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Terms and Conditions

Welcome to www.smavvy.com (the "website"), owned and operated by Smavvy Digital Marketing, LLC. We have included a wealth of information and functionality for users of our website ("you"), all of which is provided subject to the following Terms of Use:

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A CHOICE OF FORUM CLAUSE.

Privacy Statement: These Terms of Use co-exist with our Privacy Statement, and together both policies govern the general practices and your usage of this website. Your use of the website at any time shall be deemed conclusive evidence of your agreement that your license to access and use the website is governed by these Terms of Use and our Privacy Statement. We encourage you to familiarize yourself with both policies. Our Website Privacy Statement may be found inside the site or by clicking here: Smavvy Privacy Statement.

Acceptance: Changes to These Terms of Use: We may change these Terms of Use and/or the Privacy Statement at any time by posting revisions to our website. Your use of this website constitutes acceptance of the provisions of these Terms of Use and the Privacy Statement, and your continued usage after such changes are posted constitutes acceptance of each revised Terms of Use and / or Privacy Statement. If you do not agree to the terms and conditions of these Terms of Use, the Privacy Statement or any revised policy, please exit this website immediately.

Accessing the Website: When You access the website, you represent and warrant that: (i) You have read and understand these Terms of Use; (ii) You have and will access the website and provide information to us with the bona fide intent to use or to evaluate the website, and not with an ulterior motive, such as to download portions of the website to compete with us or provide information to one of our competitors; and (iii) in using the website, You will comply with all applicable international, country, federal and state laws, rules and regulations.

Copyrights; Limited License to Information: All words, pictures, graphs, charts and other matters presented or made available on the website are Copyright ©2015 Smavvy Digital Marketing, LLC (the "information"). By accessing and / or making use of the website, you agree that we are not offering for sale or selling the information, but instead are granting you a limited, royalty free, non-exclusive, revocable license to make use of the information presented on this website for your own personal or internal business purposes. Unless otherwise set forth in a separate written agreement signed by us, you agree that this license does not permit you to: (i) download any information on this website; (ii) sell the information downloaded (or copied in another form) for money, barter, exchange or other consideration; (iii) redistribute the information for free to anyone (except to your bona fide employees who need the information for internal business purposes); (iv) make any more than one print copy of the information; (v) republish the information for any prohibited purpose, including commercial gain; or (vi) make any alterations, additions or other modifications to the information. All other rights are expressly reserved.

No License to Trademarks: All trademarks, service marks, trade names or other identifying marks displayed on the website, including and not limited to Smavvy Digital Marketing, LLC (the "marks") are owned by us and / or our respective licensors. Except as applicable law may otherwise provide, or except as agreed to in writing by us, we do not consent to any use of the marks by any person and do not grant you any right to use the marks displayed on this website.

Acceptable uses of Website information; Misuse of the Website: You violate these Terms of Use when you make any use of the website to:

1. Utilize the website or any information derived from the website to send unsolicited e-mails to our clients clients or any third parties, unless the communication is related to our business or operations.

2. Utilize the website or any information derived from the website in connection with any illegal activity. Without limiting the general application of this rule, users may not:

  1. Utilize the website or any information derived from the website to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;
  2. Utilize the website or any information derived from the website to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;
  3. Utilize the website or any information derived from the website to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law; or
  4. Utilize the website or any information derived from the website in any manner that violates applicable law.

3. Utilize the website or any information derived from the website in connection with any tortious or actionable activity. Without limiting the general application of this rule, users may not:

  1. Utilize the website or any information derived from the website to publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicizes the personal information or likeness of a person without that person's consent or (C) otherwise violates the privacy rights of any person.
  2. Utilize the website or any information derived from the website to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.

4. Utilize the website or any information derived from the website in connection with any other disruptive or abusive activity. Without limiting the general application of this rule, users may not:

  1. Utilize the website or any information derived from the website to cause denial of service attacks against company or other network hosts or Internet users or to otherwise degrade or impair the operation of company's servers and facilities or the servers and facilities of other network hosts or Internet users;
  2. Post messages or software programs that consume excessive CPU time or storage space;
  3. Utilize the website or any information derived from the website to offer mail services, mail forwarding capabilities, POP accounts or autoresponders other than for the user's own account;
  4. Utilize the website or any information derived from the website to resell access to CGI script installed on company's servers;
  5. Utilize the website or any information derived from the website to subvert, or assist others in subverting, the security or integrity of any company systems, facilities or equipment;
  6. Utilize the website or any information derived from the website to gain unauthorized access to the computer networks of company or any other person;
  7. Utilize the website or any information derived from the website to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code;
  8. Utilize the website or any information derived from the website to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the user (excluding the use of anonymous remailers or Internet nicknames);
  9. Utilize the website or any information derived from the website to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment or disrupt the operation of the website or any information derived from the website ;
  10. Utilize the website or any information derived from the website in any manner that might subject company to unfavorable regulatory action, subject company to any liability for any reason, or adversely affect company's public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by company in its sole discretion; or
  11. Utilize the website or any information derived from the website in any other manner to interrupt or interfere with the Internet usage of other persons.

Available Remedies: We do not validate, error check or otherwise confirm the truth or accuracy of Information posted on the website; or review, edit, censor or warrant the quality or accuracy of Information that users may acquire from the website. By making use of the website, You agree not to sue or make any claim of any kind against us regarding Information posted or available on the website. When we become aware of harmful activities, in our sole and unfettered discretion we may take steps to stop the harmful activity, such as removing the offending materials, using screening software to block offending materials, denying the offender access to the website, or any other action we deem appropriate. We are required to notify law enforcement when we become aware of the presence of child pornography on or transmitted through the website; and to remove or block access to content or postings upon receipt of a proper notice of copyright infringement. It is also our policy to terminate users who commit repeat violations of copyright laws. All remedies are non-exclusive.

Disclaimers as to Information: WHILE EVERY EFFORT IS MADE TO REPORT ACCURATE AND TRUTHFUL INFORMATION, WE AND OUR SUPPLIERS AND CONTRIBUTORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION PUBLISHED ON THE WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT, ARE SPECIFICALLY DISCLAIMED. IN NO EVENT SHALL WE AND/OR OUR SUPPLIERS AND CONTRIBUTORS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER IN ANY WAY RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING AND NOT LIMITED TO DAMAGES FOR LOSS OF USE, OR LOST DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH INFORMATION AVAILABLE ON THE WEBSITE. THERE IS NO WARRANTY THAT ANY INFORMATION, CONTENT, COMPUTER PROGRAM, EFFORTS OR ANY SYSTEM PROVIDED BY US WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR THE ACCURACY, SUITABILITY AND QUALITY OF INFORMATION PROVIDED THROUGH THE WEBSITE. YOU AGREE THAT YOUR SOLE REMEDY IN THE EVENT YOU HAVE ANY CLAIM AGAINST US IN RESPECT OF THE WEBSITE IS FOR US TO REPAIR, REPLACE OR OTHERWISE CORRECT THE INFORMATION POSTED THEREON.

Linking to the Domains; No “Framing”: We permit reasonable, good faith and non-defamatory links to the website so long as: (i) it is clear in the link reference that we have not endorsed the contents of the referring page, and that any statements made have not been reviewed or approved by us; and (ii) no use is made of our trademarks (though the word marks may be used if proper credit is provided on the page). We do not consent to "framing" our content or Information inside of any other page.

Indemnity: By taking any action using or through this website, including Information requests, You expressly authorize and direct us to carry out such transaction or performance on your behalf as your act. Therefore, you agree to and do hereby hold harmless and agree to defend and indemnify us, our employees, agents and officers, from and against any liability for all damages incurred by us in taking such actions at your direction or request. Additionally, if you post or provide any Information, images or content onto the website, or if you violate any provision of these Terms of Use or the website Privacy Statement, You are liable to us for your actions, and in the event we are threatened with lawsuit or are sued by any person on account of your activities, including but not limited to any claim of infringement of intellectual property rights, you agree to indemnify, defend and hold harmless us and our employees, directors, affiliates, subsidiaries, users and customers, from and against all claims, demands, damages and losses claimed by such person, and you agree to and shall pay all related costs and expenses, including reasonable legal fees, that we incur.

Choice of Forum; Attorneys' Fees: These Terms and Conditions and the Privacy Statement shall be governed and construed by the laws of the State of Ohio, exclusive of its conflicts of laws provisions. Any controversy or claim arising out of or related to these Terms and Conditions or the Privacy Statement, whether at common law or under statute, shall be settled exclusively by the state or federal courts of Columbus, Ohio, and the parties hereby consent to the exclusive jurisdiction of such courts. If either party breaches these Terms and Conditions or the Privacy Statement, the party prevailing in any resulting litigation between the parties shall be entitled to receive its reasonable attorneys' fees and costs.

Miscellaneous: These Terms and Conditions and all documents referred or referenced herein constitute the entire agreement between parties. Other than as specifically provided in any separate formal agreement between you and us, these Terms and Conditions may NOT be altered, supplemented or amended by the use of any other document(s). Any attempt to alter, supplement or amend these Terms and Conditions or to enter an agreement which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and us. If any section of these Terms and Conditions is found to be invalid or unenforceable in any jurisdiction in which it is performed, then the meaning of that section will be interpreted, to the extent feasible, in a way that renders it enforceable. If no feasible interpretation is possible, the section will be severed from these Terms and Conditions and the rest of these Terms and Conditions will remain in full force and effect.

Questions or comments regarding these Terms and Conditions or the Privacy Policy should be directed to us.