Access to and/or use of the Website is subject to these Terms. Smart Barrel may at any time revise or modify these Terms or impose new conditions for use of the Website. Such changes, revisions or modifications shall be effective immediately upon notice to you, which may be given by any means, including, without limitation, posting on the Website or email. Any use by you of the Website after such notice shall be deemed to constitute acceptance of such changes, revisions or modifications.
1. “Use of Website” The information provided on the Website is for general information purposes. Certain sections of the Website are intended for particular audiences including customers and prospective customers, as well as the general public. Your access to and use of the information on the Website is subject to these Terms.
2. “Information and Postings” The Website may contain information and/or other postings. Smart Barrel will use reasonable care to ensure that such information or other postings are accurate at the time they are added to the Website. Please note, however, that Smart Barrel cannot guarantee that any information posted on the Website is accurate, and it shall not be liable for any losses or damage that anyone may suffer as a result of relying on such information.
3. “Intellectual Property” The copyright in the Website belongs to Smart Barrel. The contents of the Website may not be copied other than for noncommercial reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text, documents or other postings contained in the Website or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text, documents, or other postings, without the express written consent of Smart Barrel. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Smart Barrel or any third party.
4. “User Submissions” Certain areas of the Website enable you to submit emails, or otherwise provide feedback or information (“Content”) to Smart Barrel. You agree that by submitting Content:
a) you will only submit Content that complies with applicable law, and will not submit Content that is abusive, defamatory, obscene, infringing, threatening, repetitive, or otherwise inappropriate, or that contains any viruses or other software that may adversely affect the operation of another’s computer;
b) you understand and agree that such Content that is submitted to a feedback page, will be deemed non-confidential; and
c) you grant to Smart Barrel the irrevocable right to use, copy, modify publish, perform, transmit and display such Content via any media in accordance with these Terms, and waive any moral rights you may have in such Content. Smart Barrel shall be free to use such Content, including any ideas, concepts, know-how, or techniques contained in such Content, for any reason whatsoever.
5. “Non-Confidential Information” Any communication or material you transmit to the Website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, nonconfidential and nonproprietary. Anything you submit or post becomes the property of Smart Barrel and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Smart Barrel is free to use any ideas, concepts, know-how, or techniques contained in any Content you send to Smart Barrel for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
6. Trademarks mean the subscriptions ordered by Customer under an Order, including limited access and use rights to the applicable Platform in accordance with the Documentation, Order and this Agreement.
1) All product names, whether or not appearing in large print or with a trademark symbol, are trademarks of Smart Barrel or its licensors or joint venture partners, unless otherwise noted. The use or misuse of these trademarks or any other materials, except as provided herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes.
2) Framing of the Website by sites or site elements of parties not part of Smart Barrel is not permitted.
7. Third Party Wesbites The Website may from time to time contain links to third party websites. Smart Barrel is not responsible for and accepts no liability in respect of, any information or opinion contained on any third party website. Smart Barrel has no control over such websites and because their content is subject to change without notice to Smart Barrel, it is the responsibility of the user of the third party website to ensure that any information accessed is accurate and that software which is downloaded from that site is free of viruses or any other items of a destructive nature. Smart Barrel accepts no liability whatsoever in respect of any loss, damage, costs or liability incurred through any such downloaded material.
8. Dsiclaimer of Warranties By using the Website, you accept the information, products and services provided herein “AS IS.” SMART BARREL MAKES NO EXPRESS OR IMPLIED WARRANTY OR CONDITION REGARDING THE ACCURACY, CONTENT, COMPLETENESS, RELIABILITY, OPERABILITY, OR LEGALITY OF INFORMATION CONTAINED WITHIN THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
9. Limitation of Liability IN NO EVENT SHALL SMART BARREL OR ITS AGENTS, AFFILIATES, PARTNERS OR LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS RELATED TO THE USE OF THE WEBSITE, WHETHER IN AN ACTION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHER TORTIOUS ACTION ARISING OUT OF OR IN CONNECTION WITH THE USE OF INFORMATION OR MATERIALS CONTAINED ON THE WEBSITE.
10. Void Where Prohibited. The Website and its contents are intended to comply with the laws and regulations in the U.S. Although the information on the Website is accessible to users outside the U.S., the information pertaining to Smart Barrel’s products or services is intended for use only by residents of the U.S. Smart Barrel reserves the right to limit provision of its products or services to any person, geographic region or jurisdiction and/or to limit quantities of any products or services Smart Barrel provides. Any offer for any product or service made on the Website is void where prohibited.
11. Indemnification You agree to indemnify and hold Smart Barrel (and its officers, employees, agents, successors and assigns) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Website, (b) your violation of these Terms or (c) your violation of applicable laws or regulations. Smart Barrel reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of those claims. You agree not to settle any matter without the prior written consent of Smart Barrel. Smart Barrel will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
12. Release You hereby release and forever discharge Smart Barrel (and its officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Website. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Smart Barrel, Inc