You agree to abide by all additional restrictions displayed on this Website as it may be updated from time to time. The compilation of all content included in or made available through the Website is the exclusive property of SmiledUpon and protected by international intellectual property laws and treaty provisions. You agree to comply with all intellectual property laws in your use of this website and to prevent any unauthorized use. Except as expressly provided herein, SmiledUpon does not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret information.
The contents of this Website may contain inaccuracies and typographical errors. SmiledUpon does not warrant the accuracy or completeness of the content or the reliability of any advice, opinion, statement, or other information displayed on or distributed through this Website.
You acknowledge that any reliance on any such advice, opinion, statements, or information shall be at your sole risk. SmiledUpon reserves the right, in its sole discretion, to correct any errors or omission in any portion of the Website without notice.
Linking Policy and Disclaimer of Endorsement
The Website may contain links to third party websites that are not owned or controlled by SmiledUpon. SmiledUpon provides these links as a service to our users. The presence of a link is not a SmiledUpon endorsement of the website or its sponsoring organization. SmiledUpon has no control over, and assumes no responsibility for, the content or practices of any third party sites. SmiledUpon is not responsible for the information collection practices of non- SmiledUpon sites. By using the Website, you expressly release SmiledUpon from any and all liability arising from your use of any third-party websites.
Limitation of Liability
THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, ALL INFORMATION CONTAINED HEREON) IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS WEBSITE OR ANY INFORMATION OR SOFTWARE THEREIN. IN NO EVENT SHALL SMILEDUPON, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE RESCARE’S WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RESCARE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT RESCARE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF USER OR ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
SmiledUpon makes no representations about the reliability of the features or content of this Website and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material will be at your own risk. You agree to defend, indemnify and hold harmless SmiledUpon, its parent corporations, affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
your use of and access to the Website;
your violation of any third party right, including without limitation any copyright, property, or privacy right; or