Terms and Conditions of Use and Legal Notices
By accessing the SMS Equipment Inc. (“SMS Equipment”) Web site (the “Web Site”), you (“you” or “User”) are agreeing to be bound by these Terms and Conditions of Use and Legal Notices, as well as all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms and Conditions of Use and Legal Notices, you are prohibited from using or accessing this Web Site.
Copyright Notice
This Web Site contains copyrighted material which is owned by or licensed to SMS Equipment (the “Copyrighted Material”). This Copyrighted Material may include, but is not limited to, the design, layout, look, appearance and graphics of the Web Site. SMS Equipment retains all copyrights in any text, and logos, graphic or other images owned by SMS Equipment and displayed or hosted on the Web Site. SMS Equipment hereby authorizes you to electronically copy documents published within the Web Site for the purpose of transmitting or viewing the information. You may not mirror, modify or otherwise alter any files or Copyrighted Material published in the Web Site for rebroadcast, print the information contained therein or hide the ownership and authorship of the information without written permission from SMS Equipment. SMS Equipment and the authors of the Copyrighted Material maintain all moral rights in and to all Copyrighted Material published by SMS Equipment on the Web Site.
Trade-mark Notice
This Web Site may contain trade-marks, service marks, logos, icons and trade-names that are the property of SMS Equipment (collectively, the “SMS Trade-marks”) or such other party as is indicated with respect to that trade-mark, service mark, logo, icon, or trade-name. All trade-marks reproduced in the Web Site which are not the property of, or licensed to, SMS Equipment are acknowledged on the Web Site. You are not permitted to use the SMS Trade-marks for any purposes other than those specified in these Terms and Conditions of Use and Legal Notices or as may be agreed to in writing by SMS Equipment.
Except as expressly provided above, nothing contained herein shall be construed as conferring any right to reproduce the Copyrighted Material or use the SMS Trade-marks, or as conferring any other licence or right to any SMS Equipment intellectual property rights, including but not limited to copyright, patent and trade-mark.
No Warranties, Representations, or Conditions
SMS Equipment provides this Web Site and the information available through this Web Site as a convenience for its customers and others. SMS Equipment, its employees, contractors, and agents, and their respective service providers, make no express or implied representation, warranty or condition of: title, non-infringement, merchantability, fitness for a particular purpose, performance, or durability; or that the information available through this Web Site will be accurate, complete, or timely. SMS Equipment, its employees, contractors, and agents, and their respective service providers hereby disclaim all such representations, warranties and conditions to the fullest extent permitted by law.
Unauthorized use of this Web Site may give rise to a claim for damages and/or may be a criminal offense. SMS Equipment, its employees, contractors, and agents, and their respective service-providers, will not be liable to you or any other person for any loss or damage arising from, connected with, or relating to your use of this Web Site or your use of or reliance upon the information available through this Web Site. By using the Web Site, you agree to indemnify and hold harmless SMS Equipment from and against any and all losses, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting directly or indirectly from your use of the Web Site and/or your violation of any of these Terms and Conditions of Use and Legal Notices.
User Conduct
User shall use the Web Site for lawful purposes only. User shall not, and agrees not to use the Web Site to :
1. Post or transmit any material which :
a. violates or infringes in any way upon the rights of others;
b. is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, hateful, profane or otherwise objectionable,
c. encourages conduct that would constitute a criminal offense,
d. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Web Site,
e. gives rise to civil liability or otherwise violates any law, or
f. without SMS Equipment’s express prior approval, contains advertising or any solicitation with respect to product or services;
2. use or attempt to use another User’s account, service, or personal information, or impersonate another person or entity;
3. remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Web Site;
4. advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Users to use or subscribe to other on-line information services competitive with SMS Equipment or the Web Site; or
5. restrict or inhibit any other person from using or enjoying the Web Site or the services and features offered by SMS Equipment through the Web Site.
User shall not, and agrees not to use the Web Site to, upload, post or otherwise make available on the Web Site any material protected by copyright, trade-mark or other proprietary right without the express permission of the owner of the copyright, trade-mark or other proprietary right. The burden of determining that any material is not protected by copyright, trade-mark or other proprietary right rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, trade-marks, and other proprietary rights, or any other harm resulting from the User uploading, posting or otherwise making such material available through the Web Site.
By submitting material to any public area of Web Site, User automatically grants, or warrants that the owner of such material has expressly granted SMS Equipment the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide, and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. By submitting material to any public area of Web Site, User also permits any other User to access, view, collect, use, store or reproduce the material for that other User’s personal use. User hereby grants SMS Equipment the right to edit, copy, publish and distribute any material made available to any public area of Web Site by User.
General Provisions
Your right to access and use the Web Site terminates automatically upon your breach of any of these Terms and Conditions of Use and Legal Notices. SMS Equipment may at its sole discretion, at any time, modify, suspend or terminate the operation of or access to the Web Site or any of the services offered by SMS Equipment through the Web Site, or may interrupt the operation of the Web Site, or any portion of the Web Site, for any reason. The disclaimer of warranties, representations or conditions on the part of SMS Equipment, User’s indemnification of SMS Equipment, and the jurisdiction and applicable law provisions shall survive any termination of your right to access and use the Web Site.
These Terms and Conditions of Use and Legal Notices may be changed, removed, added to or otherwise modified by SMS Equipment from time to time at SMS Equipment’s sole discretion and without any prior notice or liability to you or any other person. We encourage you to periodically review these Terms and Conditions of Use and Legal Notices. All new, amended, or otherwise modified terms take effect immediately. Your continued use of the Web Site subsequent to any modifications to these Terms and Conditions of Use and Legal Notices signifies that you agree to use the Web Site in accordance with the modified Terms and Conditions of Use and Legal Notices.
The collection, use and disclosure of your personal information is governed by the provisions of the 'SMS Equipment Privacy Statement' as may be amended from time to time. A current version of the SMS Equipment Privacy Statement is available here.
These Terms and Conditions of Use and Legal Notices shall be governed and construed according to the laws of the Province of Alberta without regard to its conflict of law provisions. Any claim relating to your use of the Web Site shall be governed by the laws of the Province of Alberta without regard to its conflict of law provisions, and you hereby agree to attorn to the jurisdiction of the courts of Alberta for the purposes of resolving any dispute relating to these Terms and Conditions of Use and Legal Notices or your use of the Web Site.
These Terms and Conditions of Use and Legal Notices constitute the entire agreement between you and SMS Equipment relating to this subject matter and supersede all prior, contemporaneous and future communications (with the exception of future amendments made to the Terms and Conditions of Use and Legal Notices from time to time by SMS Equipment at its sole discretion) between you and SMS Equipment.
Your Comments
If you have any comments questions about these Terms and Conditions of Use and Legal Notices, please contact SMS Equipment Inc. at webmaster@smsequip.com