Smart Updates provides its service
to you ("you", "the
client"),
solely subject to the condition that you accept the following Terms of Service
("TOS"), which may be updated by us from time to time with notice to you via
the maintenance messaging center. You can review the latest version of the
TOS at any time at:
http://www.SmartUpdates.NET/resources/terms.cfm
By using Smart Updates services
you agree to the following terms. Please
read them carefully.
All links to this page terms.cfm, are considered a part of the TERMS OF SERVICE.
Should you have any questions, concerns or comments, please use our contact form. All correspondance receives a response within 3 business days - maximum.
Smart Updates provides high-quality
web site maintenance services at affordable prices.
We are firmly committed to client satisfaction.
Smart Updates is under no legal obligation
to refund the price of any service performed. Smart
Updates, its editors, and its employees will not
be held liable for damages of any kind. We do offer
refunds whenever possible to ensure client satisfaction.
A description of our Refund
Policy is provided.
Smart Updates is committed to client
service. If you are not satisfied with your service,
please complete our contact form and
we will do our best to remedy the situation. Smart
Updates does provide a 48 hour guarantee
on service completions. Read about our Turn-
Around Time details. However,
Smart Updates does not guarantee
anything else.
You submit maintenance request to Smart
Updates at your own risk.
The Smart Updates service is administered via the
Internet and an internal messaging center. The Internet
is subject to technical problems. Smart Updates will
not be held responsible for any disruption in service
that occurs. You are responsible for checking your
email in a timely manner in order to service completions
or maintenance issues with a request. If you are
having trouble with your maintenance request, use
the messaging center to resolve the issue.
The client agrees to hold Smart
Updates harmless from any proceedings of any type.
By submitting a maintenance request and any other
information, the client grants Smart
Updates the
permanent right to use, modify, and distribute the
request in any way in order to complete maintenance
request.
The client guarantees that the content submitted
is his or her own and that it is all accurate. Smart
Updates will not be held responsible for any claims
stemming from content, data or information you
submit. Smart Updates is an 'editing' service and
is not responsible for content.
The client allows Smart Updates to
execute a subcontractor agreements on their behalf
in order to complete maintenance requests.
Smart Updates reserves the right to terminate service
and accounts at any time.
We will never reveal our clients names, email
addresses, or passwords to anyone outside of Smart
Updates.
Additional information on our Privacy
Policy can
be found here.
We follow all possible protocols in order to maintain a high level of security. We follow security meatures to reduce any vunerabilities, provide data protection, ensure against breaches and provide intense security options.
Additional information on our Internet Security Methods can be found here.
You agree to indemnify and hold Smart
Updates, and
its subsidiaries, affiliates, directors, officers,
owners, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including
reasonable attorneys' fees. You agree that no legal
action can or will be brought against Smart
Updates based
on the Smart
Updates service. You agree that
you used Smart Updates "at your
own risk" as
indicated here and in the attached links to this
document.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. Your use of the service is at your sole risk. The service is provided on
an "as is" and "as available" basis.
Smart Updates expressly disclaims all warranties of any kind,
whether express or implied.
b. Smart Updates makes no warranty that (i) the service will
meet your requirements, (ii) the service will be secure, or error-free, (iii)
any advice or information, whether oral or written, obtained by you from Smart
Updates or through the messaging center shall create any warranty not expressly
stated in the TOS.
You expressly understand and agree Smart Updates shall not be liable for any
direct, indirect, incidental, special, consequential or exemplary damages,
including but not limited to, damages for loss of profits, goodwill, use,
data or other intangible losses, even if Smart Updates has been advised of
such possible loss.
The TOS constitute the entire agreement between you and Smart
Updates and govern your use of the Smart Updates service.
The TOS and the relationship between you and Smart Updates shall
be governed by the laws of the State of Florida without regard to its conflict
of law provisions. You and Smart
Updates agree to submit to the personal and exclusive jurisdiction
of the courts located within the county of Florida of Smart
Updates base. The
failure of Smart Updates to exercise or enforce any right
or provision of the TOS shall not constitute a waiver of such right or provision.
If any provision of the TOS is found by a court of competent jurisdiction to
be invalid, the parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the provision, and the
other provisions of the TOS remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Service or the TOS must be filed within
three (3) months after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or
contractual effect.
Please complete our contact form to contact us for further information.
