Terms of Use

The Web site located at www.krystalhsmith.com (the “Site”) is owned and operated by our company. By using and accessing the Site and logging on to the Site you expressly acknowledge that you have read and understand these terms of use (“Terms of Use”) and agree to be bound by the Terms of Use.

1. USE OF THE SITE

The Site is provided solely for information purposes. Our company may modify or change the Terms of Use at any time by posting notice of such change on Site. Your continued use of Site after the effective date of such notice will constitute acknowledgment and acceptance of the revised Terms of Use. Our company may make certain information or services available via the Site only pursuant to additional guidelines, rules or agreements applicable to such services which may be posted from time to time. You are entitled to view, copy and print any documents that are made generally available on Site but only for your own internal business purposes. Any sale, transmission or redistribution of Site or its content, and any copying, modification or other use of Site or its content for any purposes other than your own internal business purposes, are strictly prohibited.You are prohibited from using Site to gain unauthorized access, directly or indirectly, to our company’s computer systems or a third party’s computer systems. You shall not interfere with another user’s use or enjoyment of Site. Our company reserves the right, in its sole discretion, to take action that it deems appropriate for violations of this Terms of Use, including but not limited to terminating your access to Site, filing of criminal charges against you, or the initiating of a civil action against you.

To the extent required to do so by law, our company will fully cooperate with any law enforcement authorities or court order requesting or directing our company to disclose information regarding users of Site.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

2. PRIVACY POLICY

Registration data and certain other information about you is subject to our Privacy Policy. For more information, please see our full Privacy Policy on the Site.

3. PROPRIETARY RIGHTS

The Site contains proprietary information that is protected by applicable intellectual property and other laws, and you acknowledge and agree that the proprietary information is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by our company, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, in whole or in part.

4. TERMINATION

Our company may terminate your access to or use of the Site and remove and discard any content within the Site, for any reason. Our company may also discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to Site under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that our company may immediately deactivate or delete all related information and files. Further, you agree that our company shall not be liable to you or any third-party for any termination of your access to Site.

5. LINKS TO THIRD PARTY SITES

The Site may provide links to third party website(s) or resources. Such website(s) are publicly available and our company is providing access to such website(s) through the Site solely as a convenience to you. Because our company has no control over such sites and resources, you acknowledge and agree that our company is not responsible for the availability of such external sites or resources. The fact that access to such website(s) is provided does not constitute any endorsement, authorization or sponsorship of such website(s) or their sponsors by our company. Our company does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that our company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You understand and agree that you will use or rely on such web sites solely at your own risk and that our company does not grant to you any rights in respect of such website(s).

6. INDEMNITY

You agree to indemnify and release our company and its affiliates from and against any and all liabilities, expenses (including attorney’s fees) and damages arising out of claims resulting from your use of the Information or the Site, including, without limitation, any claims that if the allegations were true would constitute a breach of this Terms of Use.

7. DISCLAIMER OF WARRANTIES

a. OUR COMPANY STRIVES TO PROVIDE ACCURATE AND UP-TO-DATE MATERIAL ON THIS SITE. HOWEVER, OUR COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR TIMELINESS OF THE MATERIAL PROVIDED ON THIS SITE. OUR COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ON THIS SITE. YOUR USE OF SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OUR COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;

b. OUR COMPANY MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE WILL BE CORRECTED.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR COMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

8. LIMITATION OF LIABILITY

a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT OUR COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OUR COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON SITE; OR (iv) ANY OTHER MATTER RELATING TO THE SITE.

b. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

9. NOTICE

Notices to you may be made via either e-mail, regular mail, or by displaying notices or links to notices to you generally on Site.

10. GENERAL INFORMATION

a. The failure of our company to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If, for any reason, a court or other body of competent jurisdiction finds, or the Parties mutually believe, any provision of this Terms of Use, or portion thereof, to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible, and the remainder of this Terms of Use will continue in full force and effect.

b. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

c. THIS TERMS OF USE SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING REGARD TO THE CHOICE OF LAW PROVISIONS OF THE STATE. IN THE EVENT THAT ANY PROVISION OF THIS TERMS OF USE OR ANY PART HEREOF IS FOUND INVALID OR UNENFORCEABLE, THE REMAINDER OF THIS TERMS OF USE WILL BE BINDING ON THE PARTIES HERETO AND WILL BE CONSTRUED AS IF THE INVALID OR UNENFORCEABLE PROVISION OR PART THEREOF HAD BEEN DELETED.