Effective Date: February 1, 2019
- Ownership of the Site; Intellectual PropertyOur Site contains text, software, images, photographs, graphics, audio, video, applications, user interfaces, visual interfaces, logos, designs, product names, and technical specifications (“Content”) which are provided or derived in whole or in part from information and materials supplied by us and other sources, and are protected by copyright, trademark, patent, and other applicable laws. The entire content of our Site is copyrighted as a collective work under United States copyright laws, and are protected by other laws in the United States and in other countries. Trademarks, logos, and service marks displayed on our Sites are registered and/or unregistered trademarks of SSC, its licensors or content providers, or other third parties. As between you and us, you acknowledge that SSC is the exclusive owner of the Site and its Content, and that the Site is the proprietary intellectual property of SSC. Any unauthorized use of our intellectual property, including our marks, our Content and other copyrighted material, and our trade dress, is strictly prohibited and may be prosecuted to the fullest extent of the law.
- Restrictions on Your Use of the SiteBy using and accessing our Site, you acknowledge and agree that you must NOT:
- use our Site for any purpose that victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, or use our Site to harm or exploit minors in any way;
- engage in any activity or use any device, software, or routine that interferes with or disrupts our Site (or the servers and networks which are connected to our Site), or a user’s access to our Site, or our Site’ operations, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature, or by injecting content or code or otherwise alter or interfere with the way any part of our Site is rendered or displayed in a user’s browser or device;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of our Site;
- impersonate any person or entity, including any employee or representative of us or otherwise misrepresent your affiliation with a person or entity;
- frame or otherwise simulate the appearance or functions of the Site or any portion thereof;
- modify, copy, sell, resell, rent, lease, loan, sublicense, redistribute, or create any derivative work of, any portion of our Site, including any Site included on our Site;
- use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on our Site, deep-link to any feature or content on our Site, bypass, circumvent, disable or otherwise interfere with our robot exclusion headers or other measures we may use to prevent or restrict access to our Site or copying of any Content or enforce limitations on use of our Site and the Content on our Site;
- use the information in the Site to create or sell similar services;
- publish, access (or attempt to access), collect or store personal data about other users without permission; and
- use our Site for any purpose that constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, any other form of unauthorized solicitation or any form of lottery or gambling.
- Notice and Procedure for Making Claims of Copyright InfringementWe respect the intellectual property rights of others. If you believe that any Content of our Site may infringe your copyrights or other intellectual property rights, please provide SSC the written information specified below. Please note that this procedure is exclusively for notifying SSC if you believe that your intellectual property rights have been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
- A description of the intellectual property right that you claim has been infringed;
- A description of where the material that you claim is infringing is located on our Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.
SSC’s recipient for notice of claims of copyright infringement or other intellectual property infringement on our Site can be reached as follows:
Stay Smart Care LLC
Attn: Alan Young
941 West Morse Blvd. #100
Winter Park, FL 32789
- Disclaimer of WarrantiesYOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS CONTAINED IN OR ON, ACCESSED VIA, OR DESCRIBED ON THE SITE, IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SSC MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES IN OR ON OR ACCESSED VIA THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, SSC DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR OTHER INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT, AND SSC IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SITE OR CONTENT OR INFORMATION CONTAINED ON OR ACCESSED VIA THE SITE. PLEASE BE AWARE THAT INTERNET DATA TRANSMISSION IS NOT ALWAYS SECURE AND WE CANNOT WARRANT OR GUARANTEE THAT INFORMATION YOU TRANSMIT UTILIZING THE SITE IS SECURE. SSC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. ALL USE OF THE SITE IS AT YOUR OWN RISK.
- Exclusions and LimitationsTO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL SSC OR ITS AFFILIATES, OR ITS OR THEIR MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AGENTS OR REPRESENTATIVES OF SSC OR ITS AFFILIATES (COLLECTIVELY, THE “SSC PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SITE OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SITE AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.IN THE EVENT THE SSC PARTIES ARE NONETHELESS HELD LIABLE TO YOU FOR ANY DAMAGES, THEN SUCH DAMAGES SHALL BE CAPPED AT THE GREATER OF: (I) THE FEES PAID BY YOU TO SSC TO ACCESS OR USE THE SITE (IF ANY) OR (II) US$500.00.IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO HAVE INTERNET CONNECTION TO ACCESS THE SITE VIA THE INTERNET AND THAT SSC WILL NOT BE LIABLE TO YOU IF YOU ARE UNABLE TO ACCESS THE SITE DUE TO ANY POWER OR INTERNET DATA CONNECTION FAILURE.
- Release and Indemnification
- 13.1 Release. You agree to release the SSC Parties (as defined above) from any and all liability and obligations whatsoever in connection with or arising from your use of the Site. If at any time you are not satisfied with the Site or object to any Content or other material within or on the Site, your sole and exclusive remedy is to immediately stop using and accessing the Site.
- 13.3 Release by California Residents. IF YOU ARE A CALIFORNIA RESIDENT OR COULD OTHERWISE CLAIM THE PROTECTIONS OF CALIFORNIA LAW, YOU FURTHER EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS YOU MAY HAVE AGAINST SSC.
- 17.9 No Third Party Beneficiaries. Nothing in this Agreement will confer upon any person, other than the parties, any rights, remedies, obligations, or liabilities whatsoever.
Attn: Alan Young
941 West Morse Blvd. #100
Winter Park, FL 32789