Thank you for visiting
www.smartworksimaging.com, SmartWorks, Inc. and its
affiliates ("Smart Works") provide the content
and materials on this Site as an information service.
By accessing and using the Site, you are agreeing to
be legally bound by and comply with the terms contained
in this Terms of Use Agreement ("Agreement").
If you do not agree to these terms, you should refrain
from viewing information on or obtaining documents from
this Site.
1. General.
By using the Site, you, the user of the Site ("User"),
are subject to these Terms of Use. User may not use
the Site for any unlawful purpose. Smart Works may change
the terms in this Agreement at any time. The changes
will appear in this Agreement, and User\'s use of the
Site after the posting of any changes will constitute
User\'s agreement to the modified terms. Therefore,
User should read these Terms of Use each time before
User accesses the Site. User may print a copy of the
Terms of Use Agreement for reference.
2. Modifications of Site.
User understands and agrees that Smart Works may discontinue
or change the Site at any time, without notice. Also,
User understands and agrees that Smart Works may discontinue
or restrict User\'s use of the Site for any reason without
notice.
3. Copyright Protection.
The content displayed on the Site ("Content")
is the property of Smart Works or its licensors, and
is protected by U.S. and international copyright and
other intellectual property laws.
4. Content Use Limitations.
User agrees not to copy, reproduce, modify, display,
perform, publish, create derivative works from, or store
any Content on the Site. User also agrees not to distribute,
transmit, broadcast or circulate any Content to others,
without the express prior written consent of Smart Works,
except User may, on an occasional and irregular basis,
reproduce, distribute, display or transmit an insubstantial
portion of such Content, for a noncommercial purpose
and without charge, to a limited number of individuals,
provided User includes all copyright and other proprietary
rights notices with that portion of the Content, in
the same form in which the notices appear on the Site,
and the phrase "Used with permission from Smart
Works."
User may not post any Content to forums, newsgroups,
mail lists, electronic bulletin boards, or other web
sites, without the prior written consent of Smart Works.
Use of all Site Content is for non-commercial purposes
only.
Smart Works's Content includes information, tips, facts,
views, and opinions Smart Works deems worthy of publication.
Smart Works DOES NOT GIVE TECHNICAL, BUSINESS, OR ANY
OTHER PROFESSIONAL ADVICE THROUGH OR IN CONNECTION WITH
THE SITE.
5. Trademarks.
The Site contains trademarks and trade names of Smart
Works. Third party trademarks and trade names are the
property of their respective owners.
6. Links to Other Sites.
The Site contains hyperlinks to websites operated by
third parties. These hyperlinks are provided for the
benefit of the users of the Site. A hyperlink to a third
party website does not imply that Smart Works endorses
the content on or the business of the hyperlinked website.
User is solely responsible for determining the integrity
and reliability of the information on the hyperlinked
website.
7. Disclaimer of Warranties.
Although Smart Works strives to provide high quality
Content, Smart Works does not guarantee or warrant the
accuracy, completeness or timeliness of the Site Content.
USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE
INFORMATION FROM THE SITE IS AT USER\'S SOLE RISK. THE
CONTENT IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. Smart Works EXPRESSLY DISCLAIMS
TO THE USER ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. Smart Works MAKES NO WARRANTY
THAT THE CONTENT WILL MEET USER\'S REQUIREMENTS, OR
THAT ACCESS TO THE SITE AND THE CONTENT WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; NOR DOES Smart Works
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR
RELIABILITY OF ANY CONTENT. USER UNDERSTANDS AND AGREES
THAT ANY DOCUMENT AND/OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THIS INFORMATION SERVICE
IS DONE AT USER\'S OWN DISCRETION AND RISK AND THAT
USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER\'S
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL AND/OR DATA. Smart Works MAKES
NO WARRANTY REGARDING ANY INFORMATION OBTAINED FROM
ANY HYPERLINKED THIRD PARTY SITE. NO INFORMATION OBTAINED
BY USER FROM THE SITE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE
ABOVE EXCLUSIONS MAY NOT APPLY TO USER.
8. Limitation of Liability.
BY USING THE SITE, USER IS AGREEING THAT UNDER NO CIRCUMSTANCE
WILL Smart Works BE RESPONSIBLE FOR ANY INFORMATION
CONTAINED IN, DISPLAYED ON OR OMITTED FROM THE SITE;
ANY PERSON\'S RELIANCE ON ANY SUCH INFORMATION, WHETHER
OR NOT THE INFORMATION IS CORRECT, CURRENT OR COMPLETE;
THE CONSEQUENCES OF ANY ACTION USER OR ANY OTHER PERSON
TAKES OR FAILS TO TAKE BASED ON INFORMATION PROVIDED
BY OR AS A RESULT OF THE USE OF THE SITE.
USER SPECIFICALLY AGREES THAT Smart Works IS NOT LIABLE
FOR ANY CONDUCT BY USER ASSOCIATED WITH THE SITE, INCLUDING,
BUT NOT LIMITED TO, ACTIVITIES RELATING TO DATABASES,
DIRECTORIES, COMMUNITIES, RESUMES, USER PROFILES, SURVEYS,
CHAT ROOMS, MESSAGE BOARDS OR OTHER SERVICES CURRENTLY
OFFERED OR THOSE SERVICES THAT WILL BE OFFERED IN THE
FUTURE.
IN NO EVENT SHALL Smart Works BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING
FROM THE USE OR THE INABILITY TO USE THE SITE, OR FROM
ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE
OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION
OF TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER
INTANGIBLE PROPERTY, EVEN IF Smart Works HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT Smart
Works IS FOUND LIABLE, ITS LIABILITY TO USER OR ANY
THIRD PARTIES IS LIMITED TO $50. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF
THE ABOVE LIMITATIONS MAY OT APPLY TO USER.
9. Indemnity.
User agrees to indemnify Smart Works against any and
all claims and expenses, including attorneys\' fees,
arising from the User\'s use of the Site or breach of
the Agreement.
10. Revocation of Access.
Smart Works reserves the right to revoke User\'s access
to the Site or any use authorizations relating to the
Site granted to User.
11. User Input.
All electronic mail or communications provided by User
to Smart Works may be used by Smart Works for any purpose
without compensation to the contributor, subject to
Smart Works web site privacy policy.
12. Applicable Law.
User acknowledges that the Content contained in this
Site is controlled in and originates from the United
States. Smart Works makes no representation that any
of the Content is appropriate or available for use in
other locations. Smart Works has no responsibility for
any access to this web site from territories where the
Content may be illegal or otherwise prohibited. Users
who choose to access this Site from other locations
do so at their own risk and are responsible for compliance
with applicable local laws. Any claim relating to the
use of Site and any Content shall be governed by the
internal substantive laws of the State of Colorado,
without regard to its conflicts of laws rules. User
expressly consents to the jurisdiction of the state
and federal courts of Colorado for any such claim.
