Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. They govern the access to and use of https://www.thesmarttimer.com (the “Website”) and Smart Technology Property (“Smart Technology Property”) by Users (“Users,” “you,” and/or “your”). By using this website, you accept the terms and conditions set forth in this Agreement. If you do not accept and agree to these Terms of Use (“Terms,” “Contract,” and/or “Agreement”) or you fail to comply with their provisions, you must not use the Website and Smart Technology Property. By using the Website and Smart Technology Property, it means that you have accepted all of the Terms set forth herein, as well as our Privacy Policy (which is incorporated herein) and that you agree to be bound by and to comply with their provisions. Please read these Terms carefully, as well as the provisions set forth in the Privacy Policy. IF YOU DO NOT AGREE TO AND ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE AND SMART TECHNOLOGY PROPERTY.

1. Overview

Smart Technology (“Smart Technology,” “we,” “our,” and/or “us”) may revise these Terms at any time by posting an updated version to this web page. You should visit this page periodically to review the most current Terms because they are binding on all Users of the Website and Smart Technology Property. The term “User” includes all individuals or entities that access the Website and Smart Technology Property for any reason and in any manner. The term “You” means the person (or the entity on behalf of whom you are acting) that accesses and/or utilizes the Website and Smart Technology Property, thereby agreeing to these Terms of Use.

2. Description of Smart Technology Property

2.1 Smart Technology Property is described as any and all property, content, services, software, websites, platforms, interfaces, tools, products, data, applications, metadata, images, sound, photographs, graphics, video, streams, advertisements, messages, products, materials, designs, telecommunication services, or technology owned by Smart Technology and made available to you directly or indirectly by Smart Technology or its affiliates, licensees, partners, parents, subsidiaries and entrusted third-party vendors.

2.2 Subject to these Terms, Smart Technology hereby grants you a non-exclusive, non-transferable, revocable right for personal use of Smart Technology Property as intended and permitted by Smart Technology. No other use is permitted without the prior written permission of Smart Technology. Smart Technology and its affiliates, licensees, subsidiaries, parents and partners shall exclusively own and hold all right, title and interest in and to Smart Technology Property including, without limitation, any and all intellectual property. You receive no ownership rights or other rights in Smart Technology Property, other than rights to the use of Smart Technology Property permitted in these Terms, and shall not directly or indirectly contest Smart Technology's ownership of Smart Technology Property. You may not reproduce, publish, transmit, distribute, publicly display, rent or lend, modify, license, create derivative works from, sell or participate in the sale of or exploit in any way, in whole or in part, directly or indirectly, any of the Smart Technology content so provided.

3. Your Access, Use, and Obligations

3.1 Personal Use. As a User of the Website and Smart Technology Property, your access to and the use of the Website and Smart Technology Property is to order and purchase Smart Technology products or to inquire about Smart Technology products, services, or information described on this Website and Smart Technology Property. You may not reproduce, publish, transmit, distribute, publicly display, rent or lend, modify, license, create derivative works from, sell or participate in the sale of or exploit in any way, in whole or in part, directly or indirectly, any of the Smart Technology content so provided.

3.2 You agree to: (a) provide, accurate, current, and complete information on any Smart Technology registration form(s) and/or page(s); and (b) maintain the security of your Smart Technology password and identification. You agree that you are responsible for all activities and conduct that occurs with the use of your Smart Technology account password and User name. As such, to the extent permitted by applicable law, you may be held liable for losses incurred by Smart Technology or its Users due to third-party use of your Smart Technology User name, password, or account as a result of your failure to keep your account information secure and confidential. You acknowledge, understand, and agree that you are solely, entirely and exclusively responsible for all User information and content that is uploaded, displayed on, posted, emailed or transmitted through your Smart Technology account with the use of your password and user name, and any consequences thereof. You agree not to register more than one Smart Technology User account on behalf of an individual or entity other than yourself. Smart Technology reserves the right to suspend or terminate at its sole discretion any User account for violations of any terms herein.

3.3 You agree that you will not use this Website and Smart Technology Property to: (a) transmit spam, bulk or unsolicited communications; (b) use a false identity or use someone else's identity; (c) misrepresent your affiliation with a person or entity; (d) engage in or encourage conduct that violates any applicable local, state, federal, or international law; (e) transmit software viruses or any other computer code, files or programs designed to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment; (f) stalk, threaten or harass (g) evade, disable or otherwise interfere with security features and functions of the Website and Smart Technology Property.

4. Website Transactions

The prices displayed on the Website are quoted and presented in U.S. Dollars and are subject to change at any time. We reserve the right to refuse any order you place with us. We reserve the right to cancel any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person or per order. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address and/or phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. The creation or transmission of an order confirmation by Smart Technology does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any product and we reserve the right to accept or decline your order for any reason up until the time the product is in production or is actually delivered to you. If you are unsatisfied with a product or have any questions about a product, please email us.

5. Privacy Policy

You agree to comply with all terms of Smart Technology's Privacy Policy.

6. Links to Other Sites and Advertisements

The Website may contain links to third-party websites. These links are provided solely for your convenience and cannot in any way be construed or interpreted as an endorsement by Smart Technology of the content of the third-party websites. Smart Technology is not responsible in any way for the content of those third-party websites. The Website may also contain advertisements by third-parties. Smart Technology is not responsible for the content of those advertisements or any transactions entered into between you and a third-party advertiser for services provided by such third-party advertiser. If you decide to enter into any transactions with third-party advertisers, you do so at your own risk. Smart Technology further does not make any representations regarding the content or accuracy of materials on third-party Websites or by third-party advertisers. If you decide to access linked third-party Websites, you do so solely at your own risk and of your own choosing.

7. Advertisements and Promotions

We may allow for advertisements and promotions on the Website, including, without limitation, on behalf of third-parties. All such communication, interaction and participation is strictly and solely between you and such advertisers/third-parties and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the advertisers/third-parties or any goods or services you may purchase or obtain from any advertiser/third-party).

8. Cookies and Other Tracking Technologies

We may use “cookies” and/or other tracking technology when you visit our Website or use Smart Technology Property. Cookies help us improve the experience and access to our Website. For more information about Cookies, please refer to our Privacy Policy.

9. Intellectual Property Rights

9.1 Copyright. We own the copyright(s) to the arrangement and information on the Website and Smart Technology Property. You agree not to reproduce, link to, modify, copy, lease, loan, sell, distribute, store, publish, display, download, transmit, imitate, or create derivative works of Smart Technology content and/or Smart Technology Property, in whole or in part.

9.2 Copyright Infringement. If you are a copyright owner or an agent thereof and believe that any content on the Website infringes upon your copyright(s), you may submit a notification pursuant to the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), by providing our Designated Agent the following information in writing:

Your contact information, including your name, address, telephone number, and email address;
The identification, description and location of each copyrighted work that you claim has been infringed;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owners; and
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

Upon receipt of an infringement notification by the Designated Agent, it is our policy to remove infringing material from the Website and Smart Technology Property. You acknowledge and agree that your failure to comply with all of the requirements of this Section 10, your DMCA notice may not be valid. Please note any correspondence, communication, and information provided to us through a notification of infringement may be shared with third parties. Any person sending a notification of infringement is hereby notified that under Section 512(f) of the DMCA, any person who knowingly sends meritless notices of infringement may be liable for damages.

9.3 Trademarks. “Trademarks" refers to all names, marks, brands, logos, designs, trade dress, slogans and other designations Smart Technology uses in connection with the Website, Smart Technology Property and services. You agree to comply with Smart Technology's trademark usage requirements as may be in effect from time to time. You may not use, remove or alter any Smart Technology trademarks without Smart Technology's prior written consent. You agree not to incorporate any Smart Technology Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related information website, products, services or technologies.

10. Assignment

These Terms, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by Smart Technology without restriction and without notice to you.

11. Indemnity

You agree to indemnify and hold Smart Technology, its employees, officers, directors, agents, affiliates, subsidiaries, parents and other partners and their employees, harmless from and against any and all claims, demands, actions, liabilities, losses, expenses, damages, costs and reasonable attorneys’ fees due to or arising directly or indirectly out of or relating to: (a) your use of the Website, Smart Technology Property and/or Smart Technology services, (b) your engagement in transactions on this Website, (c) your unlawful use of third-party trademarks and intellectual property, and (d) your violation of any of these Terms. Smart Technology reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and all negotiation for its settlement or compromise (as applicable), and in each such case, you agree to fully cooperate with us upon our request.

12. Legal Disputes

12.1 Jurisdiction. This Agreement is governed by the laws of the state of Texas and shall be subject to the exclusive jurisdiction of the courts in Huntsville, Texas in Walker County. The offer and acceptance of this Agreement is deemed to have occurred in the State of Texas. You agree that any dispute arising from or relating to this Agreement will be heard solely by a court in Huntsville, Texas in Walker County. You further agree that the prevailing party is entitled to all of its reasonable attorneys' fees and court costs from the unsuccessful party in any dispute.

12.2 Mediation. Prior to the filing of a lawsuit, You and Smart Technology each agree that any and all disputes, controversies, and/or claims that have arisen or may arise out of this Agreement or use of this Website and/or Smart Technology Property, whether based on past, present, or future events, shall be mediated out of court in an attempt at resolution through mediation. The fees and cost of the mediation shall be shared equally between You and Smart Technology. A demand for mediation shall be served via a written demand in person or by mail to the opposing party.

13. Disclaimer and Limitation of Liability

13.1 THIS SITE AND ITS CONTENTS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE AND CONTENT WILL BE AVAILABLE FOR USE, OR THAT ALL FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE OR SOFTWARE VIRUSES, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, TRUTHFULNESS, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, RELIABILITY, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES, FUNCTIONS, AND SERVICES OF THE WEBSITE.

13.2 YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SMART TECHNOLOGY, ITS SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSEES, SUPPLIERS (COLLECTIVELY, THE “SMART TECHNOLOGY PARTIES”) SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THIS WEBSITE AND/OR SMART TECHNOLOGY PROPERTY OR FROM THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

13.3 TO THE FULLEST EXTENT PERMITTED BY LAW, THE SMART TECHNOLOGY PARTIES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, MONIES, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE AND SMART TECHNOLOGY PROPERTY, EVEN IF SMART TECHNOLOGY HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE WEBSITE AND SMART TECHNOLOGY PROPERTY; (B) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY, INCLUDING, WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR CONTENT, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; (C) OR DEATH OR PERSONAL INJURY.

13.4 SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THESE TERMS OF USE MAY NOT APPLY TO YOU. IF, IN A RELEVANT JURISDICTION, THE LIMITATIONS AND EXCLUSIONS ON LIABILITY CONTAINED HEREIN ARE NOT PERMITTED, THEN THE SMART TECHNOLOGY PARTIES’ LIABILITY SHALL BE LIMITED AND EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

14. Entire Agreement and Severability

The Terms (along with the Privacy Policy, which has been incorporated herein by reference) constitute the entire Agreement between You and Smart Technology governing your use of the Website and its content and Smart Technology Property and its content. If any term or provision of this Agreement is declared or ordered to be invalid or unenforceable, in whole or in part, that term or provision will not affect the enforceability of the remainder of this Agreement. This Agreement will be considered amended to the extent necessary to make this Agreement valid and enforceable under applicable law and consistent with the original intentions of the parties. All remaining terms and provisions of the Agreement will remain in full force and effect.