Terms Of Use

Please read the terms and conditions of use carefully before using this web site. By using this web site, you the user are agreeing to comply with and be bound by the following terms of use. After reviewing the following terms and conditions thoroughly, if you do not agree to the terms and conditions, please do not use this site.

  1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms of Use Agreement (“agreement”) with respect to the Smith Brothers Web Portal (the “Site”). This agreement constitutes the entire and only agreement between Smith Brothers and you, and supersedes all prior agreements with respect to the Site. Smith Brothers reserves the right to amend this agreement at any time without specific notice.
  2. Use of Copyrighted Materials. All Smith Brothers logos, trademarks, graphics, artwork, product photography, and other materials remain the sole and exclusive property of Smith Brothers of Berne, Inc. As a condition of your use of the Site, you agree not to use these resources for any unauthorized purposes, including:
    1. Distribution or sale of materials to outside parties,
    2. Modification of materials in a way that misrepresents the Smith Brothers brand or product line, or
    3. Any use of materials in a manner that could damage, impair, or interfere with the Smith Brothers brand or business operations.
  3. Unlawful or Prohibited Use. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for by the Site.
  4. Links to Third Party Sites. This site may contain links to other web sites (“Linked Sites”). Linked Sites are not under the control of Smith Brothers of Berne, Inc., and we are not responsible or the contents of any Linked Site. Smith Brothers provides these links only as a convenience, and the inclusion of any link does not imply endorsement by Smith Brothers of the site or any association with its operators.
  5. Use of Communication Services. The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
    1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
    2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
    3. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
    4. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
    5. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
    6. Conduct or forward surveys, contests, pyramid schemes or chain letters;
    7. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
    8. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
    9. Restrict or inhibit any other user from using and enjoying the Communication Services;
    10. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
    11. Harvest or otherwise collect information about others, including e-mail addresses, without their consent;
    12. Violate any applicable laws or regulations.
    Smith Brothers of Berne, Inc. has no obligation to monitor the Communication Services. However, Smith Brothers of Berne, Inc. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Smith Brothers of Berne, Inc. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason.

    Smith Brothers of Berne, Inc. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Smith Brothers of Berne, Inc.'s sole discretion.

    Always use caution when giving out any personally identifying information in any Communication Service. Smith Brothers of Berne, Inc. does not control or endorse the content, messages or information found in any Communication Service and, therefore, Smith Brothers of Berne, Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

    Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
  6. Materials Provided to the Site. Smith Brothers of Berne, Inc. does not claim ownership of the materials you provide, post, upload, input or submit to the Site (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Smith Brothers of Berne, Inc., its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

    No compensation will be paid with respect to the use of your Submission, as provided herein. Smith Brothers is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at our sole discretion.

    By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
  7. Liability Disclaimer. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SMITH BROTHERS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

    SMITH BROTHERS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SMITH BROTHERS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMITH BROTHERS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SMITH BROTHERS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
  8. Termination/Restriction of Access. Smith Brothers of Berne, Inc. reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
  9. General. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Indiana, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Adams County, Indiana, U.S.A. in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Smith Brothers of Berne, Inc. as a result of this agreement or use of the Site. Smith Brothers of Berne, Inc.'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Smith Brothers of Berne, Inc.'s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Smith Brothers Web Portal or information provided to or gathered by Smith Brothers of Berne, Inc. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Smith Brothers of Berne, Inc. with respect to the Smith Brothers Web Portal and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Smith Brothers of Berne, Inc. with respect to the Smith Brothers Web Portal. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

All contents of the Smith Brothers Web Portal are copyright © Smith Brothers of Berne, Inc. All rights reserved.