Last Updated: March 21, 2014
- Description of the Site. The Site allows you to access and use the Company’s information and materials to the extent and in the manner published or offered on the Site.
- Access. In order to access or use the Site, you need the equipment and software necessary to connect to the World Wide Web (“WWW”) and the connection necessary to access the WWW. You are responsible for providing all such equipment and software as well for any fees associated with such connection or access (such as those charged by an Internet Service Provider (ISP) or telephone company). You agree to: (a) provide accurate and complete information if and when prompted to do so, and (b) maintain and update such information so it remains accurate and complete.
- Intellectual Property and Rights to Access Site.
5.2 Trademark Notices. All trademarks, service marks, trade names and logos contained in the Site are the property of their respective owners.6. Changes to Site. This Site, in whole or in part, as well as its content and the products and services found
- Using E-mail. If you provide us with your e-mail address, or have done so in the past, we may upon occasion send you e-mail. E-mail sent to us through the Site will be maintained in a manner consistent with our legal and regulatory requirements regarding client and public communications. Please note that e-mail does not provide a completely secure and confidential means of communication. It is possible that your e-mail communication may be intercepted or viewed by another Internet user while in transit to us.
- Disclaimer. THIS SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO ALL SUCH MATERIALS ARE DISCLAIMED. NO WARRANTY IS MADE THAT THIS SITE OR ITS CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO WARRANTY IS MADE CONCERNING THE ACCURACY OF THE INFORMATION CONTAINED ON THE SITE, OR THE QUALITY OF ANY SERVICES AVAILABLE THROUGH THE SITE. NO REPRESENTATION OR WARRANTY IS MADE THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIR– USES OR OTHER HARMFUL COMPONENTS. OUR SITE MAY CONTAIN GENERAL MEDICAL OR HEALTHCARE INFORMATION THAT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE — USED IN ANY WAY FOR MEDICAL DIAGNOSIS OR TREATMENT. YOU SHOULD ALWAYS OBTAIN ADVICE PROVIDED BY A DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL.
IN STATES WHICH RESTRICT OR DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, THE ABOVE EXCLUSIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER THE LAW.
- Limitation of Liability. YOU UNDERSTAND THAT IN NO EVENT WILL ITSmart OR ITS MANAGERS, MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR ITSmart BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF: (A) YOUR — USE OR INABILITY TO — USE THE SITE, OR (B) YOUR RELIANCE ON ANY SERVICES OR CONTENT PROVIDED BY THE SITE; EVEN IF ANY OF SUCH PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALSO, IN NO EVENT WILL ANY OF THE ABOVE IDENTIFIED PARTIES IN THIS SECTION BE LIABLE TO YOU FOR AN AMOUNT GREATER THAN $500 (USD). YOU AGREE THAT ANY CA– USE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CA– USE OF ACTION ACCRUES. OTHERWISE, SUCH CA– USE OF ACTION IS PERMANENTLY BARRED. IN STATES WHICH RESTRICT OR DO NOT ALLOW THE ABOVE LIMITATIONS OF LIABILITY, THE ABOVE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER THE LAW.
- Notice. Notices by ITSmart or its agents to you may be given by means of a general posting at the Site or to your Company e-mail address. Notices (including questions, complaints, or legal notices) by you may be given by e-mail messages or conventional mail, as follows:
Electronic mail (e-mail) must be sent to our representatives at email@example.com.
Last Updated: March 21, 2014
We (ITSmart Security LLC) value the privacy of our users, customers and others (collectively or individually “Users”) who visit our website and who purchase our products and/or services (collectively, the “Service”). This statement governs information you provide to us or that we learn from your use of the Service and tells you how we may collect, use, and in some instances share, this information.
The Information Collected
User Provided Information: You may provide us what is generally called “personally identifiable” information when you purchase products from us, such as your name and e-mail address. In addition, we may give you the option to provide us with certain demographic information or other personally identifiable information about yourself.
“Cookies” Information: When you visit the Service, we may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer. We use both session cookies and persistent cookies. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Service. By using these cookies, we can “remember” what you have done on the Service before and personalize our site for you. These persistent types of cookies can be removed. Each web browser implements different functionality, so please refer to the manuals or technical support resources that are available in conjunction with your web browser to learn the correct way to modify your cookies set-up. If you are using the Service in a jurisdiction where your prior consent is required for us to deploy any particular cookies, you will be asked to accept such cookies before they are deployed. Please note that disabling cookies or declining to accept certain cookies will prevent you from accessing some of the functionality and site offerings available via the Service.
“Automatically Collected” Information: When you visit the Service or open one of our HTML emails, we may record certain information from your web browser by using different types of technology, including “clear gifs” or “web beacons.” This “automatically collected” information may include your Internet Protocol address (“IP Address”), web browser type, the web pages or sites that you visit just before or just after the Service, the pages you view on our site, and the dates and times that you visit.
Payment Information: If you purchase services directly from us, we may collect the billing and financial information necessary to process your charges, which may include your postal and e-mail addresses. We may also receive the billing and payment information that you provide when your purchase is processed by another party, such as PayPal.
Customer Support Correspondence: When you ask for assistance from our Customer Support team, we will collect and store the contact information you provide (generally your name and e-mail address), information about your activity on the Service, and your user ID number. We will also store the correspondence and any information contained within.
Uses of Information
We use the information that we collect to provide to you all of the features and services found on the Service. We may use your email address for marketing purposes, unless you have expressly notified us that you prefer for us not to use your email address for any specific marketing purposes (“opt-out”). While you may opt-out from such marketing use, you may not opt-out from our use of your email address for non-marketing or administrative purposes such as automatic notifications of recent account activity, or notifying you of major site updates.
We may use automatically collected information and cookies information to: (a) remember your information so that you will not have to re-enter it during your visit or the next time you visit the Service; (b) provide custom, personalized advertisements, content and information; (c) monitor the effectiveness of our marketing campaigns; and (d) monitor aggregate usage metrics such as total number of visitors and pages viewed. We will not use your email address or other personally identifiable information to send promotional or marketing messages except for those specific programs or features for which you will have the ability to opt-out.
We may share automatically collected and other aggregated non-personally-identifiable information such as mobile device identifying information with interested third parties for their use and distribution for their business purposes, including without limitation for the purposes of assisting them in understanding the usage patterns for certain content, services, advertisements, and promotions. We may share personally identifiable information with other third-party organizations for their marketing or promotional use without your consent, except with respect to any specific program or feature for which you will have the ability to opt-out.
We may disclose your personally identifiable information if we believe in good faith that such disclosure is necessary to (a) comply with laws or to respond to subpoenas, court orders, warrants or other legal demands or to establish or defend us from legal claims; or (b) to protect and defend our rights or property, you, or third parties from fraud, abuse or violations of the Terms of Service or illegal acts; or (c) to protect the safety or integrity of us, the Services, our Users, the public or other parties as it is deemed appropriate, in our sole discretion. You hereby consent to our sharing your personally identifying information under the circumstances described herein.
Third-party Advertisers, Links to Other Sites
Last Updated: March 21, 2014
Prices and Payment.
All prices posted on our Site or published materials are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical or other errors in any offer by us, and we reserve the right to cancel any orders arising from such errors. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept Visa, MasterCard and American Express for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
Shipments; Delivery; Title and Risk of Loss.
We will arrange for shipment of the products to you. We typically ship products as orders are accepted and products become available unless we otherwise agree in writing to a specific shipment date. However, there may be times when the product you have ordered is out-of-stock, which will delay fulfilling your order. In such instance, we will try to keep you informed of any such products and when they might become available for immediate shipment. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Returns and Refunds.
Due to the unique nature of our business and related matters of public safety, we will only accept a return of products for a refund of the purchase price, less the original shipping and handling costs and a restocking fee of $20, provided:
(i) Such return is made within twenty (20) days of our original shipment date to you,
(ii) Such products are returned in their original condition,
(iii) A copy of the original invoice is provided to us with the returned shipment, and
(iv) Such products have not been designated by us, either on the Site or during your request for a return authorization, as non-returnable.
To return products, you must contact us by either calling 800-485-8904 or sending an e-mail to firstname.lastname@example.org in order to obtain a Return Authorization Number. No returns of any type will be accepted without such a number, which are only good for fourteen (14) from the date they are provided to you. You are responsible for all shipping and handling charges and all risk of loss and damage on returned items and should fully insure your return shipment against loss or damage. Unless otherwise approved by us, your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
Goods Not for Resale or Export.
You agree to comply with all applicable laws and regulations of the various states and of the United States, including all Export Regulations, as defined below. You represent and warrant that you are buying products or services from the Site for your own internal business or personal use, and not for resale or export. Products and services purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Administration Act of 1979 (50 U.S.C. 2401-2410), the Export Administration Regulations promulgated thereunder (15 C.F.R. 768-799), the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations“). Our products and services, along with our Site, and its Contents, are intended to comply with the laws and regulations in the United States. While available outside the United States, the Content of the Site that pertain to the products and services are intended for purchase and use only by residents of the United States. The laws and regulations of other jurisdictions may be different, and offers for any product or service made on our Site are void where prohibited by law
Dispute Resolution and Binding Arbitration.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WITH REGARD TO OUR PRODUCTS,SERVICES AND ANY ORDERS PERTAINING TO THE SAME, YOU AND WE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this Section 14. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.