Terms & Conditions - Smart IS

Contact us

    Talk to our Experts


    +49 170 9931540
    info.germany@smart-is.com Codeout Solution UG, Joseph-Haydn-Weg 59, 61118 Bad Vilbel, Germany

    Terms & Conditions

     

    Agreement between User and https://www.smart-is.de/
    Welcome to https://www.smart-is.de/. The https://www.smart-is.de/ website (the “Site”) is
    comprised of various web pages operated by Oracular IS LLC (“Smart IS International”).
    https://www.smart-is.de/ is offered to you conditioned on your acceptance without modification
    of the terms, conditions, and notices contained herein (the “Terms”). Your use of
    https://www.smart-is.de/ constitutes your agreement to all such Terms. Please read these terms
    carefully, and keep a copy of them for your reference.

    https://www.smart-is.de/ is a News and Information Site.

    Our website offers information on the services we provide, information on I.T. Consulting and
    information on the products we sell.

    Privacy
    Your use of https://www.smart-is.de/ is subject to Smart IS International’s Privacy Policy. Please
    review our Privacy Policy, which also governs the Site and informs users of our data collection
    practices.

    Electronic Communications
    Visiting https://www.smart-is.de/ or sending emails to Smart IS International constitutes
    electronic communications. You consent to receive electronic communications and you agree that
    all agreements, notices, disclosures and other communications that we provide to you
    electronically, via email and on the Site, satisfy any legal requirement that such communications be
    in writing.

    Children Under Thirteen
    Smart IS International does not knowingly collect, either online or offline, personal information
    from persons under the age of thirteen. If you are under 18, you may use https://www.smartis.com/ only with permission of a parent or guardian.

    Links to Third Party Sites/Third Party Services
    https://www.smart-is.de/ may contain links to other websites (“Linked Sites”). The Linked Sites
    are not under the control of Smart IS International and Smart IS International is not responsible for
    the contents of any Linked Site, including without limitation any link contained in a Linked Site, or
    any changes or updates to a Linked Site. Smart IS International is providing these links to you only
    as a convenience, and the inclusion of any link does not imply endorsement by Smart IS
    International of the site or any association with its operators.

    Certain services made available via https://www.smart-is.de/ are delivered by third party sites
    and organizations. By using any product, service or functionality originating from the
    https://www.smart-is.de/ domain, you hereby acknowledge and consent that Smart IS
    International may share such information and data with any third party with whom Smart IS
    This is a RocketLawyer.com document.
    International has a contractual relationship to provide the requested product, service or
    functionality on behalf of https://www.smart-is.de/ users and customers.

    No Unlawful or Prohibited Use/Intellectual Property
    You are granted a non-exclusive, non-transferable, revocable license to access and use
    https://www.smart-is.de/ strictly in accordance with these terms of use. As a condition of your
    use of the Site, you warrant to Smart IS International that you will not use the Site for any purpose
    that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could
    damage, disable, overburden, or impair the Site or interfere with any other party’s use and
    enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
    through any means not intentionally made available or provided for through the Site.

    All content included as part of the Service, such as text, graphics, logos, images, as well as the
    compilation thereof, and any software used on the Site, is the property of Smart IS International or
    its suppliers and protected by copyright and other laws that protect intellectual property and
    proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
    legends or other restrictions contained in any such content and will not make any changes thereto.

    You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
    derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
    Smart IS International content is not for resale. Your use of the Site does not entitle you to make
    any unauthorized use of any protected content, and in particular you will not delete or alter any
    proprietary rights or attribution notices in any content. You will use protected content solely for
    your personal use, and will make no other use of the content without the express written
    permission of Smart IS International and the copyright owner. You agree that you do not acquire
    any ownership rights in any protected content. We do not grant you any licenses, express or
    implied, to the intellectual property of Smart IS International or our licensors except as expressly
    authorized by these Terms.

    International Users
    The Service is controlled, operated and administered by Smart IS International from our offices
    within the USA. If you access the Service from a location outside the USA, you are responsible
    for compliance with all local laws. You agree that you will not use the Smart IS International
    Content accessed through https://www.smart-is.de/ in any country or in any manner prohibited
    by any applicable laws, restrictions or regulations.

    Indemnification
    You agree to indemnify, defend and hold harmless Smart IS International, its officers, directors,
    employees, agents and third parties, for any losses, costs, liabilities and expenses (including
    reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or
    services, any user postings made by you, your violation of any terms of this Agreement or your
    violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
    Smart IS International reserves the right, at its own cost, to assume the exclusive defense and
    control of any matter otherwise subject to indemnification by you, in which event you will fully
    cooperate with Smart IS International in asserting any available defenses.

    Arbitration
    In the event the parties are not able to resolve any dispute between them arising out of or
    concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
    otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
    only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
    neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
    service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s
    award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
    event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
    Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
    attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
    Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
    indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
    that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
    entire dispute, including the scope and enforceability of this arbitration provision shall be
    determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
    and Conditions.

    Liability Disclaimer
    THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
    AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
    TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
    INFORMATION HEREIN. ORACULAR IS LLC AND/OR ITS SUPPLIERS MAY MAKE
    IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

    ORACULAR IS LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
    ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
    ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
    RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE
    MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
    INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
    ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
    ORACULAR IS LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
    AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
    PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
    WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
    PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
    SHALL ORACULAR IS LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
    INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
    ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
    FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
    CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY
    This is a RocketLawyer.com document.
    OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR
    FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
    PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,
    OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
    CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
    ORACULAR IS LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
    POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
    ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
    OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
    IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
    THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
    DISCONTINUE USING THE SITE.

    Termination/Access Restriction
    Smart IS International reserves the right, in its sole discretion, to terminate your access to the Site
    and the related services or any portion thereof at any time, without notice. To the maximum extent
    permitted by law, this agreement is governed by the laws of the State of Wisconsin and you hereby
    consent to the exclusive jurisdiction and venue of courts in Wisconsin in all disputes arising out of
    or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not
    give effect to all provisions of these Terms, including, without limitation, this section.

    You agree that no joint venture, partnership, employment, or agency relationship exists between
    you and Smart IS International as a result of this agreement or use of the Site. Smart IS
    International’s performance of this agreement is subject to existing laws and legal process, and
    nothing contained in this agreement is in derogation of Smart IS International’s right to comply with
    governmental, court and law enforcement requests or requirements relating to your use of the Site
    or information provided to or gathered by Smart IS International with respect to such use. If any
    part of this agreement is determined to be invalid or unenforceable pursuant to applicable law
    including, but not limited to, the warranty disclaimers and liability limitations set forth above, then
    the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision
    that most closely matches the intent of the original provision and the remainder of the agreement
    shall continue in effect.

    Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
    and Smart IS International with respect to the Site and it supersedes all prior or contemporaneous
    communications and proposals, whether electronic, oral or written, between the user and Smart IS
    International with respect to the Site. A printed version of this agreement and of any notice given in
    electronic form shall be admissible in judicial or administrative proceedings based upon or relating
    to this agreement to the same extent and subject to the same conditions as other business
    documents and records originally generated and maintained in printed form. It is the express wish
    to the parties that this agreement and all related documents be written in English.

    Changes to Terms
    Smart IS International reserves the right, in its sole discretion, to change the Terms under which
    https://www.smart-is.de/ is offered. The most current version of the Terms will supersede all
    previous versions. Smart IS International encourages you to periodically review the Terms to stay
    informed of our updates.

    Contact Us
    Smart IS International welcomes your questions or comments regarding the Terms:

    Oracular IS LLC
    1302 S MAIN ST
    Oshkosh, Wisconsin 54902-6518

    Email Address:
    info@smart-is.com

    Telephone number:
    920-303-0470

    Effective as of January 01, 2020

    This is a RocketLawyer.com document.

    Copyright © 2020 Smart-IS International. All Rights Reserved.

    Microsoft is a registered trademark of Microsoft Corporation Oracle, JD Edwards and Peoplesoft are registered trademarks of Oracle Corporation. Blue Yonder is a registered trademark of Blue Yonder Group Incorporated. All trademarks are property of their respective owners.