Website Terms Of Use

BY ACCESSING OR OTHERWISE USING THE SMACKDOCS WEBSITE, YOU AGREE TO ACCEPT THESE TERMS OF USE DESCRIBED IN THIS DOCUMENT AND ANY TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SMACKDOCS WEBSITE.

These Terms of Use outlined herein apply solely to the accessing and usage of the SmackDocs website (www.smackdocs.com), and any other website(s) operated by SmackDocs or BanffValley, L.L.C. (collectively, “SmackDocs”) that may link to these Terms of Use. These Terms of Use displayed here do not change or supersede the terms or conditions of other agreements you may have with any affiliates of SmackDocs for services, products, etc. If you will be utilizing the SmackDocs website in representation of an entity, you represent, warrant and agree that you are duly authorized to accept these Terms of Use on said entity’s behalf, and that the entity in question, by extension, has agreed to indemnify you and SmackDocs for any violations of the terms outlined in this document.

SmackDocs reserves the right to update or change these Terms of Use for any reason and at any time. Any such changes or alterations will be posted here and should be considered effective immediately. You waive any and all perceived rights to receive individual or special notice of said changes, and your use of the SmackDocs website after changes or updates have been posted will be viewed as confirmation that these have been duly accepted by you. These Terms of Use should therefore be revisited and any updates or changes noted so that you are able to make an informed decision regarding your continued use of the website. If you do not accept or agree to updates or changes to these Terms of Use, you should cease your use of the SmackDocs website at once.

A) Privacy Policy – for information regarding the collection, usage, and disclosure of “personal information” obtained from users of the SmackDocs website, refer to the SmackDocs Privacy Policy.

B) Copyright – unless otherwise indicated, all content found on the SmackDocs website including the SmackDocs logo, designs and/or graphics, text and other information, pictures, sound and/or video files, and any additional files and/or data as well as the arrangement thereof is to be considered proprietary property of SmackDocs, its licensors and/or users, and is protected as such by all U.S. and international copyright laws.

C) Limited License – use of the SmackDocs website confers upon you a limited license (which may not be sublicensed) to access, copy and/or download, and print parts of the content contained herein for personal and non-commercial use, not including:

(1) the resale of any content contained herein;

(2) the public display or distribution of said content or other materials without the express written consent of SmackDocs;

(3) the alteration or modification of said content or other materials for ancillary and/or collateral purposes;

(4) the usage of robots and/or other tools designed to extract or compile data;

(5) the downloading of parts of the SmackDocs website and/or any content or other materials contained herein other than as expressly allowed by the website; and

(6) the use of the SmackDocs website content in manners and/or for purposes not specifically authorized herein except by the express written consent of SmackDocs. Nothing in these Terms of Use may be seen as conferring license to intellectual property rights by estoppel, implication, or otherwise. Be advised that your limited license to use the SmackDocs website may be revoked at any time without advance notice.

D) Policy Toward Repeat Infringers – in order to comply with the DMCA (Digital Millennium Copyright Act), SmackDocs reserves the right to discontinue, without notice and by its sole discretion, accounts of users who may be considered repeat copyright and/or intellectual property right infringers. SmackDocs reserves the right to cancel any user’s account as it sees fit.

E) Complaints Regarding Copyright Infringement – if you feel that something relative to the SmackDocs website infringes upon a copyright owned or controlled by you, file a notification of such infringement with SmackDocs’ Designated Agent as set forth below:

Name of Agent Designated to Receive Notification of Claimed Infringement: Matthew Jensen
Full Address of Designated Agent to Which Notification Should be Sent:

PO Box 6432
North Logan, UT 84341-6432

Telephone Number of Designated Agent: (888) 416-6024

E-Mail Address of Designated Agent: mattjensen@banffvalley.com

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by SmackDocs or the alleged infringer as the result of SmackDocs’ relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

F) Treatment of Trademarks – the SmackDocs logo and names of all other products and/or services that appear on the SmackDocs website are trademarks of SmackDocs and its related vendors and/or licensors, and may not be copied or used, in whole or in part, without the express written consent of SmackDocs or the relevant trademark holder. In addition, meta tags and other forms of invisible text that make use of the SmackDocs name or any trademark-protected product or service found on the SmackDocs website may not be used without SmackDocs’ express written consent or the express written consent of the relevant trademark holder. The appearance and user experience of the SmackDocs website in terms of its page headings, graphics, button images, text and/or scripts is the property of SmackDocs and cannot be reproduced or otherwise utilized, in whole or in part, without the express written consent of SmackDocs. Unowned trademarks, product names, company names and/or respective company logos that may appear on the SmackDocs website are the property of said owners and cannot be used or reproduced without their permission. The appearance of product or service names, trademarks, or similar identifying characteristics that appear on the SmackDocs website do not signify a direct or tacit endorsement of same or any sort of testimonial thereof.

G) Implementation of Hyperlinks – SmackDocs allows you to place a text link to its website from your own website. However this right may be revoked should the text that you use in the link represent SmackDocs, its products and services, or any of its content in a derogatory or misleading manner. Likewise, the website from which you are linking must not contain offensive, objectionable, bullying, or pornographic and/or similar adult content. SmackDocs reserves the right to judge the suitability of a given site, and to revoke the limited right of any website to display a text link to either the SmackDocs website or one of its pages. When linking to the SmackDocs website, do not use the SmackDocs logo or any additional SmackDocs trademark. You may not frame or otherwise alter the SmackDocs trademark, logo, or other images and/or textual content found on the SmackDocs website without the express written consent of SmackDocs.
In addition, SmackDocs is not responsible for any claim made or product offered by any outside website which may feature a link to the SmackDocs website. SmackDocs bears no responsibility for any content displayed on or information disseminated by (or for the accuracy thereof) any outside website which may feature a link to the SmackDocs website. Likewise, SmackDocs is in no way responsible for the content of any third-party website that may be linked to by SmackDocs, up to and including any changes, alterations, or prospective updates to these sites. SmackDocs does not endorse any claims made by or vouch for the accuracy of any content found on such third-party websites, nor do any policies or provisions adopted by SmackDocs herein (or elsewhere on this website) apply to the terms of use and/or policies of said third-party sites.

H) Content from Third Parties – occasionally third-party content may appear on the SmackDocs website as a convenience to users and for informational purposes. SmackDocs does not endorse any claims made by said third-party websites, nor is it responsible for verifying either the completeness or the accuracy of any content contained and/or information disseminated therein.

I) Products and/or Services of Third Parties – third-party websites that link to the SmackDocs website or are being linked to by the SmackDocs website may occasionally offer their own products and/or services. Your consumption of said products and/or services is between you and the third-party website in question. SmackDocs is in no way responsible for any policies or conditions, guarantees or promises of said third-party website with respect to its products, services, sales, promotions, or any other offers, nor is SmackDocs liable for any incurred losses, financial or otherwise, or damages, monetary or otherwise, that may arise in your dealings or arrangements with any such third-party site.

J) Submissions to SmackDocs – with respect to any comments or questions, proposals and/or suggestions, and all other information that references the SmackDocs website or its products and/or services that are received by SmackDocs in its Contact Us form, or any informational postings to the SmackDocs or one of its affiliated website(s), you accept that these are not deemed personal or confidential and therefore shall be the exclusive property of SmackDocs. By instituting said submissions, you grant SmackDocs the right to their unrestricted use and circulation for any purpose without any recognition and/or remuneration.

K) Interactive Areas – to the extent that SmackDocs or its affiliated website(s) contain interactive areas such as message boards, forums, storage mediums, or other locations that are used to manufacture, post, or store data, text, messages, information, sound, video and/or photos, graphics, code or similar applications, and/or other forms of content, you accept complete responsibility for your usage of said areas and any risk that may so accompany or derive from this usage. In addition, you agree not to create or distribute, store, and/or publish through the SmackDocs website or any of its affiliated website(s) the following:

(1) content that may be unlawful, defamatory, obscene and/or pornographic, indecent or suggestive, libelous, bullying or abusive, in violation of any individual’s right to privacy, false or fraudulent, or in any other manner objectionable;

(2) content that would encourage or support criminal behavior, publish any information that may procreate criminal conduct, violate the rights of any party, or that would otherwise break any local, state, national, or international law;

(3) content that may infringe upon the trademark, patent, copyright, and/or any other intellectual or property right conferred upon or belonging to any party. By utilizing the SmackDocs website or one of its affiliated website(s) to post content, you agree that this content is wholly owned by you, or that you have the legal authority to disseminate or reproduce said content;

(4) content that misrepresents your identity or your affiliation with any individual or entity;

(5) political advertising, fundraising, and/or campaigning, or the sale, advertising, or otherwise promoting of any product and/or service without the express written consent of SmackDocs;

(6) the personal information of any individuals, including, but not limited to, names, Social Security numbers, credit or debit card numbers, cellphone and/or other telephone numbers, mailing or physical addresses, and email addresses;

(7) content containing viruses or any other file types that are known or otherwise designed to be harmful and destructive to users; and

(8) content that SmackDocs deems objectionable or which tends to diminish or taint the user experience of any individual or group of individuals, or which potentially exposes SmackDocs or its users to injury or legal liability.

SmackDocs is not responsible or liable for any content that may be created or posted, uploaded, or stored by any third party. Further, SmackDocs is not responsible for the destruction and/or other damage that may be suffered by content that is placed on the SmackDocs website by a third party. SmackDocs is not responsible nor liable for exaggerations or prevarications, mistakes, slanderous statements, libelous statements, or verbal and/or graphic obscenities that may be placed on the SmackDocs website or affiliated websites without its knowledge or are otherwise encountered in your usage of the websites mentioned herein. SmackDocs reserves the right to enforce all rules of conduct promulgated in this document. Enforcement of any and all such rules is entirely at the discretion of SmackDocs.

SmackDocs is not liable for any content created or placed by the users of the website(s) mentioned herein in any public online location, on any personal or social media page, or in any other interactive or public forum. SmackDocs is not obligated to monitor, screen, or otherwise alter content posted by third parties on its website or on affiliated website(s), however SmackDocs does retain the right, at its own complete discretion, to review, edit, and/or remove any third-party content posted or stored on its website or on affiliated website(s), for any reason that it may deem justified and without notice to the owner(s) of said content. This means that you are responsible for maintaining and preserving your own copies of any content you elect to post or store on the SmackDocs website or on affiliated website(s).

By placing content on the SmackDocs website or on any affiliated websites, you grant SmackDocs and its affiliated website(s) a nonexclusive, royalty-free, and fully sublicensable right to use, reproduce or publish, alter or otherwise translate, distribute and/or display said content in any media and in any local, national, or international arena. Included in said right is the ability to use your name, likeness, voice, or identity. You agree that SmackDocs and its affiliates and sublicensees may use whatever name you provide in the submission of said content. You further understand that this usage of your name, likeness, voice, or identity will not be taken as an endorsement of the website(s) mentioned herein or of SmackDocs itself unless so stated. With respect to posting content on the SmackDocs website and/or its affiliated website(s), you agree that:

(1) all content provided or posted is wholly owned and its rights controlled by you, or, if not, that you are authorized to disseminate said content at your discretion;

(2) all content provided or posted is neither inaccurate nor misleading;

(3) the posting of such content does not violate the terms of this document; and

(4) such content as will be provided or posted does not violate the rights of any individual or entity, nor cause injury to said parties.

L) Accuracy of Registration Information – with respect to registering on the SmackDocs website or one of its affiliated website(s), you certify that you will:

(1) provide the most accurate and up-to-date information available as prompted during the registration process;

(2) keep your password and identification secure;

(3) keep all such registration information complete and updated to ensure its accuracy; and

(4) accept all risks of unauthorized access to the registration and other information that you will provide to SmackDocs and/or its affiliated website(s).

M) Indemnification of SmackDocs – you agree to indemnify and hold harmless SmackDocs, as well as any independent contractors and consultants engaged by SmackDocs or its affiliated website(s), including all such employees, agents, and directors as may support or otherwise serve said independent contractors and consultants against any legal claims and/or damages, expenses and other costs up to and including attorneys’ fees that may emanate from content that you post or otherwise contribute to the SmackDocs website or any of its affiliated website(s). You agree that such indemnification pertains to your authoring and contribution of said user content, any potential violation by you of these Terms of Use, or any violation of the rights of a third party that may arise from content that you post on or otherwise provide to the SmackDocs website or any of its affiliated website(s).

DISCLAIMER

The SmackDocs website is not intended to provide legal or tax-related advice. By using the SmackDocs website, you agree that there is no actual or implied attorney-client relationship between you and the owner of www.smackdocs.com, BanffValley, L.L.C. Further, SmackDocs is not, and should not be viewed as such, a replacement for qualified and competent legal counsel and/or tax professionals.

EXCEPT BY EXPRESS WRITTEN CONSENT, THE SMACKDOCS WEBSITE AND ANY/ALL AFFILIATED WEBSITES (IN ADDITION TO ANY CONTENT DISPLAYED HEREIN AND THEREIN) ARE SUPPLIED WITHOUT QUALIFICATION ON AN “AS IS” BASIS. THERE ARE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SMACKDOCS RENOUNCES ANY ADDITIONAL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTY OF ANY IMPLIED MERCHANTABILITY, WARRANTY OF ANY IMPLIED RECOMMENDATION FOR ANY GENERAL OR SPECIFIC PURPOSE, AND WARRANTY OF ANY TITLE AND/OR NON-INFRINGEMENT WITH RESPECT TO THE INFORMATION, CONTENT, OR OTHER MATERIALS INCLUDED ON THE SMACKDOCS WEBSITE AND/OR ANY OF ITS AFFILIATED WEBSITES. SMACKDOCS DOES NOT WARRANT THAT THE CONTENTS OR MATERIALS ON THE SMACKDOCS WEBSITE AND/OR AFFILIATED WEBSITES ARE ACCURATE, COMPLETE AND/OR CURRENT, OR OTHERWISE FREE FROM ERRORS. SMACKDOCS DOES NOT WARRANT THAT THE SMACKDOCS WEBSITE OR ANY OF ITS AFFILIATED WEBSITES ARE FREE OF VIRUSES OR OTHER POTENTIALLY DESTRUCTIVE ELEMENTS.

SMACKDOCS IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS RELATED TO PRICING, TEXT, OR OTHER INFORMATIONAL CONTENT. SMACKDOCS DOES ITS UTMOST TO MAKE ITS WEBSITE(S) USER FRIENDLY AND THE SERVICES OF SAME SAFE, HOWEVER SMACKDOCS CAN AND DOES NOT WARRANT THAT THE SAID WEBSITES AND/OR SERVERS ARE WHOLLY FREE OF VIRUSES OR SIMILAR DESTRUCTIVE ELEMENTS AND, FURTHER, SMACKDOCS ADVISES ALL USERS OF WEBSITE(S) MENTIONED HEREIN TO EMPLOY REPUTABLE SECURITY SOFTWARE THAT CAN DETECT AND DEACTIVATE VIRUSES AND OTHER DESTRUCTIVE ELEMENTS FROM ANY DOWNLOAD(S) THAT MAY BE EXECUTED.

SmackDocs reserves the right to remove or alter any content appearing on its website or on affiliated websites. Further, SmackDocs may, at its sole discretion, temporarily or permanently discontinue the aforementioned websites and/or any services presented on or through said websites, or any elements or operations of said websites at any time, without notice, and without obligation to you. Use of trade names, trademarks, and/or other identifying characteristics does not constitute the endorsement by SmackDocs of any products or services associated therewith.

The SmackDocs online wizard and its accompanying questionnaire, as well as the agreements, consents, and other documents generated by the SmackDocs online wizard do not represent solicitation or promotion of any kind or for any purpose, nor do said agreements, consents, and/or other documents generated by the SmackDocs online wizard constitute a substitute for the legal advice of qualified counsel. You agree that your use of the SmackDocs online wizard does not constitute a request for legal advice, the procurement of legal services, or the establishment of an attorney-client relationship, whether said relationship be implied or outright, and/or any other exclusive, private, or confidential relationship or entitlement. The SmackDocs online wizard and any agreements, consents, and/or other documents generated by said online wizard are not intended and should not be viewed as a replacement or surrogate for the advice of an attorney. SmackDocs does not advise you to use its online wizard or any agreements, consents, and/or other documents generated by its online wizard for any purpose without also seeking qualified legal advice from licensed attorneys.

The content found on the SmackDocs website and/or any affiliated website(s) in no way represents solicitation or promotion of any kind or for any purpose. You agree that your perusal and/or usage of the content on the SmackDocs website and/or any affiliated website(s) does not constitute a request for legal advice, the procurement of legal services, or the establishment of an attorney-client relationship, whether said relationship be implied or outright, and/or any other exclusive, private, or confidential relationship or entitlement. Content found on the SmackDocs website and/or any affiliated website(s) is not intended to and should not be viewed as a replacement or surrogate for the advice of an attorney. SmackDocs does not advise you to rely upon the content found on its website and/or on any affiliated website(s) for any purpose without also seeking qualified legal advice from licensed attorneys.

N) Limitation of Our Liability – SMACKDOCS AND/OR ITS DIRECTORS, EMPLOYEES AND/OR CONSULTANTS AND OTHER AGENTS ARE NOT AND WILL NOT BE LIABLE FOR ANY DAMAGES, BE THESE DIRECT OR INDIRECT, THAT MAY ARISE AS A CONSEQUENCE OF YOUR USE OF THE SMACKDOCS WEBSITE AND/OR ANY OF ITS AFFILIATED WEBSITES. SMACKDOCS AND/OR ITS DIRECTORS, EMPLOYEES AND/OR CONSULTANTS AND OTHER AGENTS ARE NOT AND WILL NOT BE LIABLE AND/OR RESPONSIBLE FOR ANY LOSS OF PROFITS, DATA, OR OTHER CONTENT IN ANY CONTRACT ACTION, TORT ACTION, OR OTHER FORM(S) OF NEGLIGENCE THAT RESULT FROM OR ARE IN ANY WAY ASSOCIATED WITH THE USE OF (OR FAILURE TO ACCESS) THE SMACKDOCS WEBSITE AND/OR ANY OF ITS AFFILIATED WEBSITES, ANY SERVICES CONTAINED OR OFFERED THEREIN, AND/OR ANY CONTENT LOCATED ON OR OBTAINED FROM SAID WEBSITE(S). SMACKDOCS AND/OR ITS DIRECTORS, EMPLOYEES AND/OR CONSULTANTS AND OTHER AGENTS ARE NOT AND WILL NOT BE LIABLE FOR ANY DAMAGES RELATED TO THE RELIANCE BY YOU ON ANY INFORMATION FOUND ON THE SMACKDOCS WEBSITE OR ON ANY OF ITS AFFILIATED WEBSITE(S), AND/OR DAMAGES RESULTING FROM INTERRUPTIONS IN SERVICE OR ACCESS TO SAID WEBSITES, ERRORS OR OMISSIONS, THE LOSS OR DELETION OF ANY FILES OR CONTENT, DEFECTS, VIRUSES, AND/OR ANY FAILURE OF PERFORMANCE OF SAID WEBSITES WHETHER THIS BE BY AN ACT OF GOD, THEFT OR PIRACY, COMMUNICATIONS FAILURE, DELIBERATE OR INADVERTENT ERADICATION OF CONTENT OR USER IDENTITY, OR UNAUTHORIZED ACCESS TO THE SMACKDOCS WEBSITE AND/OR ANY OF ITS AFFILIATED WEBSITE(S). FURTHER, SMACKDOCS WILL BEAR NO LIABILITY WITH RESPECT TO TORT ACTION OR ANY OTHER FORM(S) OF NEGLIGENCE, NOR WILL SMACKDOCS BE RESPONSIBLE FOR ANY PRODUCT LIABILITY, PROSPECTIVE OR IMPLIED WARRANTY, OR OTHER EFFECT OR CONSEQUENCE STEMMING FROM USE OF THE SMACKDOCS WEBSITE OR ANY AND ALL AFFILIATED WEBSITE(S).

O) Governing Law – these Terms of Use of the SmackDocs website and any or all of its affiliated website(s) shall be governed by the laws of the State of Utah, including any agreements reached or services rendered, and with respect to any conflict of laws which may exist and/or any provisions thereof. Further, you agree that any legal action resulting from use of the SmackDocs website and/or its affiliated website(s) or these Terms of Use contained therein shall be filed in and only in the state courts within Cache County in the State of Utah, and you hereby agree to be bound by and subject to the exclusive jurisdiction of the courts referenced herein for purposes of any legal action or lawsuit that stems from your use of the SmackDocs website or any of its affiliated website(s) or from application of these Terms of Use contained therein.

P) Prospective User Termination – SmackDocs reserves the right to discontinue, completely at its sole discretion, the authorization or otherwise deactivate the profile and access of any user of the SmackDocs website and/or any of its affiliated website(s), as well as to block, circumvent, or deny future access of any user to said websites if such is deemed necessary or appropriate.

Q) Acknowledgement of Severability – should any part, portion, or provision of these Terms of Use be judged unlawful or void, or otherwise unenforceable for any reason, said part, portion, or provision will be considered severable with respect to these Terms of Use and the content and data contained therein. Such severing of any part, portion, or provision will in no way influence or change the enforceability of any remaining parts, portions, or provisions contained herein.

R) Should You Have Questions or Wish to Provide Feedback – to submit concerns or questions, or to offer general feedback, please employ SmackDocs’ convenient “Contact Us” form. This form may be accessed from the SmackDocs website. To reach SmackDocs by phone, please dial (000) 000-0000.

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