Terms of service.
Updated: July 10, 2023
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using sharonsmithhr.com (the “Service”) operated by Sharon Smith (“us”, “we”, “company” or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Purchases
If you wish to purchase any product or service made available through the Service
(“Purchase”), you may be asked to supply certain information relevant to your
Purchase including, without limitation, your credit card number, the expiration
date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the
information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy
Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price
of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal
transaction is suspected.
Product Download
Our products are currently delivered by internet download only. After your purchase has been approved we will process your order. Orders are typically processed within one (1) hour but could take as long as twenty four (24) hours to complete. Once
your order has been processed we will send you a confirmation email using the
email address you provided on our order form.
This email will serve as your electronic purchase receipt and will contain the information you need to access our product downloads.
Downloads from our servers are closely monitored to ensure you are able to successfully access our products. While we are flexible and allow you to complete a reasonable number of downloads we will not tolerate download abuse. We reserve the right to terminate your access to our download servers.
Refund Policy (Digital Goods)
We stand behind our products and your satisfaction with them is important to us. However, because our products are digital goods delivered via internet download and available for instant access we typically do not offer refunds.
If you change your mind about your purchase and you have not yet downloaded our product, we will happily issue you a refund upon your request.
Refund requests made after you have downloaded our product are handled on a case by case basis and are issued at our sole discretion. Refund requests, if any, must be made within thirty (30) days of your original purchase.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mis-priced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the
applicable rules as well as our Privacy Policy. If the rules for a Promotion
conflict with these Terms and Conditions, the Promotion rules will apply.
Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times.
Inaccurate, incomplete, or obsolete information may result in the immediate
termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under
your account and/or password, whether your password is with our Service or a
third-party service. You must notify us immediately upon becoming aware of any
breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Smith Productions LLC and its licensors. The Service is protected
by copyright, trademark, and other laws of both the United States and foreign
countries. Our trademarks and trade dress may not be used in connection with
any product or service without the prior written consent of Smith Productions LLC.
Links to other websites
Our Service may contain links to third party web sites or services that are not owned or
controlled by Smith Productions LLC.
Smith Productions LLC has no control over, and no liability for any third party websites or materials, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
We may work with partners and affiliates whose Internet sites may be linked with this Site. Because neither Smith Productions LLC nor the Site has control over the content and performance of these partner and affiliate sites, we make no guarantees about
the accuracy, currency, content, or quality of the information provided by such
sites, and we assume no responsibility for unintended, objectionable,
inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
You acknowledge and agree that Smith Productions LLC 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 third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty
disclaimers, indemnity and limitations of liability.
Prohibited Uses
Smith Productions LLC imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not
authorized to access; (b) attempting to probe, scan, or test the vulnerability
of the Service, the Site, or any associated system or network, or to breach
security or authentication measures without proper authorization; (c)
interfering or attempting to interfere with service to any user, host, or
network, including, without limitation, by means of submitting a virus to the
Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or
“crashing;” (d) using the Site or Service to send unsolicited e-mail,
including, without limitation, promotions, or advertisements for products or
services; (e) forging any TCP/IP packet header or any part of the header
information in any e-mail or in any posting using the Service; or (f)
attempting to modify, reverse-engineer, decompile, disassemble, or otherwise
reduce or attempt to reduce to a human-perceivable form any of the source code
used by Company in providing the Site or Service. Any violation of system or
network security may subject you to civil and/or criminal liability.
Indemnification
You agree to defend, indemnify and hold harmless Smith Productions LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or
arising out of a) your use and access of the Service, by you or any person
using your account and password, or b) a breach of these Terms.
Limitation of Liability
In no event shall Smith Productions LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or
punitive damages, including without limitation, loss of profits, data, use, goodwill,
or other intangible losses, resulting from (i) your access to or use of or
inability to access or use the Service; (ii) any conduct or content of any
third party on the Service; (iii) any content obtained from the Service; and
(iv) unauthorized access, use or alteration of your transmissions or content,
whether based on warranty, contract, tort (including negligence) or any other
legal theory, whether or not we have been informed of the possibility of such
damage, and even if a remedy set forth herein is found to have failed of its
essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS
AVAILABLE” basis. The Service is provided without warranties of any kind,
whether express or implied, including, but not limited to, implied warranties
of merchantability, fitness for a particular purpose, non-infringement or
course of performance.
Smith Productions LLC and its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time
or location; b) any errors or defects will be corrected; c) the Service is free
of viruses or other harmful components; or d) the results of using the Service
will meet your requirements.
Copyright
All contents of Site are: © 2023
Sharon Smith. All rights reserved.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be
governed and construed in accordance with the laws of North Carolina, United
States, without regard to its conflict of law provisions.
Our failure to enforce
any right or provision of these Terms will not be considered a waiver of those
rights. If any provision of these Terms is held to be invalid or unenforceable
by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between us regarding our Service,
and supersede and replace any prior agreements we might have had between us
regarding the Service.
Severability; Waiver
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent
breach of the same or any other provisions hereof, and no waiver shall be
effective unless made in writing and signed by an authorized representative of
the waiving party.
No License
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
Amendments
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new
terms taking effect. What constitutes a material change will be determined at
our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact
If you have any questions about these Terms, please contact us: