Terms & Conditions

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of Smith’s website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Ascentium Corporation dba Smith (“Smith”, “we”, “us” or “our”). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and Smith, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

In addition to this Agreement, usage of Smith’s Website is governed by Smith’s Privacy Policy and Cookie Policy.

• Accounts and membership

  If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

• Links to other resources

  Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.

• Intellectual property rights

  “Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Smith or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Smith. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of Smith or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of Smith or third-party trademarks.

• Limitation of Liability

  Smith does not accept any liability arising from any errors, omissions, interruptions or delays or any ongoing obligation or responsibility to operate our Website or to provide the Services offered on our Website. The specification of this site may vary from time to time without notice.

  You acknowledge and agree that except as specified herein, no representations, warranties or promises of any kind have been made to you by Smith regarding the use of the Website or Services.

  Neither Smith, nor its licensors, representatives, affiliates, employees, shareholders or directors shall be cumulatively responsible or liable for any damages of any kind including, without limitation, lost business, profits or data (or the cost to recreate such data), direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from your access to or use of the Website, or the Services, or any content or other materials on, accessed through or downloaded from the Website. Any reliance placed on the Smith content will be at your sole responsibility and risk.

  Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you.

• Disclaimer of Warranty

  We disclaim all implied warranties with regard to the information, content, Services and materials contained on this Website. All such information, content, Services and materials are provided “as is” and “as available” without warranty of any kind. Smith is not responsible for any errors or omissions, or for the results obtained from the use of this information. The data, insights and information herein does not contain any form of advice, recommendation or arrangement and is not intended to be relied upon by Users in making any specific investments or other decisions. Smith reserves the right to make changes to the Website at any time and without notice. We are not liable for any damages caused by the information or materials that may be downloaded from the Website. Any reliance placed on the Website and/or Services will be at your sole responsibility and risk.

  Smith does not warrant that access to the Website or its Services will be uninterrupted or error-free, that defects will be corrected, or that this Website or the servers that make it available are free of viruses or other harmful components. Smith does not warrant or make any representations regarding the use or the results of the use of any Services on the Website in terms of use of its correctness, accuracy, reliability, or otherwise. Accordingly, you acknowledge that your use of the Website is at your own risk.

  Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you.

• Indemnification

  You agree to defend, indemnify and hold Smith harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of our Website.

• Changes and amendments

  We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.

• Acceptance of these terms

  You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

• Contacting us

  If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the Contact Us form.

This document was last updated on April 8, 2021.