This User Agreement (the “Agreement”) is a contract between You (hereinafter the “User”, or “You”, and in the possessive form, “Your”) and Smashtech, LLC (“SMASH” or “Smashtech, LLC” or “SMASH!” or “SMASH” or “Service” or “Smashapp”) , and governs Your use of Smash’s Services (Site and Application). It is entered into in consideration for all the obligations, terms, and covenants set forth herein, and other good and valuable consideration. By using Smash’s Services, You acknowledge that You have read, and that You agree to and accept all of the terms and conditions contained in this Agreement.
Please read this Agreement carefully. It governs your conduct while using the Services. By accessing, using or downloading any materials from the Site and App, you agree to follow and be bound by the Terms. SMASH and its third party providers may make improvements and/or changes in the products, services, mobile applications, features, programs, and prices described in this Site and App at any time without notice. Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages at this Site and App. The Site and App are not intended for and are not designed to attract children under 13 years of age. If you do not agree with the Terms, please do not use this Service. BY CONTINUING TO USE THE SERVICE, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS AND ALL REVISIONS THEREOF. SMASH reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site and App or any portion thereof with or without notice. You agree that SMASH shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or any portion thereof.
To be eligible for our Services, You must be at least 13 years old. When signing up for our services, You authorize Smash, directly or through third parties, to make any inquiries we consider necessary to validate Your identity. This may include asking You for further information, requiring You to take steps to confirm ownership of Your email address, or mobile phone, and verifying Your information against third party databases, networking sites, or through other sources.
To use the services available on the Site and App, you must complete the membership registration form. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s and App registration form (“User Data”) and (b) maintain and promptly update the User Data to keep it accurate and current. You agree that SMASH may use your User Data to provide services on the Site and App for which you have expressed interest. If you provide any information that is inaccurate or not current, or SMASH has reasonable grounds to suspect that such information is inaccurate or not current, SMASH has the right to suspend or terminate your account and refuse any and all current or future use of the Service. In consideration of your use of the Site and App, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of any applicable jurisdiction.
The services that Smash provides are strictly for the registered user only. We will not be held accountable for any information that is used by a third party not privy to this agreement. In addition, you may not use Smash to spread or communicate anything: • a. that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another's privacy; • b. that harasses, degrades, intimidates or is hateful toward an individual or group of individuals in any way; • c. that purports to be from any person or entity, other than the User, or falsely states or otherwise misrepresents Your identity; • d. that includes personal or identifying information about another person without that person's explicit consent; • e. that is false, deceptive, misleading, deceitful, or mis-informative; • f. that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that You do not have a right to make available under any law or under contractual or fiduciary relationships; • g. that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law; • h. that contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, device, or telecommunications equipment; • i. that employs misleading email addresses, names, photographs, or forged headers or otherwise manipulated identifiers in order to disguise the origin of transmitted content; • j. that violates Federal or State Law, including, without limitation, do not call lists and laws governing spam email, and other similar laws; • k. that seeks to engage in unlawful or violent activity, and the App may not be used for any such activity;
Smash is a free application (“App”) service for users. Fees may apply for our advertising partners, as set forth in the corresponding advertising agreements. We reserve the right to cancel your accounts anytime. We reserve the right to change our service plans to require user fees or App download fees at any time without prior notice.
You are solely responsible for maintaining the confidentiality of the password or mobile phone associated with your account and for restricting access to your password and to your computer or phone while logged into the Site or App. You accept responsibility for all activities that occur under your account or from your computer or other devices. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Site and App or its contents. You agree to immediately notify SMASH of any unauthorized use or your account or password, or any other breach of security, and to accept all risks of unauthorized access to the User Data and any other information you provide to SMASH.
You understand that all information, data, scorecards, text, software, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, available in connection with the Site and App are the sole responsibility of the person from whom such Content originated. This means that you, and not SMASH, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Site or App. SMASH does not control or monitor the Content posted to the Site or App by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using SMASH, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will SMASH be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Service.
You may close Your Account at any time by following the instructions that will be updated from time to time on the application.
SMASH AND ANY THIRD PARTY PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SERVICE AND/OR ANY MATERIALS PROVIDED ON THIS SITE OR APPLICATION, ALL OF WHICH ARE PROVIDED ON AN 'AS IS' BASIS. SMASH AND ANY THIRD PARTY PROVIDERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE OR APPLICATION AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SMASH SEEKS TO CONNECT USERS WITH FELLOW USERS THAT MAY, FROM TIME TO TIME, REASONABLY ENCOUNTER ISSUES THAT MAY IMPACT THE SERVICES, SUCH AS ILLNESS, HOLIDAYS, ISSUES OF FORCE MAJEUR, ETC. SMASH SHALL NOT BE LIABLE NOR REFUNDS WILL BE AVAILABLE IN SUCH CASES. SMASH WILL NOT BE HELD LIABLE FOR THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE CONTENT OR DATA PROVIDED BY ANY OTHER USER AND WILL NOT BE HELD LIABLE FOR ANY UNLAWFUL, VIOLENT, OR TORTIOUS ACTS OF ONE USER AGAINST ANOTHER USER. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE FULLEST EXTENT ALLOWABLE BY SUCH STATE’S LAW.
You agree to not use the Site and App to: (a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a SMASH official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (e) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (g) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; and/or (i) intentionally or unintentionally violate any applicable local, state, national or international law. You specifically agree not to access (or attempt to access) the Site or App or the Content through any automated means (including the use of any script, web crawler, robot, spider, or scraper), and that you will not forge or manipulate identifiers in order to disguise the origin of any access (or attempted access) to the Service.
You acknowledge that SMASH may or may not pre-screen or monitor Content, but that SMASH and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse or remove any Content that is available via the Site and App. Without limiting the foregoing, SMASH and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content available in connection with the Service, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that SMASH may access, preserve and disclose your User Data, Payment Method information and other Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of SMASH, its users and the public. Subject to the foregoing, SMASH will use reasonable efforts to maintain the confidentiality of your User Data and Payment Method information.
The Site and App are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Site and App, use of the Site and App or access to the Site and App.
SMASH is Copyright 2016 SMASHTECH, LLC., all rights reserved. All site and application content, including Agreements, Disclosures, Website Text, Application Text, Layout, and Images are property of SMASHTECH, LLC, or are used under license. You may not reproduce, republish, or redistribute material from the website or App without permission of SMASHTECH, LLC or the original copyright holder. Nothing contained on this site or App should be construed as granting, by implication, waiver, estoppel, or otherwise, any license or right to use any of the copyrights without the written permission of SMASHTECH, LLC.
With respect to Content you submit or make available for inclusion on the Site and App (other than User Data or Payment Method information), you grant SMASH a worldwide, perpetual, irrevocable, royalty-free and non-exclusive license, as applicable, to use, distribute, reproduce, modify, adapt, publicly perform and publicly display and otherwise exploit such Content on the Site and App for the purposes of providing and promoting the Service and the features and services available on the Site and App.
Any content and/or opinions posted to the Site, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinions of the Company. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by You or any other user of the Site.
We have the right to remove or refuse to post any user content for any or no reason in our sole discretion. However, we cannot review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. The Site and App may provide you with the option of making certain Content that you submit to the Site and App as private or available only to select users of the Site and App. If, upon submission of Content to the Site and App, you initially elect to mark such Content as private or available for a limited group of users, SMASH will maintain the privacy of such Content in accordance with your election. However, if you do not elect to mark your Content as private or available for a limited group of users, or later change such designation to allow such Content to be made generally available, SMASH can not and does not guarantee the privacy of such Content.
You acknowledge and agree that the Service, any necessary software used in connection with the Service (if any) and any Content available on the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by SMASH or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, the software or Content available on the Service (other than Content that you may submit), in whole or in part.
SMASH grants you a personal, non-transferable and non-exclusive right and license to access and use the Site and App; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Site and App. You agree not to access the Site and App by any means other than through the interface that is provided by SMASH for use in accessing the Site and App.
The term SMASH, the SMASH logo and other SMASH logos and product and service names are the exclusive trademarks of, and are owned by, SMASHTECH LLC., and you may not use or display such trademarks in any manner without SMASH’s prior written permission. Any third party trademarks or service marks displayed on the Site and App are the property of their respective owners.
When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of SMASH, to access and use that information, and to associate it with you (i.e., your name and profile picture).
When you delete your account, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand and agree that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
We welcome your comments, feedback, suggestions, and other communications regarding the Service and the information and services we make available through the Site and App (collectively, “Feedback”). While you are not obligated to provide Feedback, in the event that you provide Feedback, you hereby grant to SMASH a worldwide, non-exclusive, transferrable, assignable, sub-licenseable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send SMASH any Feedback that you do not wish to license to us as set forth above.
SMASHTECH, LLC assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect Your computer, telephone, tablet, equipment or other property on account of Your access to, use of, or browsing in this Service or Your downloading of any materials, data, text, images, video or audio from the site or App. We are also not responsible for any loss attributed to the use of our application or services. In no event shall Smash or SMASHTECH, LLC or any third party providers or distributors be liable for any injury, loss, claim, damage, or damages, including, but not limited to, any special, exemplary, punitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this Service, application, or content found herein, or (ii) the actions or inactions of any other App users, registered or unregistered, or (iii) any sports related injuries stemming from the use of this site or App. Liability in all events shall be limited to the fee incurred by the User in downloading the application, if any.
The Service functions as a venue to connect members in a virtual information place. As a neutral facilitator, SMASH is not directly involved in the actual transactions between members of the Site and App. As a result, SMASH has no control over the truth, accuracy, quality, legality, or safety of postings made by users of the Site and App. SMASH shall have no responsibility to confirm the identity of members. SMASH shall also have no responsibility to confirm or verify the qualifications, background, or abilities of users of the Site and App. You shall at all time exercise common sense and good judgment when dealing with any user of the Service.
The Service may provide you with the ability to send e-mails, post messages to user forums, enter chat rooms, speak via Internet voice connections or send similar messages and communications to third party service providers, advertisers, other users and/or SMASH. You agree to use communication methods available on the Service only to send communications and materials related to the subject matter for which SMASH provided the communication method, and you further agree that all such communications by you shall be deemed your Content and shall be subject to and governed by the Terms. By using any of the communications methods available on the Site and App, you acknowledge and agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers, advertisers or other third parties are not be endorsed, sponsored or approved by SMASH (unless expressly stated otherwise by SMASH) and (c) communications are not pre-reviewed, post-reviewed, screened, archived or otherwise monitored by SMASH in any manner, though SMASH reserves the right to do so at any time at its sole discretion in accordance with the Terms. You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE ON THE SERVICE IS PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. SMASH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SMASH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
YOU EXPRESSLY AGREE THAT SMASH IS NOT PROVIDING MEDICAL ADVICE VIA THE SITE AND APP. THE CONTENT PROVIDED THROUGH THE SERVICE, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THIS SERVICE, AND YOU SHOULD NOT USE THE SERVICE OR ANY CONTENT ON THE SERVICE FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND SMASH.
YOU EXPRESSLY AGREE THAT YOUR ATHLETIC ACTIVITIES, WHICH GENERATE THE CONTENT YOU POST OR SEEK TO POST ON THE SERVICE (INCLUDING BUT NOT LIMITED TO TENNIS) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF SMASH OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS. YOU ALSO EXPRESSLY AGREE THAT SMASH DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY EQUIPMENT, GROUP MATCH OR EVENT THAT UTILIZES SMASH’S SITE AND APP.
YOU EXPRESSLY AGREE TO RELEASE SMASH, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR ATHLETIC ACTIVITIES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH YOUR ATHLETIC ACTIVITIES. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICE, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY SMASH WHILE ENGAGED IN ATHLETIC ACTIVITIES, (c) YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICE, (d) ANY DELAY OR INABILITY TO USE THE SERVICE EXPERIENCED BY YOU, (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SMASH HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify and hold SMASH and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Site and App, your use of the Service, your athletic activities which generate the Content you post or seek to post on the Service (including, but not limited to, athletic activities in connection with any contests, races, group rides, or other events which SMASH sponsors, organizes, participates in, or whose Service is used in connection with), your connection to the Service, your violation of the Terms, or your violation of any rights of another person or entity.
You agree to defend, indemnify and hold SMASHTECH, LLC its officers, managers and employees harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of Your breach of this Agreement and/or Your use of the Services. Without limitation, this Agreement and any additional terms and conditions that apply to your use of any specific services, features and functions of the Service, as well as any other documents, policies and provisions we refer to in any of the foregoing, all of which are hereby incorporated herein by this reference, contains the entire understanding and agreement between you and SMASH and supersedes any and all prior, inconsistent or other understandings relating to this Agreement or the Service and your use of the Service. This Agreement cannot be modified, changed or terminated by you, except as specifically described herein. We reserve the right in our sole and absolute discretion to modify this Agreement at any time.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions herein and this Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the Service, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose).
Neither the execution of this Agreement, nor the disclosure of any Proprietary Information hereunder, shall be construed as granting either expressly or by implication, estoppel or otherwise, any license under any invention or patent now or hereafter owned by or controlled by the parties.
If a dispute arises between You and SMASHTECH, LLC please contact us first. Our goal is to learn about and address Your concerns and, if we are unable to do so to Your satisfaction, to provide You with a neutral and cost effective means of resolving the dispute quickly. Disputes between You and SMASHTECH, LLC regarding our services may be reported to customer service online through our App or website.
In no event shall SMASHTECH, LLC or any third party providers or distributors be liable for any injury, loss, claim, damage, or damages, including, but not limited to, any special, exemplary, punitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability, or otherwise, which arises out of interruptions of service caused by an act of God, terrorism, accident, fire, labor controversy, riot, civil commotion, act of public enemy, law, enactment, rule order, or act of any government or governmental instrumentality, failure of technical facilities, failure or delay of transportation facilities, illness or incapacity, or other cause of a similar or dissimilar nature not reasonably within the control of SMASHTECH, LLC or which SMASHTECH, LLC could not by reasonable diligence have avoided (each such act specified in this paragraph shall be referred to herein as a “force majeure event”).
YOU HEREBY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING NOW OR IN THE FUTURE UNDER OR RELATING IN ANY WAY TO THIS AGREEMENT, OR TO THE ONLINE SERVICE (“CLAIM”), REGARDLESS OF THE NATURE OF THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF), SHALL BE RESOLVED BY BINDING ARBITRATION. CLAIMS SUBJECT TO ARBITRATION INCLUDE CLAIMS THAT ARE MADE AS COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR OTHERWISE. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU OR WE MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY. YOU FURTHER AGREE THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL) TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY; NOR WILL YOU BE ABLE TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY.
This Agreement and its performance shall be governed by the laws of the state of Florida, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of Miami-Dade county, state of Florida, United States of America, in all questions and controversies arising out of your use of this Service and this Agreement, including all questions and controversies subject to binding arbitration. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this Service must be brought within one (1) year from the date on which such claim or action accrued.
This Service is controlled by SMASH from its offices within the United States of America. SMASH makes no representation that the Content in the Site or the App are appropriate or available for use in other locations, and access to them from territories where their content or use is illegal is prohibited. Those who choose to access this Service from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws.
If SMASHTECH, LLC takes any action to enforce this Agreement, SMASHTECH, LLC will be entitled to recover from You, and You agree to pay, all reasonable and necessary attorney's fees, costs, and any costs of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
Our failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches.
SMASHTECH, LLC may terminate this Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this site and/or app or Your failure to comply with these terms and conditions. Such termination shall not effect any right to relief to which SMASHTECH, LLC may be entitled, at law or in equity. Upon termination of this Agreement and these terms and conditions, all rights granted to You will terminate and revert to SMASHTECH, LLC as applicable.
You agree that SMASH may, under certain circumstances and without prior notice, immediately terminate your account and/or access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Service. Termination of your account may include (x) removal of access to all offerings within the Service, (y) deletion of your information, files and Content associated with or inside your account, and (z) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in SMASH’s sole discretion and that SMASH shall not be liable to you or any third party for any termination of your account or access to the Service.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Facebook to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time, following the instructions on the app or website.
You may not assign, convey, subcontract or delegate Your rights, duties or obligations hereunder.
You agree that no joint venture, partnership, employment or agency relationship exists between you and SMASH as a result of the Terms or your use of the Service. The Terms constitute the entire agreement between you and SMASH with respect to your use of the Service. The failure of SMASH to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of SMASH. SMASH has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Service. SMASH’s notice to you via email, regular mail or notices or links on the Site and App shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
This Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between SMASHTECH, LLC and the User relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Service.
We will provide support to you related to the Service via the following methods: • Website (http://smash-app.com) • Email (email@example.com)
We strive to respond to support requests within 72 hours after the request is placed.
If you have any questions regarding these Terms, please contact us by email at firstname.lastname@example.org