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Terms and Conditions
Company Info: User Agreement
1. GENERAL RULES AND DEFINITIONS1.1 This User Agreement, which includes the Operating Rules set forth herein, constitutes User's Agreement with the Smartmoovz® , Inc. ("Smartmoovz® "), with respect to User's use of the Smartmoovz® website and its content (the "Smartmoovz® website and its content" or the "Smartmoovz® website and its content"). User must agree to abide by all of the terms and conditions contained in the User Agreement in order to become or remain an authorized User of Smartmoovz®.
1.2 Each use of the Smartmoovz® website and its content by User constitutes User's agreement and continued agreement, as applicable, with the terms and conditions of this User Agreement. Smartmoovz® reserves the right, at its discretion, to change, modify, add or remove portions of this User Agreement at any time, with or without notice.
1.3 IF THESE OPERATING RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO USER, OR CAUSE USER TO NO LONGER BE IN COMPLIANCE WITH THE USER AGREEMENT, USER MAY CANCEL USER BY SENDING E-MAIL TO: customersupport@Smartmoovz.com (SEE SECTION 9 REGARDING TERMINATION OF Smartmoovz® WEBSITE AND ITS CONTENT). USER'S CONTINUED USE OF THE Smartmoovz® WEBSITE AND ITS CONTENT NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE TERMS OF Smartmoovz® WEBSITE AND ITS CONTENT, WILL CONSTITUTE A BINDING ACCEPTANCE BY USER OF SUCH RULES, CHANGES, OR MODIFICATIONS.
1.4. Smartmoovz® may change, suspend, or discontinue any aspect of the Smartmoovz® Smartmoovz® website and its content at any time, including the availability of any feature, database, or content.
2. Smartmoovz® CONTENT AND USER SUBMISSIONS
2.1 The contents of Smartmoovz® are intended for the personal, noncommercial use of its registered Users who have agreed to and accepted these Terms and Conditions. All materials published on Smartmoovz® ("Content") are protected by copyright, and owned or controlled by Smartmoovz® , or the party credited as the provider of the Content. User shall abide by all additional copyright notices, information, or restrictions contained by any Content accessed through Smartmoovz® .
2.2. Smartmoovz® is protected by copyright as a collective work or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. User may not modify, publish, transmit, participate in the transfer of sale of, reproduce (except as provided in this section of the User Agreement), create derivative works from, distribute, perform, display, or in any way exploit, any of Smartmoovz® , or its Content, in whole or in part.
2.3 User may download or copy Content and other downloadable items displayed on Smartmoovz® for personal use only, provided that User abides by all copyright and other notices contained in such Content. User shall not store any significant portion of any Content owned by, or licensed to Smartmoovz® , in any form. Copying and storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission of Smartmoovz® , or the copyright holder identified in the individual Content's copyright notice.
3. ACCESS AND AVAILABILITY OF Smartmoovz® WEBSITE AND ITS CONTENT AND LINKS
Smartmoovz® contains links to other related World Wide Web Internet sites, resources, and sponsors of Smartmoovz® . Smartmoovz® is not responsible for the availability of these outside resources, or their contents.4. INDEMNITY; DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY; EXCLUSIONS AND LIMITATIONS
4.1 Indemnity. User agrees to indemnify and hold Smartmoovz® , and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content available through the Smartmoovz® website and its content, his or her use of the Smartmoovz® website and its content, his or her connection to the Smartmoovz® website and its content, his or her violation of the User Agreement, or his or her violation of any right of another User.
4.2 Disclaimer of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE Smartmoovz® WEBSITE AND ITS CONTENT IS AT YOUR SOLE RISK. THE Smartmoovz® WEBSITE AND ITS CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Smartmoovz® EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Smartmoovz® MAKES NO WARRANTY THAT (i) THE Smartmoovz® WEBSITE AND ITS CONTENT WILL MEET YOUR REQUIREMENTS, (ii) THE Smartmoovz® WEBSITE AND ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Smartmoovz® WEBSITE AND ITS CONTENT WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE Smartmoovz® WEBSITE AND ITS CONTENT WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Smartmoovz® WEBSITE AND ITS CONTENT IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Smartmoovz® OR THROUGH OR FROM THE Smartmoovz® WEBSITE AND ITS CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE USER AGREEMENT.4.3 Limitations of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Smartmoovz® SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE , DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Smartmoovz® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE Smartmoovz® WEBSITE AND ITS CONTENT; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR Smartmoovz® WEBSITE AND ITS CONTENTS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE Smartmoovz® WEBSITE AND ITS CONTENT; (iii) UNAUTHORIZED ACCESS TO OR ALTERNATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE Smartmoovz® WEBSITE AND ITS CONTENT; OR (v) ANY OTHER MATTER RELATING TO THE Smartmoovz® WEBSITE AND ITS CONTENT.4.4 Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 4.2 AND 4.3 MAY NOT APPLY TO YOU.5. REGISTRATION AND SECURITY
5.1 User is available to anyone who registers all the required information, provides an accurate, legitimate e-mail address, and obtains a unique Smartmoovz® User Name and password. EACH PERSON IS PERMITTED TO HAVE ONLY ONE USER. Smartmoovz® reserves the right to refuse any User, subject to applicable state and federal laws, or cancel any User due to a violation of this section 5.1.
5.2 As part of the registration process, User will select a password and User name, or have their password and user name be selected for them by Smartmoovz® ("Smartmoovz® ID"). User shall provide Smartmoovz® with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User's account. User may not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the Rights of any person other than User without authorization; or (iii) use a screen name that Smartmoovz® , in its sole discretion, deems offensive.
5.3 (a) User shall immediately notify Smartmoovz® of any known or suspected unauthorized use(s) of User's account, by sending e-mail to "customersupport@Smartmoovz.com".
5.4 User must be 18 years or older to become a User of Smartmoovz® and a resident of the United States or Canada or have the permission of a parent or guardian as set forth below.
5.5 You are encouraged to maintain the confidentiality of your Smartmoovz® password. Each User is responsible for all usage or activity on his or her Smartmoovz® account, including use of the account by any third party authorized by User to use User's Smartmoovz® ID and password.
5.6 Smartmoovz® has no control over the Internet and cannot prevent the interception of information by unauthorized parties. Accordingly, under no circumstances will Smartmoovz® be responsible for any loss or damage incurred by you as the result of unauthorized interception or decryption of information transmitted by you to Smartmoovz® .
6. COMMUNICATIONS AND PRIVACY
6.1 Smartmoovz® reserves the right to send electronic mail ("e-mail") to any and all Users, for the purpose of informing them of changes or additions to the Service, or of any Smartmoovz® related products and services. However, at any time, you may request that we discontinue such e-mail notifications to you by e-mailing such request to customersupport@Smartmoovz.com.
6.2 Smartmoovz® agrees to abide by its Privacy Policy in effect from time to time.
6.3 ??
6.4 E-mails and other communications (other than registration information) with Smartmoovz® by User are not private and may be published and edited at the discretion of Smartmoovz® unless specifically instructed otherwise.
6.5 You may be asked by third party Web sites viewed via Smartmoovz® to release your personal identifying information. You are never required to release this information, and whether you do is optional and strictly up to you. However, if you do release your personal information to a third party Web site viewed via Smartmoovz® , Smartmoovz® will not be responsible for any adverse consequences that may result therefrom.
7. TERMINATION
7.1 Smartmoovz® may, in its sole discretion, terminate or suspend User's access to all or part of the Smartmoovz® website and its content for any reason, including, without limitation, breach of the User Agreement, or assignment of the User Agreement by User.
7.2 User may terminate User's account at any time by sending email to "customersupport@Smartmoovz.com" and stating intention to terminate. Upon termination, User will receive a confirmation via e-mail that the request was received, and User's access will be suspended within 24 hours.
8. TERMS OF USE
Smartmoovz® provides the information prepared by third parties not under Smartmoovz® control regarding health and fitness matters to its Users and other users. This information may include links to third party web sites and advertisers, which the reliability or truthfulness of the information, are not under the control of Smartmoovz® or its affiliates. This information and these links are provided for convenience only and are not intended as an endorsement by Smartmoovz® or its affiliates of the organization or individual operating the web site or a warranty of any type regarding the web site or the content, goods, services, information and other materials available on the web site. Any correspondence or business dealings with such third parties, including payment, delivery of goods or services, or any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party. In no event will Smartmoovz® or its affiliates be responsible or liable for any loss or damage of any sort incurred as a result of such information or any such dealings, or otherwise caused or alleged to be caused by or in connection with the use of or reliance on any information, content, goods, services, information or other materials available on or through any such third party or third party site.9. MISCELLANEOUS
9.1 This User Agreement has been made in and shall be construed and enforced in accordance with Georgia law. Any action to enforce this agreement shall be brought in the federal or state courts located in Atlanta, Georgia.
9.2 In the event of any litigation arising out of the term or performance of this agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs.
9.3 Official correspondence must be sent via first-class certified mail to:
Smartmoovz® Inc. Attn: Smartmoovz® Customer Support
1075 Charleston Lane, Roswell, Georgia 30075
This User Agreement was last modified on May 16, 2003.
