Smartassembly.com - Terms and Conditions of Use
These Terms and Conditions of Use (“TOU”) apply to the {smartassembly} web site
located at www.smartassembly.com (the “Site”). The Site is the property of
Cachupa. It is administrated and operated by Cachupa. By using the Site, you
agree to the TOU described below. The services that Cachupa provides to you are
subject to these TOU. If you do not agree to the TOU, do not access or use the
Site
Acceptance of Terms.
These TOU govern your use of the Site and all services provided to you in
connection with the Site. If you do not agree to these TOU, do not register for
or access or use the Site. Cachupa may modify or update these TOU at any time
at its sole discretion, without notice to you. The most current version of the
TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at
the bottom of our Home Web page. Please check this area before using the Site
to determine whether a change has been made to these TOU. Each time you log on
to the Site, you will be deemed to have accepted any such changes, unless you
arrange to terminate your registration with the Site immediately (a) by
notifying Cachupa of your unwillingness to accept the changes to the TOU; and
(b) by discontinuing your use of the Site. Your continued use of the Site shall
be construed as, and shall constitute your acceptance of any and all changes in
the terms and conditions set forth herein.
From time to time Cachupa may supplement these TOU with additional Terms
pertaining to specific content or events ("Additional Terms"), which Additional
Terms may be placed on the Site to be viewed in connection with the specific
content or events and shall be identified as such. You understand and agree
that such Additional Terms are hereby incorporated by reference into these TOU.
Any rights not expressly granted by Cachupa herein are expressly reserved.
Privacy and protection of personal information.
When you engage in certain activities on the Site, such as ordering or
registering products or downloading software, Cachupa may ask you to provide
certain information about yourself by filling out and submitting an online
form. It is completely optional for you to engage in these activities. If you
elect to engage in these activities, however, Cachupa may require that you
provide certain personal information, such as your name, mailing address,
e-mail address, and other personal identifying information.
See the Privacy Policy disclosures
relating to the collection and use of your information.
Use of Cookies.
When you visit the Site, you may surf the site anonymously and access important
information without revealing your identity. In order to analyze and improve
the Site, we may use "cookies" to track your visit to smartassembly.com. A
cookie is a small text file that is placed on your hard disk by a Web page
server. Cookies cannot be used to run programs or deliver viruses to your
computer. Cookies are uniquely assigned to you, and can only be read by a Web
server in the domain that issued the cookie to you.
You have the ability to accept or decline cookies. Most Web browsers
automatically accept cookies, but you can usually modify your browser setting
to notify you when you receive a cookie, giving you the chance to decide
whether or not to accept it if you prefer. (For some Web pages that require an
authorization, cookies are not optional. Users choosing not to accept cookies
will not be able to access those pages.)
Notice on content available on this website.
All text, graphics, user interfaces, visual interfaces, logos, artwork and
computer code (collectively, “Content”), including but not limited to the
design, structure, “look and feel” and arrangement of such Content, contained
on the Site is owned, controlled or licensed by or to Cachupa and/or its
suppliers, and is protected by copyright laws, and various other intellectual
property rights and unfair competition laws.
Except as expressly provided in these TOU, no part of the Site and no Content
may be imitated, copied, reproduced, republished, uploaded, posted, translated,
transmitted or distributed in any way to any other computer, server, Web site
or other medium for publication or distribution or for any commercial
enterprise, without Cachupa's express prior written consent.
The documents and related graphics published on the Site could include
technical inaccuracies or typographical errors. Changes are periodically added
to the information herein. Cachupa may make improvements and/or changes in the
product(s) and/or the program(s) and/or the services described herein at any
time. Cachupa may make changes to the applicable prices for any such products
or services, at any time, without notice.
Notice specific to software available on this website.
Any software that is made available to download on the Site ("Software") is the
copyrighted work of Cachupa and/or its suppliers. Use of the Software is
governed by the terms of the end user license agreement, if any, which
accompanies or is included with the Software ("License Agreement"). An end user
will be unable to install any Software that is accompanied by or includes a
License Agreement, unless he or she first agrees to the License Agreement
terms.
The Software is made available for download solely for use by end users
according to the License Agreement. Any reproduction or redistribution of the
Software not in accordance with the License Agreement is expressly prohibited
by law, and may result in severe civil and criminal penalties. Violators will
be prosecuted to the maximum extent possible.
Without limiting the foregoing, copying or reproduction of the Software to any
other server or location for further reproduction or redistribution is
expressly prohibited.
For your convenience, Cachupa may make available as part of the services
provides on the Site tools or utilities for use and/or download. PLEASE RESPECT
THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES
MADE AVAILABLE ON THE SITE OR IN CACHUPA SOFTWARE PRODUCTS.
Legal Notice and Disclaimer.
CACHUPA DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE
SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE
CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE
SITE, THE DOWNLOADABLE FILES AND/OR SOFTWARE AND ALL THE CONTENT PUBLISHED ON
THE SITE ARE PROVIDED “AS-IS” AND “AS-AVAILABLE”, WITHOUT WARRANTY OF ANY KIND.
ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
CACHUPA CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE
WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
CACHUPA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO
THE CONTENT AND/OR DOWNLOADABLE FILES AND/OR SOFTWARE, MADE AVAILABLE FROM THE
SITE, INCLUDING ALL WARRANTIES OF ACCURACY, TITLE AND NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
CACHUPA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF
ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR
ANY CACHUPA OR SMARTASSEMBLY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR
USE OF THE SITE AND ANY LINKED SITES.
Limitation of Liability.
IN NO EVENT SHALL CACHUPA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF THE CONTENT AND/OR DOWNLOADABLE FILES
AVAILABLE ON THE SITE, THE USE OR THE INABILITY TO USE THE SITE OR FOR THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, USE, DATA, OPPORTUNITIES, OR OTHER INTANGIBLES, WHETHER IN AN ACTION
OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF CACHUPA HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Member account, password, and security.
Although portions of Cachupa's site may be viewed simply by visiting the Site,
in order to access the e-commerce site and/or receive additional services from
Cachupa you may need to open an account (including setup of username and
password) or register as a member of the Site. To open an account, you must
complete the registration process by providing us with current, complete and
accurate information as prompted by the applicable registration form. You are
entirely responsible for maintaining the confidentiality of your password and
account. Furthermore, you are entirely responsible for any and all activities
that occur under your account. You agree to notify Cachupa immediately of any
unauthorized use of your account or any other breach of security. Cachupa will
not be liable for any loss that you may incur as a result of someone else using
your password or account, either with or without your knowledge. However, you
could be held liable for losses incurred by Cachupa or another party due to
someone else using your account or password. You may not use anyone else's
account at any time, without the express permission and consent of the account
holder.
Your use of the Site
You may not access, acquire, copy or monitor any portion of the Site or any
Content, or in any way reproduce or circumvent the navigational structure or
presentation of the Site or any Content, to obtain or attempt to obtain any
materials, documents or information through any means not intentionally made
available through the Site.
You may not attempt to gain unauthorized access to any portion or feature of
the Site, or any other systems or networks connected to the Site or to any
Cachupa server, or to any of the services offered on or through the Site, by
hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network
connected to the Site, nor breach the security or authentication measures on
the Site or any network connected to the Site. You may not reverse look-up,
trace or seek to trace any information on any other user of or visitor to the
Site, or any other customer of Cachupa, including any Cachupa or
{smartassembly} account not owned by you, to its source, or exploit the Site or
any service or information made available or offered by or through the Site, in
any way where the purpose is to reveal any information, including but not
limited to personal identification or information, other than your own
information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of the Site or Cachupa's
systems or networks, or any systems or networks connected to the Site or to
Cachupa.
You agree not to use any device, software or routine to interfere or attempt to
interfere with the proper working of the Site or any transaction being
conducted on the Site, or with any other person's use of the Site.
You may not use the Site or its related services in any manner that could
damage, disable, or impair any Cachupa server, or the network(s) connected to
any Cachupa server, or interfere with any other party's use and enjoyment of
the Site and its related services.
You may not forge headers or otherwise manipulate identifiers in order to
disguise the origin of any message or transmittal you send to Cachupa on or
through the Site or any service offered on or through the Site. You may not
pretend that you are, or that you represent, someone else, or impersonate any
other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or
prohibited by these TOU, or to solicit the performance of any illegal activity
or other activity which infringes the rights of Cachupa or others.
Additionally, by using the Site, you acknowledge and agree that Internet
transmissions are never completely private or secure. You understand that any
message or information you send to the Site may be read or intercepted by
others, even if there is a special notice that a particular transmission (for
example, credit card information) is encrypted.
Cachupa reserves the right at all times to disclose any information as Cachupa
deems 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 Cachupa's sole discretion.
Violation of these TOU.
If Cachupa does take any legal action against you as a result of your violation
of these TOU, Cachupa will be entitled to recover from you, and you agree to
pay, all reasonable attorneys' fees and costs of such action, in addition to
any other relief granted to Cachupa. You agree that Cachupa will not be liable
to you or to any third party for termination of your access to the Site as a
result of any violation of these TOU.
Miscellaneous
If any of the provisions of these TOU are held by a court or other tribunal of
competent jurisdiction to be void or unenforceable, such provisions shall be
limited or eliminated to the minimum extent necessary and replaced with a valid
provision that best embodies the intent of these TOU, so that these TOU shall
remain in full force and effect.
You agree that all matters relating to your access to or use of the Site,
including all disputes, will be governed by the laws of Cabo Verde. You agree
to the personal jurisdiction by and venue in the Conselho do Sal, Cabo Verde,
and waive any objection to such jurisdiction and venue.
Feedback and Information.
Any feedback you provide at this site shall be deemed to be non-confidential.
Cachupa shall be free to use such information on an unrestricted basis.
Unsolicited Idea submission policy.
Cachupa or any of its employees do not accept or consider unsolicited ideas,
including ideas for advertising campaigns, promotions, new products or
technologies, processes, marketing plans or product names. Please do not send
your unsolicited ideas to Cachupa or anyone at Cachupa. If despite our request
that you not send us ideas and materials, you still send them, please
understand that Cachupa makes no assurances that your ideas and material will
be treated as confidential or proprietary.
Links to Third Party Sites.
The links to third parties which may be contained within this
Site will allow you to leave the Site. The sites that are linked to
smartassembly's site are not under the control of Cachupa. Cachupa is not, and
shall not be, held responsible for the contents, in any way or form, of any
linked site or of any link contained in a linked site, or any changes or
updates to such sites. Cachupa provides these links only as a convenience to
you, the user of the website; and the inclusion of any link does not imply
endorsement by Cachupa of the linked site.
Copyright notice.
Copyright © 2005-2008 Cachupa, CP 02, 4111 Santa Maria, Ilha do Sal, Cabo Verde.
All rights reserved.
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