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Rules, Regulations and Disclaimers
For SMS Solutions, INC World Wide Web Sites
SMS Solutions, INC, its subsidiaries and affiliates (SMS Solutions, INC) requires
that all the visitors to our site(s) on the World Wide Web (the "Site") adhere to
the following rules and regulations. By accessing the Site you indicate your acknowledgment
and acceptance of these terms and conditions.
- LAWS AND REGULATIONS
User access to and use of the Site is subject to all applicable international, federal,
state and local laws and regulations.
- COPYRIGHT/TRADEMARKS
The trademarks, logos and service marks ("Marks") displayed on the Site are the
property of SMS Solutions, INC and other parties. Users are prohibited from using
any Marks for any purpose including, but not limited to use as metatags on other
pages or sites on the World Wide Web without the written permission of American
Express or such third party which may own the Marks. All information and content
including any software programs available on or through the Site ("Content") is
protected by copyright. Users are prohibited from modifying, copying, distributing,
transmitting, displaying, publishing, selling, licensing, creating derivative works
or using any Content available on or through the Site for commercial or public purposes.
- HYPERLINKING
THIS SITE MAY PROVIDE A LINK TO OTHER SITES BY ALLOWING THE USER TO LEAVE THIS SITE
TO ACCESS THIRD-PARTY MATERIAL OR BY BRINGING THE THIRD-PARTY MATERIAL INTO THIS
SITE VIA "INVERSE" HYPERLINKS AND FRAMING TECHNOLOGY (A "LINKED SITE"). SMS Solutions, INC,
inc. HAS NO DISCRETION TO ALTER, UPDATE, OR CONTROL THE CONTENT ON A LINKED SITE.
THE FACT THAT SMS Solutions, INC HAS PROVIDED A LINK TO A SITE IS NOT AN ENDORSEMENT,
AUTHORIZATION, SPONSORSHIP, OR AFFILIATION WITH RESPECT TO SUCH SITE, ITS OWNERS,
OR ITS PROVIDERS. THERE ARE INHERENT RISKS IN RELYING UPON USING, OR RETRIEVING
ANY INFORMATION FOUND ON THE INTERNET, AND SMS Solutions, INC URGES YOU TO MAKE SURE
YOU UNDERSTAND THESE RISKS BEFORE RELYING UPON, USING, OR RETRIEVING ANY SUCH INFORMATION
ON A LINKED SITE.
- NO WARRANTIES
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH
THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY
OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT,
SECURITY OR ACCURACY.
SMS Solutions, INC DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR
RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY
OTHER THAN SMS Solutions, INC, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE
CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE
WILL SMS Solutions, INC BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE
ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER'S RELIANCE ON
ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF
THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE
OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE
SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY
SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
- LIMITATION OF LIABILITY FOR USE OF THE SITE AND LINKED SITES
THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED ON THE
SITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND SMS
Solutions, INC SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. SMS Solutions, INC DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE SITE IS COMPLETE OR
UP-TO-DATE. SMS Solutions, INC IS UNDER NO OBLIGATION TO UPDATE ANY CONTENT ON THE
SITE. SMS Solutions, INC MAY CHANGE THE CONTENT ON THE SITE AT ANY TIME WITHOUT NOTICE.
SMS Solutions, INC MAY MAKE IMPROVEMENTS OR CHANGES TO THE SITE AT ANY TIME.
YOU AGREE THAT SMS Solutions, INC, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL
OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING
SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE
USE OF THE SITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE
OR A LINKED SITE, EVEN IF SMS Solutions, INC IS MADE AWARE OF THE POSSIBILITY OF SUCH
DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION
OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC
EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g.,
YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR
ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SMS Solutions, INC CANNOT
AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEB SITE.
- LIMITATION OF LIABILITY FOR SERVICES ARRANGED THROUGH THE SITE
YOU AGREE THAT SMS Solutions, INC IS A MERE AGENT FOR THE PROVIDERS OF SERVICES AVAILABLE
THROUGH THE SITE. ANY AND ALL CLAIMS
REGARDING ANY FAILURE OR BREACH WITH RESPECT TO THE SERVICES OFFERED THROUGH THE
SITE ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SERVICE PROVIDERS. SMS Solutions, INC
HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY
OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL,
CONSEQUENTIAL, INCIDENTAL OUR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR
SERVICES PROVIDED BY ANY CARRIER OR OTHER SUPPLIER THROUGH THE SITE, INCLUDING WITHOUT
LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY
OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE,
OF SUCH CARRIER OR SUPPLIER AND YOU HEREBY EXONERATE SMS Solutions, INC FROM ANY LIABILITY
WITH RESPECT TO THE SAME.
- CONFIDENTIALITY OF USER COMMUNICATIONS
Except as required by law and in accordance with the SMS Solutions, INC Internet Privacy
Statement, [view SMS Solutions, INC
Internet Privacy Statement ]. SMS Solutions, INC will maintain the confidentiality
of all user communications which contain personal user information and which are
transmitted directly to SMS Solutions, INC. Postings by a user on any message board
or in any chat room will not be protected as confidential and SMS Solutions, INC may
use and provide information contained in any such postings (including any ideas,
concepts, know-how or other intellectual property) to any of its parent company,
subsidiaries and affiliates for any purpose whatsoever and as deemed appropriate
by SMS Solutions, INC
User should be aware that Linked Sites may contain confidentiality provisions that
differ from the provisions provided herein. SMS Solutions, INC is not responsible
for such provisions, and expressly disclaims any and all liability related to such
provisions.
- YOUR CONTACT WITH ADVERTISERS
Your dealings or correspondence with, or participation in promotions of, advertisers
found on or through the Site (including, without limitation, payment and delivery
of related products or services, and any other terms, conditions, representations
or warranties associated with such dealings or correspondence) are solely between
you and such advertisers. SMS Solutions, INC makes no representations or warranties
with respect to any advertising content of, or any products or services that may
be obtained from, such advertisers. You agree that SMS Solutions, INC will not be
responsible or liable with respect to any loss or damage of any kind incurred as
a result of: (a) any such dealings or correspondence between you and such advertisers,
(b) content, products or services of such advertisers, or (c) the presence of such
advertisers on the Site.
- LINKED INTERNET SITES
SMS Solutions, INC prohibits caching, unauthorized hypertext links to the Site and
the framing of any Content available through the Site. SMS Solutions, INC reserves
the right to disable any unauthorized links or frames and specifically disclaims
any responsibility for the Content available on any other Internet sites linked
to the Site. Access to any other Internet sites linked to the Site is at the user's
own risk.
User should be aware that Linked Sites may contain rules and regulations, privacy
provisions, confidentiality provisions, transmission of personal data provisions,
and other provisions that differ from the provisions provided on the Site. SMS Solutions, INC
is not responsible for such provisions, and expressly disclaims any and
all liability related to such provisions.
- FORWARD LOOKING INFORMATION
Certain information on this Site contains certain forward-looking statements, which
are subject to risks and uncertainties and speak only as of the date on which they
are made. The words "believe", "expect", "anticipate", "optimistic", "intend", "aim",
"will" or similar expressions are intended to identify forward-looking statements.
Readers are cautioned not to place undue reliance on these forward-looking statements,
which speak only as of the date on which they are made. SMS Solutions, INC undertakes
no obligation to update publicly or revise any forward-looking statements.
- PRESS RELEASES
All press releases and other materials presented or released to the financial community
that are contained on the Site were, to the best of SMS Solutions, INC' knowledge,
timely and accurate when issued. However, the passage of time can render information
stale, and you should not rely on the continued accuracy of any such material beyond
the date of issuance. SMS Solutions, INC has no responsibility to update any information
contained in any such material. All viewers should carefully check the dates of
issuance of the material contained in the Site.
- POSTINGS
[For use in connection with message boards or chat rooms on the Site.] SMS Solutions, INC
SMS Solutions, INC is under no obligation to review any messages, information or content ("Postings")
posted on the Site by users and assumes no responsibility or liability relating
to any such Postings. Notwithstanding the above, SMS Solutions, INC may from time
to time monitor the Postings on the Site and may decline to accept and/or remove
any Postings that contain:
- Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene,
profane, hateful, racially, ethnically or otherwise objectionable material of any
kind, including, but not limited to, any material which encourages conduct that
would constitute a criminal offense, give rise to civil liability or otherwise violate
any applicable local, state, national or international law.
- Advertisements or solicitations of any kind. [Note - This is not applicable for
those Sites with message boards containing classified advertisements.]
- Messages posted by users impersonating others.
- Personal information such as messages which state phone numbers, social security
numbers, account numbers, addresses, or employer references.
- Messages by non-spokesperson employees of SMS Solutions, INC purporting to speak on
behalf of SMS Solutions, INC or containing confidential information or expressing
opinions concerning SMS Solutions, INC.
- Messages that offer unauthorized downloads of any copyrighted or private information.
- Multiple messages placed within individual folders by the same user restating the
same point.
- Chain letters of any kind.
- TRANSMISSION OF PERSONAL DATA
[For use in connection with Sites through which proprietary Customer
account data may be transmitted.] User acknowledges and agrees that by providing
SMS Solutions, INC with any personal or proprietary user information through the Site,
user consents to the transmission of such personal or proprietary user information
over international borders as necessary for processing in accordance with SMS Solutions, INC,
inc.' standard business practices.
User should be aware that Linked Sites may contain transmission of personal data
provisions that differ from the provisions provided herein. SMS Solutions, INC is
not responsible for such provisions, and expressly disclaims any and all liability
related to such provisions.
View SMS Solutions, INC Internet
Privacy Statement.
- CHANGES TO RULES AND REGULATIONS
SMS Solutions, INC reserves the right to revise these Rules and Regulations at any
time and users are deemed to be apprised of and bound by any changes to these Rules
and Regulations.
SMS Solutions, INC will indicate that changes to these Rules and Regulations have
been made by updating the date indicated after "Last Modified" at the end of these
Rules and Regulations.
- VIOLATIONS OF RULES AND REGULATIONS
SMS Solutions, INC reserves the right to seek all remedies available at law and in
equity for violations of these Rules and Regulations, including the right to block
access from a particular Internet address to the Site.
- ACCESS TO PASSWORD PROTECTED/SECURE AREAS
Access to and use of password protected and/or secure areas of the Site is restricted
to authorized users only. Unauthorized individuals attempting to access these areas
of the Site may be subject to prosecution.
- USE OF "COOKIE" FILE FEATURES
SMS Solutions, INC reserves the right to store information on a user's computer in
the form of a "cookie" or similar file for purposes of modifying the Site to reflect
users' preferences. The SMS Solutions, INC Internet Privacy Statement provides additional
information regarding SMS Solutions, INC' use of cookies as well as procedures for
disabling cookies.
View SMS Solutions, INC Internet
Privacy Statement, "about Cookies".
- DIGITAL MILLENNIUM COPYRIGHT ACT - NOTIFICATION TO SMS Solutions, INC REGARDING
ALLEGED COPYRIGHT INFRINGEMENT
SMS Solutions, INC has registered an agent with the United States Copyright Office
in accordance with the terms of the Digital Millennium Copyright Act (the "Act")
and avails itself of the protections under the Act. SMS Solutions, INC reserves the
right to remove any Content on the Site which allegedly infringes another person's
copyright. Notices to SMS Solutions, INC regarding any alleged copyright infringement
on the Site should be directed to SMS Solutions, INC' General Counsel's Office Attn.:
Technology Counsel at
Technologycounsel@Amitechnologies-inc.com.
- JURISDICTION/GOVERNING LAW
[For United States based sites only]
Users of this Site agree to submit to the laws of the State of Nevada, USA and
applicable federal law without regard to conflicts of laws principles.
Last Modified: March 1, 2008
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