Terms and Conditions
Welcome to the SMART website. Please read these terms carefully before using this website (“site”). This site may be used for informational purposes only. By using the site or downloading materials from the site, you agree to follow the terms and conditions set forth in this notice. If you do not agree to follow these terms and conditions, do not use or download materials from the site. By accessing the site you indicate your agreement to be bound by these terms and conditions.
SMART uses “cookie” technology to enhance and facilitate your visit to the SMART website. The “cookie” files are sent to your computer and identify you as a unique user and store your personal preferences and technical information. We use:
a) Permanent “cookies” (i.e., the cookies remain on your computer until you delete them)
b) Temporary “cookies” (i.e., the cookies last until you close your browser)
“Cookies” do not themselves contain or reveal any personal information. If you submit personal information via the SMART website information can be linked to the data stored in the cookies.
Subject to the terms and conditions set forth in this Agreement, SMART grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.
SMART authorizes you to view and download the information (“Materials”) at Site only for your personal, non-commercial use. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use or communicate them for any public or commercial purpose; and 3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, SMART does not grant any express or implied right to you under any patents, designs, trademarks, copyrights or trade secret legislation.
You might be required to open an account to be able to access certain restricted parts of the Site. In such event you must complete the registration process by providing us with complete and accurate information as stated in the applicable registration form. You will also be required to choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under said account. You agree to notify SMART immediately of any unauthorized use of your account or any other breach of security. SMART will not be liable for any loss that you may incur as a result of someone else using your password or account.
You represent and warrant that you will use the Site in compliance with this Agreement including the laws and provisions under this Agreement and to comply with all existing and future Site policies and rules. You agree that you will not use the Site to: (a) transmit spam or unsolicited communications; (b) pretend to be SMART or someone else; (c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site; (d) misrepresent your affiliation with a person or entity; (e) act in a manner that negatively affects other users’ ability to use the Site; (f) engage in activities that would violate any applicable law, (g) post or transmit any material which violates or infringes in any way upon the rights of others or which is unlawful, abusive, defamatory, vulgar or otherwise objectionable or which contains any advertising or solicitation with respect to products or services or (h) collect or store personal data about other users unless specifically authorized by such users. If you do not comply with the aforesaid, you may not use the Site, SMART shall not be legally bound by this Agreement, and reserves all its legal rights in relation to such non-compliance.
You further agree to defend, indemnify and hold harmless SMART, its affiliates and their respective officers, directors and agents from and against all claims and expenses, including attorney fees, arising out of the use of this Site.
SMART reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted on the Site. Your continued use of the Site after any change to this Agreement are posted will be considered acceptance of those changes.
SMART may terminate, change, correct any errors or omissions in any portion of the Site, make any other changes to the Site, the materials and the products, programs, services or prices (if any) described in the Site, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time without notice. SMART may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. SMART may terminate the authorization, rights and license given above at any time and, upon such termination, you shall immediately destroy all Materials.
Acknowledgement of Intellectual Property Rights
You acknowledge that all intellectual property rights (including, but not limited to, copyright, patents, know-how, confidential information, database rights, and rights in trademarks and designs (whether registered or unregistered) in the Site are vested in SMART or its licensors. All goodwill and intellectual property rights arising through the use of such intellectual property rights vested in SMART shall inure to SMART.
Information provided by you
You may not: (a) use any device or software capable of interfering with the operation of the Site; or (b) take any action, which imposes a disproportionately large or unreasonable load upon the infrastructure of the Site (such as sending mass emails – “spamming”), or (c) interfere or tamper with the software of the Site or the functionality thereof. This includes putting material on the Site, which is infected with viruses, Trojan horses, time bombs or other elements that may damage or interfere with the programming structure of the Site.
Third Party Websites
SMART does not undertake to monitor or review Third Party Site Content nor is SMART responsible for the accuracy or reliability of any such third party web sites. Furthermore, SMART may provide on this Site links to Web Sites operated by other entities. If you use these Sites, you will leave this Site. If you visit any linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. SMART makes no warranty or representation regarding any linked Web Sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that SMART or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked Site is authorized to use any trademark, trade name, logo or copyright symbol of SMART or any of its affiliates or subsidiaries.
External Links to the Site
All links to the Site must be approved in writing by SMART, except that SMART consents to links in which: (i) the link is a text-only link containing only the name “SMART” and does not contain any of SMART or its licensor’s proprietary trademarks; (ii) the link “points” only to www.smartcentralvacuums.com and not to deeper pages;(iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a “frame” on the linked web Site; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by SMART nor be such as to damage or dilute the goodwill associated with the name and trademarks of SMART or its Affiliates. SMART reserves the right to revoke this consent to link at any time in its sole discretion.
Exclusion of Implied Warranties
Although care has been taken to ensure the accuracy of the information on this Site, SMART assumes no responsibility therefore. THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. BEAM® DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE”. BEAM® EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS SITE OR THE CONTENT. BEAM® DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEBSITE. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED. BEAM® DOES NOT WARRANT THAT THE WEBSITE OR THE SERVERS WHICH MAKE THIS SITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY BEAM® ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. ALL SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS ARE EXCLUDED EXCEPT TO THE EXTENT THAT LAW PROHIBITS THEIR EXCLUSION.
Limitation of Liability
IN NO EVENT SHALL SMART BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION) RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS SITE OR THE CONTENT OR OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF SMART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION TO THE TERMS SET FORTH HEREIN, IN NO EVENT SHALL SMART BE LIABLE FOR ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS OR UNTIMELINESS OR UNAUTHENTICITY OF ANY INFORMATION CONTAINED IN THIS SITE.
Duty to Mitigate Losses
Without prejudice to limitation of liability set forth herein, you shall take all reasonable steps to mitigate your loss arising in relation to any claim or action (whether for negligence, breach of contract or otherwise), which you may bring against SMART.
All references to “writing”, “notices”, and “notification” and all similar ends related expressions shall cover electronic methods of communication (for instance, e-mail) provided that the party relying on the communication retains acceptable evidence that the communication was sent and received.
If SMART does not comply with its undertakings under this Agreement, it shall either correct the non-compliance or, at its option, terminate this Agreement by prior notice, posted on this web site, to you. To the maximum extent permitted by law, this clause expresses your sole and exclusive remedy in relation to non-compliance by SMART.
Whole Agreement and Severability
This Agreement constitutes the entire agreement between SMART and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
Third Party Rights
Except as expressly provided in this Agreement, a person who is not a party to this Agreement may not enforce any of its terms.