Terms of Use & Privacy Policy
TERMS OF USE AND PRIVACY POLICY
USE OF THIS WEBSITE, AND INFORMATION COLLECTED ABOUT YOU RELATED TO THIS WEBSITE, ARE SUBJECT TO THIS PRIVACY POLICY AND TERMS OF USE. USE OF THIS WEBSITE AND DISCLOSURE OF INFORMATION ABOUT YOU, CONSTITUTE ACCEPTANCE BY YOU OF THESE TERMS.
TERMS OF USE
Agreement
These Terms of Use constitute an agreement between you and Smith & Associates, Inc. (“Company”) with respect to your use of this website. You acknowledge that, in providing you access to and use of this website, Company has relied on your agreement to be legally bound by these Terms of Use. Company reserves the right to change these terms of use from time to time without notice. You are responsible for reviewing regularly information posted online to obtain timely notice of such changes. Your continued use of this site after changes are posted constitutes your acceptance of this agreement as modified by the posted changes. Company further reserves the right, at any time to make access to certain materials or services on this website conditional on you agreeing to additional terms of use.
Liability
THE VIEWS EXPRESSED ON THIS WEBSITE ARE THE VIEWS OF THE CONTRIBUTORS TO IT AND NOT NECESSARILY THE VIEWS OF COMPANY, ITS EMPLOYEES, OFFICERS OR OWNERS. WITHOUT PREJUDICE TO THE FOREGOING, COMPANY:
(I) IS NOT RESPONSIBLE FOR ANY MATERIAL INCLUDED ON THIS SITE BY ANY THIRD PARTY WHICH IS DEFAMATORY, ABUSIVE, OBSCENE, ILLEGAL OR OTHERWISE IN BREACH OF ANY PERSON’S RIGHTS;
(II) DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION AND/OR MATERIAL CONTAINED ON OR ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT USE OF THE SITE IS FREE OF RISK OF VIRUSES OR OTHER DAMAGE.
UNLESS OTHERWISE AGREED IN WRITING, COMPANY SHALL NOT BE LIABLE TO YOU FOR:
(I) ANY DIRECT LOSS; OR
(II) ANY LOSS OF PROFITS OR BUSINESS, ACTUAL OR ANTICIPATED, OR LOSS OF OR CORRUPTION OF DATA OR ANY INDIRECT LOSS OR CONSEQUENTIAL LOSS WHATSOEVER,
IN EACH CASE, WHETHER SUCH LOSS ARISES IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, OR OTHERWISE, AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.
Indemnification
You agree to defend, indemnify, and hold harmless Company, its owners, and all of their respective directors, officers, employees, successors, and assigns from and against any and all claims, losses, and expenses (including attorney’s fees and litigation expenses) relating to or arising from your use of the website and any breach by you of these Terms of Use.
Proprietary Rights
All material contained in this website is proprietary and is protected by law, including United States copyright law. Except as indicated, Company is the owner of this content. All Rights Reserved. All materials are protected by copyright and may not be republished or printed for copying or redistribution without the express written permission of Company. For questions or requests for permission, please contact Sally Smith, Smith & Associates, Inc., 5608 West 125th Street, Overland Park, Kansas 66209.
Company owns all trademarks and service marks appearing on the website. The unauthorized use or misuse of these trademarks and service marks is prohibited.
Disclaimer of Warranties
You expressly understand and agree that:
(i) your use of this website is at your sole risk. The website is provided on an “as is” and “as available” basis. Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
(ii) Company makes no warranty that:
a. The website will meet your requirements;
b. The website will be uninterrupted, timely, secure, or error-free;
c. The results that may be obtained from the use of the website will be accurate or reliable;
d. The quality of any products, services, information, or other material purchased or obtained by you through the website will meet your expectations; and
e. Any errors in the software will be corrected.
(iii) any materials downloaded or otherwise obtained through the use of this website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results form the download of any such material.
(iv) no advice or information, whether oral or written, obtained by you from Company or through or from the website shall create any warranty not expressly stated in this agreement.
Data Protection
The information and data (“personal data”) which is provided by you in connection with your use of this website will be held on the computers and manual records of, and will be used by, Company. How personal data is stored and used by Company is detailed in the Privacy Policy.
Forums and Message Boards
The views expressed on any forum or message board are those of the individual user and not those of Company. Company asks you not to post messages or e-mails which are abusive, obscene, defamatory or the content of which is otherwise undesirable, illegal or in breach of any person’s rights, and it reserves the right, in its full discretion, to remove any messages or e-mails at any time and without notice to you.
Collection of Data from Children
To the extent that Company is able to determine the age of users by their communications with the Company website, Company will not knowingly (a) collect or post information from persons under the age of sixteen (“children”) without their parent’s or guardian’s consent, or (b) provide any personally identifying information about children, regardless of its source, to any third party. If registration is required for any services on the website, and a user submits information to the website that indicates that the user is a child, Company will attempt to alert the child’s parent or guardian of the child’s registration and will provide instructions on how the parent or guardian can delete the child’s registration, if so desired. No information collected from users self-identified as children will knowingly be used for promotional purposes.
No Solicitation or Offer
This website is designed to provide general information about Company. Information on the website is not intended to constitute an offer to sell or a solicitation of any particular product or service.
Confidentiality Cannot be Guaranteed
Company does not guarantee the privacy of material transmitted to Company via this website or e-mail. If this is a concern, you should communicate with Company by mail at 5608 West 125th Street, Overland Park, Kansas 66209.
Links
This website may contain links to other websites. Such third-party sites are maintained by persons or organizations over which Company exercises no control, and Company expressly disclaims any responsibility for the content thereof.
PRIVACY POLICY
Company recognizes the importance of protecting the privacy of visitors to its website. This is a statement of Company’s privacy policy. Company reserves the right to change this policy from time to time without notice. This Privacy Policy covers Company’s treatment of personal data that Company may collect when you are on this website.
Information Collection
Anyone may access most areas of this website anonymously, but Company may request that visitors register certain personal data to request responses, access certain areas of this website or make purchases of goods or services on this website. Information requested may include, name, title, company, address, e-mail address, payment information and information about your order. Payment information is then transmitted and processed securely and is not held on Company’s server.
Information Use
Company may use information collected on this website:
• To fulfill your requests for services or information,
• To provide an interactive website where e-mail is used to communicate with you;
• To provide a security mechanism whereby Company can restrict content to certain groups of users;
• To enable the purchase and delivery of goods or services through the website’s online shop; and
• To improve this website.
Information Sharing and Disclosure
Company’s employees, officers, and authorized agents may have access to and be associated with the processing of your personal data. Company will not share your personal data with any other person or company without your consent, except as needed to:
• provide the service or information you have requested; or
• comply with, respond to or initiate subpoenas, court orders, or legal process.
Security
Company will maintain appropriate safeguards to ensure the security, integrity and privacy of your personal data. Please be aware that whenever you voluntarily disclose personal data over the Internet that this information can be collected and used by others. If you post personal data in publicly accessible online forums, you may receive unsolicited messages from other parties in return. Ultimately, you are solely responsible for maintaining the secrecy of your usernames and passwords and any account information. Please be careful and responsible whenever you are using the Internet. You should close your browser following completion of use of this website. This is to ensure that others cannot access your personal data and correspondence if you share a computer with someone else or are using a computer in a public place. You as an individual are responsible for the security of, and access to, your own computer.
Policies of Other Sites
Company is not responsible for the privacy policies of websites to which this site may link. Company is not responsible for the privacy practices of such other sites. You should read the privacy policies of each site you visit to determine what information that site may be collecting about you.
Questions
Questions should be directed to Sally Smith, Smith & Associates, Inc. at 5608 West 125th Street, Overland Park, Kansas 66209.
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