Sartoria Marconi Bononia, LLC
SMB Websites; Other Providers
It is expressly understood and agreed that the Websites of SMB are strictly limited to the Website, and that such Websites shall not include any and all services offered and/or provided to a Customer by any third-parties, including but not limited to landlords, brokers, tenants engaging in subtenant transactions, and any and all other persons associated therewith (“Providers”). SMB maintains no control or oversight over any Providers and Providers’ services and can neither warrant or guarantee nor be liable for such in any manner. No contract, agreement, or other arrangement, whether written, verbal, implied, statutory or otherwise, between a Customer and a Provider shall be deemed to obligate SMB in any manner, extent, or degree and SMB expressly disclaims such.
Acceptance of Terms
Use by this Reference
The Website is available only to individuals who are at least 18 years old. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. Company may, in its sole discretion, refuse to offer the Website to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Website is revoked in such jurisdictions.
Rules and Conduct
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; (iii) bypass any measures Company may use to prevent or restrict access to the Website (or other accounts, computer systems or networks connected to the Website); (iv) run Maillist, Listserv, any form of auto-responder or "spam" on the Website; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Website.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Website, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
SMB shall not be liable for your interactions with any organizations and/or individuals found on or through the SMB service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties or representations associated with listings on SMB. SMB is not responsible for any damage or loss incurred as a result of any such dealings. All dealings are solely between you and such organizations and/or individuals. SMB is under no obligation to become involved in disputes between site members and any third party. In the event of a dispute, you release SMB, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.
Fees and Payments
The product purchase consists in adding items to the shopping cart then proceeding through the checkout page following the instructions on screen and providing the required information to complete the transaction (i.e. the customer's contact information for the shipping and billing of the purchase). You will be charged upon proof of funds confirmation from the selected payment source. You are responsible for paying all fees and applicable taxes associated with your use of the Website.
Customer Client Payments; SMB Credit Card Information
The SMB Websites may from time to time include the functionality of collecting and storing credit card and similar information from Customer’s clients. A further functionality may include the ability to initiate a charge upon that credit card or similar account for Customer Client Websites ordered by a Customer client, based upon the Customer fees and rates then in effect. Customer shall ensure that it complies with the terms of agreement between Customer and its client in the timing and amount of such charge, including but not limited to whether such charges may be made without such client’s separate consent for each item of Customer Client Websites, and indemnify, defend, and hold SMB harmless from any breach of such agreement, credit or debit card processing and/or issuing agreements, and/ or violation of applicable law.
Third Party Website
The Website may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Website. When you access third party websites, you do so at your own risk. These other websites are not under Company's control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Company 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 the use of or reliance on any such Content, goods or services available on or through any such website or resource.
Content and License
You agree that the Website contains Content specifically provided by Company or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Website. Company grants each user of the Website and/or Website a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content's copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
Intellectual Property Rights — Users
The Website may provide users with the ability to add, create, upload, submit, distribute, collect, or post ("Submitting" or "Submission") content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, or other information to the Website (collectively, the "User Submissions"). By Submitting User Submissions on the Website or otherwise through the Website, you:
Company does not endorse and has no control over any User Submission. Company cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Website is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Website Warranty Disclaimer
Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gains access to the Website; what Content you access via the Website; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Website. The Website may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any Content contained in or accessed through the Website, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website or the Website.
THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE WEBSITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE WEBSITE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Electronic Communications Privacy Act Notice (18USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company’s equipment, transmitted over networks accessed by the Website, or otherwise connected with your use of the Website.
Limitation of Liability
IN NO EVENT SHALL COMPANY, NOR ITS DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE WEBSITE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR WEBSITES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR WEBSITES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU; OR (IV) FOR ANY AND ALL INJURIES, DEATH, LOSSES, COSTS, AND EXPENSES INCURRED BY YOU AND/OR ANY PERSON CLAIMING BY OR THROUGH YOU.
Accessing the Website is prohibited from territories where such Content is illegal. If you access the Website from other locations, you do so at your own initiative and are responsible for compliance with local laws.
Electronic Delivery/Notice Policy and Your Consent
By using the Websites, you consent to receive from SMB all communications including notices, agreements, legally required disclosures or other information in connection with the Websites (collectively, "Contract Notices") electronically. SMB may provide such electronic Contract Notices by posting them on the SMB Website. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the SMB Website and Websites.
Integration and Severability
Last Updated: 20 March 2014