Terms of Use

Welcome to the Smart Action Company LLC. Through our Website (smartaction.com) we provide Services (web infrastructure, websites, communications, content, and services) to you subject to the following Terms of Use. By visiting our Website or using our Services, you agree to be bound by these Terms of Use. If you do not agree to be bound by these Terms of Use, you are not authorized to access or use our Website or our Services.

1. Privacy

Please review our Privacy Policy which forms part of these Terms of Use.

2. Intellectual Property

All content included on our Website, except where indicated otherwise, is the property of the Smart Action Company LLC or Adaptive A.I. Inc. or their content suppliers and is protected by international intellectual property laws. See our Intellectual Property page for further details. We respect the intellectual property of others. If you believe that your intellectual property has been infringed, please email us at info@smartaction.com


3. License

We grant you a limited license to access and make personal, non-commercial use of our Website. This license does not include the right to download (other than page caching) or modify our Website, or any portion of them, except with our express prior written consent. This license does not include any resale or commercial or derivative use of our Website or our Services, or any use of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use terminates the license granted by us.

If you want to make commercial use of our Website or our Services, you must enter into a prior written agreement with us to do so. Please email us at for more information info@smartaction.com.

4. Communications and Other Content

If you post content or submit material, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us the right to use the name that you submit in connection with such content, if we choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate our Terms of Service and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.

5. Disclaimer of Warranties

Our Services are provided "as is" and "as available", with no warranties whatsoever. We disclaim any and all warranties of any kind, express, implied, or statutory, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, and warranties regarding:

  • the security, reliability, timeliness, and performance of our Services.
  • anything available through or on, advertised on, or linked to or from, our Services.

6. Limitation of Liability

You understand and agree that your use of our Services is at your own discretion and risk and that you will be solely responsible for any damages that result. We disclaim any and all responsibility and liability for any harm or damages of any kind, including, without limitation, those arising from the use or misuse of or reliance on or inability to use, or the interruption, suspension, termination, performance, or non-performance of, our Services, or anything available through or on, advertised on, or linked to or from, our Services, including such damages incurred by third parties. Arising from any claim relating to this agreement or the subject matter hereof, such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages, whether such claim is based on warranty, contract, tort (including negligence), or otherwise (even if we have been advised of the possibility of such damages). Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy.

7. Recourse

If you are dissatisfied with our Website or our Services, or with any of our terms, policies, or practices, your sole and exclusive remedy shall be to discontinue using our Website and our Services.

8. No Implied Waiver

Our failure to insist upon or enforce strict performance by you of any of these Terms of Use shall not operate or be construed as a waiver of any provision or right.

9. Severability

If any provision of these Terms of Use, or any portion thereof, is deemed void, invalid, or unenforceable, that determination shall not affect in any way the remainder of such provision or any other provision of these Terms of Service. You agree to allow, in accordance with the dispute resolution provisions of these Terms of Service, the replacement of such provision, or portion thereof, with a valid provision which is as similar as possible in substance to the void, invalid, or unenforceable provision. If any provision shall be deemed void, invalid, or unenforceable due to its scope or breadth, such provision shall be deemed valid to the extent of the scope and breadth permitted by law.

10. Modification

We reserve the right to make changes to our Services, policies, and these Terms of Use at any time, for any reason, without notice. Please periodically review our Terms of Use to apprise yourself of any changes.

11. Governing Law

These Terms of Use shall be governed by the UNIDROIT Principles (2004), excluding any conflict of laws rules or principles which might refer any dispute arising out of or in connection with these Terms of Use to the laws of another jurisdiction.

12. Dispute Resolution

In the event of any dispute arising out of or in connection with these Terms of Use , the parties agree to first attempt settlement of the matter using Amicable Dispute Resolution (ADR) procedures of their own choosing, informed by the ADR Rules and Guide issued by the International Chamber of Commerce (ICC). If the dispute has not been settled within 45 days following the first request for ADR or within such other period as the parties may agree in writing, such dispute shall be finally settled under the ICC Rules of Arbitration by one or more arbitrators appointed in accordance with the said Rules of Arbitration.

13. Entire Agreement

These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

14. Our Address

www.smartaction.com

Contact Us