User Agreement

LEGAL INFORMATION, NOTICE & DISCLAIMERS

Welcome to SmartstheticsSM!

SmartstheticsSM is an on trend, open-source central clearinghouse to inspire and inform the prosthetic-using demographic. Here you can find the latest news, entertainment, medical and technology research, products, and online community forum. We do not give any advice and provide only general information.

What you agree to when you use Smartsthetics.com

We want you to know about your legal rights to use this website and services, and tell you about Smartsthetics’SM rights, limits of liability, and legal disclaimers. These terms and conditions of use (we will call them “user agreement or “agreement”) apply to Smartsthetics.com website, services, and forum (we call these the “website”), which is owned by and is the property of SmartstheticsSMLLC. You agree to be legally bound by this user agreement These terms of use are a legally binding contract between SmartstheticsSM LLC (“we” “our” or “us”) and you (“you” or “your”). We want to make sure you know that by using this website, you acknowledge you have read, understood, and agree to be bound by the terms of this agreement. If you do not agree, then do not use this website or services.
You use this website because you have read and agree to our terms Before you use this website, you must carefully read and agree to be bound by this user agreement. If you do not agree with this user agreement, you may not use the  website. You should also read our privacy policy to learn how we collect and use your information. Your use of the website, services, and forum is evidence that you accept and assume all risks and all responsibility for any loss, costs, and/or damages incurred.

You should not act or rely on any information in this website

We are not responsible for any decisions you make, or actions you take based on
anything you read on Smartsthetics.com. You take full responsibility for any and all consequences resulting from acting on anything posted on this website. Nothing on this website can be a substitute for the advice of qualified professionals or your own best judgment. We do not offer advice, recommendations, guarantee results, or endorse any opinion or product. You accept and assume any and all risks for your actions, decisions, and results based on anything you saw on the website.

Children and SmartstheticsSM

You must be over the age of majority (which in most states is 18 years old) to use
Smartsthetics.com. We do not knowingly collect any personal information from minor children, and use of the website by those under the age of 13 is strictly prohibited.

Using or Viewing Smartsthetics.com

Registering for an account

To participate or post on the website, you must register by creating an account that
includes a username, password, and email address (“your account”) if you want us to be able to contact you or reset your password. Inappropriate user names will be removed. Even if you choose to create an anonymous account, you are still agreeing to be bound by this user agreement. You are entirely responsible for maintaining the confidentiality your account password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. If you choose not to participate or post, you can view and browse the website without logging in, but you still agree that you and each person you allow to access Smartsthetics SM through your account, agree to the terms of this user agreement. To become a creating an account to be a registered user, you must be at least eighteen (18) years old and not have a previous account or access terminated by Smartsthetics SM . If you would like to report an account registered for a minor, please email info@smartsthetics.com.

It is a violation of this user agreement to provide false or misleading information in
connection with the creation of an account, or to maliciously impersonate another
person.  Learn how we collect and use your information in our Privacy Policy.

We may close your account for any reason, at any time
We can suspend your access to the website, terminate your account, and remove many or all of your user content at any time, without advance notice.
If we terminate or suspend your account, you may not create another account without our permission. We may take action against any account, at any time, for any reason. Certain provisions of this agreement will continue to legally bind you even after your account has been terminated. This includes warranty disclaimers, limitations of liability, and ownership.

We reserve the right to monitor participation and remove posts on the website, and your use of the website means you agree to such monitoring and any content removal. Even so, we do not guarantee that we will monitor at all.

You can close your account

You may close your account at any time by going to your account settings and disabling myour account.

Privacy Policy

You agree to the terms of our privacy policy whether or not you are a registered user. mWe do our best to protect your personal information, and store it only as long as necessary. We reserve the right to reveal your personal information if the law requires us to.

Your content

You grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted,
worldwide license Your content includes each and every item of content or other material, including images, links, documents, text, writings, photographs, graphics, videos, or files you upload, post, or otherwise integrate to this website.

You retain the rights to your copyrighted content or information that you submit to SmartstheticsSM (“user content”) except as described below. By submitting your content to SmartstheticsSM you grant us (without compensation to you or to others) a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display your user content in any medium and for any purpose, including commercial purposes, and to authorize others to do so.
So if you post your name or provide a picture, or audio or video recording, you give us permission (without compensation to you or others) to use your name, voice, and likeness throughout the world. Your permission will last forever and cannot be revoked for any reason, except as required by applicable law.
You agree that you have the right to submit anything you post, and that your content does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party.

Obey the law

Smartsthetics.com is a website where you can exchange positive ideas. It is designed and intended for your personal and lawful use only. You may not use it to violate another person’s legal rights including privacy, or infringe on any individual’s or entity’s intellectual property rights or other proprietary rights, or to break any law in any way. You cannot use this website to violate the security of any computer network, or transfer or store illegal material.

Be careful about what you post

When you post content or information on the website, you are allowing anyone in the world to access and use that information, and to associate it with you, your user name, and profile picture. Because everything you post on Smartsthetics SM is public, make sure you’re comfortable with the fact that anyone anywhere can view anything you post here. Never post or reveal any personal information on any website. Remember that your posts and participation are at your own risk.

You are solely responsible for your use of our website

You are solely responsible for your use of our website, for any content you submit to us, any interactions with other Smartsthetics SM users, and for any consequences thereof. All content you submit will be viewable by other users of the SmartstheticsSM and through third party services and websites. SmartstheticsSM has no liability for your interactions with other users, or for any user’s action or inaction.

You should only provide content you are comfortable sharing

You should only provide content you are comfortable sharing with the world. So not do anything that violates any third-party’s rights of any kind, including without limitation, any intellectual property rights, rights of privacy, or publicity rights.

Acceptable use of our website

The purpose of Smartsthetics.com is to inspire and inform in a calm and supportive
online environment. We expect you to conform to old-school notions of politeness and use appropriate etiquette.
Do not do or post anything that is Illegal, harmful, malicious or offensive. If you do so, you are responsible, not SmartstheticsSM . You are responsible for any consequences and you will indemnify Smartsthetics SM for damages arising from your use, content you posted, or your conduct on the website. You cannot post any reference to or likeness of any identifiable third parties without
their consent. You agree not to post anything that could damage SmartstheticsSM public image, goodwill or reputation. Do not use this website to sell, market, or advertise any product or service. We have no obligation to participate or assist any party with regard to any dispute over content on this website.

Flagging other users’ posts

Go ahead and draw our attention to any offensive comments by using the flag button. But don’t flag a post to falsely report another user is engaging in abuse or misconduct.

About Spam. Don’t do it.

Don’t post, create, or transmit unwanted electronic communications such as “spam,” or interfere with users’ right to enjoy the website.
Don’t mess with the website. Don’t transmit malicious or invasive codes or programs for any reason including data mining or other data gathering or extraction. Don’t interfere with or circumvent any security feature of the website or use the website in any way that could disable, overburden, or damage it or interfere with anyone else’s use of the website.

Do not hack, attack, or copy Smartsthetics.com

Do not, and do not allow anyone else to modify, adapt, translate, disassemble, decompile, reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of this website (unless it’s required by applicable local law, and then only to the extent it’s required by such laws).
Do not use this website in any manner that could damage, disable, overburden, or impair the website or another user’s use of the website. Do not remove, obscure, or change any copyright, trademark, hyperlink or other proprietary rights notice or any embedded code posted on the website.

SmartstheticsSM content

Exchange of Good Ideas, not Goods

We do not engage in commerce, but we may have affiliate relationships with some third parties and may receive compensation for any purchase made from them. In no way do we endorse or recommend any particular vendor, brand, manufacturer, service provider or anyone else, even if you see advertisements and/or links for offers. Advertisers, sponsors, and other third parties are responsible for ensuring their representations are accurate and comply with applicable laws. We are not responsible for any error, inaccuracy, illegality, or other problem with advertisements or sponsorships.

We are not responsible for and are not a party to any transactions you have with anythird party. You are on your own if you choose to do business with an entity or individual you saw on the website.

SmartstheticsSM content is protected by law

Smartsthetics.com’s community forum, unique look and style, graphics, infographics, photographs, images, audio, video, text, software code, and advertisements all help to make up Smartsthetics SM content. Smartsthetics SM content is protected by intellectual property laws including copyright and other proprietary rights of the United States and foreign countries. SmartstheticsSM grants you the right to access Smartsthetics SM content according to this user agreement. You are not authorized to commercially use, reproduce, create derivative works, distribute copies, perform, or publicly display SmartstheticsSM content, except as permitted by the doctrine of fair use or as authorized in writing by us. To license SmartstheticsSM content, contact us at info@smartsthetics.com

We don’t verify, sponsor, or endorse any user or third party content

We do not expressly or implicitly verify, sponsor, or endorse any user or third party. Advertisers and sponsors are solely responsible for ensuring their information is
accurate and complies with applicable laws. We are not responsible for illegality, error, inaccuracy, or other problem in advertisements or sponsorships posted on or linked to on the website.We take no responsibility for, and do not assume any liability for any content on the website.Do not falsely express or imply that your content or material is sponsored or endorsed by us.

Disclaimers and Notices of our Limited Liability to you

Carefully read the following since it limits Smartsthetics’SM liability to you to the fullest extent permitted by law.

Indemnity

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD SMARTSTHETICSSM , ITS
OFFICERS, DIRECTORS, SHAREHOLDERS, PREDECESSORS, SUCCESSORS IN
INTEREST, EMPLOYEES, AGENTS, SUBSIDIARIES AND AFFILIATES, HARMLESS FROM ANY DEMANDS, LOSS, LIABILITY, CLAIMS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RELATED TO YOUR VIOLATION, OR ALLEGED VIOLATION OF THIS USER AGREEMENT, OR RELATED TO ANY OTHER USE OF THE WEBSITE. YOU AGREE TO RELEASE AND INDEMNIFY SMARTSTHETICSSM FROM ALL CLAIMS, INCLUDING THOSE RELATED TO THE RETENTION OF DELETED CONTENT.

Disclaimer of warranties

SMARTSTHETICS SM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, ACCURACY, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. The website and its content are on an “as-is” and “as-available” basis SMARTSTHETICSSM DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE SECURE, ERROR- FREE, UNINTERRUPTED, FREE FROM VIRUSES OR MALICIOUS CODE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOUR USE OF, AND RELIANCE ON, ANY INFORMATION OBTAINED FROM OR THROUGH THE WEBSITE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING BUT NOT LIMITED TO CLAIMS, COMMUNITY FORUM, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE OR REMOVAL WITHOUT NOTICE.

Limitation of liability

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF ANY LOSS RESULTING FROM YOUR USAGE. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, RELATING TO OR ARISING OUT OF THE USE OF THIS WEBSITE, EVEN IF WE KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES.

Except where prohibited by law, in no event will SmartstheticsSM be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Smartsthetics SM has been advised of the possibility of such damages.

SMARTSTHETICSSM DOES NOT WARRANT, GUARANTEE, OR MAKE ANY
REPRESENTATIONS OF ANY KIND REGARDING CONTENT, ACCURACY, SUITABILITY, RELIABILITY, OR TIMELINESS OF INFORMATION CONTAINED
WITHIN THIS WEBSITE, PRODUCTS, SERVICES, TEXT, AND RELATED CONTENT. YOUR USE OF CONTENT CONTAINED ON THE WEBSITE, LINKS, OR SERVICES IS AT YOUR OWN RISK. IN NO EVENT SHALL SMARTSTHETICSSM LIABILITY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT AND/OR NEGLIGENCE, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE OR UTILIZING SERVICES. SMARTSTHETICS SM 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 WEBSITE. YOUR SOLE REMEDY AGAINST SMARTSTHETICSSM FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND US.

SmartstheticsSM disclaims any and all responsibility for any cause of action, loss, claim, liability, or damage of any kind resulting from, arising out of or any way related to: any errors or omissions of this website and its content, including but not limited to technical inaccuracies and typographical or server errors; any third party websites or content directly or indirectly accessed through links; the unavailability of this site or any portion of it; misdirected or redirected transmissions; your use of this website; our use of any equipment or software in connection with this website;
failed internet connections, interruptions in the transmission, receipt, or fulfillment of appointments or other services; any damages associated with or between you and any individual or organization you may have used as a result of this website or its links; any computer virus or technical defect;
your use of information obtained from the website or services. Smartsthetics SM , its affiliates, listees, and any officer, director, employee, shareholder, partner, subcontractor, agent, successor, or assign of SmartstheticsSM , affiliates, and listees, shall not be liable for any direct, indirect, incidental, special, or consequential damages of any kind whatsoever (including, without limitation, attorneys’ fees and lost profits or savings) in any way due to, resulting from, or arising in connection with this website, regardless of any negligence of any covered party.

THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.

More legal

Governing laws in case of dispute: Jurisdiction All users, including those users who access the website and services from a country other than the USA, agree that this user agreement shall be governed by and construed in accordance with the laws of the State of New York, USA. Any dispute, including but not limited to, those arising from the website or our performance or use of personal information or otherwise relating to privacy, shall be subject to the laws of the State of New York without regard to any conflict of law provisions.

You agree:
to submit any dispute with SmartstheticsSM exclusively to final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The location of any arbitration shall be in Erie County, New York. You agree that any arbitrator shall not have the authority to award punitive damages; to be bound by any ruling in such arbitration proceeding and that such ruling shall be enforceable in any court of competent jurisdiction; Any failure by SmartstheticsSM to exercise any rights or to enforce any of the terms of the
user agreement or privacy policy shall not constitute a waiver of such rights or terms.

Statute of Limitations

Any claim or cause of action you may have that arises out of or is related to the use of this website, user agreement or privacy policy must be filed within one (1) year after such claim or cause of action arose or be forever barred, despite any statute or law to the contrary.

Entire Agreement; Severability

This user agreement incorporates any notices contained on this website and constitutes the entire agreement. If any provision of this user agreement is unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the Agreements. Changes to website, user agreement, privacy policy and other agreements. This user agreement is the entire agreement between you and us and it supersedes all prior or contemporaneous agreements between you and Smartsthetics SM. We reserve the right to change, modify, add or remove portions of the website, user agreement, privacy policy or other agreements, at any time. Review this link on a regular basis for changes. Your continued use of the website
following the posting of changes means that you accept and agree to the changes. If
you do not agree to this user agreement, do not use the website and services.

Consent

By using our website and interactive services you consent to the entire user agreement and our collection and use of your personal information. You can learn more about our Privacy Policy here.

Intellectual Property

All material on the website and interactive services is protected by United States copyright law. No content from the website may be copied, reproduced, framed, republished, downloaded, uploaded, posted, transmitted, or distributed in any way. Copying or storing of any content for other than personal use is expressly prohibited without prior written permission from a duly authorized officer of SmartstheticsSM , or the copyright holder identified in the copyright notice contained in the content. If you wish to hyperlink to the website, you agree to keep intact all copyright and other proprietary notices. You agree to cease such link upon request from us. No other use is permitted without our prior written permission. All Smartsthetics’SM website agreements have been drafted in English, and the English version will prevail and be binding even though other translations may also exist.

Feedback and Information

Any feedback you provide, information you submit to us, or comments you make will be treated as non-confidential, non-proprietary, and available for our free and unrestricted use. That includes but is not limited to comments, links, and anything else you post on the website or send to us via email.

The information contained in this website is subject to change without notice.
Copyright © 2018 SmartstheticsSM LLC. All rights reserved.

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