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Acceptance
of Terms and Conditions
This portion of the Web site mysmartcad.com/terms” governs
your use of our Web site www. mysmartcad.com (“our site”
or “this site”) and/or any portion thereof. Please read
these Terms and Conditions carefully before using our site. By using
our site, you are indicating that you agree to all of the Terms
and Conditions set forth herein. You are also indicating that you
understand Mysmartcad.com may revise the Terms and Conditions from
time to time without providing any notice to you. You should visit
this page periodically to review the Terms and Conditions, because
your continued use of this site after we have revised the Terms
and Conditions will indicate that you accept them as revised. IF
YOU DO NOT ACCEPT THE TERMS AND CONDITIONS, YOU MAY NOT ACCESS THIS
SITE OR USE ANY OF THE PRODUCTS, SERVICES, OR CONTENT PROVIDED ON
OR THROUGH THIS SITE. In these Terms and Conditions, "you"
and “your” refers to any and all individuals and/or
entities accessing this site for any reason.
Use of this Site
You agree not to copy, create derivative works, duplicate, display,
distribute, download, upload, modify, publish, publicly perform,
sell, resell, transmit, transfer, or exploit for any public or commercial
purposes any portion of the “Content,” which is defined
throughout these Terms and Conditions as all of the products, services,
and information including, but not limited to, all of the page headers,
images, graphics, text, logos, button icons, design, layout, software
(including source code), sounds, music, video files, and data (collectively,
the “Content”) provided on mysmartcad.com. You must
retain all copyright, trademarks, service mark, and other proprietary
notices contained in the original content in any authorized copy
that you make of this site. This site may be used only for lawful
purposes by individuals interested in obtaining information about
our products and services. You are not authorized to use this site
or Content, except as indicated above, in any manner, including,
without limitation: (1) in violation of any applicable law, order,
or regulation; (2) in a way that will infringe the copyright, trademark,
trade secret, or other intellectual property rights of others or
violate the privacy, publicity, or other personal rights of others;
(3) that is defamatory, obscene, threatening, abusive, or hateful;
or (4) that violates the Terms of Use Agreements or other agreements
for certain products or services. In addition, you shall not breach
the security of this site, including, without limitation: (1) accessing
data not intended for you or logging into a server account that
you are not authorized to access; (2) attempting to probe, scan,
or test the vulnerability of a system or network or to breach a
security or authentication measure of this site and/or Content without
proper authorization; and/or (3) using viruses, spamming, flooding,
etc. to interfere with service to any user, host, or network.
Personal Information
You may view information on this site without providing any personal
information to mysmartcad.com. However, if you decide to provide
personal information to mysmartcad.com, it is your responsibility
to maintain and promptly update such information.mysmartcad.com
cannot and will not be liable for any loss or damage arising from
the use of our Web site mysmartcad.com (“our site” or
“this site”) and/or any portion thereof.
Electronic Communications
You agree that all agreements, notices, disclosures, and other communications
provided by mysmartcad.com to you electronically satisfy any legal
requirement that such communications be in writing.
NO WARRANTIES
THIS SITE AND ITS CONTENT ARE PROVIDED TO YOU ON AN "AS IS"
AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND.
YOU ACKNOWLEDGE THAT NEITHER MYSMARTCAD NOR ANY OF ITS DIRECTORS,
OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, AND AGENTS, NOR
ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING ANY
CONTENT ON MYSMARTCAD.COM MAKES ANY GUARANTIES OR WARRANTIES, EXPRESSED,
IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITE AND CONTENT OR ANY
OTHER MATTER, INCLUDING, WITHOUT LIMITATION: WARRANTIES REGARDING
THE ACCURACY OR COMPLETENESS OF ANY CONTENT, WARRANTIES THAT THE
CONTENT WILL BE FREE OF ERRORS, OR WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT OF THIRD-PARTY
RIGHTS.
MYSMARTCAD MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS
SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR
TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU
OBTAIN FROM OR PROVIDE TO THE SITE IS FREE OF VIRUSES, TROJAN HORSES,
WORMS, TIME BOMBS, CANCELBOTS, AND OTHER COMPUTER PROGRAMMING ROUTINES
OR ENGINES THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE
WITH, SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA,
OR INFORMATION.
LIMITATION OF LIABILITY
MYSMARTCAD AND ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES,
AFFILIATES, AND AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS,
COST, DAMAGE, OR OTHER INJURY, OF ANY KIND WHATSOEVER, WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT
OF OR CAUSED IN WHOLE OR IN PART BY: (1) YOUR USE OF, INABILITY
TO USE, OR RELIANCE ON ANY PART OF THIS SITE OR CONTENT; (2) ANY
ERRORS OR OMISSIONS IN ANY PART OF THE SITE OR IN ANY CONTENT ON
THE SITE; OR (3) MYSMARTCAD.COM OR ANY OTHER PERSON'S PERFORMANCE
OF ANY OBLIGATIONS UNDER OR IN CONNECTION WITH THE TERMS AND CONDITIONS.
IN NO EVENT WILL MYSMARTCAD.COM OR ANY OF ITS DIRECTORS, OFFICERS,
EMPLOYEES, REPRESENTATIVES, AFFILIATES, OR AGENTS BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY PUNITIVE, CONSEQUENTIAL, DIRECT, INCIDENTAL,
INDIRECT, SPECIAL, EXEMPLARY, OR SIMILAR DAMAGES EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE.
You expressly agree that use of this site and Content on mysmartcad.com
is at your own risk. Any Content downloaded or otherwise acquired
through this site is obtained at your own initiative and you are
solely responsible for any damage to your computer system or loss
of data resulting from such Content.
Linked Sites
On this site there are some links to Web sites maintained by third
parties over which Mysmartcad has no control. We take no responsibility
for the accuracy, content, or any aspect of such third-party material,
and disclaim any liability to you for such content or for any consequence
of your decision to use the links provided on mysmartcad.com or
the content on third-party Web sites. We also disclaim all liability
and make no representations or warranties for any products or services
sold or provided to you by any third party. Your purchase of products
or services through a third-party site is subject to agreements
and/or the terms and conditions in effect between you and the providers
of products and services at those other sites. You agree that you
shall not bring a suit or claim against Mysmartcad or any of our
affiliates arising from or based on your purchase or use of products
or services or the content through such third-party sites.
Links do not imply that Mysmartcad sponsors, endorses, is affiliated
or associated with, or is legally authorized to use any trademark,
trade name, logo, or copyright symbol displayed in or accessible
through the links, or that any linked site is authorized to use
any trademark, trade name, logo, or copyright symbol of Mysmartcad.
Modifications
Mysmartcad reserves the right to modify this site and the Terms
and Conditions and any other policies governing the site at any
time. Modifications may be posted on the site, and users are deemed
to be apprised of and bound by any changes.
Termination and Investigations
Mysmartcad, in its sole discretion, reserves the right to decline,
suspend, terminate, alter, and/or modify your access to this site
and any and all Content on this site at any time and for any reason,
including those set forth above under “Use of this Site”.
If we believe your conduct and/or any information you provide to
the site materially fails to conform to the Terms and Conditions,
we reserve the right to investigate, involve, report to, and cooperate
with law enforcement, governmental, or other authorities concerning
such conduct, and to pursue a civil lawsuit, criminal prosecution,
or other action for any alleged or actual illegal, fraudulent, or
other unauthorized activities involving this site or any of the
services provided herein, with or without notice. Any report made
to law enforcement, governmental or other authorities may be made
without notice to you. However, subject to our discretion or where
compelled to do so, we may notify you of termination of your access
to this site via e-mail or other written notice to the address you
may have provided to us. After the termination, you will not be
authorized to access or use the service, and you shall cease all
such access and use. Upon termination, you agree to immediately
discontinue your use of the site and destroy all Content obtained
from it.
General
Your agreement to the Terms and Conditions does not confer any rights,
remedies, or benefits upon any person other than you and Mysmartcad.
You may not assign any rights under these Terms and Conditions without
the prior written consent of Mysmartcad. The Terms and Conditions
shall be binding on and inured to the benefit of the parties and
their respective successors and assigns. Should any provision of
the Terms and Conditions be held to be void, invalid, unenforceable,
or illegal by a proper legal authority, the validity and enforceability
of the other provisions shall not be affected.
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