PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS A USER OF THIS WEBSITE AND RECIPIENT OF SERVICES, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
By using our website, the User freely, voluntarily and with full authority and capacity to do so, agrees to be bound by and accepts these Terms. If you as a User do not agree to be bound by all of these Terms please do not use, utilize or access this Site or the Services or of Smart Armor’s technology. We reserve the right to cancel your User account and discontinue providing Services and making Technology available to you should you violate any of these Terms.
You may only use our website to access our products and services if you are age 18 or older. By agreeing to use this website you warrant you are of the legal age to do so. Some countries have a higher legal age limit for creating contracts and accessing and using certain websites. If you are a user in one of those countries with a higher age requirement then these higher website use legal age limits will apply.
In order to access some features of the Site and/or certain Services, you will have to create a registered member account with a login and password. You may never use another user’s account or share your account and password with any other user or entity. When creating your account, you agree that you will provide current, complete and accurate information, and you agree that you will update your account information as necessary to keep it current, complete and accurate. You are solely responsible for the activity that occurs on your account, and you are responsible for keeping your account password secure. You must notify Smart Armor immediately of any breach of security or unauthorized use of your account by contacting us at info@SmartArmorTech.com Although Smart Armor will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses incurred by Smart Armor or others due to such unauthorized use.
You agree that you will not use the Site and Services offered through the Site or otherwise: (i) to engage in, assist, abet or promote any unpermitted or criminal activity or enterprise, including without limitation, unauthorized entry, larceny, trespassing, mischief, threatening, burglary, harassment, stalking, copyright infringement, trademark infringement, patent infringement, or theft of trade secrets, (ii) to solicit personally identifying information for commercial or unlawful purposes, (iii) to advertise to, solicit, or sell to any person without their prior explicit consent, (iv) to harvest or collect personally identifiable information such as e-mail addresses, account names, passwords or other contact information of users, or (v) to use or launch any automated system, including without limitation, “robots,” or “spiders” that accesses the Site in a manner that sends more request messages to the Smart Armor’s servers in a given period of time than humanly possible in the same period by using a web browser. In order to protect third parties and other users from such prohibited conduct, Smart Armor reserves the right to restrict, in its sole discretion, communications which a user may send through the Site.
Smart Armor’s Intellectual Property. The content of and on the Site and Services, and the copyrights, trademarks, service marks, and logos contained therein, if any, (“Marks“), are owned by or licensed to Smart Armor, whether or not registered, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You in no way will obtain any ownership interest or rights in the Site or Services or Marks contained on the Site, and you may not claim or pursue any such interest or rights in connection with the limited license granted herein. You may not use or display Marks in any manner without the prior written consent of Smart Armor. We reserve all rights not expressly granted in and to the Site and Services. You agree not to circumvent, disable or otherwise interfere with any security related features of the Site or Services or other features that prevent or restrict use or copying of any content of the Site or Services or enforce limitations on use of the Site or Services.
Disclaimers and Limitations on Liability.
SMART ARMOR DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, FUNCTIONALITY OR RELIABILITY OF THE SITE OR THE SERVICES PROVIDED AT AND THROUGH THE SITES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SITE AND ANY PARTICULAR PRODUCT OR SERVICE IS AT YOUR SOLE RISK. OUR SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY WAIVE AND SMART ARMOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM FROM MALICIOUS CODE, AND NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR USE OF ALL OR ANY PART OF THE SITES.
- SMART ARMOR MAKES NO WARRANTY (i) THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THAT ACCESS TO THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, OR SECURE, OR (iii) THAT THE QUALITY OF THE SITE OR ANY PRODUCTS OR SERVICES REFERRED TO IN THE SITE OR ANY SERVICES WILL MEET YOUR (OR YOUR CUSTOMER’S) EXPECTATIONS.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SMART ARMOR OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OR OTHERWISE APPLICABLE PURSUANT TO YOUR PURCHASE OF SMART ARMOR PRODUCTS OR SERVICES.
- SMART ARMOR IS NOT LIABLE FOR ANY SERVICE OR PRODUCT WARRANTIES NOT EXPRESSLY SET FORTH ON THE SITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SMART ARMOR SHALL NOT BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR UNAUTHORIZED ACCESS TO YOUR PROPERTY, INABILITY TO ACCESS YOUR PROPERTY, OR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SMART ARMOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE SITES OR ANY PRODUCT OR SERVICE. IN ANY CASE, SMART ARMOR’S LIABILITY FOR ANY DAMAGES ALLEGED OR SUFFERED IN CONNECTION WITH THE SITES OR THE SERVICES WILL NOT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO SMART ARMOR FOR THE USE OF SERVICES OVER THE SIX (6) MONTHS PRIOR TO THE DATE OF DAMAGES. YOUR LEGAL RIGHTS WITH RESPECT TO THESE DISCLAIMERS AND WAIVERS MAY VARY FROM JURISDICTION TO JURISDICTION. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY CLAIMS YOU MAY HAVE AGAINST SMART ARMOR WITHIN SIX (6) MONTHS OF THE DATE THE CLAIM AROSE OR BE FOREVER BARRED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IF YOU ARE A CALIFORNIA RESIDENT, THEN BY ACCEPTING THIS AGREEMENT YOU ARE WAIVING CALIFORNIA CIVIL CODE SECTION 1542, 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”. IN ANY EVENT THE MAXIMUM LIABILITY TO SMART ARMOR WILL BE THE USERS TOTAL PURCHASE PRICES OF OUR PRODUCTS AND SERVICES.
Security. Smart Armor shall establish and maintain commercially reasonable security measures designed to protect User from any security breaches at or through this Site. However, Smart Armor shall not under any circumstances be responsible for any security breaches caused by, arising from, resulting from or attributable to any factor other than Smart Armor’s gross negligence or intentional misconduct. Specifically, among other things and without limiting the foregoing, Smart Armor shall have no responsibility for any security breaches caused by, arising from, resulting from or attributable to any features employed by any third party hosting company or by any act or omission of another user, it being understood and agreed that User may not under any circumstances hold Smart Armor liable therefor and that User’s recourse therefor shall be limited to the appropriate third party hosting company or companies or the other user, as the case may be.
Site Operation and Maintenance. Smart Armor shall use reasonable efforts to maintain this Site in good condition and operating order. Smart Armor shall not be responsible for any inaccessibility of User at this Site due to scheduled maintenance and upgrades of this Site or any corresponding Internet servers or software. Smart Armor shall use reasonable efforts to ensure that any period of inaccessibility shall not exceed 48 hours. In the event that this Site becomes inaccessible, or its operation fails in any way, User shall give written notification of the inaccessibility or the failure, and in the case of failures, sufficient information to permit replication and analysis. Upon receipt of notice from User of any inaccessibility or failure, Smart Armor shall use reasonable efforts to diagnose the cause of the inaccessibility or failure. Upon completion of the diagnosis, Smart Armor shall advise User of the cause of the inaccessibility or failure and shall use efforts that it considers to be reasonable in its sole discretion, without charge, to restore access to and use of this Site or avoid the failure. Notwithstanding the foregoing, Smart Armor shall have no obligation to resolve any inaccessibility or failure caused by (a) modification of this Site by anyone other than Smart Armor, (b) use of this Site for any purpose other than intended, (c) misuse or incorrect use of this Site, (d) unauthorized access to or use of this Site, or (e) malfunction of any User or third party’s computer or any telecommunications services not under the direct control of Smart Armor. Smart Armor shall provide User and any Authorized End Users general Site support between the hours of 8:30 A.M. and 5:30 P.M. Arizona time, Monday through Friday, excluding holidays. Smart Armor shall implement the data archive procedures resident in the Site, Services and Technologies at reasonable regular intervals, and User acknowledges that the liability for loss, destruction or damage to any data User may store in Smart Armor’s computing environment, including without limitation any User Content, is limited pursuant to these Terms and the Contract(s). Smart Armor has the sole right to maintain and update the logical and physical organization and structure of the databases and associated files within the Site.
Links to Other Sites. This Site may reference or link to third-party sites throughout the Internet. Smart Armor has no control over such third-party sites or the content within them. Smart Armor cannot and does not guarantee, represent or warrant that the content contained in such third-party sites is accurate, legal or inoffensive. Smart Armor does not endorse the content of any third-party site, nor does Smart Armor warrant that they will not contain viruses or otherwise impact User’s computer. Smart Armor does not assume any responsibility or liability for the actions, product, services, and content of all these and any other third parties. If User chooses to link to or use a third-party website, User should carefully review such third party’s privacy statement and other terms and conditions of use. By using this Site to search for or link to another third-party site, User agrees and understands that User may not make any claim against Smart Armor for any damages or losses, whatsoever, resulting from User’s use of or access to this Site to obtain search results or to link to another site.
Indemnity. You agree to indemnify, defend, release and hold Smart Armor and its affiliates, and its officers, directors, suppliers, service providers, co-branders or other partners, agents and employees, and those of its affiliates, harmless from all claims, demand, damages, fees and costs of any nature, including reasonable fees of attorneys and other professionals, due to or arising out of anything you submit, transmit through or upload to the Sites or in the course of using any Service or your violation of these Terms or any other terms and conditions governing your relationship with Smart Armor or your violation of any law or your breach of any contract with any party or your act or omission constituting negligence or other tort. In the event you provide registration or other information that is untrue, inaccurate, fraudulent or out of date, you agree to indemnify Smart Armor for and hold it harmless from and against any and all liability, damages, loss or expense (including reasonable fees of attorneys and other professionals) it may incur, including but not limited to loss of business profits, taxes, penalties or sanctions, interest, fees, costs and expenses of any nature arising from or related to any claim, demand, action or proceeding alleged or initiated against Smart Armor by any third party based upon such information. These defense and indemnification obligations will survive these Terms and your use of the Sites or any Service.
Termination; Exclusion. Smart Armor reserves the right, in its sole discretion, to revoke, terminate or suspend any and all privileges associated with accessing our Site or using any Services for any reason or for no reason whatsoever including improper use of this Site or failure to comply with these Terms, and to take any other action we deem appropriate.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Smart Armor without restriction.
General Information. Although the Sites and Services may be accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site or any particular Service are available to all persons or in all geographic locations, or are appropriate or available for use in your jurisdiction. Smart Armor reserves the right to limit the provision and quantity of any feature, product, Service or other service to any person or geographic area in its sole discretion. Any offer for any feature, product, Service or other service made on the Site or through any Service is void where prohibited. These Terms and any other agreements, whether or not referenced herein, constitute the entire agreement between you and Smart Armor with regard to and shall govern all Services. Your activities and use of the Site and Services supersede any prior agreements between you and Smart Armor. You also may be subject to additional terms and conditions contained in invoices, purchase orders, terms and conditions of purchase/sale, shipping manifests, bills of lading or terms and contracts that may apply when you use affiliate services, third-party content or third-party software. These Terms, your use of the Site or any Services and any other agreement with and the relationship between you and Smart Armor shall be governed by the laws of the State of Delaware without regard to choice of law provisions, nor shall the 1980 United Nations Convention on Contracts for the International Sale of Goods apply. You and Smart Armor agree to submit to the personal and exclusive jurisdiction of the pertinent state or federal courts located within or with jurisdiction in the State of California, regardless of the fact that the Site and Services may be accessible outside the United States. Notwithstanding the foregoing, Smart Armor may seek equitable relief, including preliminary and permanent injunction, in any court of competent jurisdiction to prevent or enjoin misappropriation, misuse, unauthorized disclosure, or infringement of any intellectual property rights. The failure of Smart Armor to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 these Terms remain in full force and effect. The requirements of these Terms shall survive any cancellation or termination of User’s account at and access to the Site.
Force Majeure. Smart Armor shall not be liable or responsible in any way for any failure or delay in performance or delivery, or for any damage to customer, caused by or attributable to, in whole or in part, any factor beyond our control, including without limitation strikes, riots, wars, fires, acts of God, acts of compliance with any law or regulation, acts or omissions of third parties for which Smart Armor is not legally responsible, and/or any other factor that could be characterized as a force majeure event.
Notices. Notices to you may be made by electronic mail. Smart Armor may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Sites. Notice or other correspondence to Smart Armor should be sent prepaid, by certified mail, return receipt requested or overnight commercial courier to: 1399 9th Avenue, #1110, San Diego, CA 92101.
Dispute Resolution. The following procedures are the buyers’ sole remedy to any dispute with Smart Armor. Any dispute that may arise under this Agreement shall be settled in binding arbitration by a mutually agreeable private arbitrator. Any such arbitration shall be held and conducted in San Diego County, California. The award rendered by the arbitrator shall be final, and judgment may be entered upon it in accordance with Delaware law and in the San Diego County Superior Court or the United States District Court for the District of Southern California. The arbitrator shall have the power to award any or all types of relief, including without limitation equitable, injunctive or declaratory relief. In any event the maximum user/buyer recovery in any dispute is the purchase price of the products or services.
International Customers Dispute Resolution. Any international users of our website and purchasers of our products recognize their sole remedy in any dispute is an arbitration hearing, held in San Diego County, CA, as follows. All international transactions contemplated hereunder and all activities related hereto shall be governed by, construed and enforced in accordance with the provisions of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”), the laws of the United States and the laws of the State of Delaware. In the event of any conflict between or among any such laws, the New York Convention shall govern and take precedence, followed by the laws of the United States, and followed further by the laws of the State of Delaware. This arbitration hearing is the sole remedy to users or buyers in any dispute with Smart Armor. In the event a website user/buyers country is not a signatory to the New York Convention then the website user/buyer agrees to arbitration in San Diego County, CA using the American Arbitration Association (AAA) rules of arbitration. In any event the maximum user/buyer recovery in any dispute is the purchase price of the company’s products or services.
I HAVE READ THESE TERMS, FULLY UNDERSTAND ALL PROVISIONS HEREIN, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO THESE TERMS, AND ACCEPT AND AGREE TO BE BOUND BY THESE TERMS FREELY AND VOLUNTARILY. I ACKNOWLEDGE THAT I HAVE RECEIVED VALUABLE CONSIDERATION IN RELATION TO MY ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THESE TERMS, WHICH I UNDERSTAND TO BE A PREREQUISITE TO MY ABILITY TO UTILIZE, REALIZE AND RECEIVE SERVICES AT AND THROUGH THIS SITE. FINALLY, I UNDERSTAND THAT THESE TERMS, TOGETHER WITH THE TERMS OF ANY CONTRACT(S), SHALL BE OF FULL FORCE AND EFFECT AS TO ANY AND ALL SERVICES I RECEIVE FROM EVINTO, WITHOUT REGARD TO THE DATE OR TIMING OF, PAYMENT FOR AND RECEIPT OF SUCH SERVICES. I CERTIFY THAT IF I AM UNDER 18 YEARS OF AGE, I HAVE CAUSED MY LEGAL GUARDIAN TO ACCEPT AND AGREE TO THESE TERMS ALONG WITH ME.