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These terms and conditions govern your use of this web site (the "Web Site") operated by ImproveSmart, Inc. ("ImproveSmart"). By using this Web Site you consent and agree to these terms and conditions, as amended. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE CEASE IMMEDIATELY ALL USAGE OF THIS WEB SITE.
Trademarks
ImproveSmart makes no claim of ownership to the trademarks of any manufacturer or merchant (collectively, the "Vendor") whose products are listed on this Web Site, including any goodwill that arises from the use of those trademarks. All trademarks are the property of their respective owners.
Accuracy of Information
Product specifications and other information are provided by the Vendors or collected from publicly available sources. While ImproveSmart makes every effort to ensure that the information on this Web Site is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this Web Site.
ImproveSmart makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you hereby acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
No Endorsement
Mention of third-party products or services, including the use of trademarks or links to the web sites of Vendors if any, is for informational purposes only and constitutes neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors does not imply, directly or indirectly, that those Vendors endorse or have any affiliation with ImproveSmart.
Links to External Sites
ImproveSmart may contain links to other sites on the Internet, which are owned and operated by Vendors or other third parties. You acknowledge that ImproveSmart is not responsible for the availability of, or the content located on or through any External Site.
Permitted Use of Content
You hereby agree that you will not modify, copy, redistribute, transmit, display, perform, mirror, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from this Web Site without the express permission of ImproveSmart or the owners of such Content if other than ImproveSmart. You may download or copy content from this Web Site only for your own personal use or for the internal use of your organization, provided that you maintain all copyright and other notices contained in such content.
Termination of Usage and Membership Cancellation
ImproveSmart may suspend or terminate any Users access to all or any part of this Website including any account thereon, without notice, for any reason in ImproveSmart’s sole discretion, including without limitation ImproveSmart's belief that such access would violate any applicable law or would be harmful to the interests of any ImproveSmart Provider or another User.
Users may cancel their membership by notifying ImproveSmart Customer Service in writing, over the phone, or via e-mail. Please allow 5 business days for ImproveSmart to process cancellation requests. At the time of cancellation, ImproveSmart will cancel any and all future scheduled membership fee payments. However, once any payment is processed for membership fees, no refund requests will be accepted or processed. Once a user’s membership is cancelled, that user’s access to the ImproveSmart site will be revoked.
All payments for product purchases are final. No refund requests for product payments will be accepted or processed by ImproveSmart. ImproveSmart is available to assist in the coordination and communication between its Members and its Vendors, regarding the Vendor’s or Manufacturer’s applicable warranties and return policies. Each Vendor’s Warranty and Return policy is posted in the Vendor Profiles page on ImproveSmart’s website www.improvesmart.com .
Password Security
Every User is responsible for (i) keeping such User's ImproveSmart account password confidential and (ii) restricting access to such User's computer. Each User agrees to accept full responsibility for all activities that occur within such User's account.
DISCLAIMER OF WARRANTIES
You expressly acknowledge and agree that your use of ImproveSmart.com is at your sole risk. IMPROVESMART DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THIS WEB SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE SITE, ITS CONTENT AND PRODUCTS AND THE INFORMATION CONTAINED HEREIN ARE PROVIDED TO YOU AND ANYONE ELSE ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. IMPROVESMART AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IMPROVESMART AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, USEFULNESS, COMPLETENESS, EFFECTIVENESS OR TIMELINESS OF THE CONTENT, PRODUCTS, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH USE OF THE SITE. ANY USE OF THIS WEBSITE 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 USE OF THIS WEBSITE.
To the fullest extent of the law, ImproveSmart, its employees and representatives, specifically disclaim any and all implied or expressed warranties relating to this web site and or its content, including but not limited to implied warranties of merchantability, completeness, correctness, non-infringement, or fitness for any particular purpose.
LIMITATION OF LIABILITY.
YOU UNDERSTAND THAT NEITHER IMPROVESMART NOR ANY OF OUR SUPPLIERS SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS, INJURY OR DAMAGE AS A RESULT OF YOUR USE OR MISUSE OF THE SITE OR ANY CONTENT, PRODUCT OR INFORMATION AVAILABLE OR NOT AVAILABLE THROUGH IT. IN NO EVENT SHALL IMPROVESMART, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, ANY SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, DAMAGES RESULTING FROM LOST RECORDS OR DATA, INTERRUPTION, DOWNTIME, INCORRECT LINKAGE, DELAY, INACCURACY OR OTHER NONPERFORMANCE, ANY DAMAGES RELATING TO YOUR USE OR RELIANCE UPON THE SITE OR THE CONTENT, SERVICES OR OTHER INFORMATION CONTAINED THEREIN OR WITH REGARD TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, NON-TIMELINESS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY US OR OUR SUPPLIERS. THIS LIMITATION OF DAMAGES SHALL APPLY REGARDLESS OF WHETHER YOU OR ANYONE ELSE HAS ADVISED IMPROVESMART OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW CERTAIN LIMITATION OF LIABILITIES, SO ONE OR MORE OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ENFORCEMENT OF TERMS AND CONDITIONS
BY ACCESSING AND USING THE IMPROVESMART.COM WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS AS AMENDED, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF ARIZONA, UNITED STATES OF AMERICA.
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