TERMS & CONDITIONS

 

SMARTPORT LLC’s website(s), (our "site" or "sites") (here-in after Smartport) are made available to you pursuant to the following Terms of Use & Service and any other rules posted on our Sites (collectively, the "T&C's"). By visiting any Smartport site, you are accepting and consenting to the practices described in the T&C's.

 

We may modify the T&C'S from time to time, and your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified T&C'S.

For those persons wishing to use our services, they must read and agree to be bound by our policies relating to those services. In particular, we draw you attention to our policies relating to the terms of purchase and our Privacy Policy. If you are under 18, you must let your parent or guardian know about Smartport's Privacy Policy before you register to use this Site or any of this Site's services.

 

Please read the T&C'S and check back often. If you do not agree to any change to the T&C'S, then you must immediately stop using the Site.

 

REGISTRATION

To use some of the services or features made available to you on this Site, you will need to register. We may change the registration requirements from time to time. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address customerservices@Smartport.biz. You may also want to view our Privacy Policy.

NO UNAUTHORISED COPYING OR DISTRIBUTION

 

INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that all copyright, designs, trademarks and all other intellectual property and material rights relating to the Content as herein described, including Smartport Software and all HTML and other code contained in this Site, shall remain at all times vested in Smartport and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by Smartport and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

 

CONTENT

In addition to the Intellectual property rights mentioned above, Content is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. SMARTPORT.COM tries to ensure that the information on this site is accurate and complete. Smartport does not warrant or represent that Smartport's Content is accurate, error-free or reliable or that your use of Smartport's Content will not infringe rights of third parties. Your use of the Web Site is at your risk. SMARTPORT does not warrant that the functional aspects of the Web Site or Smartport's Content will be error free or that this Web Site, Smartport Content or the server that makes it available are free of viruses or other harmful components. If your use of this Web Site, or Smartport's Content results in the need for servicing or replacing property, material, equipment or data, Smartport is not responsible for those costs. Without limiting the foregoing, everything on the Web Site is provided to you "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. SMARTPORT.BIZ and its suppliers make no warranties about SMARTPORT.COM Content, software text, downloads, graphics, and links, or about results to be obtained from using the Web Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. SMARTPORT.COM reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that SMARTPORT.COM is not liable to you or any third party for any such withdrawal.

 

NO COMMERCIAL USE

This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

 

YOUR ACTIVITY

You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the T&C'S, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.

 

GENERAL LIMITATION OF LIABILITY

While Smartport will use reasonable endeavors to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these T&C'S shall limit your rights as a consumer under English law.

You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.

You agree that, except for death and personal injury arising from our negligence, We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the T&C'S.

 

INDEMNIFICATION

At our request, you agree fully to defend, indemnify and hold harmless Smartport immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the T&C'S by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.

 

OUR RELATIONSHIP

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Smartport as a result of the T&C'S or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Smartport, and we shall not be liable for any representation, act, or omission on your part.

 

ENTIRE AGREEMENT

The T&C'S (as amended from time to time) constitutes the entire agreement between you and Smartport regarding your use of this Site, and supersedes any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and Smartport in relation to such matters. In the event any other rules, code of conduct, or other matter posted on this Site conflicts with the terms of the T&C'S, the T&C'S shall govern. No oral explanation or oral information given by any party shall alter the interpretation of the T&C'S. You confirm that, in agreeing to accept the T&C'S, you have not relied on any representation save insofar as the same has expressly been made a representation in the T&C'S and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of the T&C'S save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of the T&C'S.

 

NO WAIVER

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

 

GOVERNING LAW

The T&C'S together with all our policies and procedures will be governed by and construed in accordance with the laws of Maryland, USA and you irrevocably submit to the exclusive jurisdiction of the courts of Maryland, USA.

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Registered Company Smartport LLC

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