NetworkSmart.co Terms And Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING NetworkSmart.co (such site, and any related website, microsites or portions thereof collectively referred to herein as the “Site”). All users of this Site agree that access to and use of this Site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this Site.
You must be 13 years of age or older to subscribe to any services provided on or through the Site or to join our e-newsletter.
You are voluntarily choosing to use the Site because you want to view, read and/or hear the various materials which are available or temporarily available, for your own personal enjoyment, information and/or education.
You represent and warrant that you have not and will not use and/or view the Site in a restricted location – namely a place, country, or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.
Network Smart reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any part thereof with or without notice. You agree that Network Smart shall not be liable to you or any third party for any such modification, suspension or discontinuance of the Site. In addition, Network Smart reserves the right to terminate your access to the Site for any reason and to take any other actions that Network Smart, in its sole discretion, believes to be in the interest of Network Smart and its users as a whole.
Non-Commercial Use by Users
This Site is for the personal use of users only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not use the Site for any purpose including, but not limited to:
Any illegal and/or unauthorized uses of the Site, including unauthorized framing of or linking to the Site or the sending of unsolicited commercial email will be investigated, and appropriate legal action will be taken, including, without limitation, civil, criminal, and injunctive redress and/or termination of use at NetworkSmart’s sole discretion.
The entire content included in this Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Network Smart (“NetworkSmart”). The collective work includes works that are licensed to Network Smart. Permission is only granted to electronically copy and print hard copy portions of this Site for the sole purpose of your own non-commercial use or otherwise as expressly permitted by the Site. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized by Network Smart. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.
By posting or submitting Content on or to the Site, regardless of the form or medium with respect to such content, you are giving Network Smart, and its affiliates, agents and third-party contractors, the perpetual, worldwide right and license to display or publish (either in the form or medium submitted or in any other form or media, including in the form of a derivative or adapted work, now known or later developed) such content on the Site and its affiliated publications, to store such content, and to distribute such content and use such Content for promotional and marketing purposes.
You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Network Smart to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by Network Smart and these Terms and Conditions; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by Network Smart and these Terms and Conditions. In furtherance of the foregoing, you agree that you will not: (a) submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Network Smart all of the rights granted herein; (b) publish falsehoods or misrepresentations that could damage Network Smart or any third party; (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, abusive, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (d) post advertisements or solicitations of business or funds. Network Smart reserves the right to remove or not publish submissions without prior notice. You understand that when you submit content in any form to the Site, Network Smart may authorize such Content to be distributed or syndicated to or published on other environments and in other mediums.
All trademarks, service marks and trade names of Network Smart used in the Site are trademarks or registered trademarks of Network Smart, LLC.
This site and the materials and products on this Site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Network Smart disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Network Smart does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the site available are free of viruses or other harmful components. Network Smart does not make any warrantees or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. In no way does your use of the site, or reliance on any information or materials contained on the site create a fiduciary or other similar relationship between you and Network Smart.
Limitation of Liability
Network Smart and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this Site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in the Site (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions). Any claim against us shall be limited to the amount you paid to us, if any, for use of the Site.
NETWORKSMART.CO IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ON-LINE-SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SITE.
These terms and conditions are applicable to you upon your accessing the site. These terms and conditions, or any part of them, may be terminated by Network Smart without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Network Smart may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Network Smart.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an Network Smart or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Network Smart does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that to the extent the site provides you with the ability to view and distribute user-generated content on the site, Network Smart is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Network Smart reserves the right to block or remove communications or materials that it determines to be (i) abusive, defamatory, or obscene, (ii) fraudulent, deceptive, or misleading, (iii) in violation of a copyright, trademark or; other intellectual property right of another or (iv) offensive or otherwise unacceptable to Network Smart in its sole discretion.
You agree to indemnify, defend, and hold harmless Network Smart, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Network Smart may link to sites operated by third parties. However, even if the third party is affiliated with Networksmart.co, Network Smart has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Networksmart.co. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Network Smart seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Disclosure to Third Parties
Personal data held by us will be kept confidential but we may provide such data to:
You agree that in the event Network Smart receives a subpoena issued by a court or from a law enforcement or government agency, Network Smart shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
Any Dispute Between Us Will Be Governed by United States and Utah Law
These Terms and Conditions shall be governed by and construed in accordance with, and all legal issues arising from or related to either party’s use of, or participation in the Site or materials shall be determined by the laws of the United States and the State of Utah without regard to that State’s conflict-of-law provisions. The State and federal courts of Utah shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to these Terms and Conditions or the subject matter hereof. You consent to personal jurisdiction and venue in the appropriate court in Utah.
Notwithstanding anything to the contrary set forth in these Terms and Conditions, Network Smart may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the State of Utah, in the event Network Smart believes that there is a violation or threatened violation of any intellectual property rights of Network Smart or of any third party, and you hereby consent to the exclusive jurisdiction and venue of such courts.
If any portion of these Terms and Conditions are deemed to be invalid, prohibited or unenforceable in any jurisdiction for any reason unless narrowed by construction, such term or condition shall for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable term or condition had been more narrowly drawn so as not to be invalid, prohibited or unenforceable (or if such language cannot be drawn narrowly enough, the court making any such determination shall have the power to modify, to the extent necessary to make such term or condition enforceable in such jurisdiction, and such term or condition shall then be applicable in such modified form). If, notwithstanding the foregoing, any such term or condition would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such term or condition, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or un-enforceability, without invalidating the remaining Terms and Conditions. No narrowed construction, court-modification or invalidation of any term or condition shall affect the construction, validity or enforceability of such term or condition in any other jurisdiction.
No waiver by Network Smart of any term or condition of these Terms and Conditions shall be deemed a further or continuing waiver of such term or of any other term, and Network Smart’s failure to assert any right or demand compliance with any provision of these Terms and Conditions shall not be deemed to constitute a waiver of any such right or provision.