PURPOSE OF THIS AGREEMENT
Referred to as the “websites,” Smart Brand Marketing operates or maintains the websites www.smartbrandmarketing.com and www.wecreateonlinecourses.com. This document describes the Terms and Conditions of Use for our websites. Please review it carefully.
Your access to and use of our websites are subject to the following Terms and Conditions of Use without limitation or qualification, as well as all applicable laws. Your access to the websites is in consideration for your agreement to these Terms and Conditions of Use, whether or not you are a registered user. By accessing, browsing, and using the Site, you accept, without limitation or qualification, these Terms and Conditions of Use.
NOTICE OF PRIVACY
Our Notice of Privacy describes how we use and disclose your personal information. For instance, the Notice of Privacy describes how we share information with our contractors. By accessing, browsing, and using the websites, you accept, without limitation or qualification, our Notice of Privacy. The Notice of Privacy may change without notice. You may view the Notice of Privacy in our websites or request a copy by contacting us at Support@smartbrandmarketing.com.
INFORMATION VOLUNTEERED BY YOU
We may ask you for identifying information to provide services. During your visit to the websites, you may also participate in a voluntary survey or send an e-mail. The information collected is not limited to text characters and may include audio, video, and graphic information. The types of personal information we collect from you and the purpose for which we collect that information is described in our Notice of Privacy. You may access the Notice of Privacy as described above.
When contacting us by email, we recommend that you only provide the personal information that you think we need to respond to your concern. If, however, you do not give us enough information, we may not be able to contact you or help you resolve your concern. We may use the information to improve our service to you or to respond to your request. We may forward your e-mail to other state employees who may be better able to help you, and this staff may be employed by a third party. Except for authorized law enforcement investigations or as required by law, we do not share our e-mail with any other organizations.
INFORMATION COLLECTED AUTOMATICALLY BY OUR WEBSITES
When you browse through any websites, certain information about your visit can be automatically collected. While you are visiting this websites, at least the following information will be automatically tracked:
The Internet Protocol Address and domain name used but not the e-mail address. The Internet Protocol address is a numerical identifier assigned either to your Internet service provider or directly to your computer. We use the Internet Protocol Address to direct Internet traffic to you and generate statistics used in the management of this site;
- The type of browser and operating system you used;
- The date and time you visited this site;
- The web pages or services you accessed at this site;
- The websites you visited prior to coming to this websites;
- The websites you visit as you leave this websites;
- Amount of data sent from the web server to websites visitor during that connection;
- Amount of data sent from websites visitor to the web server;
- Uniform Resource Locator (URL) that referred to the requested file;
- The exact request the user made;
- The transport protocol and the version used;
- Version of HTTP used by the visitor’s web browser software; and
- If you downloaded a form, the form that was downloaded.
The information we automatically collect or store is used to improve websites content and to help us understand how people are using our site. This information does not identify you personally and is used for gathering information such as websites statistics, which are used for authorized purposes. For instance, the authorized purposes may include assessing what information is of interest, determining technical design specifications, and identifying system performance or problem areas. This information helps us analyze our websites to continually improve the value of the materials available, including, but not limited to, our marketing materials. Smart Brand Marketing may provide or distribute certain lists and statistical reports of regulatory information as provided by law, but no personal information is sold or distributed, and all relevant legal protections still apply to the websites. If you voluntarily participate in an activity that asks for specific information (i.e., completing a request for assistance, personalizing the content of the websites, sending an e-mail or participating in a survey), more detailed data will be collected.
To better serve you, we occasionally use “session cookies” to enhance or customize your visit to these websites. Session cookies can be created automatically on the device you use to access these websites. They do not contain personal information and do not compromise your privacy or security. A session cookie is erased during operation of your browser or when your browser is closed.
If you wish, you may complete a registration to personalize this websites and permit a “persistent cookie” to be stored on your computer’s hard drive. This persistent cookie will allow the websites to recognize you when you visit again and tailor the information presented to you based on your needs and interests. Smart Brand Marketing uses persistent cookies only with your permission.
The software and hardware you use to access the websites allows you to refuse new cookies or delete existing cookies. Refusing or deleting these cookies may limit your ability to take advantage of some features of this websites.
RIGHT TO HAVE YOUR PERSONAL INFORMATION DISCARDED
If you choose, you may have any personal information collected about you discarded without reuse or distribution, provided we are given timely notice.
Permission to Distribute or Sell Your Personal Information
Smart Brand Marketing will not distribute or sell any electronically collected personal information about you to any third party without your permission.
You have the right to request a copy of your records. To do so, please contact us at Support@smartbrandmarketing.com
MODIFICATION OF THIS AGREEMENT
Smart Brand Marketing reserves the right at any time and in its sole discretion to modify, suspend, or discontinue the websites (or any portion thereof) with or without notice. By continuing to use this websites after any amendment, you agree to accept any such change.
PERMISSION TO ACT ON YOUR BEHALF
Any instructions, choices, or requests you make on our websites(s) will be considered your written permission to Smart Brand Marketing to provide information or conduct transactions on your behalf.
Certain portions of the websites are limited to registered users or allow a user to request support or services online by entering personal information. Your approval as a registered user is at the sole discretion of Smart Brand Marketing. This account access is granted subject to compliance with law and these Terms and Conditions of Use.
By registering, you agree that any information provided to us will be complete and accurate, that you will not register under the name of, nor attempt to enter the websites under the name of, another person, and that you will not adopt a user name that Smart Brand Marketing, in its sole discretion, deems offensive. You agree to inform us of any updates or changes to your registration information.
You agree to keep your account information and password confidential. You agree to notify Smart Brand Marketing immediately of any actual or suspected unauthorized use of your account at Support@smartbrandmarketing.com.
You are solely responsible for all activities that occur through your account. Smart Brand Marketing will not be liable for any loss or damage resulting from your failure to safeguard your password and account.
As part of creating your account, you may also be required to select questions and secret answers that may be used by Smart Brand Marketing to help verify your identity and assist in resetting your password. Some services may require added security, and in these cases, you may be asked to create an additional security key. Smart Brand Marketing permanently records the IP address of the machine you use for registration and each login thereafter. Finally, a unique ID number will be assigned to your account which will be used to identify your profile and associated information, such as login history and application history.
SAFEGUARDING YOUR INFORMATION
Smart Brand Marketing takes reasonable precautions to protect personal information it collects from loss, unauthorized access, illegal use, or unauthorized disclosure. Smart Brand Marketing uses Secure Socket Layer (SSL) encryption software to protect the security of individuals’ personal information during transmission of such information through Smart Brand Marketing websites. Such personal information is stored by Smart Brand Marketing in secure locations. Smart Brand Marketing staff is trained on procedures for the management of personal information, including limitations on the release of information. Access to personal information is limited to those members of Smart Brand Marketing staff and contractors whose work requires such access. Confidential information is destroyed according to Smart Brand Marketing records retention schedule. Smart Brand Marketing conducts periodic reviews to ensure that proper information management policies and procedures are understood and followed.
The functionality of this websites permits you to request or provide personal information-for example, medical information, income, etc. You are solely responsible for any loss of privacy or confidentiality of this information if you move this information outside this websites or disclose your password, or any other identifier to any other party. You agree to contact Smart Brand Marketing immediately if you have reason to believe that someone has gained unauthorized access to your password or any other identifier.
Our websites include links to outside websites that are not operated by Smart Brand Marketing. Smart Brand Marketing provides these links to users for their convenience. Smart Brand Marketing does not control these websites nor do we review or control their content. We make no representations or warranties as to the content of these websites and take no responsibility for such websites. These links are not an endorsement of products, services, or information, and do not imply an association between Smart Brand Marketing and the operators of the linked websites. If you access outside websites from our websites, you do so at your own risk. When you select a link to outside websites, you are subject to the terms and conditions of the owner/sponsors of that outside websites. We encourage you to review any site’s policies before providing any personal information.
THIRD-PARTY WEBSITES APPLICATIONS
CONTENT AND OWNERSHIP
Smart Brand Marketing makes use of copyrighted data (e.g., photographs) which may require additional permissions prior to your use. The unique branding of the site and various official seals and marks may not be used without permission. In order to use any information on these websites not owned or created by Smart Brand Marketing, you must seek permission directly from the owning (or holding) sources. Smart Brand Marketing shall have the unlimited right to use for any purpose, free of any charge, all information submitted via these websites except those submissions made under separate legal contract. Smart Brand Marketing shall be free to use, for any purpose, any ideas, concepts, or techniques contained in information provided through these websites.
United States and foreign copyright laws and international conventions protect the contents of the websites. You agree to abide by all copyright notices posted on the websites. The websites and the entire contents of the websites, including, but not limited to, text, files, images, graphics, illustrations, audio, video, and photographs on or offered through the websites (collectively, “Content”) are protected by intellectual property rights, including, as applicable and without limitation, copyrights, trademarks, patents, and other proprietary and intellectual property rights (“Intellectual Property Rights”) of Smart Brand Marketing or other third parties who have granted rights to Smart Brand Marketing.
Except as noted above, you receive no right or license, by implication, estoppel, or otherwise, in or under any patent, trademark, copyright, or proprietary right of Smart Brand Marketing or any third party through your use of this websites. No proprietary data on the Smart Brand Marketing websites may be downloaded, republished, resold, duplicated, or “scraped,” in whole or in part, for any purpose other than the personal uses permitted in these Terms and Conditions of Use.
You agree to access and use the websites only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules, and regulations pertaining to your use of the websites. By accessing the websites, you agree that you will not:
- Access, or attempt to access, this websites by any means other than through the interface that is provided by Smart Brand Marketing, unless you have been specifically allowed to do so in a separate, written agreement with Smart Brand Marketing. You specifically agree not to access or attempt to access this websites through any automated means (including, but not limited to, use of scripts, web crawlers, or screen scrapers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the site;
- Use for commercial purposes or resell any of the data derived from this websites unless you have been specifically allowed to do so in a separate, written agreement with Smart Brand Marketing;
- Use the websites to commit a criminal offense or to encourage others to engage in any conduct which would constitute a criminal offense or give rise to civil liability;
- Post or transmit any discriminatory, libelous, harassing, defamatory, obscene, pornographic, or otherwise unlawful content;
- Use the websites to impersonate other parties or entities;
- Use the websites to upload any content that contains a software virus, “Trojan Horse” or any other computer code, files, or programs that may alter, damage, or interrupt the functionality of the websites or the hardware or software of any other person who accesses the websites;
- Upload, post, email, or otherwise transmit any materials that you do not have a right to transmit under any law or under a contractual relationship;
- Alter, damage, or delete any content posted on the site;
- Disrupt the normal flow of communication in any way;
- Claim a relationship with or represent any business, association, or other organization with which you are not authorized to claim such a relationship or represent;
- Post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation;
- Post any material that infringes upon or violates the intellectual property rights of another; or
- Collect or store personal information about others.
SECURITY & MONITORING NOTICE
To protect these websites as well as the associated computer system supporting the websites from unauthorized use and to ensure that the computer system is functioning properly, individuals accessing this websites and the associated computer system are subject to having all of their activities monitored and recorded by personnel authorized to do so. Network traffic is monitored in order to identify unauthorized attempts to upload or change information, or otherwise conduct criminal activity. Anyone using these websites and the associated computer system expressly consents to such monitoring. Smart Brand Marketing reserves the right, but is not obligated to (except as required by applicable law,) report any illegal activity to any and all regulatory, administrative and/or governmental authorities for prosecution. In connection with authorized law enforcement investigations and pursuant to required legal process, navigational information may be used to assist in obtaining personally identifiable information.
For site security purposes, Smart Brand Marketing reserves the right to monitor any content that you provide, but shall not be obligated to do so. Although Smart Brand Marketing cannot monitor all postings on the websites, we reserve the right to delete, move, or edit any postings that violate these Terms and Conditions of Use.
TERMINATION OF USE
Smart Brand Marketing may, in its sole discretion, terminate or suspend your access to and use of this websites without notice and for any reason, including for violation of these Terms and Conditions of Use or for other conduct which Smart Brand Marketing believes is unlawful or harmful to others. In the event of termination, you will no longer be authorized to access the websites, and Smart Brand Marketing will use any means possible to enforce this termination. Smart Brand Marketing may also suspend your use of the websites or deactivate a user log in and direct you to cease using the websites with or without notice to you and with or without cause. Upon any termination of this agreement, all rights granted to you under this agreement will cease and you must promptly discontinue all access to any part of the websites and the use of any content downloaded or otherwise obtained from the websites.
You agree to defend, indemnify, and hold harmless Smart Brand Marketing and all of its employees, directors, officers, and agents from any and all liabilities incurred in connection with any claim arising from any breach by you of these Terms and Conditions of Use, your use of the materials and information contained herein, or your inappropriate or unlawful use of the websites. These include attorney fees, costs, damages, losses, and expenses. You agree to cooperate fully in the defense of any such claim. Smart Brand Marketing reserves the right to assume, at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree not to settle any matter without the written consent of Smart Brand Marketing.
LIMITATION OF LIABILITY
Smart Brand Marketing strives to maintain the highest accuracy of content on its websites. Any errors or omissions should be reported for investigation to: Support@smartbrandmarketing.com.
This site is provided by Smart Brand Marketing “as is” and “as available” with no warranties whatsoever. Smart Brand Marketing makes no claims, promises, or guarantees about the absolute accuracy, completeness, or adequacy of the contents of this websites and expressly disclaims liability for errors and omissions in the contents of this websites. We do not warrant that access to these websites or any of its content will be uninterrupted or error free, that defects will be corrected, or that this websites will be free of viruses or other harmful components. Smart Brand Marketing disclaims all warranties and conditions of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.
In no event will Smart Brand Marketing or its employees be liable for any incidental, indirect, special, punitive, exemplary, or consequential damages, whether in contract, tort, or any other legal theory, arising out of your use of or inability to use the websites or any other matter relating to your interaction with the websites, including without limitation, loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction, or any other damages.
JURISDICTION AND VENUE
These Terms and Conditions of Use will be governed by the laws of the State of Delaware, without giving effect to any conflict of laws principles. The parties specifically exclude from application to the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. You hereby irrevocably and unconditionally consent to the jurisdiction and venue in the state and federal courts sitting in Kent County, Delaware.
The websites is to be deemed a passive websites that does not seek to purposefully avail itself of the benefits and privileges of doing business in any state other than the State of Delaware and thus does not give rise to personal jurisdiction over Smart Brand Marketing, either specific or general, in jurisdictions other than the State of Delaware.
You hereby represent, warrant, and covenant for the benefit of Smart Brand Marketing and its affiliates that: (1) You have the legal right and authority to enter into this agreement, and, if you are accepting this agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this agreement; (2) you have the legal right and authority to perform your obligations under this agreement and to grant the rights and licenses described in this agreement and in any applicable additional agreement you enter into in connection with any of the services; (3) all information you provide to Smart Brand Marketing in connection with this agreement and your access to the websites and use of the services is correct and current.
INTEGRATION AND SEVERABILITY
These Terms and Conditions of Use set forth the entire understanding of the parties with regard to use of this websites and supersedes any and all prior oral and written agreements or understandings between the parties regarding the subject matter of this agreement. Failure to comply with the foregoing shall constitute a breach of this agreement, which may result in immediate termination of your account. The waiver by Smart Brand Marketing of a breach of any provision of these Terms and Conditions of Use will not operate or be interpreted as a waiver of any other or subsequent breach.
Should any provision of these Terms and Conditions of Use be held invalid, unlawful, or for any reason unenforceable, then the invalid, unlawful, or unenforceable provision shall be severable from the remaining provisions. Such invalid, unlawful or unenforceable provision shall not affect the validity or enforceability of the remaining provisions.
If you have any questions about these Terms and Conditions of Use, contact us at: