Terms and Conditions of Use
Welcome to SMA America LLC. To ensure a safe, non-offensive environment for all of our users, we have established our Terms and Conditions of Use. It spells out what you can expect from us and what we expect from you. By utilizing the website of the SMA America LLC, users ("Users") agree to be legally bound and to abide by the terms set forth below. Any references herein to sma.4myrebate.com shall be deemed to refer to sma.4myrebate.com as applicable under the circumstances.
I. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of sma.4myrebate.com is at User's sole risk. Neither the SMA America LLC, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, "Providers"), or the like, warrant that sma.4myrebate.com will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of sma.4myrebate.com, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through sma.4myrebate.com.
THIS SITE IS PROVIDED BY THE SMA America LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SMA America LLCMAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SMA America LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SMA America LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY THE SMA America LLC NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstances shall the SMA America LLC or any other party involved in creating, producing, or distributing sma.4myrebate.com be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use sma.4myrebate.com, including but not limited to reliance by a User on any information obtained from sma.4myrebate.com or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the SMA America LLC’s records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through sma.4myrebate.com. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
a. PROPRIETARY RIGHTS
User acknowledges that sma.4myrebate.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and 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 the SMA America LLC owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software. All documents submitted becomes property of the SMA America LLC.
b. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth in Section III a. above, User may upload to or otherwise distribute on sma.4myrebate.com only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither the SMA America LLC, nor its affiliates, nor any of their officers, directors, employees, agents, Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to the SMA America LLC. By submitting Content to any User-submit areas, including, without limitation, any User comments, User automatically grants, or warrants that the owner of such Content has expressly granted the SMA America LLC the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed on sma.4myrebate.com retains any and all rights that may exist in such Content.
c. THIRD-PARTY CONTENT
The SMA America LLC is a distributor of and not a publisher of Content supplied by third parties and Users. The SMA America LLC has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of sma.4myrebate.com, are those of the respective authors or distributors and not of the SMA America LLC or its affiliates or any of their officers, directors, employees, or agents. Neither the SMA America LLC nor its affiliates, nor any of their officers, directors, employees, or agents, nor any third party, including any Provider, or any other User of the SMA America LLC, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through sma.4myrebate.com represents the opinions and judgments of the respective Provider, or User not under contract with the SMA America LLC. The SMA America LLC neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on sma.4myrebate.com by anyone other than authorized the SMA America LLC employees. Under no circumstances shall the SMA America LLC, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User's reliance on information obtained through sma.4myrebate.com. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through sma.4myrebate.com.
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from sma.4myrebate.com to either a foreign national or a foreign destination in violation of such laws.
III. ONLINE CONDUCT
User agrees to use sma.4myrebate.com only for lawful purposes. User is prohibited from posting on or transmitting through sma.4myrebate.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. If the SMA America LLC is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User (e.g., through a posting on a User bulletin board), the SMA America LLC may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from sma.4myrebate.com. The SMA America LLC may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate sma.4myrebate.com; or (iii) to protect the rights or property of the SMA America LLC, its Users or Providers. The SMA America LLC reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, sma.4myrebate.com, the communities that make up the SMA America LLC, or any rights of the SMA America LLC or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither the SMA America LLC nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither the SMA America LLC, nor its affiliates, nor any of their officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on the SMA America LLC.
V. TERMINATION OF USAGE
The SMA America LLC may terminate User's access, or suspend any User's access to all or part of sma.4myrebate.com, without notice, for any conduct that the SMA America LLC, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or the SMA America LLC.
VI. APPLICABLE LAW
This site is created and controlled by the SMA America LLC in the State of Florida. As such, the laws of the State of Florida will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. The SMA America LLC reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Florida and of the United States of America located in the State of Florida for any litigation arising out of or relating to use of or purchase made through sma.4myrebate.com (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Florida Courts and agrees not to plead or claim in any Florida Court that such litigation brought therein has been brought in an inconvenient forum.