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Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE USING THIS WEBSITE. All users of this site
agree that access to and use of this site are subject to the
following terms and conditions and other applicable law. If
you do not agree to these terms and conditions, please do
not use this site.
Warranty Disclaimer
This site and the materials and products on this site
are provided "as is" and without warranties of any kind,
whether express or implied. To the fullest extent
permissible pursuant to applicable law, Smart Choyce Inc
disclaims all warranties, express or implied, including, but
not limited to, implied warranties of merchantability and
fitness for a particular purpose and non-infringement. Smart
Choyce Inc does not represent or warrant that the functions
contained in the site will be uninterrupted or error-free,
that the defects will be corrected, or that this site or the
server that makes the site available are free of viruses or
other harmful components. Smart Choyce Inc does not make any
warrantees or representations regarding the use of the
materials in this site in terms of their correctness,
accuracy, adequacy, usefulness, timeliness, reliability or
otherwise. Some states do not permit limitations or
exclusions on warranties, so the above limitations may not
apply to you.
Limitation of Liability
Smart Choyce Inc shall not be liable for any special
or consequential damages that result from the use of, or the
inability to use, the materials on this site or the
performance of the products, even if Smart Choyce Inc has
been advised of the possibility of such damages. Applicable
law may not allow the limitation of exclusion of liability
or incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Smart Choyce Inc product is
mistakenly listed at an incorrect price, Smart Choyce Inc
reserves the right to refuse or cancel any orders placed for
product listed at the incorrect price. Smart Choyce Inc
reserves the right to refuse or cancel any such orders
whether or not the order has been confirmed and your credit
card charged. If your credit card has already been charged
for the purchase and your order is cancelled, Smart Choyce
Inc shall issue a credit to your credit card account in the
amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon
your accessing the site and/or completing the registration
or shopping process. These terms and conditions, or any part
of them, may be terminated by Smart Choyce Inc without
notice at any time, for any reason. The provisions relating
to Copyrights, Trademark, Disclaimer, Limitation of
Liability, Indemnification and Miscellaneous, shall survive
any termination.
Notice
Smart Choyce Inc may deliver notice to you by means
of e-mail, a general notice on the site, or by other
reliable method to the address you have provided to Smart
Choyce Inc.
Miscellaneous
Your use of this site shall be governed in all
respects by the laws of the state of Illinois, U.S.A.,
without regard to choice of law provisions, and not by the
1980 U.N. Convention on contracts for the international sale
of goods. You agree that jurisdiction over and venue in any
legal proceeding directly or indirectly arising out of or
relating to this site (including but not limited to the
purchase of Smart Choyce Inc products) shall be in the state
or federal courts located in Kankakee, Illinois.
Any cause of action or claim you may have with respect to
the site (including but not limited to the purchase of Smart Choyce Inc products) must be commenced within one (1) year
after the claim or cause of action arises. Smart Choyce
Inc's failure to insist upon or enforce strict performance
of any provision of these terms and conditions shall not be
construed as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice
shall act to modify any of these terms and conditions. Smart
Choyce Inc may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site,
including via e-mail, chat, or by use of obscene or abusive
language, is strictly forbidden. Impersonation of others,
including a Smart Choyce Inc or other licensed employee,
host, or representative, as well as other members or
visitors on the site is prohibited. You may not upload to,
distribute, or otherwise publish through the site any
content which is libelous, defamatory, obscene, threatening,
invasive of privacy or publicity rights, abusive, illegal,
or otherwise objectionable which may constitute or encourage
a criminal offense, violate the rights of any party or which
may otherwise give rise to liability or violate any law. You
may not upload commercial content on the site or use the
site to solicit others to join or become members of any
other commercial online service or other organization.
Participation Disclaimer
Smart Choyce Inc does not and cannot review all
communications and materials posted to or created by users
accessing the site, and is not in any manner responsible for
the content of these communications and materials. You
acknowledge that by providing you with the ability to view
and distribute user-generated content on the site, Smart
Choyce Inc is merely acting as a passive conduit for such
distribution and is not undertaking any obligation or
liability relating to any contents or activities on the
site. However, Smart Choyce Inc reserves the right to block
or remove communications or materials that it determines to
be (a) abusive, defamatory, or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation of a copyright,
trademark or; other intellectual property right of another
or (d) offensive or otherwise unacceptable to Smart Choyce
Inc in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless
Smart Choyce Inc, its officers, directors, employees,
agents, licensors and suppliers (collectively the "Service
Providers") from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees, resulting
from any violation of these terms and conditions or any
activity related to your account (including negligent or
wrongful conduct) by you or any other person accessing the
site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our
visitors, Smart Choyce Inc may link to sites operated by
third parties. However, even if the third party is
affiliated with Smart Choyce Inc, Smart Choyce Inc has no
control over these linked sites, all of which have separate
privacy and data collection practices, independent of Smart
Choyce Inc. These linked sites are only for your convenience
and therefore you access them at your own risk. Nonetheless,
Smart Choyce Inc seeks to protect the integrity of its web
site and the links placed upon it and therefore requests any
feedback on not only its own site, but for sites it links to
as well (including if a specific link does not work). |
