SMARTdesks Website Terms and Conditions of Use

Latest Update: 11/08/2017

www.smartdesks.com, the “Site” is owned by CBT Supply, Inc, d/b/a SMARTdesks.  The Terms of Use are subject to change by SMARTdesks at any time at its sole discretion.  Use of the Site after such changes constitutes your acknowledgement and acceptance of the changes.   Please consult these Terms of Use regularly. By accessing the Site you accept and agree to these Terms of Use and you attest that you are at least 18 years of age, and that you have the right to grant acceptance to these Terms of Use.  If you do not agree to the Terms of Use, you shall not access or use the Site.

Restrictions on Use

All material included on this Site, and any other Site owned, operated, licensed or controlled by SMARTdesks, such as but not limited to, text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations and software (the “Content”) is the property of  SMARTdesks, its subsidiaries, affiliated company and/or third party licensors and is protected by United States and International copyright laws. Modification or use of the Content except as expressly provided in these Terms of Use violates SMARTdesks intellectual property rights.

The Content may not be copied, mirrored, distributed, republished, uploaded, posted, modified, be deriviative works of,  or transmitted in any way without the prior written consent of SMARTdesks, except that:

1. You may download, print, distribute and use pages from the Site for your own informational, non-commercial purposes, but not for commercial use or general distribution

2. Any copies of documents or pages from the Site must not alter the original Site content and must include the SMARTdesks copyright notice  ©1996-2017 SMARTdesks.  All Rights Reserved.

3. You may link to this Site provided the link does not imply, suggest or state  SMARTdesks has endorsed or is affiliated with the linked Site. You agree to cooperate in the cessation of any unauthorized framing or linking to the Site.  SMARTdesks reserves the right in its sole discretion to disable all or any links at any time without notice.

4. The Site may contain links to other third party sites and resources. SMARTdesks accepts no responsibility for these links for any loss or damage that may arise from your use of them. Your use and access to any of the third party websites is entirely at your own risk and is subject to the terms and conditions of use dictated by such websites.

Users of the Site must not:

1. Monitor, gather or copy any Content on the Site by using any robot, “bot”, spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind including reverse engineering.

2. Frame or utilize framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text or page layout).

3. Engage in any activities through or in connection with this Site that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, abusive, and deceptive or that violate any right of any third party.

4. Attempt to circumvent the security systems of the Site

5. Attempt to gain unauthorized access to services, material, other accounts, computer systems or networks connected to any SMARTdesks server.

6. Attempt to use the Site for any purposes other than those intended by SMARTdesks, as determined by SMARTdesks in its sole discretion.

7. Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.

8. Engage in any activity that interferes with a user’s access to this Site or the proper operation of this Site or violates the privacy rights of other users of the Site. You also agree that in using this Site you will not impersonate any person or entity.

The Content and functionality of the Site may be updated or changed at any time without prior notice. In addition, if SMARTdesks becomes aware that you are copying, mirroring, modifying or distributing the Content of the Site other than for the permitted uses of the Site, SMARTdesks reserves the right to revoke your right to these permitted uses.

Proprietary Information Consent

If you wish to use material contained on this Site other than for your individual review and individual educational purposes, and the copyright ownership of such material is held by a third party, then you must secure the permission of such third party in order to use such material.  If you are not a customer of SMARTdesks and wish to download and use any information contained in this Site other than for your individual review and individual educational purposes or in connection with your customer relationship or potential customer relationship with SMARTdesks, send a request with your proposed use to orderentry@smartdesks.com for evaluation of your proposed use of SMARTdesks Site Content.

If your request for use of SMARTdesks Site Content is approved by SMARTdesks management, you may be granted permission to view, use, reproduce, copy and distribute documents with SMARTdesks Site for the sole purposes specified in your request. You agree to all terms herein:

1. Not to modify the documents, publications or graphics

2. Not to quote materials out of context

3. To retain and display the copyright notice of SMARTdesks on such Content

SMARTdesks shall have the right to monitor the use of this Site to determine compliance with the Terms of Use, revoke its consent at any time and you shall immediately cease any further use of the SMARTdesks Site Content.  The foregoing consent does not include permission to copy the design elements, look and feel , layout or trade dress of the SMARTdesks Site.  Subject to the further terms set forth herein, you assume all risks concerning the suitability and accuracy of the information within SMARTdesks Site which you propose to use, subject to SMARTdesks consent.

Disclaimer

SMARTdesks cannot guarantee that the Site or its content is error free and SMARTdesks makes no representations about the technical accuracy or functionality of the Site or that the Content is accurate, error free or up to date.

THIS SITE IS PROVIDED BY SMARTDESKS ON AN “AS IS” AND “AS AVAILABLE” BASIS.  SMARTDESKS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY.  YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.  SMARTDESKS DOES NOT WARRANT THAT THE INFORMATION IN THIS SITE IS ACCURATE, RELIABLE, UP TO DATE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL CONTENTS.  THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND SMARTDESKS MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME.  YOU AND NOT SMARTDESKS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT.  SMARTDESKS MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

Limitation of Liability

Neither SMARTdesks, any of its affiliates, directors, officers and employees, nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site or the operation of the Site or failure of the Site to operate. In no event shall SMARTdesks be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages or any damages whatsoever, even if SMARTdesks has been previously advised of the possibility of such damages whether in an action in contract, negligence, or any other theory, arising out of or in connection with the use, inability to use or performance of the information, services, products and materials available from this Site.  These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.  Your acceptance of this limitation of liability is an essential term of this agreement and the parties acknowledge that SMARTdesks would not grant access to the Site without your agreement to this term.

Intellectual Property

You should assume that everything you see or read on the Site is proprietary information protected by copyright or trademark unless otherwise noted, and may not be used except as provided in these Terms of Use or with the written permission of SMARTdesks.  Nothing posted on this Site grants a license to any SMARTdesks trademarks, copyrights or other intellectual property rights, whether by implication, estoppel or otherwise.

Third Party Trademarks

Trademarks displayed on this Site not owned by SMARTdesks are the property of their respective owners, who may or may not be affiliated with SMARTdesks.  Nothing contained on this Site should be construed as granting any license or right to use any third party trademarks without the written permission of such third party that may own the trademarks.  Your use of the trademarks, or any other Content on the Site, except as provided in these Terms of Use, is strictly prohibited.  We ask that you respect these rights.

Linked Sites

This Site may link to or be linked from other websites that are not maintained by, or related to, SMARTdesks.  SMARTdesks does not endorse, and is not responsible for, the content of any of those third-party websites.

Sales of Services

All sales of services are subject to SMARTdesks standard terms and conditions of sale, a copy of which is available upon request.

International Use

SMARTdesks makes no representation that materials on this Site are appropriate or available for use in locations outside the United States.  Access to this site from countires or territories where such access is illegal is prohibited.  Those who choose to access this Site outside the United States do so on their own initiative are responsible for compliance with local laws.

Governing Law

You agree that your use of this Site,  this Agreement and any disputes relating thereto shall be governed in all respects by the laws of the State of New Jersey, USA. Any dispute relating to this Agreement shall be resolved solely in the state or federal courts located in Trenton, New Jersey, however we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other country if different from the USA.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by Smartdesks of any term or condition set forth herein the Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or conditions and any failure of SMARTdesks to assert a right or provision herein the Terms of Use shall not constitute a waiver of such right.

If any provision of the Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall not deter the remaining provisions of the Terms of Use from remaining in full force and effect.

Entire Agreement

The Terms of Use herein and our Privacy Policy comprise the only and entire agreement between you and SMARTdesks with respect to the Site and supersede all prior understandings, agreements, representations and warranties, written and oral with respect to the Site.