Welcome to the Access Smart, LLC Website. Following are the legal terms and conditions that govern your use of this site.
THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND ACCESS SMART, LLC. (“ACCESS SMART,” “WE” OR “OUR”). PLEASE READ THIS AGREEMENT (“AGREEMENT”) IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR DOWNLOAD ANY IMAGE. BY USING THIS WEBSITE YOU ARE AGREEING TO THE FOLLOWING TERMS AND CONDITIONS AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE PLEASE DISCONTINUE USING THE SITE.
Legal Ownership of This Website
We welcome interest in our methods. However, it should be clearly understood that this Website is owned and operated by Access Smart, LLC. All of the content featured or displayed on this Website, including, but not limited to, all intellectual concepts related to our humanistic work environment, all of our methods of doing business, our terminology such as Idea Leadership, Humanism, Shared Values, Quality Circles, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by Access Smart, LLC its licensors and its content providers. Use of any of this content in any form is only permitted with our express written consent, and when such consent is given, such consent is limited only to the specifically requested use in question.
All elements of Access Smart’s Websites, including, but not limited to, the general design and the content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with the Access Smart, LLC or one of its subsidiaries; no portion or element of the Website or its content may be copied or retransmitted via any means and this Website, its content and all related rights shall remain the exclusive property of the Access Smart, LLC or its licensors unless otherwise expressly agreed. You shall indemnify Access Smart, LLC its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights.
“Access Smart, LLC” the Access Smart logo, Idea Leadership, and Shared Values are copyrighted terms or service marks of the Access Smart, LLC or its subsidiaries and may be registered in some countries.
Access Smart, LLC recognizes and respects your rights to privacy. Accordingly, we have the following policy and practices related to information you provide to us, or we obtain about users of this Website.
For the purposes of fulfilling specific requests you make to us, we may require you to provide certain information to us. Common items may include, but are not limited to, your name, address, e-mail address, phone number, resume and other information.
By providing this information to Access Smart, LLC you are agreeing to allow us to utilize this information for the specific purpose related to your request through this Website and to disclose that information to Access Smart’s various offices, subsidiaries and affiliates. Because of the nature of the Internet, such data may not be secure and may pass through any country.
By registering at our site for information about our company, or about our clients, you authorize us to send you information about our services or clients. We may do so using either the e-mail or the mailing addresses you provided on the registration screens. From time to time, we may notify you of important news about our clients or company but you may elect not to receive this information at any time by contacting us via e-mail or in writing and requesting that you be removed from our database.
We do not share any information you provide to us, including your e-mail and mail addresses, with any companies outside Access Smart, LLC, its subsidiaries and affiliates. If you would like to revise the information provided to us, or feel that what we currently have on record is incorrect, you may update the information by sending us an e-mail or writing us with your changes.
About Cookies
When you visit this Access Smart’s LLC Website, we may place a text file called a “cookie” in the browser directory of your computer’s hard drive. A cookie is a small piece of information that a Website can store on your web browser and later retrieve. The cookie cannot be read by a Website other than the one that set up the cookie. Cookies enable this Website to recognize the information you have consented to give to this Website, and help us determine what portions of this Website are most appropriate for your professional needs. We do NOT use cookies to examine your surfing behavior before or after leaving the Access Smart, LLC Website.
Disclaimers
THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND ACCESS SMART, LLC TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT ACCESS SMART, LLC, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.
Except as specifically stated in these Terms of Use or Privacy Policy, or elsewhere on this Website, or as otherwise required by applicable law, neither toward Access Smart, LLC nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this Website or the content whether or not we have been advised of the possibility of such damages.
Access Smart, LLC uses reasonable efforts to ensure the accuracy, correctness and reliability of the content, but we make no representations or warranties as to the content’s accuracy, correctness or reliability.
There may be links to other Websites from Access Smart’s, LLC Website; however, these other Websites are not controlled by Access Smart, LLC and we are not responsible for any content contained on any such Website or any loss suffered by you in relation to your use of such Websites. You waive any and all claims against Access Smart, LLC regarding the inclusion of links to outside Websites or your use of those Websites.
Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Governing Law and Venue
This Agreement shall be interpreted, construed and governed by the laws of the State of California, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the Superior Courts of the State of California or the Federal District Courts of the Western District of California (as permitted by law), and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, Access Smart, LLC shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Access Smart, LLC such action is necessary or desirable.
No action of Access Smart, LLC other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these legal Terms of Use or Privacy Policy. Should any clause of these Terms of Use or Privacy Policy be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
We reserve the right to change these Terms of Use, the Privacy Policy, prices, information and available contractual license terms featured on this Website without notice. These conditions set out the entire agreement between Access Smart, LLC and you, relating to your use of this Website.