Smartgoal Web Site Agreement
The http://smartgoal.net Web Site (the "Site") is an online information
service
provided by Smartgoal ("http://smartgoal.net"), subject to
your compliance
with the terms and conditions set forth below. please read this
document carefully before accessing or using the site. by accessing or
using the site, you agree to be bound by the terms and conditions set
forth below. if you do not wish to be bound by these terms and
conditions, you may not access or use the site. http://smartgoal.net
may modify this
agreement at any time, and such modifications shall be effective
immediately upon posting of the modified agreement on the site. you
agree to review the agreement periodically to be aware of such
modifications and your continued access or use of the site shall be
deemed your conclusive acceptance of the modified agreement.
1. Copyright, Licenses
and Idea Submissions.
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and
trademarks are http://smartgoal.net, its affiliates or other third
party licensors.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT,
OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT,
GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of
material from the different areas of the Site solely for your own
non-commercial use provided that you agree not to change or delete any
copyright or proprietary notices from the materials. You agree to grant
to http://smartgoal.net a non-exclusive, royalty-free, worldwide,
perpetual license,
with the right to sub-license, to reproduce, distribute, transmit,
create derivative works of, publicly display and publicly perform any
materials and other information (including, without limitation, ideas
contained therein for new or improved products and services) you submit
to any public areas of the Site (such as bulletin boards, forums and
newsgroups) or by e-mail to http://smartgoal.net by all means and in
any media now
known or hereafter developed. You also grant to http://smartgoal.net
the right to use
your name in connection with the submitted materials and other
information as well as in connection with all advertising, marketing
and promotional material related thereto. You agree that you shall have
no recourse against http://smartgoal.net for any alleged or actual
infringement or
misappropriation of any proprietary right in your communications to
http://smartgoal.net.
TRADEMARKS
Publications, products, content or services referenced herein or on the
Site are the exclusive trademarks or servicemarks of
http://smartgoal.net. Other
product and company names mentioned in the Site may be the trademarks
of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services
clearly identified as being supplied by http://smartgoal.net,
http://smartgoal.net does not operate,
control or endorse any information, products or services on the
Internet in any way. Except for http://smartgoal.net- identified
information, products
or services, all information, products and services offered through the
Site or on the Internet generally are offered by third parties, that
are not affiliated with http://smartgoal.net a. You also understand
that http://smartgoal.net cannot
and does not guarantee or warrant that files available for downloading
through the Site will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient procedures
and checkpoints to satisfy your particular requirements for accuracy of
data input and output, and for maintaining a means external to the Site
for the reconstruction of any lost data.
You assume total responsibility and risk for your use of the site and the internet. http://smartgoal.net provides the site and related information "as is" and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the internet generally, and http://smartgoal.net shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally. http://smartgoal.net does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected.
You understand further that the pure nature of the internet contains unedited materials some of which are sexually explicit or may be offensive to you. Your access to such materials is at your risk. http://smartgoal.net has no control over and accepts no responsibility whatsoever for such materials.
Limitation of liability
In no event will http://smartgoal.net be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if http://smartgoal.net or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, http://smartgoal.net liability is limited to the greatest extent permitted by law.
http://smartgoal.net makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non- http://smartgoal.net web site, please understand that it is independent from http://smartgoal.net, and that http://smartgoal.net has no control over the content on that web site. In addition, a link to a http://smartgoal.net web site does not mean that http://smartgoal.net endorses or accepts any responsibility for the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless http://smartgoal.net,
its officers,
directors, employees, agents, licensors, suppliers and any third party
information providers to the Service from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of this Agreement (including negligent or
wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of http://smartgoal.net and its
officers,
directors, employees, agents, licensors, suppliers, and any third party
information providers to the Service. Each of these individuals or
entities shall have the right to assert and enforce those provisions
directly against you on its own behalf.
5. Term; Termination.
This Agreement may be terminated by either party without notice at any
time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall
survive any termination of this Agreement.
6. Miscellaneous.
This Agreement shall all be governed and construed in accordance with
the laws of USA applicable to agreements made and to be performed in
USA. You agree that any legal action or proceeding between
http://smartgoal.net and
you for any purpose concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a federal or
state court of competent jurisdiction sitting in USA . Any cause of
action or claim you may have with respect to the Service must be
commenced within one (1) year after the claim or cause of action arises
or such claim or cause of action is barred. http://smartgoal.net 's
failure to insist
upon or enforce strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or right. Neither
the course of conduct between the parties nor trade practice shall act
to modify any provision of this Agreement. http://smartgoal.net may
assign its rights
and duties under this Agreement to any party at any time without notice
to you.
Any rights not expressly granted herein are reserved.