SMAPsolutions.com (“SMAPsolutions”) makes information available on this web site (“Site”) subject to the following terms and conditions(“Terms of Use”). When using SMAPsolutions or any of its products and services, you agree to these terms and conditions. SMAPsolutions reserves the right to change these terms and conditions at any time without notice. Your continued use of the products and service after any changes to these Terms of Use are posted will be considered acceptance of those changes. Any rights not expressly granted herein are reserved by SMAPsolutions. Please check these terms periodically for changes.
General Terms of Use
By using the SMAPsolutions products and services (“Service”), you agree to be legally bound and to abide by the Terms of Use, just as if you had signed this Agreement. If you do not comply with the Terms of Use at any time, SMAPsolutions reserves the right to limit your access to the SMAPsolutions Service. SMAPsolutions may discontinue or alter any aspect of the SMAPsolutions Service, including, but not limited to, (i) restricting the time the SMAPsolutions Service is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the SMAPsolutions Service, at SMAPsolutions’ sole discretion and without prior notice or liability.
In order to permit SMAPsolutions to protect the quality of its products and services, you hereby consent to SMAPsolutions employees being able to access your account and records on a case by case basis to investigate complaints or other allegations or abuse.
You acknowledge that the SMAPsolutions Service may contain information, software or other material (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms existing now or here after developed.
Notice Specific to Software/Script Available on this Web Site
Any software/Script that is made available to download from this Site (“Software”) is the copyrighted work of SMAPsolutions. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SITE OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, SMAPsolutions HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Notices Regarding Software, Documents and Services Available on this Web Site
IN NO EVENT SHALL SMAPsolutions BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS SITE.
Links to Third Party Sites
THE LINKS IN THIS AREA WILL LET YOU LEAVE SMAPsolutions’ SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF SMAPsolutions AND SMAPsolutions IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. SMAPsolutions IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY SMAPsolutions OF THE SITE.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the SMAPsolutions Service, you warrant to SMAPsolutions that you will not use the SMAPsolutions Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the SMAPsolutions Service in any manner which could damage, disable, overburden, or impair the SMAPsolutions Service or interfere with any other party’s use and enjoyment of the SMAPsolutions Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the SMAPsolutions Service.
SMAPsolutions and/or other trademarks are either registered or unregistered trademarks of SMAPsolutions in India and/or other countries. All third party trademarks are property of their respective owners.
Disclaimers
SMAPsolutions is not responsible for any inaccurate or incorrect Content posted on the Web site or in connection with the Service. SMAPsolutions assumes no responsibility for any interruption, omission, error, delay in operation, deletion, defect, communications line failure, destruction, theft or unauthorized access to, or alteration of any user or Member communication. SMAPsolutions is not responsible for the conduct, whether online or offline, of any user of SMAPsolutions or Member of the Service.
The Web site and the Service are provided AS-IS and SMAPsolutions expressly disclaims any warranty of fitness for a particular purpose or non-infringement. SMAPsolutions is not responsible for any problems of telephone network or lines, computer online systems, computer equipment, servers or providers, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including damage or injury to users and/or SMAPsolutions Members or to anyone’s computer related to or resulting from downloading material or participating in connection with the Web and/or in connection with the SMAPsolutions Service.SMAPsolutions cannot guarantee and does not promise any specific results from use of the Web site and/or the Service other than stated guarantees. The service may not be available temporarily from time to time for maintenance purposes or other reasons. No advice or information, whether written or oral, obtained by SMAPsolutions users or through or from the service itself shall create any warranty not expressly stated herein.
Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will SMAPsolutions be liable to you or any third person for any exemplary, indirect, consequential, incidental, special or punitive damages, including also any lost profits arising from your use of the SMAPsolutions Web site or the Services, even if SMAPsolutions has been advised of the possibility of such form of damages.
Notwithstanding anything to the contrary contained herein, SMAPsolutions’ liability to you for whatsoever cause, and regardless of the form of the action, will at all times be limited to the amount that is paid, if any, by you as a member to SMAPsolutions for the Service during the term of the membership.
These Terms of Use shall be governed by the laws of India, without giving effect to its conflict of laws provisions. You agree that the appropriate court(s) in Kottayam, Kerala, India, will have the exclusive jurisdiction to resolve all disputes arising under these Terms of Use and You hereby consent to personal jurisdiction in such forum.
Any claim you may have with respect to your use of the service must be commenced within six months of the cause of action.
Copyright Policy
SMAPsolutions respects the intellectual property of others, and we ask our users to do the same. You may not post, reproduce, or distribute in any way any copyrighted material, trademarks, or other proprietary information of SMAPsolutions without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the SMAPsolutions Web site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.