SMARTSUBS.COM

Terms of Use

The following sets forth the terms of use (also known as the “Terms”) for this Web site, which is operated by ContentNow, Inc., d/b/a/ SmartSubs (or “SmartSubs”), and supersedes any previous statement of such policies.  Throughout these Terms, the word “Site” is used to refer to this Web site.  By using the Site, you are consenting to these Terms.  SmartSubs may modify, alter or update these Terms at any time without prior notice, and your subsequent use of the Site shall constitute your consent to the modification, alteration or update.  If you are interested in SmartSubs’ information collection and use practices, please use this link. Smartsubs-Privacy Policy

Permitted Use of the Site; Content

            This Site is provided on an “as is” basis by SmartSubs for the convenience of its customers and users, and the Site and the domain name(s) associated with it and all copyrights, trademarks and other proprietary and personal rights of the Site are the sole property of SmartSubs.  The Site is intended for use by persons 18 years of age or older.  You are permitted to access the Site and the content provided by SmartSubs (which may include text, images, hosted software, sound files, video or other content, and may be provided via the Site or otherwise) (collectively, “Content”) solely for the purpose of receiving information about SmartSubs’ business and products, communicating with SmartSubs, purchasing goods or services offered by SmartSubs, or otherwise as stated on the Site. 

            SmartSubs hereby grants a worldwide, fully paid-up, perpetual, non-exclusive, non-transferable license to you to use the Content solely for the purpose of operating the Site.

You may not copy, modify, reproduce, retransmit or otherwise utilize the Content in any other fashion or for any other purpose without the express written permission of the Content’s owner.  You may only link to the Site for the purpose of directing other users to the Site, and must remove any link to the Site immediately on request from SmartSubs.  All copyrights, trademarks, patents, trade secrets and other proprietary rights contained within the Site are the sole property of SmartSubs and/or its licensors, each of whom reserves all rights with regard to such materials.

            SmartSubs may at its option provide you with one or more areas within the Site for online discussions (e.g. message boards, wikis, chat rooms or blogs).  Should you choose to participate in such a forum, you agree not to utilize the forum for illegal or inappropriate purposes.  SmartSubs reserves the right but will not be obligated to edit or delete postings to its forums at any time and for any reason.  SmartSubs shall also have no responsibility or liability for any content created or posted by you or other third parties within any online forum.

            You hereby grant SmartSubs a worldwide, perpetual, non-exclusive, transferable, fully-paid license to use, copy, perform, or revise any content provided by you to SmartSubs via the Site (which is referred to in these Terms as “User Content”), including but not limited to any forum posts you may create.  In connection with such User Content, you warrant and represent to SmartSubs that you have all rights, title and interests necessary to provide such User Content to SmartSubs, and that your provision of the User Content to SmartSubs shall not infringe any third party’s proprietary or personal rights, including but not limited to any trademark, copyright, patent, or trade secret.

Purchases and Services

            Each purchase of a product on the Site requires the simultaneous enrollment by you in a specified service, which may included a free limited-time trial. The trial period (if any) and ongoing price for each service are listed on the purchase page for the product with which they are paired. Services are offered by third parties, and the offerings and other details of such services are the sole responsibility of the third parties which offers them.
You must provide us with current contact information when you make a purchase, and/or update previously provided contact information should it change. If for whatever reason SmartSubs needs to contact you to confirm or otherwise in connection with an order and we are unable to reach you within 30 days, we will cancel that product order; in such a case, however, the service you signed up for with that order will not be cancelled by us. However, if a product you order is on backorder or out of stock for more than 30 days after your order, we may cancel the order; in such cases we will also cancel the subscription that was bundled with the product, although we will not reimburse you for subscription charges (if any) incurred during that 30 day backorder period.

Amounts to be charged may include sales and other taxes where applicable and any other amounts indicated on the Site.  To the extent that you are responsible for any additional taxes or fees beyond those collected by SmartSubs, you agree that you will pay them when due.

            SmartSubs shall not be responsible for any errors or transmission failures with regard to the charging and collection of funds from your indicated payment method, nor for any actions taken by the provider of the payment method you choose (which could include refusal to authorize the charge).  In addition to these Terms, any payments made by you may be subject to the agreement between you and the provider of the payment method. 

            As between you and SmartSubs, you are responsible for all charges related to purchases made using your account and payment method, whether or not you authorized such purchases.

Disclaimers

SmartSubs makes no warranties, express or implied, with regard to the Site, its operation, any product you purchase or service you obtain via the Site, or your use of the Site, including but not limited to warranties of merchantability or fitness for a particular purpose.  SmartSubs makes no warranties as to the availability, up-time, functionality, error-free nature or reliability of the Site, the Internet, third-party services obtained via the Site or other technology utilized to present, access or utilize the Site, nor does it warrant that the Site or anything you purchase or obtain via the Site shall be free of computer viruses or other malicious content.  SmartSubs reserves the right to modify, suspend or discontinue the offering of the Site at any time for any reason without prior notice.  Further, while SmartSubs utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer or other property by your use of the Site.

IN NO EVENT SHALL SMARTSUBS BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF THESE TERMS OR THE SITE, EVEN IF SMARTSUBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  FURTHER, IN NO EVENT SHALL SMARTSUBS’ AGGREGATE LIABILITY FOR ANY REASON ARISING OUT OF THESE TERMS OR THE SITE FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION,  OR OTHERWISE,  EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO SMARTSUBS IN CONNECTION WITH THE SITE.

SmartSubs may provide links to third party Web sites from the Site.  Such links are provided for your convenience, and do not necessarily constitute an endorsement by SmartSubs of such sites or an affiliation between SmartSubs and the owners of such sites, nor shall SmartSubs be liable for the contents of such sites.  SmartSubs will also not be liable for any errors in such links, or for any malfunction of such links.

Indemnification

By using this Site, you agree to indemnify and hold harmless SmartSubs, its affiliates and contractors, and its and their officers, directors, employees and agents from and against any loss, claim, damage, obligation, liability, cost or expense (including, without limitation, reasonable attorneys’ fees and costs of any investigation or preparation) arising out of or in connection with any actual or threatened claim, suit, action or proceeding by any person based on or arising out any use by you or an account or computer owned by you of the Site or the Content or your provision of User Content to or purchases of anything from SmartSubs.

Governing Law; Forum

            These Terms shall be governed by and interpreted in accordance with the laws of the State of New York, United States of America.  You agree that the exclusive forum for any disputes arising out of these Terms and/or your use of the Site shall be the courts of appropriate jurisdiction located in the District of Columbia, United States of America.

Other Provisions

            The provisions regarding ownership, disclaimers, indemnification, governing law and forum set forth above will survive any termination of these Terms.  All notices to SmartSubs in connection with these Terms shall be provided in writing, and any notice will be deemed to be given on the date it is received.