Smith Distributors - Terms of Service

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Anti-Spam Policy

Spamming is Prohibited!
 
                                                IMPORTANT! READ THIS!
 
Sending spam (unsolicited bulk email) will result in immediate cancellation your SmithDistributors.com account. Spamming can also result in your ISP cancelling your web hosting account. A note to newbies: Please do not think you can "sneak one in" without being noticed. Sending even one single spam typically results in dozens (or hundreds!) of spam complaints. Complaints are directed to your ISP, to abuse.net, spamcop.org, and to us. Many newbies end their online careers early on, due to sending spam. Newbies, please trust us when we say that sending spam is not worth it. There are much more effective (and safer!) methods of marketing.

What is spam ?
Spam (unsolicited commercial e-mails) is an E-Mail; sent to somebody who did not request the information contained therein. There are many types of spam, for example, the transmission of irrelevant information in newsgroups, forums, chats, etc.

What is our anti-spam policy ? 
Since we have zero tolerance for any type of spamming, SmithDistributors.com business partners, who do not abide by international anti-spamming standards, will have their membership revoked immediately. The delinquent business partner not only loses her or his bonus entitlement, but also the business partnership status and will be barred in perpetuity.

To whom can I report a spammer? 
Should you receive an unwanted E-Mail (spam) from a SmithDistributors.com business partner, then please report this to spam@smithdistributors.com

We will immediately handle this matter. In your report, please provide us with a copy of the spam E-Mail, to possibly include the name and the business partner ID or the publicized URL.

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Terms of Service

Smith Distributors (SD) provides the use of, and access to, its Internet websites subject to the following terms of use.  Please read the following to learn more about our terms of use.

What These Terms of Use Cover

SD’s terms of use cover your access to and use of this website, www.smithdistributors.com, and all other websites and pages owned or operated by SD.

Acceptance of Terms

You may access SD websites only subject to these terms of use. By using any SD pages, in any way accessing this website, www.smithdistributors.com, or using other services of SD, you are accepting these terms of use.

Prohibited Activities

By using any SD website or accessing any information contained on any SD website or system, you agree not engage or assist in any of the following conduct:

Using spiders, robots or otherwise harvesting other's email addresses or telephone numbers from any SD site or server for purposes of sending unsolicited or unauthorized material.
 
Manipulating identifiers, such as email headers, to disguise the origin of any content transmitted to or through SD computer systems.
 
Relaying email from a third party's mail servers without the permission of that third party.
 
Using or causing to be used SD computer systems to facilitate the transmission of unsolicited or unauthorized material. This includes any promotional materials, URLs, junk mail, chain letters, pyramid schemes, or any other form of unauthorized solicitation that you may upload, post, email, transmit, or otherwise make available.
 
Uploading, posting, emailing, or transmitting the same message, URL, or post multiple times.
 
Disrupting the normal flow of dialogue, or causing the screen to scroll faster than users of the service are able to type, or otherwise acting in a manner that negatively affects other users' ability to use any service.
 
Harm minors in any way.
 
Impersonate any person or entity, including, but not limited to, SD or any SD representative, or falsely state, imply or otherwise misrepresent your affiliation with SD or any person or entity.
 
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content.
 
Upload, post, email, transmit or otherwise make available any content or material that: 
is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
 
You do not have a right to make available under any law or under a contractual or fiduciary relationship with SD or any third party (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
 
Infringes any patent, trademark, trade secret, copyright or other proprietary rights of SD or any third party.
 
Is unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
 
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
 
Interfere with or disrupt servers or networks, or disobey any requirements, procedures, policies or regulations of networks.
 
Violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Federal Trade Commission, and any regulations having the force of law.
 
Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
 
Collect or store personal data about other users or SD members.
 
Attempt to override or circumvent any of the usage rules embedded into SD websites.
 
Infringe on any SD trade names, trademarks or service marks.
 
Use the names SD or Smith Distributors, the SD logo or any other trademarks or trade names of SD or its affiliates, or any confusingly similar names, in the conduct of any business.
 
Infringe on any SD copyright, copy or link to www.smithdistributors.com or any other website of SD or its affiliates, copy or use any text, graphics or online content of SD or its affiliates.
 
Contact or solicit other SD members.
 
Engage in any unlawful, unfair or deceptive business practice.

Nothing in these terms of use is intended to grant any right to transmit email to or through SD computer systems. SD does not waive any rights by the failure to enforce this policy in every instance in which it might apply.

Registration Obligations

In consideration of your use of the website, you represent that you are of legal age to form a binding contract, are over 18 years of age, and are not barred from receiving services under the laws of the United States or other applicable jurisdiction.
 
You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form.

Content

Any unauthorized reproduction, publication, further distribution or public exhibition of the content and materials provided on any SD website, in whole or in part, is strictly prohibited.
 
You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.  In this regard, you acknowledge that you may not rely on any content created by SD or submitted to SD, including without limitation information in SD forums or message boards, and in all other parts of any website.
 
Under no circumstances will SD be liable in any way for any content on any of its websites, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by SD.
 
With respect to any content or information you submit to SD in any way or make available for inclusion on any SD website, you grant SD the following perpetual, world-wide, royalty free rights and license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content.
 
Please remember that SD websites are designed to appeal to a broad audience. Accordingly, it is the responsibility of the parent or legal guardian to determine whether access to any SD services or content is appropriate for a minor.

Modification and Cancellation

SD reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the use or content of any SD website, any SD service, or any part thereof, with or without notice.
 
SD shall not be liable to you or to any third party for any modification, suspension, cancellation or discontinuance.

Dealings with Others

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through SD or its websites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that.
 
SD shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such persons.

SD respects the intellectual property of others, and we ask our users to do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, your intellectual property rights, or any applicable laws, rules or regulations have been otherwise violated, please provide SD with the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest.
 
A description of the work, property or requirement that you claim has been infringed.
 
A description of where the material that you claim is infringing is located on the site.
 
Your address, telephone number, and email address.
 
A statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law.
 
A statement by you, made under penalty of perjury, that the above information is accurate and that you are the intellectual property owner or are authorized to act.

Warranty Exclusions

ALL SD WEBSITES AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  SD IS NOT LIABLE FOR ANY LOSSES, COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO OR USE OF ANY SD WEBSITE, ANY SERVICES WE PROVIDE OR THE ADVERTISING OF OUR PRODUCTS.  NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS GIVEN OR ASSUMED BY SD OR ITS AFFILIATES, AND ALL SUCH WARRANTIES, REPRESENTATIONS AND TERMS ARE HEREBY DISCLAIMED AND EXPRESSLY EXCLUDED.  NO ADVICE OR INFORMATION GIVEN BY SD OR ANY OF OUR REPRESENTATIVES SHALL CREATE ANY WARRANTY.

Damage Limitations

SD’S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF OR ACCESS TO ANY SD WEBSITE SHALL NOT EXCEED THE HIGHER OF US$1,000.00 OR THE TOTAL AMOUNT YOU HAVE PAID TO SD WITHIN THE PRIOR YEAR.  SD AND ITS AFFILIATES SHALL IN NO EVENT BE LIABLE FOR ANY PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR FAILS OF ITS ESSENTIAL PURPOSE.

Indemnity

You agree to indemnify and hold SD, and its subsidiaries, affiliates, agents, employees and business partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through any SD service, your use of any SD website or content, your violation of these terms of service, SD’s privacy policy or Standard Membership Rules, or your violation of any rights of another.