Terms of Service
This page states the Terms of Service under which you, the website visitor (“You“) may access and use the SMART tag website and associated webpages and content (“Website“), which is owned Secured Mobility LLC. and maintained by its affiliates, agents, and employees (collectively, “SMART tag“, “We“, or “Us“). Please read this page carefully. By accessing and using the Website, You agree to be bound by all of the TERMS OF SERVICE set forth below. If You do not accept these TERMS OF SERVICE, please leave the Website.
BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY.
OUR PROPRIETARY RIGHTS.
The Website and all logos, trademarks, buttons icons, images, pictures, graphics, content used in connection with the Website (collectively referred to as "Content") are protected under U.S. intellectual property laws, and are exclusively owned and/or controlled by us. UNAUTHORIZED USE, MODIFICATION, REPUBLISHING, TRANSMITTING, DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF OUR CONTENT IS PROHIBITED.
DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND/OR OUR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE AVAILABILITY OF THE WEBSITE OR THE CONTENT YOU OR OTHER USERS SUBMIT. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE DISCLAIM TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OFFER BY OTHER USERS, ANY ACTION OR INACTION BY OTHER USERS, INCLUDING OTHER USER’S FAILURE TO COMPLY WITH THE TERMS OF SERVICE. THE FUNCTIONS AND FEATURES OF THE WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY CONTENT. YOU ASSUME THE ENTIRE RISK OF LOSS OF CONTENT AND/OR DAMAGE DUE TO YOUR USE OF THE WEBSITE.
LIMITATION OF LIABILITY.
YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR SOLE RISK. NEITHER WE NOR OUR, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND/OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
INDEMNIFICATION.
You shall indemnify, defend and hold harmless Us and our officers, directors, employees, shareholders, and agents for any and all loss cost, disputes, demands claims and liabilities (including reasonable attorneys’ fees) arising out of or incurred due to: (i) Your breach of these TERMS OF SERVICE; (ii) Your use or misuse of the Website; (iii) Your violation of any law or the rights of any third party; and/or (iv) Your interaction with other Website users.
TERMINATION.
You may terminate Your participation at any time by discontinuing use of the Website and Content. At that time we may delete information You have submitted via the Website. If You have a dispute with Us relating to the Website or Content, immediately cease all use of the Website/Content. Ceasing all use of the Website and Content is Your only remedy with respect to any such dispute that You may have with us.
CHANGES TO WEBSITE AND TERMS OF SERVICE.
From time to time, we may modify, suspend or discontinue any feature associated with Your access and use of the Website and/or Content. We shall not be liable to You for any modification, suspension or discontinuance (in part or wholly) of the Website and/or features associated with the availability or use of Content. We may establish additional policies and practices concerning use of the Website and Content made available through the Website. Accordingly, We reserve the right to change these TERMS OF SERVICE (in part or wholly) at any time, with or without prior notice. We will notify You of any such changes by posting updated TERMS OF SERVICE, so we encourage you to check this page frequently.
THIRD PARTY LINKS.
Some Content may incorporate links to third party websites. Some third party websites may collect data or solicit personal information from You. We neither own nor control such third party websites and is not responsible for their content or actions. Please read the terms and conditions and privacy policies of any third party website that may be linked to the Website.
PRIVACY.
We collect and use information about You and Your use of the Website and Content for the purpose of making the Website available to You and for developing and improving the Website. Please review our Privacy Policy for more information at smart-tag.net/privacy. The Privacy Policy is incorporated into and is part of these TERMS OF SERVICE.
COMMUNICATIONS.
By agreeing to these TERMS OF SERVICE, You consent to receive communications sent from or on our behalf regarding the Website, Content and/or Your rights and obligations under these TERMS OF SERVICE.
USER SUBMISSIONS.
We welcome Your comments on our Website and Content. However, You acknowledge that if You send us creative suggestions, ideas, notes, drawings, concepts, inventions or other information (collectively, "Information"), such Information shall be deemed, and shall remain Secured Mobility LLC’s property. Generally, any communication which you post to the Website or transmit to Us over the Internet is considered to be, and will be treated as, non-confidential. If particular web pages permit the submission of communications which will be treated by SMART tag as confidential, that fact will be clearly stated on those pages. Without limitation of the foregoing, by submission of any Information to us, You assign to us and we shall exclusively own all now known or hereafter existing rights to such Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
As a user of this website, You are solely responsible for Your own communications, information, data, and other content that You submit to or make available on the Website (“Your Submissions”) and are responsible for the consequences of their posting. Therefore, do not do any of the following things: transmit to us material that is copyrighted, unless You are the copyright owner or have the permission of the copyright owner to post it; send material that reveals trade secrets, unless You own them or have the permission of the owner; send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; send sexually-explicit images; send advertisements or solicitations of business; send chain letters or pyramid schemes; or impersonate another person. We reserve the right to remove any of Your Submissions at our discretion.
We reserve the right to expel users and prevent further access to this Website for violating these TERMS OF SERVICE or applicable law.
CHOICE OF LAW AND VENUE.
These TERMS OF SERVICE, the Privacy Policy, Your access and use of the Website and Content, and the relationship between You and SMART tag are governed by the laws of the State of Texas, without giving effect to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts situated in Williamson County, Texas, with respect to any claim, dispute, or cause of action relating to Your use of the Website and Content.
CONTACT INFORMATION.
If You have any questions or concerns regarding these TERMS OF SERVICE, please contact us at: Secured Mobility LLC., 920 Rockmoor Dr, Georgetown, TX, 78628 Attn: Legal Department.
Last Updated: March 25, 2021.
