ScopraMedia Legal Disclaimer

Terms of Use (Updated June 2011)

PLEASE READ THESE TERMS OF USE CAREFULLY. These Terms of Use describe rules for visitors to this SmarTek21 website. The information contained on this site is for general guidance on matters of interest only. While we have made every attempt to ensure that the information contained on this site has been obtained from reliable sources, SmarTek21 is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information on this site is provided “as is,” with no guarantee of completeness, accuracy, or timeliness, or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability and fitness for a particular purpose. In no event will SmarTek21, or its agents or employees, be liable to you or anyone else for any decision made or action taken in reliance on the information on this site or for any direct, consequential, special or similar damages, even if advised of the possibility of such damages.

LINKS TO OTHER WEBSITES. This website may contain links to websites not operated by SmarTek21. We provide these links for your convenience, but we do not review, control or monitor the materials on any other websites. SmarTek21 makes no representations as to the accuracy or any other aspect of information contained on other websites.

OUR COPYRIGHTS AND TRADEMARK. “SmarTek21,” along with all of our product and service names and logos, are trademarks of SmarTek21, LLC, and may not be copied, imitated or used, in whole or in part, without our prior written permission. The materials on this website belong to or are licensed to us. The materials are protected by U.S. and foreign copyright laws. You may email, download or print copies of the materials on this website, but only for your personal, noncommercial use. When you email, download or print a copy of the materials on this website, you must also include all copyright and other notices that are in the materials, including the copyright notice on the bottom of the page.

DISCLAIMER. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all resources, services and other information provided on or through the site. The site and resources are provided “as is” or “as available.” You waive, release and renounce any representations or warranties of any kind, express or implied, by us with respect to the site.

LIMITATION OF LIABILITY. We will have no liability for any direct, incidental, indirect or consequential damages (including, without limitation, loss of profit, revenue and use) arising out of or in any way connected with the site, or other materials furnished hereunder, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we have been advised of the possibility of such damages.

INDEMNIFICATION. You agree to indemnify, defend and hold harmless SmarTek21 and all employees, officers, directors and agents of SmarTek21 and any of our affiliates from and against any and all claims, suits, actions, demands or proceedings (whether threatened, asserted or filed) and all related damages, losses, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees and the cost of enforcement of this indemnity) arising out of or relating to (a) any violation or breach by you of any term of this agreement or (b) your use of the site or resources.

Privacy Policy (Updated June 2011)

SmarTek21 is committed to fair information practices and respects the privacy and security of its users. This Privacy Policy (“Policy”) describes how personal information is collected from users of the SmarTek21 website at www.SmarTek21.com (the “Site”), and how that information is used and disclosed. By using our Site, you consent to the terms of this Policy.

What Is Personal Information? Personal information is information that specifically identifies an individual, such as a customer’s name, address, telephone number, email address, credit card or other account number, and information about that individual’s activities when directly linked to that person such as information about his or her Site activities or purchases. Personal information also includes demographic information such as gender, geographic area and preferences when such information is linked to other personal information that identifies you.

Personal information does not include “aggregate” information. Aggregate information is data we collect about a group or category of products, services or customers, from which individual customer identities have been removed. In other words, information about how you use a service may be collected and combined with information about how others use the same service, but no personal information will be included in the resulting data. Likewise, information about the products or services you purchase may be collected and combined with information about the products or services purchased by others. Aggregate data helps us understand trends and customer needs so that we can better consider new products and services, and tailor existing products and services to customer desires.

Personal Information We Collect. You provide personal information to us in a number of ways when you visit our Site. For example, you provide us with personal information when you (1) contact us by email for any reason (such as to request customer service or provide us with your comments/feedback); (2) register online to access Site information or register for other services; (3) participate in any survey on the Site; or (4) purchase products or services from us. We collect your name, billing address, email address, phone number and other information in this manner.

When you visit our Site, some information may also be automatically collected, such as your computer’s operating system and browser type and the time and date of your visit. This information is collected through the use of “cookies.” Cookies are small files that are stored on your computer by a website to give you a unique identification. We may use cookies on our Site to keep track of purchases you have made, to apply and enforce digital rights management permissions, and to keep you logged in to the Site. We treat automatically collected information as personal information if we combine it with or link it to any of the personally identifying information mentioned above. Otherwise, it is used in the aggregate only.

How We Use Personal Information. In general, we use personal information to process your requests or transactions and provide you with products and services, or to inform you about other products or services we think will be of interest. For example, we use your information to deliver products or provide services you have purchased, to send you promotional materials via email and postal mail, to improve our products and services, and to develop new products and services. We may also receive information from third parties with whom we have business relationships, and may combine this information with the other personal information we maintain about you. If we do so, this Policy governs such information.

Sharing of Personal Information. You agree that we may use personal information for marketing and other purposes and disclose this information to third parties for the same purposes. We may also share personal information with third-party vendors who assist us in performing internal functions necessary to operate our business. These functions may include, for example, analyzing data, providing marketing assistance, processing credit card payments, mailing items, and fulfilling or delivering orders. In all cases, we limit the information shared with our third-party vendors to that which is necessary to carry out those functions. We are not responsible for any additional information you provide to these parties, and we encourage you to become familiar with their practices before disclosing information directly to them.

We also disclose personal information when we believe it is appropriate to comply with the law (e.g., a lawful subpoena, warrant or court order); to enforce or apply this Policy or our other policies or agreements; to initiate, render, bill and collect for amounts owed to us; to protect our or our customers’ rights, property or safety; to protect our customers from fraudulent, abusive or unlawful use of our Site; or if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.

In addition, information about our customers, including personally identifiable information, may be disclosed as part of any merger, acquisition, debt financing or sale of company assets, as well as in the event of an insolvency, bankruptcy or receivership in which personally identifiable information could be transferred to third parties as one of our business assets.

Links to Other Websites. Our Site may contain links to other websites. Links from our Site to other sites or content are provided for your convenience only, and we do not have control over the content, or privacy and security practices and policies, of such third parties or other sites. Any personal information you provide on linked pages is provided directly to that third party and is subject to that third party’s privacy policy. We encourage you to learn about their privacy and security practices and policies before providing them with personal information.

Security. We have put into place reasonable security measures in an effort to prevent loss, misuse and alteration of information while it is under our control. We cannot, however, guarantee protection of all information against interception, misappropriation, misuse or alteration, or that your information may not be disclosed or accessed by accidental circumstances or by the unauthorized acts of others. Furthermore, we have no control over the security of other sites you might visit, interact with or do business with.

Policy Changes. We will modify this privacy policy if our privacy practices change in the future. We will notify you of the changes only by posting the new policy on our Site and indicating at the top of the privacy policy the date it was last updated. We encourage you to review our privacy policy each time you visit our Site to see if it has been updated since your last visit and to make sure you understand how information you provide will be used.

Your Comments. We welcome your feedback. If you have any comments about this Policy or would like to contact us for any reason, you may reach us via email at info@SmarTek21.com.