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| TERMS OF USE AND
SERVICE Welcome to SmartZoid! SmartZoid Research Corp. (hereafter called “SmartZoid”) provides its services to you (You), subject to the following Terms and Conditions of Use. If you do not agree to these Terms and Conditions, do not access this Site or use any of the Services provided by SmartZoid. SmartZoid may at its sole discretion modify these Terms and Conditions of Use at any time and such modifications will be effective immediately upon being posted on this Site. Your continued use of this Site and our Services will indicate your acceptance of these modified Terms and Conditions of Use. CHANGES TO THE SITE Changes may be made at any time to the information, names, text, software and programs, images, pictures, logos, trade-marks, products, services, content and its structure and any other material displayed on, offered through or contained on this site. SmartZoid may also discontinue some or all of its services it provides under this agreement. You agree to be bound by any changes SmartZoid may reasonably make to this agreement when such changes become effective. LINKS This Site, the services and the Software Programs may contain links to, or references to third party websites, services, software programs and information. These links are provided for your convenience only. You agree that SmartZoid does not provide any endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Site. Any information, data, opinions, recommendation, products, marketing promotions, software programs, or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of SmartZoid or its affiliates. Your use of such third party websites and their services is subject to the terms and conditions of use and the privacy policies of such website and their owners. RELIANCE ON INFORMATION This Site may include inaccuracies or typographical errors that may be corrected as they are discovered at SmartZoid's sole discretion. PRICE AND AVAILABILITY The products and services offered or referred to on this Site are subject to availability and subject to change at anytime with out any notice. The prices stated for such products and services are subject to change without notice. REVIEWS, FEEDBACK, SUBMISSIONS and TRANSMISSIONS You may submit your feedback, comments related to SmartZoid and its services, or using SmartZoid services such as Refer-A-Friend or Tell-A-Friend to transmit content to some one. You By posting Content or the Content or data that is generated because of You using the Site, you grant SmartZoid and its subsidiaries and affiliates a nonexclusive, royalty-free right to use, perpetual, irrevocable, display, adapt, modify, copy, reproduce, distribute, publish, translate, promote, and create derivative works from, the Content, anywhere in the world, in any form, in any media, and for any purpose, and to sublicense any or all of the foregoing rights to others. Further, you represent and warrant that you own or otherwise control all rights to the Content and that use or public posting of the Content will not infringe upon or otherwise violate the rights of any third party, including, without limitation, any copyright, trademark, or other intellectual property right, right of privacy, or any other rights of any nature. Your Content may not cause injury to any person or entity. Furthermore, no Comment submission may contain libelous or otherwise unlawful, abusive or obscene material. Content may not contain software viruses, political campaign material, commercial solicitations, chain letters, mass mailings or any form of "spam." The member submitting the Comment is solely responsible for any losses, costs, expenses and damages that result from any violations of SmartZoid's policies regarding Content. Content posted on SmartZoid websites may, at our sole discretion, be monitored, edited or removed with or without notice. However, SmartZoid does not, and is not obligated to, regularly review posted Content. By submitting Content, you grant SmartZoid the right to use your submitted name in connection with your Content. Such information will not be confidential and may be published or disclosed in SmartZoid's sole discretion, without any compensation to you. SmartZoid may, but is not obligated to, respond to any Content. You agree not to use a false email address, impersonate any person or entity, or otherwise misrepresent your identity or the origin of any Content you may submit. You alone shall be fully responsible for any content contained within your Comment submissions, and you agree to indemnify SmartZoid and its affiliates for any and all claims resulting from Content you submit. To SmartZoid and its affiliates accept no responsibility. You agree that you are solely responsible for any Content transmitted or distributed using the services available including Refer-A-Friend and Tell-A-Friend in SmartZoid. You agree that you will not use these services for chain letters, mass mailings or any form of "spam. SmartZoid may, at our sole discretion, review, remove, or otherwise block information contained in those transmissions. INTELLECTUAL PROPERTY The materials displayed on or contained within this Site including, without limitation, all Site software, the entire content and its structure, design, text, editorial materials, informational text, photographs, illustrations, games, audio clips, video clips, short features, artwork and other graphic materials, and names, logos, trademarks, service marks (the "Materials"), are the property of SmartZoid or its licensors and are protected by copyright, trademark and other intellectual property laws. SmartZoid name, design and related marks are trademarks of SmartZoid Research Corp © 2003-2006. All rights reserved. SmartZoid hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Materials for noncommercial and personal use only; provided that you maintain all copyright and other notices contained in such Materials. You agree not to reproduce, modify, create derivative works from, display, perform, distribute, disseminate, broadcast or circulate any Materials to any third party (including, without limitation, the display and distribution of Materials via a third part website) without express prior written consent of SmartZoid Inc. Use of Materials is only permitted with the express written permission of SmartZoid Inc. and/or its licensors. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Materials. This Section will survive the termination of your right to use this Site. DISCLAIMER OF WARRANTIES THIS SITE, ITS CONTENTS, AND ANY SOFTWARE, PRODUCTS, SERVICES, CONTENT AND ITS STRUCTURE OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS. SMARTZOID MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE, ITS CONTENTS, OR SUCH SOFTWARE PRODUCTS, CONTENT AND SERVICES, AND DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE., NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THIS SITE, ITS CONTENT OR ANY LINKS, ANY SOFTWARE, TOOLS, CONTENT, TIPS, PRODUCT OR SERVICES PROVIDED THROUGH THIS SITE. IN ADDITION, SMARTZOID DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. IN ADDITION, WE MAKE NO WARRANTY THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS WILL BE CORRECTED. LIMITATION OF LIABILITY IN NO EVENT SHALL SMARTZOID, ITS AFFILIATES, SMARTZOID LICENSEES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH: THIS SITE; ANY MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THIS SITE; ANY SOFTWARE, CONTENT, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THIS SITE; ANY LINK PROVIDED ON THIS SITE; AND YOUR ACCOUNT AND PASSWORD, WHETHER OR NOT SMARTZOID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS SITE. YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS SITE. INDEMNIFICATION You agree to indemnify and hold harmless SmartZoid and its affiliates and their respective directors, officers, employees, agents or other representatives from and against all claims, liability and expenses, including all legal fees and costs arising from or relating to (a) your breach of these Terms and Conditions of Use; and (b) your use of this Site including transmission or placement of information or material by you on this Site. This provision shall survive the termination of your right to use this Site and the Services provided by SmartZoid. DISPUTE RESOLUTION All claims, disputes or controversies (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to: (a) these Terms and Conditions of Use; (b) this Site, the products and Services; (c) any advertisement or promotion relating to these Terms and Conditions of Use or this Site, or services or products; or (d) transactions effectuated through this Site, or (e) the relationship which results from these Terms and Conditions of Use (including relationships with third parties who are not party to these Terms and Conditions of Use) (collectively "Claims"), will be referred to and determined by binding arbitration governed by the Federal Arbitration Act and administered by the American Arbitration Association under its rules for the resolution of consumer-related disputes, or under other mutually agreed procedures. Because this method of dispute resolution is personal, individual and provides the exclusive method for resolving such disputes, you further agree, to the extent permitted by applicable laws, to waive any right you may have to commence or participate in any class action or class-wide arbitration against SmartZoid related to any Claim. This provision shall survive the termination of your right to use this Site SMARTZOID ONLINE SERVICE AND PAYMENT In consideration for the services and products ("Service") purchased by you and provided to you by SmartZoid, you agree to pay SmartZoid at the time Service is provided. Payment is to be made by you providing a valid Payment Card for charge by SmartZoid, and is non-refundable. You agree that, your Payment Card will be charged monthly (if you have chosen a monthly payment plan during the registration) or annually (if you have chosen a yearly payment plan) as per the Online periodic subscription fee (plus applicable taxes). If for any reason SmartZoid is unable to charge your credit card with the full amount owed SmartZoid for the service provided, or if SmartZoid is charged back for any fee it previously charged to the credit card you provided, you agree that SmartZoid may pursue all available remedies in order to obtain payment. You agree that among the remedies SmartZoid may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation of your account and the withholding of all test and assessment reports. You are solely responsible for any and all fees charged to your Payment Method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, in-sufficient funds and over the credit limit fees. FEES RELATING TO YOUR PAYMENT METHOD You are solely responsible for any and all fees charged to your Payment Method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, in-sufficient funds and over the credit limit fees. SUBSCRIPTION, PASSWORD AND SECURITY You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree that, SmartZoid, or its affiliates or third parties providing service to SmartZoid cannot and will not be liable for any breach of security, theft of information, loss or damage regarding your account. You agree to immediately notify SmartZoid of any unauthorized use of your password or account or any other breach of security. Further, you agree to ensure that you exit from your account and close the browser at the end of each session. CANCELLATION OF SERVICE You may cancel your account at any time as per the cancellation policy available at the point of time of your cancellation. For the current cancellation policy please refer the following link. http://www.smartzoid.com/cancel.php CANCELLATION OR CHANGES TO PROGRAM BY SMARTZOID SmartZoid may make changes to the SmartZoid Online service, including any promotional offers and free trials, at any time, and from time to time, without prior notice. In addition, SmartZoid may change the SmartZoid Online periodic subscription fees anytime without prior notice. You agree that, unless you cancel your membership prior to the effective date of the change, you will be charged the new applicable SmartZoid Online periodic subscription fee (plus applicable taxes) on each anniversary date after the effective date of such change, and you authorize SmartZoid to charge the new applicable periodic subscription fee (plus applicable taxes) to your Payment Card. SmartZoid reserves the right to suspend or end the SmartZoid Online service (including, without limitation, ceasing to offer one or all of SmartZoid Online subscription plans, promotional offers or free trials) without prior notice, in SmartZoid's sole discretion. SmartZoid also reserves the right to suspend or end the SmartZoid Online service in certain geographic areas without prior notice, in SmartZoid's sole discretion. You may cancel your subscription membership at any time. Void where prohibited. SMARTZOID INITIATED CANCELLATIONS AND TERMINATION SmartZoid may suspend or cancel your subscription to SmartZoid's services, or otherwise restrict your use of SmartZoid Online, in SmartZoid's sole discretion, with or without cause. You agree that, in addition to other events set forth in this agreement, your ability to use any of the services provided by SmartZoid is subject to cancellation or suspension in the event there is an unresolved breach of this agreement and/or suspension or termination is required by any policy now in effect. In the event of any such suspension or termination of your paid subscription without cause You shall be entitled to a refund as provided in our current cancellation policy. In the event You breach this Agreement, in addition to the right to immediately terminate the enrollment of You and any student enrolled by You, You will not get any refund and SmartZoid shall be entitled to all other remedies available at law or equity. CLOSING THE ACCOUNT You agree that, your paid subscription account will be closed for several reasons including the breach of contract by you, your non payment for services provided by SmartZoid, and your request to cancel the services, or SmartZoid initiated cancellations. In the event that your account is closed, you agree that, you will not be able to access your and your student accounts, any of the services provided by SmartZoid related to that account, any kind of data, content, activities and pictures stored in the account including reports, activities and other information related to your account. You agree that SmartZoid in its own discretion may delete the information related your account once the account is closed. Copyright © 2004-2006 SmartZoid Research Corp. All rights reserved. |
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Terms And Conditions | Privacy Policy.
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