Terms of service.

TERMS OF SERVICE AGREEMENT

This Terms of Service Agreement ("Agreement") is entered into between Smith & Hopkins LLC ("Company") and the user ("User") accessing or using the services provided by the Company. By accessing or using the services, the User agrees to be bound by this Agreement and all applicable laws and regulations. If the User disagrees with any part of this Agreement, they should not access or use the services.

1. Definitions

1.1 "Services" refers to the products, features, and functionalities provided by the Company through its website, applications, or other means.
1.2 "User Data" includes any data, information, or materials provided, submitted, or uploaded by the User in connection with the use of the Services.

2. Use of Services

2.1 Eligibility: The User represents and warrants that they are at least 18 years old or of legal age in their jurisdiction to form a binding legal agreement. The User also agrees to provide accurate and complete information when accessing or using the Services.
2.2 License: Subject to the terms and conditions of this Agreement, the Company grants the User a non-exclusive, non-transferable, revocable license to access and use the Services solely for their personal or business purposes.
2.3 Prohibited Activities: The User agrees not to engage in any of the following activities while accessing or using the Services:

  • Violating any applicable law, regulation, or third-party rights.

  • Accessing, tampering with, or using non-public areas of the Services.

  • Interfering with or disrupting the Services or servers, networks, or infrastructure supporting the Services.

  • Attempting to bypass, disable, or impair any security measures or authentication systems.

  • Uploading or transmitting any viruses, malware, or malicious code.

3. User Data

3.1 Ownership: The User retains all ownership rights in their User Data. By providing, submitting, or uploading User Data, the User grants the Company a worldwide, non-exclusive, royalty-free, and transferable license to use, modify, reproduce, distribute, and display such User Data as necessary for the provision of the Services.
3.2 Privacy: The Company is committed to safeguarding the privacy of User Data. Please refer to our Privacy Policy for details on how User Data is collected, used, and protected.

4. Intellectual Property

4.1 Company Property: All trademarks, logos, service marks, artwork, and other intellectual property associated with the Company are the sole property of the Company and may not be used without explicit permission.
4.2 User Content: Any content, including feedback, suggestions, or ideas, provided by the User to the Company may be used, modified, adapted, and displayed by the Company without any obligation or compensation.

5. Limitation of Liability

5.1 Disclaimer: The Services are provided on an "as is" and "as available" basis without any warranties, whether expressed or implied. The Company does not guarantee the accuracy, reliability, or suitability of the Services for any purpose.
5.2 Indemnification: The User agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and affiliates from any claims, losses, damages, liabilities, costs, or expenses arising out of or related to the User's access or use of the Services, violation of this Agreement, or infringement of any third-party rights.

6. Termination

6.1 Termination by User: The User may terminate this Agreement by ceasing to access or use the Services and deleting their account, if applicable.
6.2 Termination by Company: The Company may terminate this Agreement and the User's access to the Services at any time, with or without cause, by providing notice to the User.

7. Governing Law

7.1 This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction where the Company is located, without regard to its conflict of law provisions.

8. Miscellaneous

8.1 Entire Agreement: This Agreement constitutes the entire agreement between the User and the Company regarding the use of the Services and supersedes all prior or contemporaneous understandings.
8.2 Modifications: The Company reserves the right to modify or update this Agreement at any time. The User is responsible for reviewing this Agreement regularly to stay informed of any changes.
8.3 Severability: If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions shall continue in full force and effect.
By accessing or using the Services, the User acknowledges that they have read, understood, and agreed to be bound by this Terms of Service Agreement.