Throughout the SmartLinx website (“Website”), SmartLinx Solutions LLC may provide you with access to various user-generated and other content and interactive resources (Collectively, “Services”). This Privacy Policy sets forth our policies with respect to information including personally identifiable information (“Personal Information”) and other information that is collected from you when using the Website. Unless otherwise stated in this Privacy Policy, this policy shall be deemed to apply to us.

Privacy Policy

Information Collected – When you interact with us through the Website, we may collect Personal Information from you, as further described below.

Personal Information Submitted Through the Website –We may collect Personal Information from you when you voluntarily choose to provide such information when, for example, you contact us for inquiries, respond to a survey, register for access to support services or use other services which may be offered on the Website. By voluntarily providing us with Personal Information, you are consenting to use of it in accordance with this Privacy Policy. If you provide Personal Information to the Website, you acknowledge and agree that such Personal Information may be transferred from your current location to offices and/or servers of u and/or our service providers, and either of our affiliates and contractors located in the United States and other countries.

Other Information –When you utilize the Website, we may receive personally non-identifiable information about your use of the Website. We may store such information ourselves or it may be included in databases owned and maintained by our affiliates, agents or other service providers. We may use such information and gather it with other information to, among other uses, track the total number of visitors to the Website as well as the domain names of visitors.

We also may collect and/or log specific website visitor information, including, but not limited to, browser type visitors utilize, IP addresses, timestamp and cookie information. All this data is collected through the use of, but not limited to, log files, cookies and web beacon technologies.

The Website does not currently respond to “do not track” browser headers. You can limit such tracking by erasing cookies from your computer and setting your computer to block all cookies or warn you before a cookie is stored.

The may be circumstances where, if you voluntarily choose to submit Personal Information to SmartLinx through the Website, we may be able to combine that Personal Information with previously non-identifiable data our use of the Website to provide you with tailored information to meet your specific needs or to offer you goods and/or services for which you may have shown an interest.

SmartLinx may also, in an effort to better understand and serve all our customers and potential customers, conduct research on user demographics and interests based upon Personal Information and other data provided to us. This research may be compiled and analyzed on an aggregate basis. We may also share this information, without identifying you personally, with our affiliates, agents, service providers and business partners.

Use of Your Personal Information – We will use the Personal Information and any other information you provide in a manner consistent with this Privacy Policy. If you provide Personal Information for a certain reason, we my use the Personal Information in connection with the reason for which it was provided. If you contact SmartLinx by email, we will use the Personal Information you provide to respond to your query and/or work to resolve a problem you may have identified. If you are providing Personal Information in order to access services which may be offered through the Website we will use your Personal Information to provide access to such services as well as to monitor your use of those services. We may also use your Personal Information and other non-identifiable information collected through the Website to assist us in improving the content and/or functionality of the Website as well as better understanding the users of the Website. We may also use this information to contact you to inform you about products and/or services we believe might be of interest to you. In those instances where we may contact you, we will give you the opportunity to “opt-out” from receiving further such communications.

Disclosure of Personal Information –There are certain circumstances where we may share your Personal Information with certain third parties without further notice to you, including, but not limited to, the following:

Transfers of our business: SmartLinx might, in the future, buy or sell businesses or assets. In the event of a sale, merger, reorganization, dissolution or any similar event relating to all or a portion of SmartLinx’ business, assets or this Website. Personal Information may be part of the transferred assets.

Service Providers, Agents and Affiliates: We occasionally hire other businesses to perform certain business related functions. When we employ another business to perform such functions, we may need to provide them with access to Personal Information. However, we will only provide them with the information that they require to perform their function.

Legal Requirements: We may also disclose your Personal Information if required to do so either by la or in the good faith belief that such an action is necessary to i) comply with a legal obligation, ii) protect and defend our rights and/or property, iii) actin urgent circumstances to protect the personal safety of users of the Website or the general public, or iv) protect against legal liability.

Choice: –You can use the Website without providing Personal Information, however you might not be able to use certain services provided on the Website.

Exclusions: –This Privacy Policy will not apply to any unsolicited information you provide to us through the Website or through any other means. This includes, but is not limited to, information posted to any public areas of the Website, any ideas for new products or modifications to our existing products and/or services, and other unsolicited submissions (collectively, “Unsolicited Information”). All such Unsolicited Information shall be deemed to be non-confidential and we shall be free to reproduce, use, disclose and distribute such Unsolicited Information to others without limitation or attribution. Any Personal Information or other information that you provide to be displayed in your publicly available online profile, if one exists, will be displayed for others to see and thus will not be subject to the terms of this Privacy Policy. We cannot, and will not, be responsible for what third parties do with any Personal Information or other information that you choose to make publicly available.

Minors: –We do not knowingly collect Personal Information from children under the age of 13. If you are under thirteen, please do not submit any Personal Information through the Website. If you have reason to believe that a child under the age of 13 has provided Personal Information to us through this Website please contact us, and we will make all efforts to delete that information from our databases.

Links: –This Privacy Policy only applies to this Website. The Website may have links or references to other websites not operated or controlled by SmartLinx. The policies and procedures we have described in this Privacy Policy do not apply to those websites.

Security: –SmartLinx takes commercially reasonable steps to protect all Personal Information provided via the Website from loss, misuse, unauthorized access, disclosure, alteration and/or destruction. However, no internet or email transmission is ever fully secure. Accordingly, you should take all care in deciding what information you send to us via email. Also please keep this in mind when disclosing any Personal Information to us via the internet.

Privacy Policy Changes: –The Website may change occasionally. Accordingly, at times it may be necessary to SmartLinx to make changes to this Privacy Policy. We reserve the right to update or modify this Privacy Policy at any time without prior notice. Please review tis Privacy Policy periodically, particularly before providing any Personal Information. Your continued use of the Website after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of the revised Privacy Policy.

Contacting SmartLinx about the Privacy Policy: –If you have any questions about this Privacy Policy, our information practices or the handling of your personal information please contact us at privacy@smartlinxsolutions.com.

Terms of Use

Your use of the Website is subject to certain terms and conditions. The terms and conditions (“Terms of Use”) and the Privacy Policy apply to your use of the Website.

Acceptance of Terms: –By accessing and using the Website you acknowledge that you have red, understood and agree to be bound by these Terms of Use and the Privacy Policy referenced herein. If you do not accept these Terms of Use and Privacy Policy you are not authorized to use the Website. We make modifications to the foregoing from time to time and such modifications will be effective upon posting to the Website. Your continued use of the Website after any modifications to these Terms of Use shall indicate your agreement with such modified terms.

Additional Terms: –Some portions of the Website may have additional rules, guidelines or terms posted. If there is a conflict between these Terms of Use and the rules, guidelines or terms posted for a particular area of the Website, the latter will prevail regarding your use of that area of the Website.

Service Providers: –Certain service of the Website are provided in conjunction with providers, business partners and other parties (collectively, “Service Providers”)

Site Content: –The Website contains, or may contain, material, such as software, text, graphics, images, video, audio and other material (collectively, “Content”). Content may be owned by SmartLinx or may be provided through an arrangement we may have with others, including, but not limited to, other user of the Website, the Service Providers and their affiliates, sponsors and partners. The Content may be protected by copyright and may not be modified or altered in any way. Unauthorized use of the Content may violate copyright, trademark and other laws. You have no rights in or to the Content, and you may not use the Content except as specifically provided in the Terms of Use. No other use is permitted without prior written consent from SmartLinx or the owner of the Content. If you violate any part of these Terms of Use, your permission to access and/or use the Content and the Website automatically terminates.

Permitted Use: –The Website s for personal use only and may not be used in connection with any commercial endeavors except those that are specifically approved by SmartLinx or the Service Providers. The following activities are expressly prohibited: i) collecting usernames and/or email addresses of other users by electronic or other means for the purposes of sending unsolicited email or other communications, ii) any use of the Website, which in our or the Service Providers sole judgment, degrades the reliability, speed or operation of the Website or any underlying hardware or software thereof, and iii) any use of the Website which is unlawful or in violation of these Terms of Use.

You may not access or utilize the Website in any manner that could damage, disable, overburden or impair any SmartLinx accounts, computer systems or networks. You may not attempt to gin unauthorized access to any parts of the Website or any SmartLinx accounts, computer systems or networks.

You may not access, download, use or export the Website, or the Content provided on the Website, in violation of any laws or regulations.

Use of the Website is subject to termination at any time in our or the Service Providers sole discretion.

Password Protection: –Access to, and use of, any password protected areas of the Website is restricted to authorized users only and you may not share any passwords, account information and/or access to the Website. You are responsible for maintaining the confidentiality of your passwords and account information. You are also responsible for all activities that occur under your passwords or accounts or as a result of your access to the Website. You agree to notify SmartLinx immediately of any unauthorized use of your passwords or accounts.

Indemnification

Contacting SmartLinx about the Privacy Policy: –You agree to defend, indemnify and hold us and the Service Providers harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your uploading of, access to, or use or misuse of the Content or the Website. SmartLinx or the Service Providers shall provide notice to you of any such claim or suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

Disclaimer of Warranty and Limitation of Liability

WE, OUR AFFILIATES, SERVICE PROVIDERS AND OUR RESPECTIVE OFFICERS, DIRECCTORS, EMPLOYEES, AGENTS, SUPPLIERS AND/OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING, BUT NOT LIMITED TO, ITS ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. NEITHER WE NOR THE SERVICE PROVIDERS SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEBSITE AND THE CONTENT AT YOUR OWN RISK. NEOTHER WE NOR THE SERVICE PROVIDERS WARRANT THAT THE WEBSITE WILL OPERATE ERROR FREE OR THAT THIS WEBSITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE AND OUR SERVICCE PROVIDER HEREBY DISCLAIM ALL WRRANTIES, INCLUDING BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. IN NO EVENT SHALL WE OR THE SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND CONTENT, WHETHER BASED ON WRRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, OUR AND THE SERVICE PROVIDERS LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

General

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us and the Service Providers without restriction. These Terms of Use are governed by the laws of the State of New Jersey, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New Jersey.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. Failure by us or the Service Providers to act on or enforce any provision of the Terms of Use shall not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver shall be effective against us or the Service Providers unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.

Except as expressly granted by us and you, these Terms of Use constitute the entire agreement between you and us with respect to the subject matter hereof, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to such subject matter. The section headings are provided merely for convenience and shall not be given any legal import. There Terms of Use will inure to the benefit of our successors, assigns, licensees and sublicensees.