TERMS & CONDITIONS
The following sets forth the terms of use (also known as the “Terms”) for this Web site, which is operated by The Smart Shade and supersedes any previous statement of such policies. Throughout these Terms, the word “Site” is used to refer to this Web site. By accessing and/or using the Site, you are consenting to these Terms. The Smart Shade may modify, alter, or update these Terms at any time without prior notice, and your subsequent use of the Site shall constitute your consent to the modification, alteration, or update. If you do not agree to these terms, do not use this Site. If you are interested in The Smart Shade information collection and use practices, please refer to The Smart Shade privacy policy.
Permitted Use of The Site Content
This Site is provided on an “as is” basis by The Smart Shade for the convenience of its customers and users, and the Site and the domain name(s) associated with it and all copyrights, trademarks, and other proprietary and personal rights in or related to the Site are the sole property of The Smart Shade. The Site is intended for use by persons 18 years of age or older. You are permitted to access the Site and the content provided by The Smart Shade (which may include text, images, hosted software, sound files, video or other content, and may be provided via the Site or otherwise) (collectively, “Content”) solely for the purpose of utilizing the Site, receiving information about The Smart Shade business and products, communicating with The Smart Shade, or otherwise as stated on the Site.
The Smart Shade hereby grants a worldwide, fully paid-up, perpetual, non-exclusive, non-transferable license to you to use the Content solely for the purpose of operating the Site.
You may not copy, modify, reproduce, retransmit or otherwise utilize the Content in any other fashion or for any other purpose without the express written permission of the Content’s owner. You may only link to the Site for the purpose of directing other users to the Site and must remove any link to the Site immediately on request from The Smart Shade. All copyrights, trademarks, patents, trade secrets and other proprietary rights displayed on or contained within the Site are the sole property of The Smart Shade and/or its licensors, each of whom reserves all rights with regard to such materials.
You hereby grant The Smart Shade a worldwide, perpetual, non-exclusive, transferable, fully paid-up license to use, copy, perform, or revise any content provided by you to The Smart Shade via the Site (which is referred to in these Terms as “User Content”). In connection with such User Content, you warrant and represent to The Smart Shade that you have all rights, title, and interests necessary to provide such User Content to The Smart Shade, and that your provision of the User Content to The Smart Shade shall not infringe any third party’s proprietary or personal rights, including but not limited to any trademark, copyright, patent, or trade secret.
Our Site uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies, which are text files placed on your computer, to help the Site analyze how users use the site. The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Site, compiling reports on Site activity for website operators, and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that if you do this you may not be able to use the full functionality of this Site. By using this Site, you consent to the processing of data about you by Google in the manner and for the purposes set out above."
Disclaimers
The Smart Shade MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE, ITS OPERATION, OR YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. The Smart Shade makes no warranties as to the availability, up-time, functionality, error-free nature or reliability of the Site, the Internet, or other technology utilized to present, access, or utilize the Site, nor does it warrant that the Site shall be free of computer viruses or other malicious content. The Smart Shade reserves the right to modify, suspend or discontinue the offering of the Site at any time for any reason without prior notice. Further, while The Smart Shade utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer or other property by your use of the Site.
IN NO EVENT SHALL The Smart Shade BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF THESE TERMS OR THE SITE, EVEN IF The Smart Shade HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN NO EVENT SHALL The Smart Shade AGGREGATE LIABILITY FOR ANY REASON ARISING OUT OF THESE TERMS OR THE SITE FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO APG IN CONNECTION WITH THE SITE.
The Smart Shade may provide links to third party Web sites from the Site. Such links are provided for your convenience, and do not necessarily constitute an endorsement by The Smart Shade of such sites or an affiliation between The Smart Shade and the owners of such sites, nor shall The Smart Shade be liable for the contents of such sites. The Smart Shade will also not be liable for any errors in such links, or for any malfunction of such links.
To the extent that The Smart Shade shall offer any sweepstakes or other prize promotions (“Promotions”) via the Site, such Promotions shall be subject to the rules published with the Promotions, which will be in addition to these Terms. Similarly, to the extent that The Smart Shade may provide you with an opportunity to obtain software or other proprietary content owned by The Smart Shade or a third party, such content may be subject to its own license agreement, in addition to these Terms.
Indemnification
By using this Site, you agree to indemnify and hold harmless The Smart Shade, its affiliates and contractors, and its and their officers, directors, employees and agents from and against any loss, claim, damage, obligation, liability, cost or expense (including, without limitation, reasonable attorneys’ fees and costs of any investigation or preparation) arising out of or in connection with any actual or threatened claim, suit, action or proceeding by any person based on or arising out any use by you or an account or computer owned by you of the Site or the Content or your provision of User Content to The Smart Shade.
Governing Law Forum
These Terms shall be governed by and interpreted in accordance with the laws of the State of CA, United States of America. You agree that the exclusive forum for any disputes arising out of these Terms and/or your use of the Site shall be the state and federal courts located in Cerritos, CA. In the event that any of the provisions herein are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these terms shall otherwise remain in full force and effect.
Other Provisions
The provisions regarding ownership, disclaimers, indemnification, governing law and forum set forth above will survive any termination of these Terms. All notices to Shade A Space in connection with these Terms shall be provided in writing, and any notice will be deemed to be given on the date it is received. The Smart Shade may from time to time revise these terms and conditions by updating this posting. Please visit this page periodically to review the current terms and conditions because they are binding on you.