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Terms of Service

Terms of Service

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 canceling 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 include possibly the name and the business partner ID or the publicized URL.


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 gaining access this website, www.smithdistributors.com, or using other services of SD, you are accepting these terms of use.

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 with providing 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 to carry 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.

Never 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, e-mailed, 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, worldwide, 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 end, 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 among 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.

Copyright and Legal Claims

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 for 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 MERCHANT ABILITY 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 HAS 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 with 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.

Termination ~ Smith Distributors may immediately terminate your membership if you breach any provision of these Rules, engage in any prohibited activities or aid and abet anyone listed in a Fraud Alert, or if you fail to pay any fees or charges when due. Smith Distributors also reserves the right to terminate any membership upon refund of the most recent bi-annual fee. If your membership is terminated for any reason other than non-payment, you may not rejoin Smith Distributors, either directly from through another person.

Prohibited Activities ~ You may not directly or indirectly (a) use the names Smith Distributors or Smith Distributors in the conduct of your business, (b) infringe on any Smith Distributors trade names, trademarks or copyrights, (c) contact or solicit other Smith Distributors members, (d) use your Smith Distributors membership in any manner or for any purpose other than selling Smith Distributors products, (e) distribute Smith Distributors products outside authorized sales channels, (f) engage in any unlawful, unfair or deceptive business practice, (g) fail to conduct your business in a honest and ethical manner, (h) engage in any abusive, tortuous or unprofessional language or conduct, (i) violate any applicable law or regulation, (j) compete against Smith Distributors or its affiliates, (k) do anything to harm Smith Distributors, its affiliates or other members, or degrade Smith Distributors' goodwill or reputation, or (l) do business with any person who does any of the foregoing or is listed in a Fraud Alert.

No Agency ~ You agree and acknowledge that you and Smith Distributors have an independent business relationship. Nothing about your membership or provided for in these Rules shall be deemed to create a partnership, franchise, joint venture or agency, and neither party is the other's partner, franchisee, employee, agent or representative. You will not state, infer or hold yourself out to anyone as being associated, affiliated with or endorsed by Smith Distributors, and have no right to obligate or bind Smith Distributors in any manner whatsoever.

Miscellaneous ~ If one or more provisions of these Rules shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be construed as a waiver. Neither your membership, these Rules, nor any of your rights or obligations there under may be assigned, transferred or delegated to any third party without Smith Distributors's prior written consent.

Amendments ~ The Rules may be revised or amended by Smith Distributors at any time in its sole discretion, by posting the revised Rules at www.smithdistributors.com, and the amended Rules will become effective 30 days after posting. No other staffs of Smith Distributors may modify or waive any of these Rules, except in writing signed by the owner of Smith Distributors.

Entire Agreement ~ The agreement you entered when you joined Smith Distributors, Smith Distributors' Privacy Policy, Terms of Use, and these Rules constitute the complete agreement among you and Smith Distributors and supersede any other promise, representation or agreement, whether written or spoken.

 

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