The WorldSmart Association Terms of Service
By accessing the WorldSmart Association, Inc. website(s), mobile application(s) or other digital properties and services (each, a “Site”), you are agreeing to be bound by these Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing the Sites. The materials contained in the Sites are protected by applicable copyright and trademark law.
1. HYPERLINKING TO OTHER WEBSITES
The Sites may provide links to other websites or digital properties to access third-party material or by bringing the third-party material into a Site (a “linked site”). WorldSmart has no discretion to alter, update, or control the content on a linked site. There are inherent risks in relying upon using, or retrieving any information found on the internet, and WorldSmart urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a linked site.
2. NO WARRANTIES
The Sites, including all content, software, functions, materials, and information made available on, provided in connection with, or accessible through the Sites, are provided “as is.” To the fullest extent permissible by law, WorldSmart and its affiliates, and their agents and independent contractors (the “Disclaiming Entities”) make no representation or warranty of any kind whatsoever for the Sites, including the services, content, materials, information and functions made accessible by the Sites, or for any breach of security associated with the transmission of sensitive information through the Sites. Each Disclaiming Entity disclaims without limitation all warranties of any kind with respect to the services, noninfringement or other violation of rights, merchantability, or fitness for a particular purpose. The Disclaiming Entities do not warrant that the functions contained in the Sites will be uninterrupted or error free. The Disclaiming Entities will not be responsible for any service interruptions.
The information, software, and descriptions of services published on a site or a linked site may include inaccuracies or typographical errors, and WorldSmart specifically disclaims any liability for such inaccuracies or errors. WorldSmart does not warrant or represent that the content on its sites is complete or up-to-date. WorldSmart is under no obligation to update any content on its sites. WorldSmart may change the content on its sites at any time without notice. WorldSmart may make improvements or changes to its sites at any time.
You agree that Disclaiming Entities will not be liable, whether in contract, tort, strict liability or otherwise, for any direct, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of its sites or a linked site, or with the delay or inability to use its sites or a linked site, even if a Disclaiming Entity is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems, pandemics, or any force majeure.
3. LIMITATION OF LIABILITY FOR SERVICES ARRANGED THROUGH THE SITES
You agree that WorldSmart is a mere agent for the providers of services available through the sites. Any and all claims regarding any failure or breach with respect to the services offered through the sites are
limited to claims against any and all service providers. WorldSmart hereby disclaims any liability, whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct, punitive, special, consequential, incidental our indirect damages, in connection with the goods or services provided by any carrier or other supplier through the sites, including without limitation liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligent or otherwise, of such carrier or supplier and you hereby exonerate WorldSmart from any liability with respect to the same.
4. CONFIDENTIALITY OF USER COMMUNICATIONS
Except as required by law, WorldSmart Association will treat all user communications that contain personal user information and which are transmitted directly to WorldSmart in accordance with the WorldSmart Privacy Statement.
User should be aware that Linked Sites may contain confidentiality provisions that differ from the provisions provided herein. WorldSmart is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
5. LINKED INTERNET SITES
WorldSmart prohibits caching, unauthorized hypertext links to the Sites and the framing of any Content available through its Sites. WorldSmart reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Content available on any other websites or digital properties linked to a Site. Access to any other Internet sites linked to a Site is at the user’s own risk.
User should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the Site. WorldSmart is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
Unless otherwise stated, all use of Linked Sites is governed by the Linked Site’s terms and conditions and subject to its privacy and security policies and practices.
6. CHANGES TO THESE TERMS OF SERVICE
We have the right to change or add to these Terms of Service at any time, solely, by posting the changes on our website. We may provide notice to you via postings on our website or through other reasonable means. In the event that you do not agree with any modification, your sole and exclusive remedy is to stop using the Sites. WorldSmart, however, does not make any commitment to update these Terms of Service or notify you of any changes.
7. VIOLATIONS OF RULES AND REGULATIONS
WorldSmart reserves the right to seek all remedies available at law and in equity for violations of these Terms of Service, including the right to block access from a particular Internet address or user to a Site.
8. ACCESS TO PASSWORD PROTECTED/SECURE AREAS
Access to and use of password protected and/or secure areas of the Sites is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Sites may be subject to prosecution.
9. JURISDICTION/GOVERNING LAW
These Terms of Service will be governed by the laws of the District of Columbia and by applicable federal United States laws. Each party agrees to submit to personal and exclusive jurisdiction of the courts located in Washington, DC, and each party waives all objections to that jurisdiction and venue.