TERMS OF USE

Website Terms of Use

1. Agreement

These Terms of Use (the "Agreement") constitute a legally binding agreement by and between SMARTOMNI Products, Inc. and you or your company (in either case, "You" or "Your") concerning Your use of the http://www.smartomni.com/ website (the "Website") and the services available through the Website (the "Services"). By using the Website, You represent and warrant that You have read and understood, and agree to be bound by, the Agreement and SMARTOMNI Products’ Privacy Policy (the "Privacy Policy"). If you do not understand this agreement, or do not agree to be bound by it or the privacy policy, you must immediately leave the website and cease using the services.

2. Privacy Policy

By using the Website, You consent to the collection and use of certain information about You, as specified in the Privacy Policy. SMARTOMNI encourages users of the Website to frequently check SMARTOMNI Products' Privacy Policy for changes. 

3. Changes To Agreement And Privacy Policy

SMARTOMNI reserves the right to change this agreement and its privacy policy at any time upon notice to you, to be given by the posting of a new version or a change notice on the website. it is your responsibility to review this agreement and the privacy policy periodically. If at any time you find either unacceptable, you must immediately leave the website and cease using the services. Unless SMARTOMNI obtains Your express consent, any revised Privacy Policy will apply only to information collected by SMARTOMNI after such time as the revised Privacy Policy takes effect, and not to information collected under any earlier Privacy Policies.

4. Eligibility

Any individual using the Website or Services on behalf of a company further represents and warrants that they are authorized to act and enter into contracts on behalf of that company. This Agreement is void where prohibited. 

5. License

Subject to Your compliance with the terms and conditions of this Agreement, SMARTOMNI grants You a non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Website and Services. The website and services are for your personal and non-commercial use. The Website, or any portion of the Website, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of SMARTOMNI. All rights not expressly granted hereunder are reserved by SMARTOMNI. This Agreement grants You no rights in or to the intellectual property of SMARTOMNI or any other party. SMARTOMNI retains ownership of the Website and Services and all right, title, and interest therein, including without limitation all intellectual property rights therein, and You acknowledge and agree that Your are acquiring only a limited right to use the Website and Services as licensed hereunder. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement. In the event that You breach any provision of this Agreement, Your rights under this section will immediately terminate.

6. User Information/Password Protection

In connection with Your use of the Services, You may be required to complete a registration form. You represent and warrant that all information You provide on any registration form or otherwise in connection with Your use of the Website and Services will be complete and accurate, and that You will update that information as necessary to maintain its completeness and accuracy by visiting Your account.

You may also be asked to provide, or may be given, a user name and password in connection with certain of the Services. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, user name, or password of someone else at any time. You agree to notify SMARTOMNI immediately of any unauthorized use of Your account, user name, or password. SMARTOMNI shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by SMARTOMNI, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of Your account or password. You must also promptly notify SMARTOMNI if any credit card that You have provide to us is lost, stolen, or used without permission.

7. Third-party Websites

The Website is linked with the websites of a number of third parties("Third-Party Websites"), some of whom have established relationships with SMARTOMNI and some of whom do not. SMARTOMNI does not have control over the content and performance of Third-Party Websites. SMARTOMNI has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on or through third-party websites. Accordingly, SMARTOMNI does not represent, warrant or endorse any third-party website, or the accuracy, currency, content, fitness, lawfulness or quality of the information, material, goods or services available through third-party websites. SMARTOMNI disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of third-party websites.

8. Product Descriptions

SMARTOMNI attempts to be as accurate as possible in its product, pricing, and rebate information; however, SMARTOMNI cannot guarantee that product descriptions and/or specifications, pricing or any other content on the Website are accurate, complete, reliable, current or error-free. In the event that information is incorrect due to typographical, informational, technical or other errors, SMARTOMNI will not be liable for any loss or discrepancy with accurate data. If a product offered on the Website is not as described, or does not meet your expectations, Your sole remedy is to return the product in accordance with SMARTOMNI Products' Return Policy.

9. Return Policy

All sales made through the Website are subject to SMARTOMNI Products’ return policies. For a complete explanation of the return policies; please review the Return Policy page on the Website.

10. Consent To Receive Email

By establishing an account with SMARTOMNI, You consent to receive periodic email communications from SMARTOMNI concerning SMARTOMNI Products’ products and services, including without limitation, order confirmations, updated product information, special deals, and inquiries regarding the quality of our service.  

11. Prohibited Uses

SMARTOMNI imposes certain restrictions on Your use of the Website and the Services. You represent and warrant that You will not, without limitation: (a) violate or attempt to violate any security features of the Website or Services; (b) copy or otherwise duplicate, directly or indirectly, any portion of the Website, including without limitation, all product listings, prices or descriptions, designs, information, photographs, images, drawings, videos, music, text, typefaces, graphics, code, and other files, and the selection, arrangement and organization thereof (collectively, “SMARTOMNI Content”); (c) use any software that enables copying or duplication of the SMARTOMNI Content for later off-line viewing;(d) distribute, display, modify, transmit, resell, reuse, or repost the SMARTOMNI in any electronic form, including any online service, the Internet or any other telecommunications medium which now exists or shall exist in the future, for any purpose, without the prior written permission of SMARTOMNI; (e) provide false, misleading or inaccurate information to SMARTOMNI; (f) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity;(g) harvest or otherwise collect information about SMARTOMNI users, including email addresses and phone numbers; (h) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites; (i) access content or data not intended for You, or log onto a server or account that You are not authorized to access;(j) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization; (k) interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing"; (l) use the Website or Services to send unsolicited e-mail, including without limitation, email promotions or advertisements for products or services; (m) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or (n) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used in providing the Website or Services. Any violation of this section may subject You to civil and/or criminal liability.

12. Intellectual Property

(a)Trademarks. SMARTOMNI PRODUCTS and the “SMARTOMNI logo” (the "SMARTOMNI Products Marks") are trademarks or registered trademarks of SMARTOMNI Products, Inc. Other trademarks, service marks, graphics, logos and domain names appearing on the Website may be the trademarks of third parties. Neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to, or any license to reproduce or otherwise use, the SMARTOMNI Products Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the SMARTOMNI Products Marks generated as a result of Your use of the Website and Services will inure to the benefit of Pet Goods Inc., and You agree to assign, and hereby do assign, all such good will to SMARTOMNI Products, Inc.. You shall not at any time, nor shall You assist others to, challenge SMARTOMNI Products Inc.'s right, title, or interest in or to, or the validity of, the SMARTOMNI Products Marks.

(b)Copyrighted Materials; Copyright Notice. The SMARTOMNI Products Content and other materials available through the Website and Services are either owned by SMARTOMNI Products, Inc. or are the property SMARTOMNI Products Inc.'s licensors and suppliers. Except as explicitly provided, neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to any such materials. Copyright © 2013 to the present, SMARTOMNI Products, Inc. All Rights Reserved.

13. Disclaimers; Limitation Of Liability

(a) NO WARRANTIES. SMARTOMNI, on behalf of itself and its licencors and suppliers, hereby disclaims all warranties. The website and services are provided "as is" and "as available." To the maximum extent permitted by law, SMARTOMNI, on behalf of itself and licencors and suppliers, expressly disclaims any and all warranties, express or implied, regarding the website, including, but not limited to, any implied warranties of merchant ability, fitness for a particular purpose, or non-infringement. Neither SMARTOMNI nor licencors or suppliers warrants that the website or the services will meet your requirements or that the operation of the website or the services will be uninterrupted or error-free. Neither SMARTOMNI nor its licencors or suppliers has any liability whatsoever for your use of the website or services.

 

(b) YOUR RESPONSIBILITY FOR DAMAGE. You agree that your use of the website and services is at your sole risk. You will not hold SMARTOMNI or its licencors and suppliers, as applicable, responsible for any damage that results from your access to or use of the website, including without limitation any damage to any of your computers or data. The information and services may contain bugs, errors, problems or other limitations.

 

(c) LIMITATION OF LIABILITY. The liability of SMARTOMNI and its licencors and suppliers is limited. To the maximum extent permitted by law. In no event shall SMARTOMNI or its licencors or suppliers be liable for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to SMARTOMNI or its licencors and suppliers arising out of or in connection with your use of the website or services. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. Additionally, the maximum liability of SMARTOMNI and licencors and suppliers to you under all circumstances will be equal to the aggregate price you paid to SMARTOMNI during the year preceding the incident or incidents giving rise to such liability. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between SMARTOMNI and you. The website and services of SMARTOMNI not be provided without such limitations.

 

(d) APPLICATION. The above disclaimers, waivers and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and SMARTOMNI or between you and any of SMARTOMNI products' licencors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers and limitations of liability may not apply to you. Unless limited or modified by applicable law, the foregoing disclaimers, waivers and limitations shall apply to the maximum extent permitted, even if any remedy fails its essential purpose. SMARTOMNI products’ licencors and suppliers are intended third-party beneficiaries of these disclaimers, waivers and limitations. No advice or information, whether oral or written, obtained by you through the website or otherwise shall alter any of the disclaimers or limitations stated in this section.

14. General Representation And Warranty

You represent and warrant that Your use of the Website and Services will be in accordance with this Agreement and any other SMARTOMNI policies, and with any applicable laws or regulations.  

15. Notices

All notices required or permitted to be given under this Agreement must be in writing. SMARTOMNI shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to SMARTOMNI. You agree that any notice received from SMARTOMNI electronically satisfies any legal requirement that such notice be in writing. You bear the sole responsibility of ensuring that your email address on file with SMARTOMNI is accurate and current, and notice to you shall be deemed effective upon the sending by SMARTOMNI of an email to that address. You shall give any notice to SMARTOMNI by means of: amzsmartomni@gmail.com.

 

* Information on this page is periodically updated and subject to change.