Terms and Conditions

SMS AUDIO TERMS OF USE

Welcome to the SMS Audio, LLC (“SMS Audio”) website, located at SMSby50.com (the “Site”).  You accept and agree to these Terms of Use (the “Terms”) when you visit or shop at the Site, whether you access the Site through a personal computer, mobile device or any other technology, so please read the Terms carefully.  We may modify the Terms from time to time, effective upon posting to the Site.  Your access to or use of the Site at any time constitutes acceptance of the Terms in effect at that time.  


Privacy
Our Privacy Policy [http://www.smsby50.com/pages/privacy-policy] also governs your access to and use of the Site and information you provide or we collect on or through the Site, and is incorporated into these Terms by reference.  Please review the Privacy Policy to learn about information we collect and how we use and disclose such information.  The Site is not directed at children, and SMS Audio will not knowingly collect personally identifiable information from any child under age 13.


Trademarks
SMS AUDIO, SYNC BY 50, STREET BY 50 and other names and logos used for SMS Audio or its products or services are SMS Audio’s trademarks in the United States and other countries.  SMS Audio’s trademarks may not be used without SMS Audio’s prior written permission, including, without limitation, for or in connection with any product or service or in any manner that could cause potential confusion among customers or that disparages SMS Audio or its products or services.  Trademarks and trade names on the Site that are not owned by SMS Audio are the property of third parties, who may or may not be affiliated with SMS Audio.


Copyright
All content on the Site, including, without limitation, the text, graphics, images, audioclips, logos and icons, and the compilation and layout of content on the Site, is the property of SMS Audio and protected under United States and international copyright laws.  Software used on the Site is the property of SMS Audio or its software vendors and is protected under United States and international copyright laws.


Access and Use of the Site
SMS Audio grants you a limited, non-exclusive license to access and use the Site and to download and print a single copy of the Site content solely for your personal, non-commercial use and provided that you do not delete or modify any copyright or other proprietary notice.  Any other copying, use, distribution, transmission or modification of the Site’s content, including, without limitation, collection or use of product descriptions or prices, use of data mining or similar tools or framing of any Site content is subject to SMS Audio’s prior written consent.  You may link to the Site for non-commercial purposes only or as otherwise specifically agreed in writing by SMS Audio, provided that such link does not disparage or defame SMS Audio or its products or services, and that you remove any such link upon demand by SMS Audio.

You agree not to use the Site in any manner that would (a) adversely affect the Site’s resources or the availability of the Site to others; (b) violate any local, state, national or international law; or (c) delete or modify any content on the Site.  

SMS Audio does not sell products to children, but to adults who can make purchases with a credit card or other permitted method of payment.  If you are under 18, you may access and use the Site only under the supervision of a parent or guardian.


Submissions
Product reviews, comments and other content posted or submitted by you or third parties (“Submissions”) may be available on or through the Site.  You acknowledge that such third party Submissions are not endorsed by SMS Audio and do not reflect the opinion, recommendation or advice of SMS Audio in any manner, and agree that SMS Audio is not responsible for, and has no liability in connection with, the Submissions.  If you believe that any content on the Site violates these Terms, any law or any right of a third party, let us know.

You agree that any Submissions you provide will not be illegal, obscene, invasive of privacy, threatening, defamatory, infringe any copyright, trademark or other proprietary right or contain any virus, corrupt data, advertisement or other commercial solicitation or “spam.” You also agree not to use any false e-mail address, impersonate any person or otherwise mislead as to the origin of any Submission.  

You grant SMS Audio an irrevocable, worldwide, nonexclusive, royalty-free, perpetual and fully sub-licensable and transferable right, but not the obligation, to (a) use, distribute, display, modify and otherwise use any Submissions you post or submit, in any media now known or hereafter developed; and (b) use the name and any other personal information that you post or submit in connection with a Submission, in SMS Audio’s discretion.  

You warrant that you own or control all of the rights in and to your Submissions and that use of your Submissions does not violate these Terms and will not cause damage or injury to any person or entity.  You agree to indemnify SMS Audio for all claims resulting from or in connection with your Submissions.

SMS Audio has the right, but not the obligation, to monitor and modify or remove any content or materials on the Site.  SMS Audio is not responsible for, and assumes no liability for, any Submissions or other content posted by you or any third party.


Electronic Communication
By accessing or visiting the Site, registering for the SMS Audio newsletter, sending an e-mail to SMS Audio or otherwise communicating with SMS Audio through the Site, you are communicating with SMS Audio electronically, and you agree to receive electronic communication from SMS Audio, by e-mail and by posting to the Site.  You agree that any electronic communication from SMS Audio satisfies any legal requirements that such communication must be in writing.  You also agree that any communications or materials that you provide to SMS Audio or the Site, by posting to the Site, e-mail or otherwise, are and will be treated as non-confidential and non-proprietary and that SMS Audio shall have the perpetual, royalty-free, worldwide right, but not the obligation, to copy, disclose, transmit, publish, modify and otherwise use anything you post or transmit.


Copyright Complaints
If you believe any content on the Site infringes your copyright interest, please provide the SMS Audio Copyright Agent with the following information in writing:

•    A description of the copyrighted work that you believe is infringed, including an assertion that you either own such copyright interest, or are the authorized agent of the owner.

•    A description of where the allegedly infringing content is located on the Site.

•    Your address, telephone number and e-mail address.

•    Your statement that you have a good-faith belief that the use of the identified content is not authorized by the copyright owner, its agent or by law.

•    Your statement, made under penalty of perjury, that all information provided by you in the notice is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

•    An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.


SMS Audio’s Copyright Agent for notices of claims of infringement on the Site can be reached as follows:

Copyright Agent

SMS Audio, LLC

2885 South Congress Ave., Suite D

Delray Beach, FL, 33445

Phone:  (561) 278-2323

Facsimile:  (561) 278-2326

Email:  copyright@smsby50.com


Products
Products purchased from SMS Audio through the Site are subject to the SMS Audio Warranty [http://www.smsby50.com/pages/warranties].  

SMS Audio uses reasonable efforts to ensure that product descriptions are accurate and complete.  However, SMS Audio does not warrant that any product description or other content on the Site is accurate, complete, current or without error.  If a product is not as described on the Site, your sole remedy is to return the product in an unused, undamaged condition.

Links

The Site may include links to sites owned or operated by third parties.  Links are provided as a convenience to visitors and do not constitute an endorsement of any third party site, product or service or indicate any affiliation with the owner or operator of such sites. SMS Audio is not responsible for the content of any third party site or for the practices of its owner or operator. 
 

Disclaimer of Warranties/Limitation of Liability
THE SITE AND ALL CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE ARE PROVIDED "AS IS" AND “AS AVAILABLE.”  SMS AUDIO DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE IS MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE OR ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.  YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SMS AUDIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SMS AUDIO DOES NOT WARRANT THAT THE SITE OR THE CONTENT, PRODUCTS OR SERVICES ON OR MADE AVAILABLE THROUGH THE SITE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  

IN NO EVENT WILL SMS AUDIO BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, ITS SOFTWARE OR CONTENT OR ANY OTHER MATTER RELATING TO THE SITE OR CONTENT, EVEN IF SMS AUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

BECAUSE SOME STATES DO NOT ALLOW LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, SMS AUDIO’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, AND SMS AUDIO’S TOTAL LIABILITY IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE SHALL NOT EXCEED $50.00.

 

Dispute Resolution
You agree that the laws of the State of New York, USA, without regard to conflicts of laws principles, govern the existence and construction of these Terms and any dispute that may arise between you and SMS Audio, and that any dispute or claim arising out of or in relation to your access to or use of the Site or to products or services sold or distributed by SMS Audio or through the Site will be exclusively resolved by binding arbitration.    

Arbitration will take place before a single arbitrator and will be administered by JAMS in accordance with the United States Arbitration Act and the JAMS Streamlined Arbitration Rules and Procedures then in effect, as modified by these Terms.  Any in-person arbitration will take place in New York, New York.  If the parties cannot agree upon the choice of an arbitrator within twenty (20) business days of the date the matter is submitted for arbitration, the parties shall request, and accept, assignment of an arbitrator from JAMS pursuant to its rules.  The arbitrator shall have authority to award any remedy or relief that a court of competent jurisdiction in New York could grant in conformity to applicable law, subject to the limitations set forth in this Agreement.  Any arbitration award shall be accompanied by a written statement containing a summary of the issues in controversy and a description of the award, with an explanation of the reasons for the award.  The arbitrator’s award shall be final and binding, and judgment may be entered upon such award by any court of competent jurisdiction.  

For more information, you may contact JAMS in writing at 620 Eighth Avenue, 34th Floor, New York, NY 10018, or visit their website at http://www.jamsadr.com/.  Under JAMS rules, you also may have the right to take certain qualifying disputes to small claims court.  Unless otherwise provided in JAMS rules or the arbitration award, you and SMS Audio will equally divide all administrative fees and expenses for any arbitration, including the arbitrator’s fees and expenses, and each party will bear the cost of preparing and presenting its own case.  Each dispute will be arbitrated on an individual basis and will not be consolidated in any action with the disputes or claims of other consumers or customers.  Any dispute or claim arising out of or relating to these Terms must be brought within two years of the date on which the basis for the dispute or claim first arises, or such longer period as may be required by law.  If a claim proceeds in court rather than arbitration, we each waive any right to a jury trial.  Notwithstanding this dispute resolution provision, SMS Audio shall have the right to seek and obtain preliminary injunctive or other provisional relief from a court of competent jurisdiction for the purpose of preventing irreparable injury, loss or damage pending a final resolution according to this dispute resolution provision.  


General
The Site is controlled and operated by SMS Audio, LLC from its headquarters in Delray Beach, Florida , USA.  SMS Audio makes no representation that any content on the Site is appropriate or available for use in other locations.  You are solely responsible for ensuring that your access to and use of the Site complies with all applicable laws of your jurisdiction.  SMS Audio reserves the right, in its sole discretion, to terminate your access to the Site, or to discontinue the Site, in whole or in part, at any time and without notice.

These Terms, as they may be amended from time to time, set forth the entire understanding of you and SMS Audio as to the subject matter hereof.  If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid or unenforceable, the remainder of the Terms shall remain in full force and effect and all provisions shall be enforced to the fullest extent permitted by law.  Any waiver of any provision of these Terms must be in writing and shall not constitute a continuing waiver or a waiver of any other provision.  A printed version of these Terms and of any notice given in electronic form shall be admissible in arbitration or in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  

 

Questions about these Terms or the Site?  Please contact us:

SMS Audio, LLC

2885 South Congress Ave., Suite D

Delray Beach, FL, 33445

Phone:  (561) 278-2323

Facsimile:  (561) 278-2326

info@smsby50.com