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TERMS AND CONDITIONS

Disclaimers

SMARTALEC.BIZ DOES NOT WARRANT THIS SITE OR ANY CONTENT, VIDEOS, OR SERVICE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT AND VIDEOS ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. SMARTAlec.biz DOES NOT GUARANTEE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE FROM VIRUSES OR OTHER DESTRUCTIVE FEATURES. SMARTAlec.biz DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SMARTAlec.biz DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SMARTAlec.biz SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, THIRD PARTY CONTENT POSTED ON THE SITE, SITE CONTENT, VIDEOS, AND RELIANCE ON LINKED SITES.

Site Ownership; Agreement to Terms & Conditions

These Terms and Conditions (the "Terms") apply to the web site located at www.smartalec.biz, and all connected sites linked to www.smartalec.biz by New Concepts Development Corporation ("MacSales.com "), its subsidiaries and affiliates, including Other World Computing, Inc., MacSales.com .net, Inc., and Fastermac.net (collectively, the "Site"). The Site is the property of SMARTAlec.biz and its licensors. IF YOU VISIT OR SHOP AT THE SITE, YOU ACCEPT THESE TERMS & CONDITIONS.

Content

All text, graphics, interfaces, pictures, trademarks, logos, sounds, music, art, Videos, and code ("Content"), including but not limited to the design, selection, "look and feel", compilation, and arrangement of such Content, is protected by copyright, trademark, and various other intellectual property laws. All rights reserved. Except as expressly provided in the Terms, no part of the Site or Content may be copied, reproduced, republished, uploaded, posted, encoded, translated, transmitted or distributed in any way to any other computer, server, web site or other medium for publication or distribution or for any commercial purpose, without SMARTAlec.biz 's prior written consent.

All Site Instructional Videos ("Videos"), are owned or licensed by or to SMARTAlec.biz , and are protected by copyright, trademark, and various other intellectual property laws. Except as expressly provided below, no part of the Videos may be copied, reproduced, republished, uploaded, posted, encoded, translated, transmitted or distributed in any way to any other computer, server, web site or other medium for publication or distribution or for any commercial purpose, without SMARTAlec.biz 's prior written consent.

SMARTAlec.biz permits the downloading and distribution of its Videos, provided that you agree to comply with the following conditions in addition to the Terms:

  1. Videos may only be used in their complete, unmodified format. No clipping, altering, or creating derivative works of Videos in any manner is allowed;
  2. Videos may not be used for any commercial use, including but not limited to, selling Videos, incorporating Videos into other products intended for resale (for-profit); and using the Videos to directly or indirectly sell, market, or advertise your (or any other third party's) products or services;
  3. Videos may not be used in any manner that would, in the sole discretion of SMARTAlec.biz , harm the reputation of SMARTAlec.biz , or in a manner that is inappropriate in light of community decency standards;
  4. SMARTAlec.biz requests for consideration of Video use a prominent link back to www.smartalec.biz and, where applicable, any referenced SMARTAlec.biz product links shall be directed to the appropriate www.smartalec.biz product description page;
  5. You agree to indemnify and hold harmless SMARTAlec.biz, and its owners, affiliates, agents, and employees, from and against any claims, costs, or damages (including attorney's fees) arising from your use and/or distribution of the Videos. Although every effort is made to provide the most accurate and useful information in Videos, no warranty, expressed or implied, is made regarding accuracy, completeness, reliability, or usefulness of any information. Models used for demonstration on Videos may vary from that used by you. You use the Videos at your own risk, and you agree SMARTAlec.biz shall not be held liable for any use of the information contained in Videos;
  6. Your use of Videos is expressly subject to these Site Terms and Conditions. In no event shall SMARTAlec.biz be liable for any direct, indirect, incidental, special, exemplary, or consequential damages howsoever caused and under any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the Videos, even if advised of the possibility of such damage. This disclaimer of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion of data, defect, delay, computer virus, destruction, or negligence;
  7. You agree to immediately cease using Videos upon receipt of notice from SMARTAlec.biz that you are in violation of its conditions of Video use. All other rights reserved. Please contact support@SMARTAlec.biz for more information or guidance in using SMARTAlec.biz Videos on your site.

The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference: Privacy Policy.

Accounts & Passwords

Certain services offered on or through the Site may require you to open an account. You are responsible for maintaining the confidentiality of all account information for accounts owned by you, including your password, and for any activity that occurs under your account. You may not use anyone else's account, username, password for any SMARTAlec.biz account, at any time without express consent. SMARTAlec.biz is not liable for any loss or damage arising from your failure to comply with these obligations.

Links; Blogs and Other Third Party Content

This Site may contain links to other independent third-party web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience. Such Linked Sites are not under SMARTAlec.biz 's control, and SMARTAlec.biz is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on Linked Sites.

At times, Site visitors may post reviews, suggestions, questions, comments, photos, and other content to the Site, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious or objectionable to third parties and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to content origin when posting to the Site. SMARTAlec.biz reserves the right (but not the obligation) to remove or edit such content, but cannot review all posted content.

If you do post content or submit material, you grant SMARTAlec.biz a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant SMARTAlec.biz the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify SMARTAlec.biz for all claims resulting from content you supply. SMARTAlec.biz takes no responsibility and assumes no liability whatsoever for any content posted by you or any third party.

FEEDBACK

If available, SMARTAlec.biz Reviews offers you, as a customer, the opportunity to share your experiences with our products and services. In addition, if you wish to share feedback with us about products, pricing, ordering or other customer service issues, please do not submit this feedback through a product review. Instead, contact us directly.

Where a review page is available, the following shall apply:

When writing your comment/review, please consider the following guidelines:

  • Focus on the product and your individual experience using it
  • Provide details about why you liked or disliked a product
  • There is a 1,000 word maximum on reviews. The recommended length is 75 to 300 words. All reviews submitted are screened before they are posted to the website. SMARTAlec.biz reserves the right to deny public posting rights to any review, specifically if it contains any of the following types of content or violates other guidelines, including but not limited to:
  • Obscenities, discriminatory language, or other language not suitable for a public forum;
  • Advertisements, “spam” content, or references to other products, offers, or websites;
  • Email addresses, URLs, phone numbers, physical addresses or other forms of contact information;
  • Critical or spiteful comments on other reviews posted on the page or their authors.

Please note that all submitted reviews are subject to the additional terms set forth below. BY SUBMITTING YOUR REVIEW YOUR AGREE TO THE FOLLOWING TERMS & CONDITIONS:

These Terms of Use govern your conduct associated with the Customer Ratings and Review service offered by Other World Computing (the "CRR Service"). To the extent of any conflict between Other World Computing's Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the CRR Service. By submitting any content to SMARTAlec.biz/ Other World Computing, you represent and warrant that:

  • You are the sole author and owner of the intellectual property rights thereto;
  • All "moral rights" that you may have in such content have been voluntarily waived by you;
  • All content that you post is accurate;
  • You are at least 13 years old;
  • Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity. You further agree and warrant that you shall not submit any content:
  • That is known by you to be false, inaccurate or misleading;
  • That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control,
  • Consumer protection, unfair competition, anti-discrimination or false advertising);
  • That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
  • For which you were compensated or granted any consideration by any third party;
  • That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
  • That contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold New Concepts Development Corporation, its subsidiaries, Other World Computing, Inc and SMARTAlec.biz, along with its officers, directors, agents, joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc., harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant SMARTAlec.biz a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at SMARTAlec.biz's sole discretion. SMARTAlec.biz reserves the right to change, condense or delete any content on SMARTAlec.biz 's website that SMARTAlec.biz deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. SMARTAlec.biz does not guarantee that you will have any recourse through SMARTAlec.biz to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, SMARTAlec.biz reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not SMARTAlec.biz , are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of SMARTAlec.biz , its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

By submitting your email address in connection with your rating and review, you agree that SMARTAlec.biz and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.

Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL SMARTAlec.biz BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF SMARTAlec.biz HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY AGAINST SMARTAlec.biz FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.

Indemnity

You agree to indemnify and hold SMARTAlec.biz , its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including reasonable attorneys' fees), made against SMARTAlec.biz by any third party due to or arising out of or in connection with your use of the Site.

Information Disclosure

SMARTAlec.biz appreciates the value of information and respects your privacy. However, SMARTAlec.biz may disclose any information we have about you (including your identity or your communications with SMARTAlec.biz through the Site) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with SMARTAlec.biz's rights or property, or the rights or property of users of the Site. SMARTAlec.biz reserves the right at all times to disclose any information that SMARTAlec.biz deems necessary to comply with any applicable law, regulation, legal process or governmental request. SMARTAlec.biz also may disclose your information when SMARTAlec.biz determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes, or if SMARTAlec.biz determines disclosure is reasonably necessary to protect the rights, property or personal safety of SMARTAlec.biz , its employees, users or visitors to the Site, and the public. For more information, please see SMARTAlec.biz 's Privacy Policy.

Void Where Prohibited

Any offer for any feature, product or service on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so at your own risk and you are solely responsible for complying with applicable local laws. SMARTAlec.biz reserves the right to limit, in its sole discretion, the provision and quantity of any Site feature, product or service to any person or geographic location.

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