Terms of Service
Updated: 8/16/2011
I. Introduction
II. Registration and Privacy
III. Subscription to the Service and Automatic Renewal Terms
IV. Copyright; Trademarks
V. Links; Third Party Websites
VI. Disclaimer; Limitation of Liability
VII. Indemnification
VIII. Site Usage; Termination of Usage
IX. Copyright Policy
X. Geographic Limits of Service
XI. Applicable Law; Jurisdiction; Dispute Resolution
XII. Severability; Interpretation
XIII. Entire Agreement
XIV. Miscellaneous
XV. Contact Information
I. Introduction
SmartTV.com (the “Site”), is a service to provide consumers with linear television networks and hours of video on demand programming via ala carte subscription (the “Service SmartTV.com, which is owned and operated by Smart Media, Inc. (collectively, “Smart Media”, “we”, “us”, “our”). Our mission is to allow consumers to subscribe to individual linear television networks and to authenticate on any device worldwide, including Personal computers, set top box units, and other devices.
These Terms and Conditions (“Agreement”) set forth the agreement between Smart Media and each user (“you”, “your”, or “user”) governing your use of this Site and the Service provided hereon. Please read this Agreement carefully before using this Site and subscribing to the Service. By using this Site, you agree to be bound by the terms and conditions contained in this Agreement, which include by incorporation Smart Media’s Privacy Policy. If you do not agree to the terms and conditions contained in this Agreement, you may not access or otherwise use this Site or the Service. This Site and the Service are directed to people aged 18 or older.
We may, in our sole discretion, modify this Agreement. The “Last Updated” date at the top of this Agreement will indicate when the latest modifications were made. By continuing to access and use the Site and/or the Service after this Agreement has been modified, you are agreeing to such modifications. Therefore, you should review this Agreement prior to each use of the Site and/or the Service. In addition, when using particular services or features of the Site and/or the Service, you shall be subject to any posted guidelines or policies applicable to such services or features that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into this Agreement.
II. Registration and Privacy
In order to take advantage of certain features of the Site, including the Service, you will need to register and create an account. In particular, registering will, among other things, allow you subscribe to the Service. Any personal information you provide will be managed by Smart Media in accordance with the terms of our Privacy Policy, which is hereby incorporated into and made part of this Agreement. Please carefully review our Privacy Policy. By using this Site (and if you subscribe to the Service), you agree to be bound by the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of this Site, your account registration, and any other personal information provided by you in accordance with our Privacy Policy.
III. Subscription to the Service and Automatic Renewal Terms
A. Description of Automatic Renewal Service
The Service is an automatically renewing subscription-based service that allows you to access and view hours of video on demand programming via ala carte subscription.
As more fully described below, by subscribing to the Service, you will be charged the monthly subscription fee for the subscription that you select in the signup/registration process. In the event you subscribe to the Service, you shall immediately be charged the entire amount equivalent to the advertised price for 1 month of the Service, and will then be charged on the first day of each month (unless your subscription is cancelled pursuant to Section III(B)(2)). UNDER THIS AGREEMENT, IF YOU CANCEL YOUR SUBSCRIPTION, YOU ARE NOT ELIGIBLE FOR ANY REFUND FOR THE CURRENT TERM FOR WHICH YOU ARE SUBSCRIBED, EXCEPT WHERE REQUIRED BY APPLICABLE LAWS. Your subscription will automatically renew for one month at the end of each month. YOU CAN CANCEL ANYTIME AFTER YOU HAVE SIGNED UP – YOU WILL NOT RECEIVE A REFUND FOR THAT THEN CURRENT MONTH, BUT YOU WILL HAVE ACCESS TO THE SERVICE THROUGH THE END OF THAT CURRENT MONTH. YOU WILL THEN NOT BE CHARGED AGAIN. If you wish to cancel the automatic renewal of the Service, you must do so by notifying us pursuant to the instructions below by midnight, on the last day of the then current month in order to allow us to process your cancellation request. If we receive your cancellation request after such time, you will be charged for the next subscription term.
B. Offer, Payment and Billing Terms and Conditions
1. Term and Automatic Renewal: The subscription term is 1 month. Upon expiration of the subscription term, your subscription automatically renews every calendar month. You are financially responsible for all associated subscription fees until notice of cancellation is received by Smart Media.
2. Cancellation Policy: You may cancel your subscription at any time after your initial registration. To cancel, you must email customer service support@smarttv.com If you wish to cancel the automatic renewal of the Service, you must do so by notifying us by 11:59pm on the last day of your subscription term in order to allow us to process your cancellation request. If we receive your cancellation request after such time, we shall charge you for the next subscription term. Smart Media shall bear no responsibility or liability for your failure to adequately notify Smart Media of your cancellation. Smart Media’ sole responsibility shall be its obligation to cancel your subscription for the next applicable subscription term once in receipt of your cancellation instructions.
Provided you cancel in accordance with this Section III(B)(2), your account will be terminated effective at the end of the then current billing term (i.e., at the end of the month). SMART MEDIA OFFERS NO REFUNDS FOR CHARGES INCURRED FOR THE THEN CURRENT SUBSCRIPTION TERM, BUT YOU WILL HAVE ACCESS TO THE SERVICE THROUGH THE END OF THE THEN CURRENT SUBSCRIPTION TERM.
Smart Media will confirm receipt of your cancellation request via email. Smart Media must receive your cancellation request in accordance with this Section III(B)(2).
3. Automatic Renewal Terms: BY SUBSCRIBING TO THE SERVICE, YOU UNDERSTAND AND AGREE THAT THE SUBSCRIPTION WILL AUTOMATICALLY RENEW EVERY CALENDAR MONTH AFTER THE PREVIOUS SUBSCRIPTION TERM ENDS. YOU HEREBY AUTHORIZE SMART MEDIA TO CHARGE YOUR CREDIT CARD FOR THE RENEWAL TERM WHICH WILL BE ONE CALENDAR MONTH AT THE THEN CURRENT SUBSCRIPTION FEE. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME IN ACCORDANCE WITH THE INSTRUCTIONS IN SECTION III(B)(2) ABOVE.
YOUR SAME CREDIT CARD THAT YOU USED TO SUBSCRIBE INITIALLY WILL BE AUTOMATICALLY CHARGED ON A MONTHLY BASIS FOR AS LONG AS YOU RETAIN YOUR SUBSCRIPTION TO THE SERVICE.
EXCEPT WHERE PROHIBITED BY LAW, FOR 1 MONTH AUTOMATICALLY RENEWING SUBSCRIPTIONS, YOU AGREE THAT SMART MEDIA IS NOT OBLIGATED TO SEND YOU ANY RENEWAL OR ADVANCE BILLING NOTICES INDICATING THAT YOUR CREDIT CARD WILL BE OR HAS BEEN CHARGED.
4. Payment and Billing Policies: PLEASE NOTE THAT THE ONLY ACCEPTED METHOD OF PAYMENT IS BY CREDIT CARD PAYMENTS USING YOUR VISA, MASTERCARD, OR AMERICAN EXPRESS CREDIT CARD. YOU AGREE TO NOTIFY SMART MEDIA IMMEDIATELY IN WRITING OR VIA THIS CUSTOMER SERVICE EMAIL: SUPPORT@SMARTTV.COM IF YOU DISCOVER THAT THE CARD NUMBER YOU PROVIDED TO SMART MEDIA WHEN YOU REGISTERED FOR YOUR SUBSCRIPTION IS A DEBIT CARD NUMBER, OR IF YOUR CREDIT CARD INFORMATION CHANGES. FAILURE TO NOTIFY SMART MEDIA MAY RESULT IN YOUR DEBIT CARD BEING CHARGED OR YOUR MEMBERSHIP BEING SUSPENDED OR TERMINATED.
You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
If you subscribe to the Service, you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with the billing terms in effect at the time the fee or charge becomes payable.
Smart Media reserves the right to change the amount of, or basis for determining, any fees or charges, and to institute new fees, charges or terms. Notice of such changes may be given on or with your monthly bill or by other methods.
All charges are billed in U.S. Dollars and are subject to other fees which the institution issuing your credit card may impose, for example fees for foreign currency transactions. You also agree to be bound by any rules your financial institution may require for pre-authorized electronic funds transfers or credit card issuer requirements for pre-authorized credit card charges. Please check with your financial institution to see if there are any fees associated with this pre-authorized payment option.
Your right to use the Service is conditional upon Entertainment Studio’s receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access and account. You are required to pay any amounts still owed to us at the time your account is suspended or terminated.
To review the billing terms of your account, you may access your account details.
IV. Copyright; Trademarks
You acknowledge that all materials on the Site and available via the Service, including the Site’s design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof, and the videos, programming, and other content available via the Service (collectively, “Materials”), are the property of Smart Media and/or its suppliers or licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in this Agreement are reserved to their respective copyright owners. Except as expressly authorized by this Agreement or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Smart Media or the respective copyright owner. Smart Media authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on this Site and on the Service any Marks associated with any programming or other content available on the Site or via the Service are the sole property of Smart Media and/or its suppliers or licensors and, except as expressly authorized by this Agreement or on the Site or Service, they may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Smart Media and/or its suppliers or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of Smart Media and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Smart Media. Smart Media will enforce its intellectual property rights to the fullest extent of the law.
V. Links; Third Party Websites
Links on the Site to third party websites are provided only as a convenience to you. If you use these links, you will leave the Site. Smart Media does not control or endorse any such third party websites. You agree that the Smart Media Parties (as defined below) will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from this Site, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. Smart Media expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website.
Without limiting the foregoing, your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or through the use of the Site or the Service, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or other third party. You agree that the Smart Media Parties shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or other third parties on the Site or the Service.
VI. Disclaimer; Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE AND THE SERVICE IS AT YOUR SOLE RISK. THE SITE, THE SERVICE, AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, SMART MEDIA AND ITS AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, THE "SMART MEDIA PARTIES") EXPRESSLY DISCLAIM 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.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SMART MEDIA PARTIES MAKE NO WARRANTY THAT (I) THE SITE AND THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SITE AND THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR FREE OF VIRUSES OR BUGS, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE AND SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE AND SERVICE WILL BE CORRECTED. ANY MATERIAL, CONTENT, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED AND/OR USED THROUGH THE SITE AND/OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, CONTENT OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SMART MEDIA PARTIES OR ON OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
AS APPLICABLE, ALL MATERIALS AND OTHER PRODUCTS, SERVICES, OR CONTENT PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND/OR SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SMART MEDIA PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES, WITH RESPECT TO THE MATERIALS, AND ANY OTHER PRODUCTS, SERVICES AND CONTENT AVAILABLE OR PURCHASED ON OR THROUGH THE SITE OR THE SERVICE.
THE SMART MEDIA PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICE, INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) AS A RESELLER OF ANY MATERIALS, PRODUCTS, SERVICES, OR OTHER CONTENT, (III) FOR ANY DEFECTIVE MATERIALS, PRODUCTS, SERVICES, OR OTHER CONTENT, (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY USER OR ANY OTHER THIRD PARTY ON THE SITE OR SERVICE, OR (VII) FOR ANY OTHER MATTER RELATING TO THIS SITE, THE SERVICE, OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE MATERIALS, PRODUCTS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SMART MEDIA AND YOU. THE MATERIALS, PRODUCTS, SERVICES, AND OTHER CONTENT AND INFORMATION OFFERED ON AND THROUGH THE SITE AND/OR THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE SMART MEDIA PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO ONE (1) DOLLAR.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
IF ANY LAW IMPLIES ANY CONDITION OR WARRANTY THAT CANNOT BE EXCLUDED, THEN TO THE EXTENT PERMITTED BY LAW, THE LIABILITY OF THE SMART MEDIA PARTIES FOR ANY BREACH OF SUCH A CONDITION OR WARRANTY IS LIMITED TO, AT THE SMART MEDIA PARTIES’ OPTION: (A) IF THE BREACH RELATES TO A PRODUCT, THE REPAIR OR REPLACEMENT OF THE PRODUCT OR THE SUPPLY OF AN EQUIVALENT PRODUCT; (B) IF THE BREACH RELATES TO SERVICES, THE SUPPLY OF THE SERVICES AGAIN; (C) PAYMENT OF THE COST OF DOING THE ACTS IN (A) OR (B); OR (D) ANY OTHER REMEDY PRESCRIBED BY LAW.
VII. Indemnification
You agree to indemnify, defend and hold harmless the Smart Media Parties against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys’ fees, resulting or arising from or relating to your use the Site or Service, your conduct on the Site, your use of the Materials, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Site or the Service, your breach of this Agreement, your infringement or violation of any rights of another, or termination of your access to the Site or the Service.
VIII. Site Usage; Termination of Usage
As noted herein, you will need to register on this Site in order to take advantage of certain features of this Site, including subscribing to the Service. If you provide information on this Site and/or subscribe to the Service, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Site or the Service, and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate, outdated or incomplete, or if Smart Media has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, Smart Media has the right to suspend or terminate your account and prohibit any and all current or future use of the Site, the Service, or any portion thereof, by you.
You will create a username and password while completing the account registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Smart Media of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Smart Media Parties cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You agree to use this Site and the Service only for lawful purposes, and that you are responsible for your use of and communications on the Site and/or via the Service, which must comply with Section IX below. You agree not to post on or transmit through this Site or the Service any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Site or the Service in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Site or the Service.
Smart Media makes no representation that Materials contained on the Site or the Service, or the products described or offered on the Site or Service, are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Visitors who use the Site and/or the Service and reside outside the United States do so on their own initiative and risk and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access this Site or the Service from any territory where its contents are illegal, and that you, and not the Smart Media Parties, are responsible for compliance with applicable local laws.
This Agreement is effective unless and until terminated by either you or Smart Media. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site and the Service (as applicable). Smart Media also may terminate or suspend this Agreement, at any time, without notice, and accordingly deny you access to the Site and/or the Service, if in Smart Media’ sole discretion you fail to comply with any term or provision of this Agreement or your use is harmful to the interests of another user or the Smart Media Parties. You agree that Smart Media may terminate or suspend your access to all or part of this Site and/or the Service, without notice, for any conduct that Smart Media, in its sole discretion, believes is in violation of this Agreement or any applicable law or is harmful to the interests of another user or Smart Media Parties.
Smart Media reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, the Service, or any part thereof, with or without notice. Except as otherwise expressly stated in this Agreement, you agree that the Smart Media Parties shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Site and/or the Service.
Sections II, IV-IX, and X-XVI shall survive any termination of this Agreement.
IX. Copyright Policy
We respect the intellectual property rights of others and require the Site and Service users do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to Smart Media’ Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)(2), named below:
(a) A physical signature of the person authorized to act on behalf of the owner of the copyright;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Service
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Copyright Agent: copyrights@smarttv.com
X. Geographic Limits of Service
Smart Media reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Site and/or Service to any person, geographic area, or jurisdiction we so desire. This Site and the Service are subject to United States export controls, and may not be used, downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Site or Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in these Terms of Service and Website Terms of Use and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (October 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14, and any amendments thereto, as applicable.
XI. Applicable Law; Jurisdiction; Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the State of Calfiornia in the United States, without regard to its choice of law provisions. You agree to submit to personal jurisdiction in the State of Calfiornia and further agree that any cause of action arising from or relating to the use of this Site, the Service, or this Agreement shall be brought exclusively in the Federal or State Courts residing in Los Angeles County.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND SMART MEDIA HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING OR LITIGATION BROUGHT AGAINST THE OTHER WITH RESPECT TO THIS AGREEMENT OR THE SITE OR THE SERVICE. IN ADDITION, NEITHER YOU NOR SMART MEDIA SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER SITE OR SERVICE USERS, OR LITIGATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
XII. Severability; Interpretation
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Agreement, the term “including” shall be deemed to be followed by the words “without limitation.”
XIII. Entire Agreement
This Agreement constitutes the entire and only Agreement between Smart Media and each user of this Site and the Service with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.
XIV. Miscellaneous
The failure of the Smart Media Parties to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this Site, the Service, or this Agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The “Disclaimer; Limitation of Liability” provisions of this Agreement are for the benefit of the Smart Media Parties as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
XV. Contact Information
If you have any comments or questions regarding this Agreement, or wish to report any violation of this Agreement, please contact us at support@smarttv.com We will address any issue to the best of our abilities as soon as possible.
