Welcome
to the Internet Site of SMART NEURONS. PLEASE
READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS SITE. By using this Site,
you signify your agreement to these terms
of use. If you do not agree to these terms
of use, please do not use our web site.
We reserve the right, at our discretion,
to change, modify, add, or remove portions
of these terms at any time. Please check
these terms periodically for changes. Your
use of this web Site following the posting
of changes to these terms will mean you
accept those changes.
Restrictions
and Use of Materials
All
materials contained in www.smartneurons.com
are the copyrighted property of Jupiter
Creative Services, LLC. All trademarks,
service marks, and trade names are proprietary
to Jupiter Creative Services. No material
from this site may be copied, reproduced,
republished, uploaded, posted, transmitted,
or distributed in any way, except that you
may download one copy of the materials on
any single computer for your personal, noncommercial
home use only, provided that (i) you keep
intact all copyright and other proprietary
notices, (ii) you make no modifications
to the materials, (iii) you do not use the
materials in a manner that suggests an association
with any of our products, services, or brands,
and (iv) you do not download quantities
of materials to a database that can be used
to avoid future downloads from this site.
For purposes of these terms, the use of
any such material on any other Web site
or computer environment is prohibited. All
trademarks, service marks, trade names,
and trade dress are proprietary to us. In
the event you download software from our
site, the software, including any files,
images incorporated in or generated by the
software, and data accompanying the software
(collectively, the "Software")
are licensed to you by us for your personal,
noncommercial home use only. We do not transfer
title to the Software to you. You own the
medium on which the Software is recorded,
but we retain full and complete title to
the Software and all intellectual property
rights therein. You may not redistribute,
sell, de-compile, reverse engineer, disassemble,
or otherwise reduce the Software to a human-readable
form.
Submissions
We love to hear from you and welcome your
comments regarding our products and company.
Unfortunately, our policy does NOT allow
us to accept or consider creative ideas,
suggestions, or materials other than those
that we have specifically requested. We
hope you will understand that it is the
intent of this policy to avoid the possibility
of future misunderstandings when projects
developed by our professional staff might
seem to others to be similar to their own
creative work. Please do not send us any
unsolicited original creative materials
such as stories or ideas, screenplays, or
original artwork. While we do value your
feedback on our services and products, we
request that you be specific in your comments
on those services and products, and not
submit any creative ideas, suggestions,
or materials (unless specifically requested
by us). If, at our request, you send certain
specific submissions or, despite our request,
you send us creative suggestions, ideas,
notes, drawings, concepts, or other information
(collectively, the "Submissions"),
the Submissions shall be deemed, and shall
remain, our property. None of the Submissions
shall be subject to any obligation of confidence
on our part and we shall not be liable for
any use or disclosure of any Submissions.
Without limitation of the foregoing, we
shall exclusively own all now-known or hereafter
existing rights to the Submissions of every
kind and nature throughout the universe
and shall be entitled to unrestricted use
of the Submissions for any purpose whatsoever,
commercial or otherwise, without compensation
to the provider of the Submissions.
E-mail
or other types of Communication
You
must not:
defame, abuse, harass or threaten
make
any bigoted, hateful, or racially offensive
statements;
advocate
illegal activity or discuss illegal
activities with the intent to commit
them;
post
or distribute any material that infringes
and/or violates any right of a third
party or any law;
post
or distribute any vulgar, obscene, discourteous,
or indecent language or images;
advertise
or sell to or solicit;
use
the Forum for commercial purposes of
any kind;
post
or distribute any software or other
materials that contain a virus or other
harmful component;
post
material or make statements that do
not generally pertain to our company
or our products.
It
is our policy to respect the privacy of
all customers. Therefore, we will not monitor,
edit, or disclose the contents of a customer's
e-mail unless (a) you authorize us to do
so, (b) we must do so in order to resolve
technical problems on this site; or (c)
unless required to do so by law or in the
good-faith belief that such action is necessary
to: (1) comply with the law or comply with
legal process served on us; (2) protect
and defend our rights or property; or (3)
act in an emergency to protect the safety
of our customers or the public. Customers
shall remain solely responsible for the
content of their messages.
By emailing any materials to us, you automatically
grant (or warrant that the owner of such
materials expressly granted) us a perpetual,
royalty-free, irrevocable, nonexclusive
right and license to use, reproduce, modify,
adapt, publish, translate, publicly perform
and display, create derivative works from
and distribute such materials or incorporate
such materials into any form, medium, or
technology now known or later developed
throughout the universe. In addition, you
warrant that all so-called "moral rights"
in those materials have been waived.
Links
to our Web Site
Please exercise discretion while browsing
the Internet. You should be aware that when
you are on our web site, you could be directed
to other sites that are beyond our control.
For example, if you click on a banner advertisement
or a search result, the click may take you
off our site. This includes links from advertisers,
sponsors, and content partners that may
use our logo(s) as part of a co-branding
agreement. These other sites may send their
own cookies to users, collect data, solicit
personal information, or contain information
that you may find inappropriate or offensive.
In addition, advertisers on our web site
may send cookies to users that we do not
control.
We reserve the right to disable links from
third-party sites to our web site.
Please keep in mind that whenever you give
out personal information online, for example,
via registration, that information can be
collected and used by people you don't know.
While Smart Neurons strives to protect your
personal information and privacy, we cannot
guarantee the security of any information
you disclose online; you make such disclosures
at your own risk.
Disclaimer
THE MATERIALS ON THIS WEB SITE ARE PROVIDED
"AS IS" AND WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. WE
DO NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THIS SITE OR THE SERVERS THAT MAKE
SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF THE MATERIALS
ON ANY SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. YOU
ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR, OR CORRECTION. APPLICABLE
LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU.
Sensitive
Personal Information
We take the issue of your privacy seriously.
We provide your credit card number, billing
and shipping information to our partners
who help in order fulfillment, order tracking
and credit card processing. These partners
are solely responsible for how they use
that information and any other information
they independently acquire from you or about
you. Otherwise, we do not share your credit
card information with anyone else. To protect
the security of your credit card information,
we employ the industry-standard Secure Sockets
Layer (SSL) technology. We also encrypt
your credit card number when we store your
order and whenever we transfer that information
to participating merchants
Indemnification
You are entirely responsible for maintaining
the confidentiality of your Password and
account and for all activities that occur
under your account. You hereby indemnify,
defend, and hold us and our affiliates and
our officers, directors, owners, agents,
information providers, affiliates, licensors,
and licensees (collectively, the "Indemnified
Parties") harmless from and against
any and all liabilities and costs (including
reasonable attorneys' fees') incurred by
the Indemnified Parties in connection with
any claim arising out of any breach by you
of this Agreement or claims arising from
your account. You shall use your best efforts
to cooperate with us in the defense of any
claim. We reserve the right, at our own
expense, to assume the exclusive defense
and control of any matter otherwise subject
to indemnification by you.
Limitation
of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGES THAT RESULT FROM
THE USE OF, OR THE INABILITY TO USE, ANY
SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH
SITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. APPLICABLE
LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU. IN NO EVENT SHALL
OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT [INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE
AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING
ANY SITE.
Governance
Unless otherwise specified, the materials
on this web site are presented solely for
the purpose of promoting products available
in the United States and its territories,
possessions, and protectorates. Smart Neurons
is controlled and operated by Jupiter Creative
Services from its U.S. offices in Plano,
Texas. We make no representation that materials
on this site are appropriate or available
for use in any particular location. Those
who choose to access this site do so on
their own initiative and are responsible
for compliance with local laws, if and to
the extent local laws are applicable. Software
from this site is further subject to United
States export controls. No software from
this site may be downloaded or otherwise
exported or re-exported (i) into (or to
a national or resident of) Cuba, Iraq, Libya,
North Korea, Iran, Syria, or any other country
to which the U.S. has embargoed goods; or
(ii) to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or
the U.S. Commerce Department's Table of
Deny Orders. By downloading or using the
Software, you represent and warrant that
you are not located in, under the control
of, or a national or resident of any such
country or on any such list.
Termination
These terms are effective until terminated
by either party. You may terminate these
terms at any time by discontinuing use of
this site and destroying all materials obtained
from any and all such sites and all related
documentation and all copies and installations
thereof, whether made under these terms
or otherwise. Upon termination, you must
cease use of this site and destroy all materials
obtained from such site and all copies thereof,
whether made under these terms or otherwise.
Notice
and Procedure For Making Claims of Copyright
Infringement
We may give notice to our users by
means of a general notice on this site, electronic
mail to a user's e-mail address on our records,
or by written communication sent by first-class
mail to a user's address on our records.
Pursuant to Title 17, United States Code,
Section 512(c)(2), notifications of claimed
copyright infringement should be sent to Service
Provider's Designated Agent.
Smart Neurons
1929 Kiestwood Cir
Plano, Texas – 75025
E-Mail Address of Designated Agent: feedback@smartneurons.com
To be effective, the notification must be
a written communication that includes the
following:
A
physical or electronic signature of
person authorized to act on behalf of
the owner of an exclusive right that
is allegedly infringed;
Identification
of the copyrighted work claimed to have
been infringed, or multiple copyrighted
works at a single online site are covered
by a single notification, a representative
list of such works at that site;
Identification
of the material that is claimed to be
infringing or to be the subject of infringing
activity and that is to be removed or
access to which is to be disabled, and
information reasonably sufficient to
permit the service provider to locate
the material;
Information
reasonably sufficient to permit the
service provider to contact the complaining
party, such as an address, telephone
number, and, if available, an electronic
mail address at which the complaining
party may be contacted;
A
statement that the complaining party
has a good-faith belief that use of
the material in the manner complained
of is not authorized by the copyright
owner, its agent, or the law; and
A
statement that the information in the
notification is accurate and, under
penalty of perjury, that the complaining
party is authorized to act on behalf
of the owner of an exclusive right that
is allegedly infringed.
All
text, photo, graphic, audio, and/or video
material shall not be published, broadcast,
rewritten for broadcast or publication, or
redistributed directly or indirectly in any
medium. No materials or any portion thereof
may be stored in a computer except for personal
and noncommercial use. We will not be held
liable for any delays, inaccuracies, errors,
or omissions therefrom or in the transmission
or delivery of all or any part thereof, or
for any damages arising from any of the foregoing.
