Welcome to SMARTSTARTGUIDE.COM, which is provided by ABELL
SOLUTIONS (either “we” or “us”). These Terms of Use govern your
use of the websites, content, software and services offered
through SMARTSTARTGUIDE.COM and ABELL SOLUTIONS (collectively,
“SMARTSTARTGUIDE.COM”).
YOUR AFFIRMATIVE ACT OF USING SMARTSTARTGUIDE.COM SIGNIFIES THAT
YOU AGREE TO THE FOLLOWING TERMS OF USE, YOU CONSENT TO THE
INFORMATION PRACTICES DISCLOSED IN THE ABELL SOLUTIONS AND SMART
START GUIDE NETWORK PRIVACY POLICY, AND YOU CONSENT TO RECEIVE
REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU DO
NOT AGREE, DO NOT USE SMARTSTARTGUIDE.COM.
1. CHANGES TO THE TERMS OF USE.
We may change these Terms of Use at any time. You can review the
most current version of these terms by clicking on the "Terms of
Use" hypertext link located at the bottom of our web pages. You
are responsible for checking these terms periodically for changes.
If you continue to use SMARTSTARTGUIDE.COM after we post changes
to these Terms of Use, you are signifying your acceptance of the
new terms.
2. REGISTERED USERS.
Certain enhanced services, such as e-mail or online calendars, are
available only to registered users of the SMART START GUIDE
Network and require you to sign in with a screen name to use them.
Your use of these enhanced services as a registered user of the
SMART START GUIDE Network will be subject to the SMART START GUIDE
Network Registered User Terms of Service. You will be given the
opportunity to join the SMART START GUIDE Network when you sign up
for any enhanced service that requires registration.
3. ADDITIONAL TERMS.
Certain areas of SMARTSTARTGUIDE.COM, such as sites where you can
upload or download files, may include usage guidelines and rules
that will supplement these Terms of Use. By using those services
on SMARTSTARTGUIDE.COM, you agree to comply with such guidelines
and rules.
4. ELECTRONIC DELIVERY POLICY AND YOUR CONSENT.
You agree that we may provide to you required notices, agreements
and other information concerning SMARTSTARTGUIDE.COM
electronically. We will post the notices on the home page of
SMARTSTARTGUIDE.COM or on the relevant web page of the applicable
service. If you want to withdraw your consent to receive notices
electronically, you must discontinue your use of
SMARTSTARTGUIDE.COM.
5. PRIVACY POLICY.
The SMART START GUIDE Network Privacy Policy explains the
practices that apply to your information when you use
SMARTSTARTGUIDE.COM. Your ongoing use of SMARTSTARTGUIDE.COM
signifies your consent to the information practices disclosed in
our Privacy Policy. You can review the Privacy Policy by clicking
on the “Privacy Policy” link located on the home page of
SMARTSTARTGUIDE.COM.
6. CHANGES TO SMARTSTARTGUIDE.COM.
We may discontinue or change any service or feature on
SMARTSTARTGUIDE.COM at any time and without notice.
7. ACCESS COSTS.
You must provide at your own expense the equipment and Internet
connections that you will need to access and use
SMARTSTARTGUIDE.COM. If you access SMARTSTARTGUIDE.COM through a
telephone line, please call your local phone company to determine
if the access numbers you select are subject to long distance or
other toll charges at your location. Also, if you access
SMARTSTARTGUIDE.COM through wireless applications (e.g., cell
phones), your carrier, such as a wireless carrier, may charge fees
for alerts, web browsing, messaging and other services that
require the use of airtime and wireless data services. Check with
your carrier to verify whether there are any such fees that may
apply to you. You are soley responsible for any costs you incur to
access SMARTSTARTGUIDE.COM through any wireless or other
communication service.
8. YOUR RESPONSIBILITIES.
You may use SMARTSTARTGUIDE.COM for lawful purposes only. You may
not submit or transmit through SMARTSTARTGUIDE.COM any material,
or otherwise engage in any conduct that:
violates or infringes the rights of others including, without
limitation, patent, trademark, trade secret, copyright, publicity
or other proprietary rights;
is unlawful, threatening, abusive, harassing, defamatory,
libelous, deceptive, fraudulent, invasive of another's privacy,
tortious, or contains explicit or graphic descriptions, or
accounts of, sexual acts;
victimizes, harasses, degrades, or intimidates an individual or
group of individuals on the basis of religion, gender, sexual
orientation, race, ethnicity, age, or disability;
impersonates any person, business or entity, including AOL and its
employees and agents;
contains viruses or any other computer code, files or programs
that interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment, or otherwise
permit the unauthorized use of a computer or computer network;
encourages conduct that would constitute a criminal offense, or
that gives rise to civil liability;
violates these Terms of Use, guidelines or any policy posted on
SMARTSTARTGUIDE.COM, or
interferes with the use of SMARTSTARTGUIDE.COM by others.
You may not use SMARTSTARTGUIDE.COM in any manner that could
damage, disable, overburden, or impair our servers or networks, or
interfere with any other party's use and enjoyment of
SMARTSTARTGUIDE.COM. You may not attempt to gain unauthorized
access to any services, user accounts, computer systems or
networks, through hacking, password mining or any other means. We
may take any legal and technical remedies to prevent the violation
of this provision and to enforce these Terms of Use.
9. NO SPAM.
You may not use SMARTSTARTGUIDE.COM or any of our communication
tools to transmit, directly or indirectly, any unsolicited bulk
communications (including e-mails and instant messages). You may
not harvest information about our users for the purpose of
sending, or to facilitate the sending, of unsolicited bulk
communications. You may not induce or allow others to use
SMARTSTARTGUIDE.COM to violate the terms of this section. We may
terminate your access or use of SMARTSTARTGUIDE.COM immediately
and take any other legal action if you, or anyone using your
access to SMARTSTARTGUIDE.COM, violates these provisions. We may
take any technical remedies to prevent unsolicited bulk
communications from entering, utilizing, or remaining with in our
computer or communications networks.
10. PROPRIETARY RIGHTS.
We, our suppliers, and our users who lawfully post text, messages,
information, software, images, audio and video ("Content") on
SMARTSTARTGUIDE.COM own the property rights to that Content. The
Content is protected by international treaties, and by copyright,
trademark, patent, and trade secret laws and other proprietary
rights. For example, we own a copyright in the selection,
organization, arrangement, and enhancement of the Content, as well
as in our original Content. The look and feel of our color
combinations, button shapes, and other graphical elements on
SMARTSTARTGUIDE.COM are our trademarks.
11. LICENSE TO USE SMARTSTARTGUIDE.COM.
You may use SMARTSTARTGUIDE.COM and the Content offered on
SMARTSTARTGUIDE.COM only for personal, non-commercial purposes.
You may use Content offered for downloading, such as photos and
music, for personal use only and subject to the rules that
accompany that particular Content. You may not use the Content in
a manner that exceeds the rights granted for your use of the
Content. You may not use any data mining, robots, or similar data
gathering and extraction tools on the Content, frame any portion
of SMARTSTARTGUIDE.COM or Content, or reproduce, reprint, copy,
store, publicly display, broadcast, transmit, modify, translate,
port, publish, sublicense, assign, transfer, sell, loan, or
otherwise distribute the Content without our prior written
consent. You may not circumvent any mechanisms included in the
Content for preventing the unauthorized reproduction or
distribution of the Content. Visit our Copyright Permission Page
for information on how you can request permission to reproduce
certain Content from SMARTSTARTGUIDE.COM.
12. CONTENT YOU POST TO PUBLIC AREAS.
Certain areas of SMARTSTARTGUIDE.COM may allow you to post Content
that can be accessed and viewed by others, including the public in
general. You may only post Content to public areas on
SMARTSTARTGUIDE.COM that you created or that you have permission
to post. You may not post Content that violates these Terms of
Use. We do not claim ownership of any Content that you may post.
However, by submitting Content to public areas of
SMARTSTARTGUIDE.COM, you grant us, our parent, affiliates, and
distributors the right to use, copy, display, perform, distribute,
adapt and promote this Content in any medium.
13. NO DUTY TO MONITOR.
You agree that we are not liable for Content that is provided by
others. We have no duty to pre-screen Content, but we have the
right to refuse to post or to edit submitted Content. We reserve
the right to remove Content for any reason, but we are not
responsible for any failure or delay in removing such material.
14. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
We respect the intellectual property of others. If you believe
that your work has been copied and is accessible on
SMARTSTARTGUIDE.COM in a way that constitutes copyright
infringement, please follow the instructions on how to contact us
to report possible copyright infringement.
15. THIRD PARTY SITES; ADVERTISERS.
SMARTSTARTGUIDE.COM may include links to third party websites,
including links provided as automated search results. Some of
these sites may contain materials that are objectionable,
unlawful, or inaccurate. These links do not mean that we endorse
these third party sites or services. You acknowledge and agree
that we are not responsible or liable for any Content or other
materials on these third party sites. Any dealings that you have
with advertisers found on SMARTSTARTGUIDE.COM are between you and
the advertiser and you acknowledge and agree that we are not
liable for any loss or claim you may have against an advertiser.
16. USE OF SOFTWARE.
We may make software available for you to download or use. Such
software will be subject to the terms of the license agreement
that accompanies it. If there is no license agreement presented to
you with the software, then the following license, in addition to
the other terms of these Terms of Use govern your use of such
software. We grant you a personal, non-exclusive,
non-transferable, limited license to install the software on any
single computer. The software is protected by copyright and other
intellectual property laws and treaties and is owned by us or our
suppliers. You may not sell or redistribute the software. You may
not incorporate it or any portion of it into another product. You
may not reverse engineer, decompile, or disassemble the software
or otherwise attempt to derive the source code (except where
expressly permitted by law). You may not modify, adapt, or create
derivative works from the software in any way or remove
proprietary notices in the software. You agree to abide by all
laws and regulations in effect regarding your use of the software.
You may not authorize or assist any third party to do any of the
things prohibited in this paragraph.
We may automatically check your version of the software and update
it to improve its performance and capabilities. If you shut down
the software during an automatic update or otherwise interfere
with the installation of the update, the software may be damaged
and/or cease to operate.
The software is a "commercial item," as that term is defined in 48
C.F.R. 2.101, consisting of "commercial computer software" and
"commercial computer software documentation," as such terms are
used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
12.212 and 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R.
227.7202, all U.S. Government end users acquire the software with
only those rights as set forth herein.
You agree to fully comply with all import and export laws,
regulations, rules and orders of the United States, or any foreign
government agency or authority, and that you will not directly or
indirectly export, re-export, transfer and/or release the
software, related technology, or any product thereof, for any
proscribed end-use, or to any proscribed country, entity or person
(wherever located), without proper authorization from the U.S.
and/or foreign government. You bear responsibility for and assume
all expenses relating to your compliance with the described laws,
regulations, rules and orders, and for obtaining all necessary
authorizations and clearances. You further agree to assume
responsibility for and bear all expenses relating to your
compliance with the described laws, regulations, rules and orders,
and obtaining all necessary authorizations and clearances.
17. DISCLAIMER OF WARRANTIES.
We provide SMARTSTARTGUIDE.COM “as is”, “with all faults” and “as
available.” We and our suppliers make no express warranties or
guarantees about SMARTSTARTGUIDE.COM. TO THE EXTENT PERMITTED BY
LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT
SMARTSTARTGUIDE.COM AND ALL SOFTWARE, CONTENT AND SERVICES
DISTRIBUTED THROUGH SMARTSTARTGUIDE.COM ARE MERCHANTABLE, OF
SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR
PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT
SMARTSTARTGUIDE.COM WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE,
RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO
NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF SMARTSTARTGUIDE.COM, INCLUDING ANY SUPPORT SERVICES, WILL BE
EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT
GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE
SMARTSTARTGUIDE.COM (EITHER DIRECTLY OR THROUGH THIRD-PARTY
NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR
WRITTEN INFORMATION OR ADVICE GIVEN BY AN AOL REPRESENTATIVE SHALL
CREATE A WARRANTY. You may have additional consumer rights under
your local laws that this contract cannot change.
18. LIMITATION OF LIABILITY.
YOUR EXCLUSIVE REMEDY REGARDING ANY SOFTWARE PROVIDED BY US SHALL
BE THE REPLACEMENT OF ANY SUCH SOFTWARE FOUND TO BE DEFECTIVE.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US IS TO
DISCONTINUE YOUR USE OF SMARTSTARTGUIDE.COM. IN NO EVENT SHALL OUR
LIABILITY, OR THE LIABILITY OF OUR PARENT AND OUR SUPPLIERS FOR
ANY AND ALL CLAIMS RELATING TO THE USE OF SMARTSTARTGUIDE.COM
EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID US DURING A
ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.
WE, OUR PARENT, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES
ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON
SMARTSTARTGUIDE.COM. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST
PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES,
EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR
LIABILITY, AND THE LIABILITY OF OUR PARENT AND SUPPLIERS, SHALL BE
LIMITED TO THE EXTENT PERMITTED BY LAW.
19. INDEMNIFICATION.
Upon a request by us, you agree to defend, indemnify, and hold
harmless us and our parent and other affiliated companies, and our
respective employees, contractors, officers, directors, and agents
from all liabilities, claims, and expenses, including attorney's
fees that arise from your use or misuse of SMARTSTARTGUIDE.COM. We
reserve the right, at our own expense, to assume the exclusive
defense and control of any matter otherwise subject to
indemnification by you, in which event you will cooperate with us
in asserting any available defenses.
20. INTERNATIONAL USE.
We make no representation that Content on SMARTSTARTGUIDE.COM is
appropriate or available for use in locations outside the United
States, and accessing it from territories where the Content is
illegal is prohibited. If you choose to access SMARTSTARTGUIDE.COM
from a location outside the U.S., you do so on your own initiative
and you are responsible for compliance with local laws.
21. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES.
You agree that the laws of Ohio govern
this contract and any claim or dispute that you may have against
us, without regard to Ohio’s conflict of laws rules, and that
the United Nations Convention on Contracts for the International
Sale of Goods shall have no applicability. You further agree that
any disputes or claims that you may have against us will be
resolved by a court located in Ohio and
you agree and submit to the exercise of personal jurisdiction of
such courts for the purpose of litigating any such claim or
action.
PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1)
WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON
THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2)
IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE
IN, STATE OR FEDERAL COURTS IN OHIO OVER
ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING
YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN OHIO FOR THE
PURPOSE OF RESOLVING ANY SUCH
DISPUTES OR CLAIMS.
22. SEVERABILITY AND INTEGRATION.
This contract and any supplemental terms, policies, rules and
guidelines posted on SMARTSTARTGUIDE.COM constitute the entire
agreement between you and us and supersede all previous written or
oral agreements. If any part of these Terms of Use is held invalid
or unenforceable, that portion shall be construed in a manner
consistent with applicable law to reflect, as nearly as possible,
the original intentions of the parties, and the remaining portions
shall remain in full force and effect.
23. TERMINATION.
Your right to use SMARTSTARTGUIDE.COM automatically terminates if
you violate these Terms of Use or any rules or guidelines posted
in connection with SMARTSTARTGUIDE.COM. We also reserve the right,
in our sole discretion, to terminate your access to all or part of
SMARTSTARTGUIDE.COM, for any reason, with or without notice.
Last Updated on 7-04-06
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Revised: July 21, 2010.