Terms & Conditions - Smart IS

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Terms & Conditions

 

Agreement between User and https://www.smart-is.com/
Welcome to https://www.smart-is.com/. The https://www.smart-is.com/ website (the “Site”) is
comprised of various web pages operated by Oracular IS LLC (“Smart IS International”).
https://www.smart-is.com/ is offered to you conditioned on your acceptance without modification
of the terms, conditions, and notices contained herein (the “Terms”). Your use of
https://www.smart-is.com/ constitutes your agreement to all such Terms. Please read these terms
carefully, and keep a copy of them for your reference.

https://www.smart-is.com/ is a News and Information Site.

Our website offers information on the services we provide, information on I.T. Consulting and
information on the products we sell.

Privacy
Your use of https://www.smart-is.com/ is subject to Smart IS International’s Privacy Policy. Please
review our Privacy Policy, which also governs the Site and informs users of our data collection
practices.

Electronic Communications
Visiting https://www.smart-is.com/ or sending emails to Smart IS International constitutes
electronic communications. You consent to receive electronic communications and you agree that
all agreements, notices, disclosures and other communications that we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such communications be
in writing.

Children Under Thirteen
Smart IS International does not knowingly collect, either online or offline, personal information
from persons under the age of thirteen. If you are under 18, you may use https://www.smartis.com/ only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services
https://www.smart-is.com/ may contain links to other websites (“Linked Sites”). The Linked Sites
are not under the control of Smart IS International and Smart IS International is not responsible for
the contents of any Linked Site, including without limitation any link contained in a Linked Site, or
any changes or updates to a Linked Site. Smart IS International is providing these links to you only
as a convenience, and the inclusion of any link does not imply endorsement by Smart IS
International of the site or any association with its operators.

Certain services made available via https://www.smart-is.com/ are delivered by third party sites
and organizations. By using any product, service or functionality originating from the
https://www.smart-is.com/ domain, you hereby acknowledge and consent that Smart IS
International may share such information and data with any third party with whom Smart IS
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International has a contractual relationship to provide the requested product, service or
functionality on behalf of https://www.smart-is.com/ users and customers.

No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
https://www.smart-is.com/ strictly in accordance with these terms of use. As a condition of your
use of the Site, you warrant to Smart IS International that you will not use the Site for any purpose
that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other party’s use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Smart IS International or
its suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Smart IS International content is not for resale. Your use of the Site does not entitle you to make
any unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of Smart IS International and the copyright owner. You agree that you do not acquire
any ownership rights in any protected content. We do not grant you any licenses, express or
implied, to the intellectual property of Smart IS International or our licensors except as expressly
authorized by these Terms.

International Users
The Service is controlled, operated and administered by Smart IS International from our offices
within the USA. If you access the Service from a location outside the USA, you are responsible
for compliance with all local laws. You agree that you will not use the Smart IS International
Content accessed through https://www.smart-is.com/ in any country or in any manner prohibited
by any applicable laws, restrictions or regulations.

Indemnification
You agree to indemnify, defend and hold harmless Smart IS International, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
Smart IS International reserves the right, at its own cost, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which event you will fully
cooperate with Smart IS International in asserting any available defenses.

Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
and Conditions.

Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. ORACULAR IS LLC AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

ORACULAR IS LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
ORACULAR IS LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL ORACULAR IS LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY
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OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
ORACULAR IS LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE.

Termination/Access Restriction
Smart IS International reserves the right, in its sole discretion, to terminate your access to the Site
and the related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of Wisconsin and you hereby
consent to the exclusive jurisdiction and venue of courts in Wisconsin in all disputes arising out of
or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Smart IS International as a result of this agreement or use of the Site. Smart IS
International’s performance of this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of Smart IS International’s right to comply with
governmental, court and law enforcement requests or requirements relating to your use of the Site
or information provided to or gathered by Smart IS International with respect to such use. If any
part of this agreement is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability limitations set forth above, then
the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision and the remainder of the agreement
shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and Smart IS International with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and Smart IS
International with respect to the Site. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings based upon or relating
to this agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is the express wish
to the parties that this agreement and all related documents be written in English.

Changes to Terms
Smart IS International reserves the right, in its sole discretion, to change the Terms under which
https://www.smart-is.com/ is offered. The most current version of the Terms will supersede all
previous versions. Smart IS International encourages you to periodically review the Terms to stay
informed of our updates.

Contact Us
Smart IS International welcomes your questions or comments regarding the Terms:

Oracular IS LLC
1302 S MAIN ST
Oshkosh, Wisconsin 54902-6518

Email Address:
info@smart-is.com

Telephone number:
920-303-0470

Effective as of January 01, 2020

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Copyright © 2020 Smart-IS International. All Rights Reserved.

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