Use of Site
This website is provided solely for the use of current and future customers or clients of the Smith House to provide you with information about our company, to use our services for educational purposes, and to enable you to contact us with any questions or comments that you may have related to the Content of this website. Any other use of this site is prohibited.
Site Contents and Ownership
The information contained on this site, including all designs, writings, graphs, data, and other materials (Materials or Content) are the property of Smith House and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Permission is granted to view, copy, download, and print portions of this site solely for the purposes of using this site for the authorized use described above. You may not distribute the Contents without providing credit to the Smith House. You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the Contents. Except as provided in this Notice, the Smith House does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
Disclaimer of Warranty
You expressly agree that use of this website is at your sole risk. Neither the Smith House, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials. the Smith House does not warrant or represent that the use of the Materials will result in you or your business or website achieving a certain result or performing in a certain way.
The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, the Smith House does not warrant the reliability of any statement or other information displayed or distributed through the site. the Smith House reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. the Smith House may make any other changes to this site, the Materials and the products, programs, or services described in this site at any time without notice.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,”“WHERE IS,” AND “WHERE AVAILABLE” BASIS. THE SMITH HOUSE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SMITH HOUSE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
Limitation of Liabilities
YOU AGREE THAT THE SMITH HOUSE AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL THE SMITH HOUSE OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER THE SMITH HOUSE OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless THE SMITH HOUSE, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site or the information contained herein, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
Limitations on Claim
Any cause of action you may have with respect to your use of this site must be commenced within one year after the claim or cause of action arises.
Term and Termination
Without limiting its other remedies, THE SMITH HOUSE may immediately discontinue, suspend, terminate, or block your and any user’s access to this site at any time in our sole discretion.
As a convenience to you, we may provide on this site links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by THE SMITH HOUSE. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by THE SMITH HOUSE. THE SMITH HOUSE does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by THE SMITH HOUSE. Links do not imply that THE SMITH HOUSE or this site’s sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of THE SMITH HOUSE or any of its affiliates or subsidiaries. Except for links to information authored by THE SMITH HOUSE, THE SMITH HOUSE is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. THE SMITH HOUSE reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.
Controlling Law, jurisdiction, and International Users
This Agreement is governed by and shall be construed in accordance with the laws of the State of Georgia, U.S.A., without reference to its conflict-of-law provisions. THE SMITH HOUSE makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Lumpkin County, Georgia for any disputes with THE SMITH HOUSE arising out of your use of this site.
This Agreement constitutes the entire agreement between THE SMITH HOUSE and you with respect to this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and THE SMITH HOUSE with respect to this website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Modifications to Agreement
We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. THE SMITH HOUSE does not and will not assume any obligation to notify you of changes to this Agreement.
Electronic Communications and Electronic Signatures
You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from THE SMITH HOUSE solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.