Terms of Use

Welcome to Smartman Daily (the “Site”). We provide this website and the services associated with it in accordance with the terms set forth below.

Site Access

Smartman Daily grants you a limited license to access and make personal, non-commercial use of the Site. Redistribution for commercial use is prohibited.

If you use any part of the Site that requires a user name or password, you are responsible for keeping that username and password confidential. You hereby agree to accept responsibility for all activities that occur under your account or password. If the confidentiality of your account or password is compromised, please notify Smartman Daily immediately. Under no circumstances shall Smartman Daily be held liable for any damages resulting from or arising out of (i) any action or inaction of Smartman Daily under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password.

The Smartman Daily logo, design, graphics, pictures, and other files, and the selection and arrangement thereof ("Materials") are ALL RIGHTS RESERVED Copyright © 2008 Smartman Daily and/or its licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Smartman Daily.

Copyright Complaints

If you are a copyright owner or an agent thereof and believe that any user submission to Smartman Daily or other content on the site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent (see below) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Smartman Daily’s designated Copyright Agent to receive notifications of claimed infringement is: Via Email: CopyrightAgent@smartmandaily.com. Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to David@SmartmanDaily.com. You acknowledge that if you fail to comply with all of the requirements of the DMCA, your copyright notice may not be valid.

Acceptable Use

All access to and use of the services available on the Site are subject to the following acceptable use policies.

Smartman Daily has the right, but not the obligation, to terminate your access and use of the Site and related services at any time, and block or remove any communications and materials that Smartman Daily believes in its sole discretion may violate applicable law, these operating and acceptable use policies or a third party's rights.

By using the Site, you agree not to:

Publish on this Site any information or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise injurious to third parties;
Upload any Content that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, federal, or international law;
Upload Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
Impersonate any person or entity or interfere with other users of the Site. (Unless you are participating in an area of the Site that requires or allows anonymity, use your real name in online communications);
Upload to or publish through this Site any Content such as charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or "spam," or offering or disseminating fraudulent goods, services, schemes or promotions;
Publish or upload unsolicited promotions, commercial solicitation or post advertising or other solicitation of other users of the Site for goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose;
Post or list articles that are off-topic according to the description of the category or send unsolicited mass emails to 10 people or more; and/or disseminate or host harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots, malware or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information;

Smartman Daily takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third-party, or for any mistakes, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of the Site, Smartman Daily is only a forum and is not liable for any statements, representations, or Content provided by its users in any public forum or personal home page. It is not Smartman Daily's intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, Smartman Daily reserves the right to take such action as it deems appropriate in cases where the Site is used to disseminate statements that are deeply and widely offensive and/or harmful.

Enforcement

Smartman Daily reserves the right to enforce this Agreement by issuing warnings, suspending or terminating service, and/or removing, screening and/or editing of posted Content, self-help and active investigation, litigation and prosecution in any court or appropriate venue. Smartman Daily may access, use and disclose transaction information and Content to comply with the law (e.g., a lawful subpoena); to enforce or apply our customer agreements; to initiate, render, bill, and collect for services; to protect our rights or property, or to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AGREEMENT OR ANY RELATED POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A SMARTMAN DAILY CUSTOMER, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY SUCH CUSTOMER.

Responsibility for Your Conduct

You shall remain solely liable for the Content of any messages or other information you upload or transmit to this Site. You agree to indemnify and hold harmless Smartman Daily from any claim, loss, or damages (including attorneys' fees) made or incurred by any third-party arising out of or relating to your conduct, your violation of this Agreement, or your violation of any rights of a third-party.

Third-Party Products and Services

Parties other than Smartman Daily may offer products and services on or through the Site. Except for products or services specifically identified as being supplied by Smartman Daily, Smartman Daily does not endorse any information, products or services on the Site. Except for Smartman Daily-branded products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with Smartman Daily. Smartman Daily is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Smartman Daily does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Indemnification

IN NO EVENT SHALL SMARTMAN DAILY BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OR INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITE, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE OR THE CONTENT, MATERIALS, INFORMATION, PRODUCTS OR SERVICES ON OR AVAILABLE THROUGH THE SITE, EVEN IF SMARTMAN DAILY OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SMARTMAN DAILY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF SMARTMAN DAILY'S SITE EXCEED $5.00 (FIVE U.S. DOLLARS) OR THE COMPENSATION YOU PAID SMARTMAN DAILY, WHICHEVER IS LESS.

You agree to indemnify, defend and hold harmless Smartman Daily, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.

No Spam

You may not use Smartmandaily.com or any of our tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use Smartmandaily.com to violate the terms of this section. We may terminate your access or use of Smartmandaily.com immediately and take any other legal action if you, or anyone using your access to Smartmandaily.com, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining with in our computer or communications networks.

No Duty to Monitor

You agree that we are not liable for Content that is provided by others. We have no duty to screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.

General Terms

You agree that: (i) the Smartman Daily website shall be deemed solely based in New York; and (ii) the Smartman Daily website shall be deemed a passive website that does not give rise to personal jurisdiction over Smartman Daily, either specific or general, in jurisdictions other than New York. These Terms of Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and Smartman Daily that arises in whole or in part from the Smartman Daily Website shall be decided exclusively by a court of competent jurisdiction located in New York, New York. These Terms of Use and any other legal notices published by Smartman Daily on the website, shall constitute the entire agreement between you and Smartman Daily concerning the website. If any provision of these Terms of Use are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Smartman Daily’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Smartman Daily reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Smartman Daily website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND SMARTMAN DAILY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SMARTMAN DAILY WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.