Legal
By using this site, and whereas
"SMS" shall refer to the entity "Strategic Management Solutions," you
agree to the following terms:
The information
contained on this site does not constitute an offer or solicitation for the sale of any
product or service by SMS . Content is provided for informational purposes and should not
be construed as a substitute for legal or other advice from a professional attorney or
other advisor.
Your use of the
materials on this site, including content, documents, products, software, graphics and
text, and all software, design, programming techniques and documentation used to operate
and support the site, is subject to these terms. You may download material displayed on
this site to your personal computer and you may print one copy of the information
contained on this site solely for your own personal use provided you do not remove any
copyright, trademark or other proprietary notices contained on the materials. Except as
authorized in writing by SMS, no materials from this site or any Web site owned, operated,
licensed or controlled by SMS may be copied, reproduced, duplicated, republished,
uploaded, posted, transmitted, hyperlinked or distributed in any way.
SMS is firmly
committed to maintaining the privacy of all visitors to our site. For more information,
see our Privacy Policy.
SMS may, at any time
and for any reason, stop making this site available and/or remove and discard any
materials within it. Further, SMS shall not be liable to you or any third party for any
modification, suspension or discontinuance of the site.
This site may provide,
or third parties may provide, links to other Web sites or resources. SMS has no control
over such sites and resources, is not responsible for their availability, and does not
endorse and is not responsible or liable for any content, advertising, products, or other
materials on or available from them. SMS shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in connection with
use of such sites or resources. Your use of such sites or resources shall be subject to
the terms and conditions set forth by them.
All rights, title and
interests in and to the site and its materials, including, but not limited to, all patent
rights, copyrights, trade secrets, trademarks, site marks and other inherent proprietary
rights, are retained by SMS or its licensors. Except as expressly authorized by SMS
herein, you agree not to make, copy, display, modify, rent, lease, license, loan, sell,
distribute or create derivative works of the site or its materials in whole or in part.
Any modification of the site or its materials for any purpose is in violation of these
terms.
This site and its
materials are provided "as is" and "as available" and without
warranties of any kind, either express or implied, including, but not limited to, implied
warranties of accuracy, completeness, noninfringement, merchantability and fitness for a
particular purpose, including, without limitation, whether any insurance or other product
described on the site is appropriate to meet your needs.
Without limitation of
the foregoing, SMS makes no warranty that (i) the site will meet your requirements; (ii)
the site will be uninterrupted, timely, secure, or error-free; (iii) the results that may
be obtained from use of the site will be accurate or reliable; (iv) the quality of any
products, sites, information, or other material obtained by you through the site will meet
your expectations; or (v) any errors in the site will be corrected.
Any material viewed,
downloaded or otherwise obtained through the use of the site is done solely at your own
discretion and risk, and you will be solely responsible for any damage to your computer
system or loss of data that results from the viewing or download of any such material.
No information
provided to you through this site shall be the basis for any warranty between you and SMS.
SMS and its officers,
directors, employees, consultants and contractors shall not be liable for any damages,
losses, costs or injuries suffered as a result of or in relation to this site or its
materials, your use of either of the foregoing, or your breach of these terms or
restrictions. In no event shall SMS be liable for any indirect, punitive, special,
incidental, or consequential damages (including, without limitation, loss of sales,
business, revenue, profit, use, data or other economic advantage), however it arises,
whether for breach of contract or in tort, even if SMS has been advised of the possibility
of such damages.
You shall indemnify,
defend and hold SMS harmless from and against all claims, actions, liabilities, damages,
losses, debts, costs and expenses, including, without limitation, reasonable attorneys'
fees, arising out of or relating to (i) your use or modification of this site or its
materials; (ii) any information content or materials submitted or provided by you; or
(iii) your breach of any of these terms or restrictions.
To avoid any
misunderstandings as to ownership or compensation, this site should not be used to submit
ideas, suggestions or materials (collectively, submissions) to SMS. Employees, consultants
and other representatives of SMS have many creative ideas of their own, some of which may
be similar to your submissions. In addition, while you may believe that your submissions
are novel or unique, it is possible that they are otherwise known by SMS or within the
financial or other industries. If, despite our request, you submit any submissions to SMS
via this site, such submissions shall become the property of SMS and you hereby assign to
SMS, without further consideration, all of your rights, title and interests in and to the
same, including, without limitation, any pertinent copyright, trade secret and any other
intellectual property rights. Any additional or different terms of ownership or use
submitted by you in connection with any such submission shall be void. In addition, SMS
shall be under no obligation of confidence with respect to any such submission and shall
not be liable for any use or disclosure of the same.
You also may be
subject to additional terms and conditions that may apply when you use subsidiaries'
sites, third-party content or third-party software. These terms and the relationship
between you and SMS shall be governed by the laws of the State of New York and controlling
United States federal law without regard to conflict of law provisions. The failure of SMS
to exercise or enforce any right or provision of these terms shall not constitute a waiver
of such right or provision. If any provision of these terms is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the provision, and that
the other provisions of these terms shall remain in full force and effect.
The section titles
included in this statement are for convenience only and have no legal or contractual
effect.
SMS reserves the
right, in its sole discretion at any time, to change, modify, add to or delete portions of
these terms and/or the Privacy Policy.
You are bound by any such revisions and should periodically visit this page to review the
most recent terms. Your continuing use of this site following the posting of any such
changes, modifications, additions or deletions shall constitute your acceptance of and
assent to the same. If you decide to purchase services or products from SMS that are
referred to on the site, the terms and conditions specified in the applicable policy or
other agreement with SMS will apply.
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