1. Acceptance of our Terms.
By visiting the website www.smarthalter.com, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to www.smarthalter.com, you acknowledge you have read and agree to be bound by the following Terms and Conditions of Service (“Terms and Conditions”) to the exclusion of all other terms. If you do not want to be unconditionally bound by and be a party to our Terms and Conditions your only option is not to visit, view, or otherwise use the services of www.smarthalter.com. You understand, agree and acknowledge that these Terms and Conditions constitute a legally binding agreement between you and Protequus LLC (“Protequus”), owner and operator of www.smarthalter.com, and that your use of www.smarthalter.com shall indicate your conclusive acceptance of this Agreement.
2. Provision of Services.
You agree and acknowledge that www.smarthalter.com is entitled to modify, improve or discontinue any of its services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it by posting a notice on its website. Furthermore, you agree and acknowledge that Protequus is entitled to provide services to you through third party service providers, subsidiaries or affiliated entities.
3. Proprietary Rights.
You acknowledge and agree that wwww.smarthalter.com may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. Protequus authorizes you to view and make a single copy of portions of www.smarthalter.com content for offline, personal, non-commercial use. Our content may not be sold, reproduced, assigned, transferred or otherwise distributed without Protequus’ prior written consent, which consent may be delayed or denied in its sole discretion. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are fully reserved.
4. Submitted Content.
When you submit content to www.smarthalter.com, you simultaneously grant Protequus an irrevocable, worldwide, royalty free license to publish, display, modify, distribute and syndicate your content worldwide. You expressly confirm and warrant that you have the required authority to grant the above license to Protequus.
a. What personally identifiable information is collected from you through the website, how it is used, and with whom it may be shared.
b. What choices are available to you regarding the use of your data.
c. The security procedures in place to protect the misuse of your information.
d. How you can correct any inaccuracies in the information.
6. Information Collection, Use, and Sharing.
7. Your Access to and Control over Information.
You may opt out of any future contacts from Protequus at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
See what data we have about you, if any.
Change/correct any data we have about you.
Have us delete any data we have about you.
Express any concern you have about our use of your data.
Protequus takes precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (e.g., credit card data, etc.), that information is encrypted and transmitted to Protequus in a secure way. You can verify this by looking for a closed lock icon at the bottom of your webpage. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees or authorized agents of Protequus who have a need to know the information to perform a specific job (e.g., billing, customer service, etc.) are granted access to personally identifiable information. The computers and servers in which we store personally identifiable information are kept in a secure environment. However, you are responsible for safeguarding your username and password that you are using to access your account with Protequus and you should not disclose that information to any third party. You assume full responsibility for all actions taken under your account by you or any third party. You agree to notify Protequus immediately of any unauthorized use of your account.
In order to use this website, a user must first complete the registration form. During registration, a user is required to give certain information (e.g., name and email address, etc.). This information is used to contact you about the products and services on our website in which you have expressed interest. At your option, you may also provide demographic information (e.g., gender, age, etc.) about yourself, but it is not required.
We request information from you on our order form. To purchase from us, you must provide contact information (i.e., name and shipping address) and financial information (e.g., credit card number, expiration date, etc.). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.
We share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person. In addition, we use an outside shipping company to ship orders, and a credit card processing company to bill users for the products. These companies do not retain, share, store or use personally identifiable information for any secondary purposes beyond filling your order.
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
15. Surveys and Contacts.
From time to time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (e.g., name and shipping address, etc.), and demographic information (e.g., zip code, age level, etc.). Contact information will be used to send unsolicited product updates and promotions related to NIGHTWATCH® and other product/service offerings of Protequus.
16. Termination of Terms and Conditions.
These Terms and Conditions will continue to apply in perpetuity until revised or terminated by Protequus in its sole discretion.
17. Disclaimer of Warranties.
You understand and agree that your use of www.smarthalter.com is entirely at your own risk and that our services are provided "As Is" and "As Available." PROTEQUUS DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, ENDORSEMENTS OR REPRESENTATIONS WHATSOEVER AS TO THE OPERATION OF THE www.smarthalter.com WEBSITE, INFORMATION, CONTENT, MATERIALS OR PRODUCTS. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
18. Limitation of Liability.
YOU UNDERSTAND AND AGREE THAT PROTEQUUS, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AUTHORIZED REPRESENTATIVES AND ANY OF ITS SUBSIDIARIES OR AFFILIATES SHALL IN NO EVENT BE LIABILE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, BUSINESS REPUTATION OR GOODWILL, LOSS OF PROGRAMS OR INFORMATION OR OTHER INTANGIBLE LOSS ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SERVICE, OR INFORMATION, OR ANY PERMANENT OR TEMPORARY CESSATION OF SUCH SERVICE OR ACCESS TO INFORMATION, OR THE DELETION OR CORRUPTION OF ANY CONTENT OR INFORMATION, OR THE FAILURE TO STORE ANY CONTENT OR INFORMATION. THE ABOVE LIMITATION SHALL APPLY WHETHER OR NOT PROTEQUUS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBLITY OF SUCH DAMAGES. IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED, THE LIABILITY OF PROTEQUUS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
19. External Content.
Our site, wwww.smarthalter.com, may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that www.smarthalter.com is not responsible for and does not endorse any advertising, products or resources available from such resources or websites.
You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of Austin, Travis County, Texas, regardless of any conflicts of law issues, to resolve any legal matter arising from these Terms and Conditions or related to your use of www.smarthalter.com. If the court of law having jurisdiction rules that any provision of these Terms and Conditions is invalid, then that provision will be removed from these Terms and Conditions and the remaining Terms and Conditions will continue to be valid. These Terms and Conditions and performance hereunder shall be governed by and construed in accordance with the substantive laws of Delaware.
21. Entire Agreement.
You understand and agree that these Terms and Conditions constitute the entire general Agreement between you and Protequus regarding the use of www.smarthalter.com, the subject matter of these Terms and Conditions. You may be subject to additional terms and conditions when you use, purchase or access our products, other services, affiliate services or third-party content or material.
22. Changes to the Terms.
Protequus reserves the right to modify these Terms and Conditions from time to time at our sole discretion and without any notice. Changes to our Terms and Conditions become effective on the date they are posted and your continued use of www.smarthalter.com after any changes to these Terms and Conditions will signify your agreement to be bound by them.