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Terms of Use

1. You Agree to These Terms by Using this Website

Your access to, and use of, the SMSVS website (the “Site”) is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use. If you do not agree and accept, without limitation or qualification, these Terms of Use, please exit the Site.

 

2. Ownership of Content

The Site and all of its contents including, but not limited to, all text and images (“Content”) are owned and copyrighted by SMSVS or others with all rights reserved unless otherwise noted. Any Content that is a trademark, logo, or service mark is also a registered or unregistered trademark of SMSVS or others. Your use of any Content, except as provided in these Terms of Use, without the written permission of the Content owner is strictly prohibited. You are also advised that SMSVS will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

 

3. Your Use of the Site

SMSVS grants you permission to use the Site as follows:

  1. With the exception of images of people or places that are located outside of the “Newsroom” section of the Site, you may download Content, but only for noncommercial, personal use and provided that you also retain all copyright and other proprietary notices contained on the Content.

  2. You may not use images of people or places that are located outside of the “Newsroom” section of the Site without SMSVS's written permission.

  3. Content within the “Newsroom” section of the Site may be reproduced solely for editorial purposes in daily newspapers, general circulation news magazines, trade publications and broadcast media.

  4. You may not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without SMSVS's written permission.

  5. You are prohibited from using the Site to post, upload, modify, publish, host, store, update or transmit:

 

(i) any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic,  invasive of privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or promoting enmity between different groups, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law – SMSVS will fully cooperate with any law enforcement authorities or any court order requesting or directing SMSVS to disclose the identity of anyone posting or transmitting any such information or materials; and you are prohibited from using the Site to advertise or perform any commercial solicitation.

(ii) information that belongs to another person and to which the user does not have any right.

(iii) information that is harmful to a child.

(iv) information that infringes any patent, trademark, copyright or other proprietary rights.

(v) information that deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature.

(vi) information that impersonates another person.

(vii) information that threatens the unity, integrity, defense, security, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offense, or prevents investigation of any offense, or is insulting other nation.

(viii) information that contains software virus or any other computer code, file or program designed to interrupt, destroy, or limit the functionality of any computer resource.

 

4. Privacy

Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Site by electronic mail or otherwise will be used by SMSVS in accordance with the Site’s Privacy Policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions, or the like, will be treated as non-confidential and nonproprietary.

 

5. Disclaimer of Warranties

ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing, SMSVS neither warrants nor represents that your use of any Content will not infringe the rights of any third parties nor that the Content will be accurate, complete or up-to-date. Additionally, with reference to any discussions, chats, postings, transmissions, bulletin boards, and the like that may be on the Site, SMSVS assumes no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, objectionable, invasive of privacy, promoting of enmity, money laundering or gambling, compromise defense or security, inciting, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, contained in any such locations on the Site.

 

6. Exclusion of Liability

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER SMS VIRTUAL SOLUTIONS, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.

 

7. Links to Third Party Sites

The Site may contain links to sites owned or operated by parties other than SMSVS. Such links are provided for your convenience only. SMSVS does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, SMSVS specifically disclaims any responsibility if such sites:

  • INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS;

  • ARE INACCURATE, INCOMPLETE OR MISLEADING;

  • ARE NOT MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE;

  • DO NOT PROVIDE ADEQUATE SECURITY;

  • CONTAIN VIRUSES OR OTHER ITEMS OF A DESTRUCTIVE NATURE; OR

  • ARE LIBELOUS OR DEFAMATORY.

Neither does SMSVS endorse the content, or any products or services available, on such sites. If you establish a link to such sites or the Site, you do so at your own risk and without the permission of SMSVS.

 

8. Export Control

Software and other materials from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. SMSVS does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.

 

9. Revisions to the Terms

SMSVS may at any time, and without prior notice, revise these Terms of Use by updating this posting. You should periodically visit this page to review the current Terms of Use and your continued use of the Sites following such amendment to these Terms of Use will be signify your acknowledgement of such updated Terms of Use.

 

10. Law and Jurisdiction

These Terms of Use and your use of the Site are governed by the laws of the State of Florida, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within Broward County, Florida, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact.

 

11. Grievances

If you have any queries or grievances regarding the Terms of Use, or to report a violation of this policy, please contact: admissions@smsvirtualsolutions.com.

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Revised 09/06/2023

©Copyright 2024 SMS Virtual Solutions LLC. All rights reserved.

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