages or losses resulting from the use of such product(s) or service(s), or any information provided in conjunction with same. Further, you understand and agree that SMARTTRACK® and SMARTTRACK® Advisors may not be (a) an “investment adviser” as such term is defined in the federal Investment Advisers Act of 1940, or (b) a “broker”, or (c) a “dealer”, as such terms are defined under the federal Securities Exchange Act of 1934. SMARTTRACK® and its representatives do not hold themselves out in any communications as an investment adviser, broker, or dealer, unless applicable.
Questions: Should you have any questions regarding SMARTTRACK®’s User Agreement, please contact us at 888-831-1077 or firstname.lastname@example.org.
Headings: The captions and headings in this Agreement are inserted only as a matter of convenience and for reference, and in no way define the scope or content of this Agreement, or the construction of any provision hereof, or of any document or instrument hereinto referred.