WEB SITE USAGE TERMS AND CONDITIONS


Smith Carrel Inc. offers the user ("User") access to its secured Internet web site ("Web Site") pursuant to the following terms and conditions ("Terms and Conditions"). Usage of the Web Site by any User, whether authorized or unauthorized, constitutes acceptance of these Terms and Conditions. These Terms and Conditions shall govern in the event of any dispute between User, its affiliates, successors or assigns and Smith Carrel, Inc..

Smith Carrel Inc. reserves the right to prohibit any conduct or to remove any materials or content in violation of these Terms and Conditions. Smith Carrel Inc. may suspend or terminate a User's use of the Web Site if it determines that a User has failed to comply with any of these Terms and Conditions.

Smith Carrel Inc. DOES NOT WARRANT THE COMPLETENESS, ACCURACY OR USEFULNESS OF THE INFORMATION CONTAINED ON THE WEB SITE. Without limiting the generality of the foregoing, User assumes all responsibility and risk for the use of the Web Site and the Internet. Smith Carrel Inc. reserves the right to change information, specifications and pricing without notice.

The Web Site is copyrighted, and all rights are reserved by Smith Carrel Inc.. Copying, duplicating, selling or otherwise distributing the Web Site and the content and information contained therein, except as permitted pursuant to these Terms and Condition or with the express written consent of Smith Carrel Inc., is a violation of the federal copyright laws. Nothing contained herein shall be construed as granting to any User a license under any copyright, trademark, patent or other intellectual property of Smith Carrel Inc. or any third party.

Smith Carrel Inc. DISCLAIMS ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE WEB SITE OR ANY INFORMATION ACCESSED FROM OR VIA THE WEB SITE, INCLUDING WITHOUT LIMITATION WARRANTIES OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY OF INFORMATIONAL CONTENT. IN NO EVENT SHALL Smith Carrel Inc. BE LIABLE UNDER ANY SECTION OF THESE TERMS AND CONDITIONS OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, BUSINESS INTERRUPTION, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT Smith Carrel Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. Smith Carrel Inc. SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF A USER'S RELIANCE ON THE INFORMATION ON THE WEB SITE.

These terms and conditions and all disputes arising from the information contained on or from a User's use of the Web Site, or otherwise under these Terms and Conditions, shall be governed by the laws of the state of Texas, without reference to its conflicts of law provisions. Users of the Web Site submit to personal and exclusive jurisdiction of the state and federal courts of, Texas for all disputes, and waive all objections to such jurisdiction and venue.


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