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Terms of Use
By accessing any areas of this Internet site or by ordering any product or service through the use of this Internet site, user agrees with SmartPlans LLC that user is bound by the terms set forth below. The terms of this agreement include terms on use of this Internet site, terms on the purchase of products and services, and terms regarding and trademark matters.
1. Copyrights & Trademark
"Advertising PowerLIFT," "Ad PowerLIFT," “DM PowerLIFT” and the Advertising PowerLIFT logo are trademarks of SmartPlans LLC.
This Internet site contains information, data, software, photographs, graphs, graphics, and other material (collectively, "Content") that are protected by copyrights, trademarks, trade secrets or other proprietary rights protected by U.S. and international copyright laws. These rights are valid and protected in all forms, media and technologies existing now or hereafter developed. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.
SmartPlans grants you permission to copy electronically and to print in hard copy portions of the Content for (1) personal use if you maintain all copyright notices, trademark legends and other proprietary rights notices, (2) using this Internet site as a personal shopping resource, (3) communicating with SmartPlans about the SmartPlans product or service, or (4) placing an order with SmartPlans Any other use of materials on this site, including reproduction for purposes other than permitted above, uploading, modification or distribution, is prohibited without SmartPlans prior written permission.
All other trademarks, product names, and company names and logos appearing on this site are the property of their respective owners. User must obtain permission from those owners before copying or using the owner's trademarks, product names and company names and logos.
2. Third Party Content
SmartPlans is a distributor and not a publisher of Content supplied by third parties and has no editorial control over the content of third parties displayed on this site. SmartPlans is not responsible for any opinions, advice, statements, services or other information that constitutes Content and is provided by third parties. SmartPlans does not guarantee the accuracy, completeness or usefulness of that Content. The user is responsible for evaluating such Content.
3. On Line Conduct
Any conduct by a user that in SmartPlans's sole discretion restricts or inhibits any other user from using or enjoying this Internet site will not be permitted. User will use this Internet site only for lawful purposes.
4. No Warranties; Limitation of Liability
Use of this Internet site is at user's sole risk. Neither SmartPlans, nor its affiliates, nor any of its officers, directors, or employees, agents, third-party content providers, vendors, licensers, or the like, warrant that this Internet 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 Internet site, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through this Internet site.
SMARTPLANS IS PROVIDING THIS INTERNET SITE AND ITS CONTENT ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS INTERNET SITE OR ITS CONTENT. SMARTPLANS DISCLAIMS ALL THOSE REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, SMARTPLANS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON OR THROUGH THIS INTERNET SITE IS ACCURATE, COMPLETE OR CURRENT, AND ALL INFORMATION, INCLUDING PRICES AND AVAILABILITY, IS SUBJECT TO CHANGE WITHOUT PRIOR NOTICE TO USER.
Except as otherwise specifically stated on this Internet site, neither SmartPlans nor any of its affiliates, nor the directors, employees or other representatives of any of them, is liable for damages arising out of or in connection with the use of this Internet site, including mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, or delays in operation or transmission. This is a comprehensive limitation of liability that applies to all damages of any kind, including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
5. Security Policy
SmartPlans uses reasonable precautions to protect the privacy of your credit card and other ordering information. SmartPlans order processing systems is not accessible to the public. SmartPlans uses the services of outside third parties for payment processing and is not responsible for the accuracy or security of these systems.
6. Privacy Policy
SmartPlans respects the privacy of its customers, and other individuals and businesses using the Web sites owned and operated by SmartPlans and its affiliates. The privacy policy is dated and published on a separate web page to keep you informed about the types of information collected on SmartPlans sites and how the information is used and protected.
ADVERTISEMENTS ON SMARTPLANS SITES
Advertising companies deliver ads on some SmartPlans Sites. You should be aware that when you click on these ads, the advertising companies may also deploy cookies to receive anonymous information about ad viewing by Internet users on SmartPlans Sites and other Web sites. This information is associated with your Web browser, but cannot be associated with your name or e-mail address without your permission. Therefore, advertising companies may know where your computer goes on the Web, but they do not know who you are unless you tell them. SmartPlans does not provide personally identifiable information about its customers or SmartPlans Site visitors to these advertising companies.
PERSONALLY IDENTIFIABLE INFORMATION
SmartPlans may ask you to provide what is often referred to as "personally identifiable information" such as your name, address, telephone number and e-mail address when you use SmartPlans. We use personally identifiable information provided at a SmartPlans Site in the following ways unless otherwise specified:
For its intended purpose (such as to complete an online order for product or service),
To provide you with information about new SmartPlans products, services or SmartPlans business partners.
DISCLOSURE TO THIRD PARTIES
SmartPlans will not sell or disclose to outside parties any personally identifiable information obtained from a SmartPlans online service or the registration at a SmartPlans Site without your consent except under the following circumstances:
When required by law,
When disclosure is necessary to protect the safety of a customer, third party or SmartPlans' property
If it is required in connection with any sale or transfer of all or a portion of SmartPlan’s assets.
E-MAIL COMMUNICATIONS
E-mail is an increasingly popular communication tool through which you and your business may communicate with SmartPlans Likewise, SmartPlans may use email to communicate with you, send order invoices and billing information, respond to your e-mail, and to tell you about new products and services. If you do not wish to receive e-mail promotions and new products and service announcements from SmartPlans, please notify SmartPlans at info@adpowerlift.com to have your name removed from the list.
LINKS
Some SmartPlans Sites contain links to other Web sites that are owned and operated by parties other than SmartPlans Please be aware that this Privacy Policy does not extend to any Web sites other than those owned and controlled by SmartPlans
QUESTIONS
If you have questions or comments regarding this Privacy Policy, you may contact us at mailto:info@adpowerlift.com . If you have submitted personally identifiable information, and would like that information deleted from our records, please contact us at our e-mail address. We will use reasonable efforts to delete that information from our files.
7. Purchases
General. User agrees to purchase the products and services ordered on the various order screens when user clicks on the "SUBMIT" or similar button on the product or service order screens. The terms of the purchase agreement include the information included on the various order screens, the terms of this section, and the SmartPlans Terms and Conditions. Such agreement is in addition to and not in lieu of the agreement with user formed by user's use of this Internet site.
PRODUCT WARRANTY
There is no representation, ever, warranty or condition, whether expressed or implied by any statute or otherwise, including warranties and conditions of merchantability, fitness for a particular purpose, or any other matter for the product or product(s) referred to herein.
While the information contained herein is believed to be reliable, SmartPlans makes no representations as to the reliability of the results or as to the results the buyer or user will achieve. No statements or recommendations herein are to be construed as representations applicable to the particular applications of the user or now or hereafter in existence. Under no circumstances shall SmartPlans be liable for personal injury, property, or economic loss or for incidental, consequential, special, punitive or indirect damages whatsoever of any description or amount from alleged negligence, breach of warranty or condition, strict liability, tort, contract, defective product (patent or latent) or any other legal theory, arising out of the manufacture, sale, use or handling or the product (s) referred to herein or relating in any other way to such product (s). Buyer's sole remedy and SmartPlans' sole liability for any claims whatsoever, whether based upon any of the above causes or otherwise, shall be limited to the buyer's purchase price of the product which is the subject of the claim or the amount actually paid for such product, whichever is less. Technical advise furnished by seller shall not constitute a warranty or condition, statutory or otherwise, which is expressly disclaimed, all such advice being given and accepted at the buyer's risk.
Limitation of Liability. Neither SmartPlans nor any of its affiliates, nor the directors, employees or other representatives of any of them, is liable for damages arising out of or in connection with the use of the products or services obtained through this Internet site. This is a comprehensive limitation of liability that applies to all damages of any kind, including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
If you are not satisfied with your purchase from SmartPlans, you may return the product to SmartPlans by calling 410-991-7084. In order to obtain a full refund of the original purchase price of the SmartPlans product, you must return the product in an undamaged condition within 21 days of your purchase. Upon SmartPlans' receipt of the returned product, SmartPlans will credit your credit card account number used for the original purchase, or issue a refund check if original purchase was paid by check..
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