CSmart and its affiliates("we")
permit you to use this site, subject to the following Terms
of Use ("Terms"), which we may update from time
to time without notice to you. Please check these Terms periodically
for changes. By using this site after changes have been made
to these Terms, you agree to the changes. If you use any of
our other services, you will also be subject to the terms
that apply to such services.
We, or third parties, may produce automated search results or
otherwise provide links to other World Wide Web sites or resources.
Because we do not review and have no control over such sites
and resources, you acknowledge and agree that we are not responsible
for the availability of such sites or resources, and do not
endorse and are not responsible or liable for any content, advertising,
products, or other materials on or available from such sites
or resources. You further acknowledge and agree that we are
not responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with
use of or reliance on any such content, goods or services available
on or through any such site or resource.
2. Disclaimers of Warranties
YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY LAW:
(a) SERVICES AND CONTENT ON THIS SITE
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) WE MAKE NO WARRANTY THAT (i) THE
FUNCTIONS OF AND SERVICES PROVIDED IN THIS SITE WILL BE UNINTERRUPTED,
SECURE OR ERROR-FREE, (ii) DEFECTS WILL BE CORRECTED, OR (iii)
THIS SITE OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(c) WE MAKE NO WARRANTY REGARDING THE
ACCURACY, INTEGRETY OR QUALITY OF THE CONTENT OR RESULTS OF
THE SERVICES IN THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY
WARRANTY THAT SUCH CONTENT OR RESULTS WILL BE FREE OF MATERIAL
THAT IS OFFENSIVE, INDECENT OR OBJECTIONABLE.
(d) ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
3. Limitation of Liability
IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES FOR ANY USE OF THIS
SITE, OR USE OF ANY OTHER LINKED SITE, EVEN IF WE ARE ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IS TO DISCONTINUE
USE OF THE SITE.
Your privacy is important to us. All information gathered by
us from you in connection with your use of this site will be
do not control the privacy practices of those sites to which
we link and, therefore, we encourage you to read the privacy
policies of those sites.
You agree to indemnify and hold CSmart and its affiliates, officers,
agents, co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of your use of
the site, your violation of the Terms, or your violation of
any rights of another.
6. General Information
These Terms constitute the entire agreement between you and
us and govern your use of this site, superceding any prior agreements
between you and us. You also may be subject to additional terms
and conditions that may apply when you use affiliate services,
third-party content or third-party software. These Terms and
the relationship between you and us will be governed by the
laws of the United States without regard to its conflict of
law provisions. The parties agree to submit to the personal
and exclusive jurisdiction of the courts located within the
United States. Our failure to exercise or enforce any right
or provision of these Terms will not constitute a waiver of
such right or provision. If any provision of these Terms is
found invalid or unenforceable, that provision will be enforced
to the maximum extent possible and the remaining provisions
of these Terms will remain in full force and effect.
Updated on December. 18, 2006