SMK-Link Electronics Inc. ("SMK-Link Electronics") provides its service to you subject to the following Terms of Service which may be updated by us from time to time without notice.
Description of Services
SMK-Link Electronics provides users with access to resources including product descriptions, documentation, software, registration and online Web shopping. You understand and agree that these services may include advertisements and that these advertisements may be from companies other than SMK-Link Electronics. You also understand and agree that our services may include certain electronic communications such as service announcements, administrative messages and the SMK-Link Electronics Newsletter, and that these communications are considered part of SMK-Link Electronics membership, and you will not be able to opt out of receiving them.
Unless explicitly stated otherwise, any new features that add to or enhance SMK-Link Electronics services, including the release of new SMK-Link Electronics products, services or Web properties, shall be subject to our Terms Of Service. You understand and agree that our services are provided on an as is basis and that SMK-Link Electronics assumes no responsibility for the timeliness, deletion, failure of delivery or deletion of any user communications or personalization settings.
Obligations of Registration
In consideration of your use of SMK-Link Electronics services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the online forms, and (b) maintain and promptly update your data to keep it true, current and complete. If you provide any information that is false, not accurate or incomplete, or if SMK-Link Electronics has reasonable grounds to suspect that such information is false, inaccurate, out of date or incomplete, SMK-Link Electronics has the right to suspend or terminate your account and refuse any and all current or future use of our services.
Account Password and Security
You will receive account username and password access information upon completing the Web store ordering or product registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify SMK-Link Electronics of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
SMK-Link Electronics cannot and will not be liable for any loss or damage arising from your failure to comply with this section of this terms of service document.
You agree to indemnify and hold SMK-Link Electronics and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our online services.
Resale of Services
You further agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the SMK-Link Electronics services (including your SMK-Link Electronics ID, product access codes or Web store promotional codes).
Modifications To Services
SMK-Link Electronics reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently our services (or any part thereof) with or without notice. You agree that SMK-Link Electronics shall not be liable to you or to any third party for any modification, suspension or discontinuance of our services.
Termination of Services
You agree that SMK-Link Electronics may, under certain circumstances and without prior notice, immediately terminate your SMK-Link Electronics account, any associated email address, contact information, account history. Cause for such termination shall include, but not be limited to, (a) violations of our Terms of Service, (b) a request by you or self-initiated account deletions, (c) discontinuance or material modification to our services, (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with our services.
Termination of your SMK-Link Electronics account includes (a) removal of access to all service offerings, (b) deletion of your password and all related information, files and content associated with your account and (c) barring of further use of the Service. Further, you agree that all service terminations for cause shall be made in SMK-Link Electronics' sole discretion and that SMK-Link Electronics shall not be liable to you or any third party for any termination of your account, any associated email address, or access to our services.
You understand and agree that SMK-Link Electronics services may provide links to other World Wide Web sites or resources. Because SMK-Link Electronics has no control over such sites and resources, you acknowledge and agree that SMK-Link Electronics is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that SMK-Link Electronics shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Terms of Service Agreement
The Terms of Service document constitutes the entire agreement between you and SMK-Link Electronics and governs your use of our online services, superseding any prior agreements between you and SMK-Link Electronics with respect to them. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other SMK-Link Electronics products, services, or third-party content or software.
Choice of Law and Forum. The Terms of Service and the relationship between you and SMK-Link Electronics shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and SMK-Link Electronics agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California.
Waiver and Severability of Terms. The failure of SMK-Link Electronics to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
No Right of Survivorship and Non-Transferability. You agree that your SMK-Link Electronics account is non-transferable.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of SMK-Link Electronics services or our Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.