The terms “we,” “us,” and “our” mean SMI Card Services, LLC (“SMI Card Services”); our affiliates, directors, officers, or employees. The terms “you” and “user” mean any visitor to our website, the smiONE Mobile App and/or Platinum smiONE Mobile App (“Site”).
By accessing this Site and any of its pages, you are indicating you have read, acknowledge, and agree to these Terms of Use (“Terms”). If you do not agree to these Terms of Use, do not access this Site.
We reserve the right to change these Terms which you are responsible for reviewing. Your continued use of this Site constitutes agreement to all such changes.
Certain sections or pages of this Site may contain separate terms and conditions, which are in addition to these Terms. You should read those additional terms and conditions carefully. By accessing such sections or pages, you agree to those additional terms and conditions. In the event of a conflict, those additional terms and conditions will govern your use of those sections or pages.
Unauthorized use of the Site, including, but not limited to unauthorized entry into our systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use this Site in any manner that could damage, disable, overburden, or impair any site or service of SMI Card Services or interfere with any other party’s use and enjoyment of any site or service of SMI Card Services. You may not attempt to gain unauthorized access to any SMI Card Services site, service, computer systems, or networks connected to any site or service of SMI Card Services, through hacking, password mining, or any other means. You agree that you will not engage in any activities related to the Site that are contrary to applicable laws or regulations.
We reserve the right, in our sole discretion, without any obligation and without any notice requirement, to change, improve, or correct the information, materials, and descriptions on this Site and to suspend and/or deny access to this Site for scheduled or unscheduled maintenance, upgrades, improvements, or corrections. The information and materials on this Site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and we do not undertake any obligation or responsibility to update or amend any such information. We may discontinue or change any product or service described in or offered on this Site at any time.
From time to time, links may be established between the Site and web sites operated by, or content provided from third parties. For purposes of these Terms, the term “link” includes both hypertext links to external websites or content, and hypertext links that draw material from other sources into the Site. Except to the extent we expressly state otherwise, we have no control over any third-party websites. In addition, from time to time, products and services provided by third parties may be offered for sale or made available through links from this Site: any such offer does not constitute an endorsement by us of the products or services or the providers. In no event will we have any liability related to any third-party website, products, or services.
Although we attempt to provide useful information, we do not guarantee the information posted on or linked to the Site is accurate, current, or suitable for any particular purpose. We assume no obligation to update or continue to post or link to the information.
We do not guarantee uninterrupted access to the Site, or that the Site cannot be tampered with by third parties. While we have implemented security measures designed to protect most information sent to the Site, we do not guarantee that information sent to the Site will not be obtained, reviewed, disclosed, or tampered with by third parties.
THE SITE, ANY POSTED OR LINKED INFORMATION, AND ANY RELATED SOFTWARE ARE PROVIDED ON AN “AS-IS” BASIS, WITH NO WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR ACCURACY, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USE OF THE SITE, AND ANY ASSOCIATED INFORMATION AND SOFTWARE, IS AT YOUR SOLE RISK.
NEITHER WE, NOR ANY THIRD PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE INFORMATION AT THIS SITE, NOR THE OFFICERS, DIRECTORS, EMPLOYEES, OR REPRESENTATIVES OF THE FOREGOING, WILL BE LIABLE IN ANY WAY FOR ANY DIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION, LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE, OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THIS SITE, OR USE OF THIS SITE OR A LINKED SITE, WHETHER OR NOT WE ARE MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION INCLUDES BUT IS NOT LIMITED TO THE TRANSMISSION OF ANY VIRUSES, DATA, OR HARMFUL CODE THAT MAY AFFECT YOUR EQUIPMENT; ANY INCOMPATABILITY BETWEEN THE SITE’S FILES AND YOUR BROWSER OR OTHER PROGRAM USED TO ACCESS THE SITE; ANY FAILURE OF ANY ELECTRONIC OR TELEPHONE EQUIPMENT, COMMUNICATION, OR CONNECTION LINES; UNAUTHORIZED ACCESS; THEFT; OPERATOR ERRORS; OR FORCE MAJEURE. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SITE OR A LINKED SITE. WE DO NOT ALWAYS INVESTIGATE, VERIFY, MONITOR, OR ENDORSE THE CONTENT, ACCURACY, OPINIONS EXPRESSED, AND LINKS PROVIDED BY THE OPERATORS OF A LINKED SITE.
These Terms will be construed in accordance with the substantive laws of the State of Georgia, excluding provisions concerning choice of law that would result in the laws of another state being applied. Any claims, actions, or proceedings related to a web site of SMI Card Services or these Terms and Conditions must be brought in the Federal District Court for the Northern District of Georgia. By using the Site you agree to submit to the jurisdiction of said court for such purposes. WE OPERATE THE SITE FROM OUR OFFICES IN THE STATE OF GEORGIA IN THE UNITED STATES. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE INFORMATION CONTAINED IN OR LINKED TO THE SITE IS APPROPRIATE OR LEGALLY AVAILABLE FOR DISTRIBUTION, DISPLAY, OR USE IN LOCATIONS OTHER THAN THE UNITED STATES, AND ACCESS TO SUCH INFORMATION FROM JURISDICTIONS WHERE SUCH ACTIVITIES ARE NOT LEGAL IS STRICTLY PROHIBITED. IF YOU ACCESS OR USE ANY INFORMATION FROM OR THROUGH THE SITE YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT SUCH ACCESS AND USE IS PERMISSIBLE UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
This Site is for your personal and non-commercial use only. You may print, copy, and download any information or part of the Site for your personal use only. The materials at this Site are copyrighted and any unauthorized use of the materials may violate copyright, trademark, and other laws. This means the materials are protected by worldwide copyright laws and treaties. The materials may not be copied, reproduced, modified, published, uploaded, posted, transmitted, displayed, performed, licensed, framed, used to create derivative works, transferred, or distributed without our prior written approval. If you are in breach of any of these Terms, we may terminate this limited license. Upon termination, you must immediately destroy those materials in your possession.
Any waiver of any part of these Terms shall not be a waiver of any other right, term, or part of these Terms. If any part of these Terms shall be or become wholly or partially invalid, illegal, or unenforceable, such part shall be enforced to the extent it is legal and valid, and the validity, legality, and enforceability of the remaining parts shall not be affected or impaired.
SMI Card Services, SMI Card Services logo, and other SMI Card Services trademarks and service marks are trademarks and service marks of SMI Card Services, LLC. The names and logos of other companies and third-party products and services appearing on the Site may be the trademarks and service marks of their respective owners. You may not use any trademarks or service marks for any purpose, including but not limited to, use as metatags on other pages or sites without our prior written approval or the approval of the third party which may be the owner of the marks.