All of SMSB’s trademarks, trade names, logo, slogans, service marks, service names, product names, and intellectual property, whether or not delineated in large print or with trademark symbols or in any other fashion, are trademarks and/or intellectual property of SMSB. Nothing on this Web site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on or through the Web site without the prior written permission by a duly authorized representative of SMSB, except as otherwise expressly described herein.
You or third parties acting on your behalf may not: (i) use contact information provided on this Web site for unauthorized purposes, including marketing; (ii) use any hardware or software intended to damage or interfere with the proper working of the Web site or to surreptitiously intercept any system, data or personal information from the Web site; (iii) interrupt or attempt to interrupt the operation of the Web site in any way; (iv) frame this Web site or use SMSB’s proprietary marks, or any mark, word, term or slogan likely to be confused therewith, as meta tags or anything else, without duly authorized prior written consent from an authorized representative of SMSB; (v) use frames or utilize framing techniques or technology to enclose any content included on the Web site; (vi) mirror any of the content from this Web site on another Web site or in any other media; or (vii) utilize any Web site content in any meta tags or any other “hidden text” techniques or technologies.
Information on this Web site is not promised or guaranteed to be correct, current, or complete, and this Web site may contain technical inaccuracies or typographical errors. SMSB assumes no responsibility (and expressly disclaims responsibility) for updating this Web site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this Web site.
SMSB provides no assurances that any reported problems will be resolved by SMSB, even if SMSB elects to provide information with the goal of addressing a problem.
Confidential and Proprietary Information
SMSB does not want to receive confidential or proprietary information from you. Please note that any material sent to SMSB will be deemed NOT to be confidential or proprietary. By sending SMSB any information or material, you grant SMSB an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information without liability of any kind. You also agree that SMSB is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose and without liability of any kind.
Information SMSB publishes on the World Wide Web may contain references or cross references to SMSB products, programs and services that are not announced or available in your country. Such references do not imply that SMSB intends to announce or make available such products, programs, or services in your country.
Links or References to Non-SMSB Web Sites and Resources
This Web site may provide links or references to non-SMSB Web sites and resources. SMSB makes no representations, warranties, or other commitments whatsoever about any non-SMSB Web sites or third-party resources (including any Webphoria Web site) that may be referenced, accessible from, or linked to this Web site. A link to a non-SMSB Web site does not mean that SMSB endorses the content or use of such Web site or its owner. In addition, SMSB is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from this Web site. Accordingly, you acknowledge and agree that SMSB is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.
When you access a non-SMSB Web site, even one that may contain the SMSB-logo, please understand that it is independent from SMSB, and that SMSB does not control the content on that Web site. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.
Linking To This Web Site
All links to this Web site must be approved in writing by SMSB, except that SMSB consents to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Web site or use other techniques that alter in any way the visual presentation or appearance of any content within this Web site; (b) misrepresent your relationship with SMSB; (c) imply that SMSB approves or endorses you, your Web site, or your service or product offerings; and (d) present false or misleading impressions about SMSB or otherwise damage the goodwill associated with the SMSB name or trademarks. As a further condition to being permitted to link to this Web site, you agree that SMSB may at any time, in its sole discretion, terminate permission to link to this Web site. In such event, you agree to immediately remove all links to this Web site and to cease using any SMSB trademark.
Certain text in this Web site may be made available in languages other than English. Text may be translated by a person or solely by computer software with no human intervention or review. These translations are provided as a convenience to you, and SMSB makes no representations or commitments regarding the accuracy or completeness of the translation, whether or not computer-generated or performed by a person. Please see the below Disclaimer of Warranty for additional conditions.
DISCLAIMER OF WARRANTY
USE OF THIS WEB SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. SMSB EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, SMSB MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT WILL SMSB BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF SMSB IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
Jurisdiction and Applicable Law
All remedies set forth herein are cumulative and in addition to and not in lieu of any other remedy of SMSB at law or in equity.
Last updated October 1, 2017.