Terms of Service

SMARTECH provides this web site for the convenience of persons interested in the products and services offered by SMARTECH. By using this site, you agree to the provisions of these Terms of Service. You may print out a copy of these terms for your records if you wish. These terms of service may be changed by SMARTECH from time to time in the manner indicated below.

Right to Change Terms of Service

SMARTECH reserves the right to change these terms of service. Such change will be effective upon posting on this web site, except that no such change will apply to any purchase already made or consulting services already contracted at the time of such change in terms.

Web Site and Page Copyright

Except as otherwise specifically disclosed, SMARTECH owns the Copyright on all of the information, graphics, arrangements of information and content on the various pages of this web site. Such information, graphics, arrangements and content are subject to applicable copyright laws. The software used in connection with the site is owned either by SMARTECH or its software suppliers and is subject to protection under applicable copyright laws and may be subject to protection under other laws protecting intellectual property.

Content Copyright

Except as otherwise specifically disclosed, either in the materials to be sold or on this web site, SMARTECH owns the Copyright on all of the various studies and other materials offered for sale. Such materials are protected by applicable copyright laws. Depending upon the purchase being made, what is considered to be “fair use” will vary. SMARTECH’s allowances for “fair use” of purchased materials are specifically described with respect to each item purchased, and such description is a part of the contract between you and SMARTECH which becomes effective upon making a purchase. The specific terms of the “fair use” applicable to any purchased item may be printed by you at the time of the purchase of the item.

Use of Purchased Report

The Purchaser of this report agrees to restrict its usage of it according to the provisions of the following license agreement. Should the company wish to upgrade the User License, please contact the publisher. The report is copyright protected and as such, any unauthorized copying, electronically or mechanically, or distribution is prohibited by U.S. and international law. Federal copyright law (Title 17 of the U.S. Code) makes it illegal to reproduce part or all of SMARTECH, Inc.’s publications without written permission.

SMARTECH recognizes that you will want to make “fair use” of the reports purchased from SMARTECH, as such is permitted by applicable copyright law and by your agreement at the time of purchase. Since it may be difficult to determine “fair use” with respect to electronic copies, SMARTECH has stated purchase prices and use allowances depending upon the number of persons you wish to have regular access to any specific report. The number of persons having access is determined by the number of computers from which the material may be accessed. Therefore, if you purchase a report for access by up to five persons, then the report can be accessed only from five computers. No report may be posted on a company web site, and no portions of a report may be cut from the report and distributed to other computers, unless you purchase an “Enterprise Version.” Of course, no material may be excerpted and used as your own work except as permitted by applicable copyright laws. Paraphrasing of materials and specific quotations may be used in connection with internal reports with appropriate attribution, as would be the case with written materials.

For Bound Versions:

Use can be made of any bound copy purchased as permitted by applicable copyright laws.

For Single User Versions:

By purchasing a Single Version of this report, you agree that the version will be resident on and accessible from 1 computers. You agree that the report will not be posted on a company web site, and that no portions of the report will be cut from the report and distributed to other computers. You also agree that you will pay to SMARTECH any difference which may be due if you decide to make the version more widely accessible. Paraphrasing of portions of the report and use of specific quotations from the report is subject to applicable copyright laws.

For Group Versions:

By purchasing a Group Version of this report, you agree either (i) that the version will be resident on and accessible by no more than five computers, or (ii) that the version will be resident on and accessible at only no more than ten computers. You agree that the report will not be posted on a company web site, and that no portions of the report will be cut from the report and distributed to other computers. You also agree that you will pay to SMARTECH any difference which may be due if you decide to make the version more widely accessible. Paraphrasing of portions of the report and use of specific quotations from the report is subject to applicable copyright laws.

For Enterprise Versions:

By purchasing an Enterprise Version of this report, you agree that the version will be resident on one of your computers or your intranet site and accessible only by employees who have proper access to such computers or site. You agree that no portions of the report will be cut from the report and distributed to other computers. Paraphrasing of portions of the report and use of specific quotations from the report is subject to applicable copyright laws.

This license is non-transferable. Purchaser agrees to limit its usage to employees of its company or approved on-site contractors. Under no circumstances may the report be shared with outside entities including suppliers, customers, partners, investors or firms that would be deemed competitive to SMARTECH This license is also not transferable in the event of a sale of the purchaser or its assets.

Risk of Loss

Any product ordered for shipment is sent by carrier contract. Risk of loss with respect to any such product passes to you at the time of delivery to the carrier.

Account Information

It is up to you to maintain the privacy of your account information on your computer and in your personal records. The company providing web hosting services to SMARTECH uses secure transmission and retention procedures to maintain reasonable security of information provided through this web site. In addition, account information with SMARTECH is maintained as confidential to the extent possible with respect to its business needs.

Privacy Policy

SMARTECH accumulates only such information about you as is needed for the purpose of maintaining an account relationship. Where ordering or shipment is permitted by download without payment at the time, then SMARTECH will accumulate such credit information as it deems to be reasonable for its protection. SMARTECH will make such inquiries as it deems appropriate to verify any such information. By registering to purchase products on credit, you authorize SMARTECH to verify all such information.

SMARTECH does not sell or provide any customer information or account information to other parties except as may be necessary or appropriate: (i) to complete a transaction, such as by transmitting credit card or similar information to a card processing service and by providing necessary information to a shipper; (ii) to protect the rights of SMARTECH; (iii) to comply with applicable laws, regulations and court orders; and (iv) to permit processing of the various books and records of SMARTECH. Customer information is strictly for SMARTECH’s own use and the customer’s benefit.

In order for SMARTECH’s web site to identify you properly as a customer, identifying information about you and your account may be placed on your computer.

Information transmitted to SMARTECH is transmitted by secure encryption in order to protect your information to the extent reasonably possible. Such information is also maintained by SMARTECH in secure fashion to limit access by unauthorized persons.

Governing Law

These terms of service are governed by the laws of the Commonwealth of Virginia. If any provision of these terms of service is determined to be unenforceable, such will not affect the other provisions of these terms of service.

Dispute Resolution

In the event that there is any claim made by you or SMARTECH with respect to these terms of service, including any claim as to the enforceability of any provision of these terms of service, or any products or services purchased from SMARTECH through this web site, such dispute will be determined by arbitration conducted according to the procedures of the American Arbitration Association by a single arbitrator chosen by SMARTECH and agreeable to you. The arbitration will be held in Charlottesville, Virginia, or Albemarle County, Virginia, and any action to enforce any decision of an arbitrator or concerning any use of this web site or the terms for use of this web site will be brought in a court of competent jurisdiction in Charlottesville, Virginia, or Albemarle County, Virginia. This arbitration provision will not require SMARTECH to submit to arbitration any claim for infringement of copyright, trademarks or other intellectual property rights, with respect to which the right to invoke applicable statutory enforcement provisions is retained. In addition to any other relief which may be properly awarded, the party substantially prevailing on the merits with respect to any such claim will be entitled to be awarded reasonable attorney’s fees and costs.

Returns:

All sales are final

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