1. Binding Agreement
By accessing this Website, you agree that these Terms and Conditions form a binding agreement between you and Smart Sign Out, LLC (SSO). SSO is responsible for all products and services provided under this D.B.A. If you do not wish to be bound by these Terms and Conditions, do not use this Website or purchase from SSO. SSO reserves the right to change these Terms and Conditions at any time; accordingly, you should review these Terms and Conditions each time you view the Website or purchase products or services. Your continued use of this Website signifies that you agree to be bound by these Terms and Conditions as they are amended. This agreement also applies to mobile and tablet applications that access this website’s information.
2. Professional Services Disclaimer
The contents of the Website, such as text, graphics, images, information obtained from SSO’s licensors, and other material (“Content”) is for informational purposes only. Any information furnished on this Website is not intended nor implied to be professional advice and is not intended to replace personal consultation with a qualified physician, pharmacist, other health care professional, an accountant, or an attorney, as applicable. SSO has not examined the Content for accuracy, timeliness, completeness, appropriateness, or helpfulness. SSO does not endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on this Website. Your reliance upon information and Content obtained by you at or through this Website is solely at your own risk. We assume no liability or responsibility for damage or injury (including death) to you, other persons, or property arising from any use of any product, information, idea, or instruction contained in the Content.
You acknowledge that the information on the Website is provided “AS IS” for general information only. SSO DOES NOT MAKE AND HEREBY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, OF ANY KIND REGARDING THIS WEBSITE OR THE INFORMATION IN IT, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT THESE PAGES, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. SSO reserves the right to change or discontinue at any time any aspect or feature of this Website. Information and pricing on this Website are subject to change at any time without notice.
IN NO EVENT SHALL SSO, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH LOST PROFITS, OR DAMAGES RESULTING FROM THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT WHETHER OR NOT SSOIS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You acknowledge that in connection with the Website, information will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of SSO and its suppliers. Accordingly, SSO assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Website.
SSO shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $500.00. Any claims arising in connection with your use of this Website or any Content must be brought within one (1) year of the date of the event giving rise to such action. Your remedies are limited to those expressly provided for in these Terms and Conditions.
5. Copyright and Other Proprietary Rights
The Content consists of copyrighted works proprietary to SSO, its licensors, or its suppliers. You may download and print a single copy of the Content solely for your personal, non-commercial use. Any Content you download or print may not be altered in any way and must contain the following copyrighted notice: “Copyright (c) 2012 Smart Sign Out. All Rights Reserved” and all other copyright and proprietary rights notices which were contained in such Content. Any other use of the Content is expressly prohibited without our prior written permission and any rights or licenses to any tangible or intangible materials not expressly granted herein are expressly reserved. Any unauthorized use of any of the Content is a violation of law and subjects you to all civil and criminal penalties provided for under domestic and international laws covering such unauthorized use.
SSO may provide links on the Website, via advertising and otherwise, to other websites that are not under the control of SSO. SSO does not endorse or make any warranty of any type regarding the content contained on such websites or products and services offered therein. Your use of such websites is at your own risk and SSO is not liable to you for any loss or damage you may suffer by your use of such websites. You hereby waive any and all claims you may have against SSO regarding our inclusion of such links to third party websites or your use of those websites.
7. Terms of Sale
All orders placed for products are final. Prices are subject to correction. Special offers may be withdrawn at any time.
8. Applicable Law and Venue
By accessing this Website both you and SSO agree that the statutes and laws of the State of New York, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Website, except where preempted by the federal laws of the United States of America, in which case such U.S. federal law will apply. You and SSO also agree and hereby submit to the exclusive personal jurisdiction and venue of Erie County, New York with respect to such matters. Those who choose to access this Website from outside the United States do so on their own initiative and are responsible for compliance with local laws. Should it become necessary for SSO to retain an attorney to collect any amounts owed to SSO under the terms of this Agreement, SSO will be entitled to recover in addition to its damages, reasonable attorney’s fees.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
Any waiver of any of these Terms and Conditions shall not operate or be construed as a continuing waiver of such term or condition or any other term or condition.
You agree to defend, indemnify and hold Smart Sign Out, LLC, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from (1) your breach of these Terms and Conditions or (2) your unauthorized or unlawful use of this Website or the Content.
12. Service Agreement
These Terms and Conditions govern your general access of and use of the Website, however, your use of any other services offered by SSO or its affiliates is also governed by your agreement with SSO or its affiliates relating to the provision of such services (the “Service Agreement”). You must enter into an independent Service Agreement in order to receive such services. In the event that any provision of these Terms and Conditions conflicts with any provision of the Service Agreement, the Service Agreement will control.
13. Complete Agreement
Except for the Service Agreement, if any, these Terms and Conditions contain the entire agreement between you and SSO relating to your use of this Website.