2. Intellectual Property Rights. All Materials contained on the Site, unless otherwise indicated, is protected by law including, but not limited to, United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. The Site, its content, layout and design are the exclusive property of Smart Media Strategies or its licensors and, except as expressly provided herein, Smart Media Strategies does not grant any express or implied right in any such Materials to you. In particular and without limitation, Smart Media Strategies owns the copyright in the Site as a collective work and/or compilation, any and all databases accessible on the Site, and in the selection, coordination, arrangement, and enhancement of the content of the Site. Smart Media Strategies , and all other names, logos, and icons identifying Smart Media Strategies and/or Smart Media Strategies’s products and services are proprietary marks of Smart Media Strategies or its licensors. Third-party trademarks displayed on the Site are the property of their respective owners.
5. Assumption of Risk. You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While Smart Media Strategies has endeavored to create a secure and reliable website, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, Smart Media Strategies and Smart Media Strategies licensors and suppliers are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. Smart Media Strategies and Smart Media Strategies’ licensors and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Site.
6. Enforcing Security. Actual or attempted unauthorized use of any of the Site may result in criminal and/or civil prosecution. For your protection, Smart Media Strategies reserves the right to view, monitor, and record activity on the Site without notice or further permission from you, to the fullest extent permitted by applicable law. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of the Site. Smart Media Strategies will also comply with all court orders involving requests for such information.
7. Links to Other Websites. Smart Media Strategies may provide links, in its sole discretion, to other websites on the World Wide Web for your convenience in locating related information and services. These websites have not necessarily been reviewed by Smart Media Strategies and are maintained by third parties over which Smart Media Strategies exercises no control. Accordingly, Smart Media Strategies and its directors, officers, employees, agents, representatives, licensors and suppliers (together, the “Smart Media Strategies Parties”) expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on and/or software downloaded from these third-party websites. Moreover, these links do not imply an endorsement of any third party or any website or the products or services provided by any third party.
8. Events Beyond Smart Media Strategies Control. You expressly absolve and release Smart Media Strategies and Smart Media Strategies licensors and suppliers from any claim of harm resulting from a cause beyond their control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.
9. DISCLAIMERS. You expressly agree that any tools or information made available on the Site are not a substitute for the exercise of independent judgment and expertise. You should always seek the assistance of a professional for advice on investments, tax, the law, or other professional matters.
TO THE EXTENT PERMITTED BY LAW, Smart Media Strategies, LLC PARTIES DISCLAIM LIABILITY FOR ANY , INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THIS SITE AND ITS CONTENT, EVEN IF ANY OF Smart Media Strategies, LLC PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, INCLUDING, BUT NOT LIMITED TO:
(i) COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS;
(ii) EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL;
(iii) LOSS OF DATA;
(iv) COST OF SUBSTITUTE MATERIALS;
(v) COST OF CAPITAL;
(vi) THE CLAIMS OF ANY THIRD PARTY, OR
(vii) ANY SUCH DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY OTHER REASON WHATSOEVER.
TO THE EXTENT PERMITTED BY LAW, Smart Media Strategies, LLC PARTIES DISCLAIM LIABILITY FOR ANY DIRECT OR COMPENSATORY DAMAGES CAUSED TO ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO BY ANY NEGLIGENCE (BUT EXCLUDING FRAUD, WILLFUL MISCONDUCT OR ANY OTHER TYPE OF LIABILITY THAT, FOR THE AVOIDANCE OF DOUBT, BY LAW CANNOT BE EXCLUDED) ON THE PART OF, OR ANY CONTINGENCY WITHIN OR BEYOND THE CONTROL OF, Smart Media Strategies, LLC PARTIES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THIS SITE AND ITS CONTENTS.
11. Submissions. Smart Media Strategies welcomes your feedback and suggestions, including about how to improve this Site. We and/or our service providers may make available through the Site certain services to which you are able to post comments, information and/or feedback (for example, message boards, blogs, chat features, messaging and/or comment functionalities). Any ideas, suggestions, information, feedback, know-how, material, and any other content (collectively, “Submissions”) posted and/or received through this Site, will be deemed to include a worldwide, royalty-free, fully paid-up, perpetual, irrevocable, nonexclusive, transferable and fully sublicensable (through multiple tiers) right and license for Smart Media Strategies to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You hereby waive (a) any claim to the contrary; and (b) any “moral rights” associated with your Submissions. You represent and warrant that you have all rights necessary for you to grant the foregoing license, and that each Submission you provide to the Site complies with all applicable laws, rules and regulations. You are and remain responsible and liable for the content of any Submission. IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS SECTION, PLEASE DO NOT POST, TRANSMIT OR OTHERWISE MAKE ANY SUBMISSION. ANY SUBMISSIONS MADE ARE DONE SO AT YOUR OWN RISK. Please note, Smart Media Strategies does not control any of the User-submitted Submissions, they do not reflect the opinion of Smart Media Strategies, and Smart Media Strategies does not guarantee their accuracy or endorse any of the opinions expressed. Any Submissions related to Smart Media Strategies service offerings will be directed to appropriate company representatives offline. You should be mindful of any confidentiality obligations or other legal commitments before providing Submissions in a manner that will be posted on the Site (e.g., on a blog). Smart Media Strategies reserves the right to edit or delete Submissions for any reason and reserves the right to ban future Submissions from any third party, by blocking specific email addresses or IP addresses, or through other means as necessary. Smart Media Strategies, LLC Parties are not responsible or liable for (i) any Submissions, including, without limitation, any errors or omissions in such Submissions, links or images embedded therein, or results obtained by using any of the same; or (ii) any loss or damage caused by the Submissions or resulting from the use (including without limitation republication) or misuse thereof by any third party, including your reliance thereon.
12. Export Restrictions. No software or any other materials associated with this Site may be downloaded or otherwise exported or re-exported to countries or persons prohibited under relevant export control laws, including, without limitation, countries against which the UK / United States has embargoed goods, or to anyone on the U.K. Consolidated Financial Sanctions List maintained by Her Majesty’s Treasury, U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
22. Sanctions Compliance. You warrant that neither you, nor any entity on whose behalf you are acting, is owned or controlled by, nor do you or such entity own or control, directly or indirectly, a person or entity that is (i) on the list of Specially Designated Nationals and Blocked Persons maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury or the U.K. Consolidated Financial Sanctions List maintained by Her Majesty’s Treasury; or (ii) subject to country sanctions imposed by the U.S. Government for any reason, including but not limited to being organized or headquartered in or a governmental entity of a country subject to such sanctions (currently Cuba, Iran, Syria and Crimea); or (iii)organized or headquartered in any other country to which the export or re-export of U.S.-origin goods or technologies are generally embargoed (currently North Korea). Additionally, you, or the entity on whose behalf you are acting, warrant that you or such entity do not intend to and will not knowingly supply or use the Site to or for the benefit of any of the foregoing. You agree to notify Smart Media Strategies if these circumstances change. For purposes of this provision, “owned” and “own” mean an interest of 50 percent or more and “control” means the right or ability to dictate the decisions, actions, and/or policies of an entity or its management. If you breach this Section, in addition to any other rights or remedies Smart Media Strategies may have, Smart Media Strategies may immediately terminate your access to the Site and any affected subscriptions.
23. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Smart Media Strategies a notice requesting that Smart Media Strategies remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Smart Media Strategies a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.
Smart Media Strategies
2430 Vanderbilt Bch Rd, Suite 108-404 Naples, FL 34109
Phone: +1 (239) 963-8615
25. Future Statements. Certain statements contained on this website, in Smart Media Strategies news releases or communicated orally or in writing by Smart Media Strategies concerning the Company or its management, are future statements a. These statements are based on future expectations, plans and prospects for Smart Media Strategies (the “Company”) business and operations Smart Media Strategies undertakes no obligation (nor does it intend) to publicly supplement, update or revise any future statements on a going-forward basis, whether as a result of subsequent developments, changed expectations or otherwise.
You agree that the foregoing terms and conditions shall survive any termination of your rights of access to the Materials identified above.