Effective Date: This Terms of Use Agreement was last updated on 10/11/11.
This Terms of Use Agreement sets forth the standards of use of the The Smart Voter,
LLC Online Service. By using the TheSmartVoter™ website you (the “Member”)
agree to these terms and conditions. If you do not agree to the terms and conditions
of this agreement, you should immediately cease all usage of this website. We reserve
the right, at any time, to modify, alter, or update the terms and conditions of
this agreement without prior notice. Modifications shall become effective immediately
upon being posted at TheSmartVoter™ website. Your continued use of the Service
after amendments are posted constitutes an acknowledgement and acceptance of the
Agreement and its modifications. Except as provided in this paragraph, this Agreement
may not be amended.
- Description of Service
The Smart Voter, LLC is providing Member with informational services. Member must
provide (1) all equipment necessary for their own Internet connection, including
computer and modem and (2) provide for Member’s access to the Internet, and (3)
pay any fees related with such connection.
- Disclaimer of Warranties.
The site is provided by The Smart Voter, LLC on an “as is” and on an “as available”
basis. To the fullest extent permitted by applicable law, The Smart Voter, LLC makes
no representations or warranties of any kind, express or implied, regarding the
use or the results of this web site in terms of its correctness, accuracy, reliability,
or otherwise. The Smart Voter, LLC shall have no liability for any interruptions
in the use of this Website. The Smart Voter, LLC disclaims all warranties with regard
to the information provided, including the implied warranties of merchantability
and fitness for a particular purpose, and non-infringement. Some jurisdictions do
not allow the exclusion of implied warranties, therefore the above-referenced exclusion
is inapplicable.
- Limitation of Liability
THE SMART VOTER, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR
THE SMART VOTER, LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL,
OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF
USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN
IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN
EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE SMART VOTER, LLC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME
OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.
- Indemnification
Member agrees to indemnify and hold The Smart Voter, LLC, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim or demand, including
reasonable attorneys’ fees and costs, made by any third party due to or arising
out of Member’s use of the Service, the violation of this Agreement, or infringement
by Member, or other user of the Service using Member’s computer, of any intellectual
property or any other right of any person or entity.
- Modifications and Interruption to Service
The Smart Voter, LLC reserves the right to modify or discontinue the Service with
or without notice to the Member. The Smart Voter, LLC shall not be liable to Member
or any third party should The Smart Voter, LLC exercise its right to modify or discontinue
the Service. Member acknowledges and accepts that The Smart Voter, LLC does not
guarantee continuous, uninterrupted or secure access to our website and operation
of our website may be interfered with or adversely affected by numerous factors
or circumstances outside of our control.
- Third-Party Sites
Our website may include links to other sites on the Internet that are owned and
operated by online merchants and other third parties. You acknowledge that we are
not responsible for the availability of, or the content located on or through, any
third-party site. You should contact the site administrator or webmaster for those
third-party sites if you have any concerns regarding such links or the content located
on such sites. Your use of those third-party sites is subject to the terms of use
and privacy policies of each site, and we are not responsible therein. We encourage
all Members to review said privacy policies of third-parties’ sites.
- Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors
or collected from publicly available sources. While The Smart Voter, LLC makes every
effort to ensure that the information on this website is accurate, we can make no
representations or warranties as to the accuracy or reliability of any information
provided on this website.
The Smart Voter, LLC makes no warranties or representations whatsoever with regard
to any product provided or offered by any Vendor, and you acknowledge that any reliance
on representations and warranties provided by any Vendor shall be at your own risk.
- Governing Jurisdiction of the Courts
Our website is operated and provided in the State of Mississippi. As such, we are
subject to the laws of the State of Mississippi, and such laws will govern this
Terms of Use, without giving effect to any choice of law rules. We make no representation
that our website or other services are appropriate, legal or available for use in
other locations. Accordingly, if you choose to access our site you agree to do so
subject to the internal laws of the State of Mississippi.
- Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance
with any such laws. Member may not use the Service in any way that violates applicable
state, federal, or international laws, regulations or other government requirements.
Member further agrees not to transmit any material that encourages conduct that
could constitute a criminal offense, give rise to civil liability or otherwise violate
any applicable local, state, national, or international law or regulation.
- Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics,
interfaces, and the selection and arrangements thereof is ©2011 The Smart Voter,
LLC, with all rights reserved, or is the property of The Smart Voter, LLC and/or
third parties protected by intellectual property rights. Any use of materials on
the website, including reproduction for purposes other than those noted above, modification,
distribution, or replication, any form of data extraction or data mining, or other
commercial exploitation of any kind, without prior written permission of an authorized
officer of The Smart Voter, LLC is strictly prohibited. Members agree that they
will not use any robot, spider, or other automatic device, or manual process to
monitor or copy our web pages or the content contained therein without prior written
permission of an authorized officer of The Smart Voter, LLC.
The Smart Voter™ and TheSmartVoter.com™ are proprietary marks of The Smart
Voter, LLC. The Smart Voter, LLC’s trademarks may not be used in connection with
any product or service that is not provided by The Smart Voter, LLC, in any manner
that is likely to cause confusion among customers, or in any manner that disparages
or discredits The Smart Voter, LLC.
All other trademarks displayed on The Smart Voter, LLC’s website are the trademarks
of their respective owners, and constitute neither an endorsement nor a recommendation
of those Vendors. In addition, such use of trademarks or links to the web sites
of Vendors is not intended to imply, directly or indirectly, that those Vendors
endorse or have any affiliation with The Smart Voter, LLC.
- Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the
Digital Millennium Copyright Act, TheSmartVoter™ designates the following individual
as its agent for receipt of notifications of claimed copyright infringement.
By Mail:
C. Craig Brewer
1888 Main Street, Suite C #253
Madison, MS 39110
By Telephone: (601) 405-1686
By Email: admin@thesmartvoter.com
- Botnets
The Smart Voter, LLC retains the right, at our sole discretion, to terminate any
accounts involved with botnets and related activities. If any hostnames are used
as command and control points for botnets, The Smart Voter, LLC reserves the right
to direct the involved hostnames to a honeypot, loopback address, logging facility,
or any other destination at our discretion.
- Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable
for any reason, the other provisions (and any partially-enforceable provision) shall
not be affected thereby and shall remain valid and enforceable to the maximum possible
extent. You agree that this Terms of Use Agreement and any other agreements referenced
herein may be assigned by The Smart Voter, LLC, in our sole discretion, to a third
party in the event of a merger or acquisition. This Terms of Use Agreement shall
apply in addition to, and shall not be superseded by, any other written agreement
between us in relation to your participation as a Member. Member agrees that by
accepting this Terms of Use Agreement, Member is consenting to the use and disclosure
of their personally identifiable information and other practices described in our
Privacy Policy Statement.
