Effective Date: 11/01/2024
Welcome to Smargasy Sitebuilder ("we," "our," or "us"). By accessing or using our web application ("App"), you agree to comply with and be bound by the following Terms of Use ("Terms"). Please read these Terms carefully before using our App
If you do not agree to these Terms, please do not use the App.
1. Acceptance of Terms
By using the App, you agree to these Terms and any additional terms applicable to specific features, services, or offers made available through the App. We may modify these Terms at any time. Any changes will be posted on this page with the updated effective date. Continued use of the App after such changes constitutes your acceptance of the new Terms.
2. Use of the App
You agree to use the App only for lawful purposes and in compliance with these Terms. You are responsible for any activity that occurs under your account and for keeping your account credentials secure.
2.1. Prohibited Uses
- You agree not to use the App for any illegal or unauthorized purpose.
- Attempt to interfere with the proper functioning of the App, including through hacking, denial-of-service attacks, or other means.
- Upload or distribute any viruses, malware, or other harmful code.
- Engage in any activity that could harm, disable, or impair the App or access to it.
- Impersonate any person or entity or falsely state your affiliation with a person or entity.
3. Account Registration
To access certain features of the App, you may need to create an account. You agree to provide accurate and up-to-date information when registering. You are responsible for safeguarding your account credentials and for any activity that occurs through your account.
We reserve the right to suspend or terminate your account at any time, for any reason, without notice.
4. User-Generated Content
You may have the ability to post or submit content through the App (e.g., comments, reviews, user profiles). By submitting content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, and display such content in connection with the App.
You represent that:
- You own or have the necessary rights to the content you submit.
- Your content does not violate any third-party rights, including intellectual property rights.
We reserve the right to remove or edit any content that violates these Terms or is otherwise inappropriate.
5. Intellectual Property
The App and its original content, features, and functionality are owned by Smargasy Inc and its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not use, copy, reproduce, modify, distribute, or exploit any content from the App without our express written consent.
6. Third-Party Links
The App may contain links to third-party websites or services. These links are provided for your convenience only. We have no control over third-party websites and are not responsible for their content or practices. Use these links at your own risk and review the terms and privacy policies of third-party sites.
7. Payment Terms (If Applicable)
Certain features of the App may require payment of fees. By purchasing any services or products through the App, you agree to pay all applicable fees. All payments must be made through the payment methods we make available. Fees are non-refundable unless otherwise stated.
8. Disclaimer of Warranties
The App is provided on an "as-is" and "as-available" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the App will meet your requirements, be uninterrupted, timely, secure, or error-free, or that any defects will be corrected.
9. Limitation of Liability
To the fullest extent permitted by law, Smargasy Inc and its affiliates, officers, directors, employees, agents, or licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
- Your use of the App.
- Your inability to access or use the App.
- Any unauthorized access to or use of our servers or any personal information stored therein.
10. Indemnification
You agree to indemnify, defend, and hold harmless Smargasy Inc, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of your use of the App, your violation of these Terms, or your violation of any third-party rights.
11. Termination
We may terminate or suspend your account and access to the App at any time, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the App will immediately cease.
12. Governing Law
These Terms are governed by and construed in accordance with the laws of Lee County, Florida, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Florida for any disputes arising out of or relating to these Terms or your use of the App.
13. Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions will continue in full force and effect.
14. Contact Us
If you have any questions about these Terms, please contact us at:
Smargasy Inc
12551 New Brittany Blvd, FL, Fort Myers, 33907
(239) 880-3431