SMM Lords. is concerned about privacy issues and wants you to be familiar
with how we collect, use and disclose information. This Privacy Policy
describes our practices in connection with information that we collect from
you through smmlords.com and the other websites operated by us from which
you are accessing this Privacy Policy (the "Websites"), through the software
applications made available by us for use on or through computers and mobile
devices (the "Apps"), through our page(s) or app(s) on social media platforms
(collectively, our "Social Media Pages") as well as HTML-formatted email
messages that we send to you that link to this policy (collectively, including
the Websites, the Apps and our Social Media Pages, the "Site"). In addition,
the "Choices" section below applies with respect to any of your Personal
Information collected from you by us, whether collected through the Site or
through offline means, such as at a trade show. By providing Personal
Information to us through the Site, you acknowledge that we may collect,
use and disclose such information in accordance with this Privacy Policy.
We are not responsible for the data collection, usage and disclosure policies
and practices (including the data security practices) of any third party,
including Facebook, Apple, Google, Microsoft, RIM or any other app provider,
social media platform provider or wireless service provider, including without
limitation the use and disclosure of any Personal Information that you disclose
to such third party through or in connection with the Apps or our
Social Media Pages.
UPDATES TO THIS PRIVACY POLICY
==============================
We may change this Privacy Policy from time to time. Please take a look at the
“LAST UPDATED” legend at the top of this page to determine when this
Privacy Policy was last revised. Any changes to this Privacy Policy will
become effective when we post the revised Privacy Policy on the Site. Your
use of the Site following these changes means that you accept the revised
Privacy Policy.
PERSONAL INFORMATION
==============================
Personal Information We Collect
-------------------------------
“Personal Information” is information that identifies you as an individual.
We and our service providers may collect Personal Information from you (either
directly or indirectly from third parties, e.g., as a result of a social media
platform provider being authorized to submit Personal Information to us),
including:
o Name
o Profile picture
o Postal address (including billing and shipping addresses)
o Telephone number (including mobile phone number)
o Email address
o Credit and debit card number
o Social media account ID
o Account number
Please note that we may use a third-party payment service to process payments
made through the Site. If you wish to make a payment through the Site, your
Personal Information may be collected by such third party and not by us, and
will be subject to such third party's privacy policy, rather than this Privacy
Policy. We have no control over, and shall not be responsible for, such third
party's collection, use and disclosure of your Personal Information.
If you submit any Personal Information of or relating to third parties to us
or our third-party service providers in connection with the Site, you represent
that you have the authority to do so and to permit us to use such information
in accordance with this Privacy Policy.
How We Collect Personal Information
-----------------------------------
We and our third party service providers may collect Personal Information in a
variety of ways, including:
o Through the Site: You may provide Personal Information to us through the
Site, e.g., when you ask for product information or make a purchase.
o From Other Sources: We may receive your Personal Information from other
sources, such as public databases; joint marketing partners; social media
platform providers; people with whom you are friends or otherwise
connected on social media platforms; and other third parties.
How We Use Personal Information
-------------------------------
Your Personal Information may be used:
o To operate the Site and provide related services, such as, for example,
completing and fulfilling your purchases, processing your payments,
delivering your orders to you, communicating with you regarding your
purchases, providing you with related customer service and initiating
refunds.
o To respond to your inquiries and fulfill your requests, such as, for
example, responding to your product information requests and registering
your products.
o To facilitate on-line product visualization applications and preferred
products catalogs.
o To send to you administrative information, for example, information
regarding the Site and changes to our terms, conditions, and policies.
o To send to you marketing communications that we believe may be of interest
to you.
o To personalize and optimize your experience on the Site by presenting
products and offers tailored to you and to help ensure that the Site is
of interest to you.
o To allow you to participate in sweepstakes, contests, incentive programs
and similar promotions and to administer these activities. Some of these
activities have additional rules, which could contain additional
information about how we use and disclose your Personal Information, so we
suggest that you read such additional rules carefully.
o To facilitate social sharing functionality.
o To allow you to send an electronic postcard or otherwise share a message
to a friend through the Site, as well as to allow you to provide us with
contact information of your friends who are interested in hearing from us.
By using these functionalities, you are telling us that you are entitled
to use and provide us with your friends' contact information.
o For our business purposes, such as data analysis, audits, developing new
products, product improvements and innovations, understanding consumer
preferences, enhancing the Site, improving our services (such as customer
service and product support), identifying usage trends, analyzing and
managing our businesses and determining the effectiveness of our
promotional campaigns.
o As we believe to be necessary or appropriate: (a) under applicable law,
including laws outside your country of residence; (b) to comply with legal
process; (c) to respond to requests from public and government
authorities, including public and government authorities outside your
country of residence; (d) to enforce our Terms of Use; (e) to protect
our operations or those of any of our affiliates; (f) to protect our
rights, privacy, safety or property, and/or that of our affiliates, you
or others; and (g) to allow us to pursue available remedies or limit the
damages that we may sustain.
How Personal Information Is Disclosed
-------------------------------------
Your Personal Information may be disclosed:
o To our affiliates for the purposes described in this Privacy Policy,
including to permit our affiliates to send marketing materials to you.
If you wish to opt-out from our sharing of your Personal Information with
our affiliates for their marketing purposes, please see the ,"Choices"
section below for information on how to opt-out.
o To our third-party service providers who provide services such as website
hosting (including dealer locater sites), data analysis, payment
processing, order fulfillment, infrastructure provision, IT services,
customer service, email delivery services, credit card processing,
auditing services, ethics hotline administration, human resource
functions administration, advertising provision, contests or incentive
program administration and other similar services to enable them to
provide services.
o To third parties sponsors of sweepstakes, contests, incentive programs and
similar promotions in which you participate through the Site.
o To identify you to anyone to whom you send an electronic postcard or
other message through the Site.
o To our third-party business partners with whom we provide co-branded
pages on the Site, if you choose to provide Personal Information through
such pages. Personal Information collected through these co-branded
pages is collected by us as well as by the applicable third-party
partner. Our collection, use and disclosure of the Personal Information
is subject to this Privacy Policy, and the third party's collection,
use and disclosure of the Personal Information is subject to its privacy
policy. We are not responsible for such third party's collection, use
and disclosure of your Personal Information.
o By you, on message boards, chat, profile pages and blogs and other
services to which you are able to post information and materials
(including, without limitation, our Social Media Pages). Please note
that any information you post or disclose through these services will
become public information, and may be available to visitors to the Site
and to the general public. We urge you to be very careful when deciding
to disclose your Personal Information, or any other information, on the
Site.
o To a third party in the event of any reorganization, merger, sale,
joint venture, assignment, transfer or other disposition of all or any
portion of our business, assets or stock (including in connection with
any bankruptcy or similar proceedings).
o As we believe to be necessary or appropriate: (a) under applicable law,
including laws outside your country of residence; (b) to comply with
legal process; (c) to respond to requests from public and government
authorities including public and government authorities outside your
country of residence; (d) to enforce our terms and conditions; (e) to
protect our operations or those of any of our affiliates; (f) to protect
our rights, privacy, safety or property, and/or that of our affiliates,
you or others; and (g) to allow us to pursue available remedies or limit
the damages that we may sustain.
OTHER INFORMATION
=================
Other Information We Collect
----------------------------
“Other Information” is any information that does not reveal your specific
identity or does not directly relate to an individual, such as:
o Browser and device information
o Information collected through cookies, pixel tags and other technologies
o Demographic information and other information provided by you
o Aggregated information
How We Collect Other Information
We and our third party service providers may collect Other Information in a
variety of ways, including:
o Through your browser or device: Certain information is collected by most
browsers or automatically through your device, such as your Media Access
Control (MAC) address, computer type (Windows or Macintosh), screen
resolution, operating system name and version, device manufacturer and
model, language, Internet browser type and version and the name and
version of the Site (such as the App) you are using. We use this
information to ensure that our Site functions properly.
o Using cookies: Cookies are pieces of information stored directly on the
computer that you are using for recordkeeping and other purposes. We and
our service providers may use cookies and other technologies to collect
information such as browser type, time spent on the Site, pages visited,
and language preferences, as well as to use the collected information for
security purposes, to facilitate navigation, to display information more
effectively, to personalize your experience while visiting the Site and
for online tracking purposes, among other things. Using cookies, we and
our service providers can recognize your computer to assist your use of
the Site, and can also gather statistical information about Site usage in
order to continually improve the design and functionality of the Site, to
understand how customers use the Site and to assist us with resolving
questions regarding the Site. Cookies further allow us to select which of
our advertisements or offers are most likely to appeal to you and display
them while you are on the Site. We may also use cookies in online
advertising to track consumer responses to our advertisements and we may
use cookies or other files to track your use of other websites.
If you do not want information collected through the use of cookies, there
is a simple procedure in most browsers that allows you to decline the use
of cookies. Please refer to your browser instructions or help screen to
learn more about such procedure. To learn more about cookies, please visit
http://www.allaboutcookies.org/. If you choose to decline cookies, some or
all of the features, functionality and promotions available through the
Site may not be available to you.
o Using pixel tags and other similar technologies: Pixel tags (also known
as web beacons and clear GIFs) may be used in connection with some Site
pages and HTML-formatted email messages to, among other things, track
the actions of Site users and email recipients, measure the success of
our marketing campaigns and compile statistics about Site usage and
response rates. Some uses of cookies and pixel tags in connection with
the Site may be under the control of unaffiliated third-party entities
that we retain to manage certain programs and fulfill specific visitor
requests. We cannot be responsible for third-party uses of cookies and
pixel tags.
o IP Address: Your "IP Address" is a number that is automatically assigned
to the computer that you are using by your Internet Service Provider
(ISP). An IP Address is identified and logged automatically in our server
log files whenever a user visits the Site, along with the time of the
visit and the page(s) that were visited. Collecting IP Addresses is
standard practice on the Internet and is done automatically by many web
sites. We use IP Addresses for purposes such as calculating Site usage
levels, helping diagnose server problems, and administering the Site.
o From you: Information such as your postal or zip code, as well as other
information, such as your date of birth and gender, is collected when you
voluntarily provide this information. Unless combined with Personal
Information, this information does not personally identify you or any
other user of the Site.
o By aggregating information: Aggregated Personal Information does not
personally identify you or any other user of the Site, (for example, we
may aggregated Personal Information to calculate the percentage of our
users who have a particular telephone area code).
How We Use and Disclose Other Information
-----------------------------------------
Please note that we may use and disclose Other Information for any purpose,
except where we are required to do otherwise under applicable law. If we are
required to treat Other Information as Personal Information under applicable
law, then, in addition to the uses listed in the "How We Collect Other
Information" section above, we may use and disclose Other Information for all
the purposes for which we use and disclose Personal Information.
In some instances, we may combine Other Information with Personal Information
(such as combining your name with your geographical location). If we combine
any Other Information with Personal Information, the combined information will
be treated by us as Personal Information as long as it is combined.
Third Party Sites
-----------------
This Privacy Policy does not address, and we are not responsible for, the
privacy, information or other practices of any third parties, including any
third party operating any site to which this Site contains a link. The
inclusion of a link on the Site does not imply endorsement of the linked site
by us or by our affiliates.
In some cases, we may provide hosting services for websites operated by third
parties (such as contractors who sell our products). We consider such sites to
be third-party sites, and the Personal Information that you provide through
such sites is collected by the applicable third party, and not by us. We are
neither responsible nor liable for any such third party's collection, use or
disclosure of your Personal Information. By hosting these third-party sites,
we are not endorsing any such sites or third parties, or making any
representations about their privacy practices. Please review the privacy
policies of such third parties for more information about their privacy
practices.
Third Party Advertisers
-----------------------
We may use third-party advertising companies to serve advertisements regarding
goods and services that may be of interest to you when you access and use the
Site and other websites, based on information relating to your access to and
use of the Site and other websites. To do so, these companies may place or
recognize a unique cookie on your browser (including through use of pixel tags).
If you would like more information about this practice and to learn about your
choices in connection with these practices, please visit
www.networkadvertising.org/managing/opt_out.asp and http://www.aboutads.info/.
Security
--------
Within our organization, we seek to use reasonable organizational,
technical and administrative measures to protect Personal Information under
our control. Unfortunately, no data transmission over the Internet or data
storage system can be guaranteed to be 100% secure.
Please note that we are not responsible for the data security measures of any
third parties, including any app provider, social media platform provider or
wireless service provider.
If you have reason to believe that your interaction with us is no longer secure
(for example, if you feel that the security of any account you might have with
us has been compromised), please immediately notify us of the problem by
contacting us in accordance with the "Contacting Us" section below.
Choices
-------
o Your choices regarding our use and disclosure of your Personal Information
If you do not wish to receive marketing-related emails from us, or if you
would prefer that we do not share your Personal Information with our
affiliates or with other third parties for such affiliates' or other
third parties' direct marketing purposes, you may opt-out of receiving such
marketing-related emails or from such sharing by contacting us in accordance
with the "Contacting Us" section below.
We will try to comply with your request(s) as soon as reasonably practicable.
Please note that if you opt-out as described above, we will not be able to
remove your Personal Information from the databases of our affiliates or other
third parties with which we have already shared your Personal Information
(i.e., to which we have already provided your Personal Information as of the
date that we implement your opt-out request). Please also note that if you do
opt-out of receiving marketing-related messages from us, we may still send you
important administrative messages, and you cannot opt-out from receiving
administrative messages.
o How you can access, change or suppress your Personal Information
If you would like to review, correct, update, suppress, or delete Personal
Information that has been previously provided to us by you, or object to the
processing of the Personal Information you have provided to us, you may contact
us by contacting us in accordance with the "Contacting Us" section below
In your request, please make clear what Personal Information you would like to
have changed, whether you would like to have your Personal Information that
you have provided to us suppressed from our database or otherwise let us know
what limitations you would like to put on our use of your Personal Information
that you have provided to us. For your protection, we may only implement
requests with respect to the Personal Information associated with the
particular email address that you use to send us your request, and we may need
to verify your identity before implementing your request. We will try to
comply with your request as soon as reasonably practicable.
o Retention Period
We seek to retain your Personal Information for the period necessary to
fulfill the purposes outlined in this Privacy Policy unless a longer retention
period is required or not prohibited by law.
o Use of Site by Minors
The Site is not directed to individuals under the age of thirteen (13), and we
request that these individuals do not provide Personal Information through the
Site.
o Cross-Border Transfer
Your Personal Information may be stored and processed any country where we
have facilities or in which we engage service providers, and by using our Site
you consent to the transfer of information to countries outside of your
country of residence, including the United States, which may have different
data protection rules than in your country.
o Sensitive Information
We ask that you not send us, and you not disclose, any sensitive Personal
Information (e.g., social security numbers, information related to racial or
ethnic origin, political opinions, religion or other beliefs, health or
criminal background) on or through the Site or otherwise to us.
o Contacting Us
If you have any questions about this Privacy Policy or how we process your
Personal Information, please contact us by email at [email protected],
or please write to the following address:
[email protected]
Please note that email communications are not always secure; so please do not
include credit card information or sensitive information in your emails to us.
################################################################################
## ##
## TERMS OF USE ##
## ##
################################################################################
Welcome to the Web site for SMM Lords, Inc, at www.smmlords.com (Web Site or
Site). We maintain this Site for general promotional, investor relations and
public information purposes. The following Terms of Use (Terms) apply to your
use of this Site. Please read them carefully! By using this Web Site, you are
agreeing to be bound by these Terms. You may not use this Site if you do not
agree to these Terms.
Unless the context indicates otherwise, as used in these Terms,
(i) “SMM Lords,” “us,” “we” and “our” refer to SMM Lords, Inc. and its
subsidiaries and affiliates and (ii) “Content” refers to any or all text,
documents, photographs, images, graphics, logos, emblems, designs, layouts,
trademarks, trade names, service marks, copyrighted materials, audio and video
presentations and other information provided by us on or through this Web Site,
including user interfaces and the selection, coordination and arrangement of
such information.
Intellectual Property
---------------------
The Content provided on this Web Site is copyrighted by SMM Lords or our third
party licensors and is protected from copying, reproduction, modification,
distribution, display, performance or transmittal for any purpose under
United States and international copyright laws.
The trademarks, trade names, service marks, product packaging, designs and
corporate logos and emblems displayed on this Site belong exclusively to
SMM Lords or our third party licensors and are protected from reproduction,
imitation, dilution, or confusing or misleading uses under United States and
international trademark laws.
Nothing stated or implied on this Site confers on you any license or right
under any copyright, trademark or service mark of SMM Lords or any third
party. Unauthorized use of this intellectual property is expressly prohibited
and may be a violation of law.
Permitted and Prohibited Uses
-----------------------------
You may view and make one electronic or paper copy of the information posted
on any screens of this Web Site, provided that you use the copy solely for
your personal, informational and non-commercial purposes and that you (i)
keep all copyright and other proprietary notices intact, (ii) do not modify
the Content or use it in a manner that suggests an association with any of our
products, services or brands and (iii) do not download quantities of the
Content to a database that can be used to avoid future downloads from this
Site.
You may not reproduce, copy, upload, post, transmit, display or otherwise
redistribute any materials or design elements of this Site for commercial
purposes without our prior written consent.
You may not (i) decompile, disassemble or reverse engineer this Web Site or
otherwise attempt to determine the source code or trade secrets of the Site,
(ii) violate or attempt to violate the security of the Site or (iii) otherwise
disrupt or interfere with the operation of the Site.
Forums and Public Communication
-------------------------------
This Site may enable users to submit their own content to a chat area,
message board or e-mail function (“forum”). Any forum on the Site is a free
service to enable you to share comments about products and services available
on our Site. If you participate in a forum within the Site, any information
you disclose in such a submission may be publicly available and you should
exercise caution in deciding whether to disclose any personal, financial or
other sensitive information there. By uploading or submitting any materials to
a forum, you automatically grant (or warrant that the owner of such materials
expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive
right and license to use, display and distribute such materials or
incorporate such materials into any form now known or later developed.
SMM Lords cannot prevent other persons who access this Site from using
submissions and personal information they find here, even if their use of that
information violates the law or your personal privacy and safety.
When participating in a forum, you should not assume that people are who they
say they are, know what they say they know or are affiliated with whom they
say they are affiliated. Information obtained in a forum may not be reliable
and it is not a good idea to trade or make any investment or other decision
based solely or largely on information you cannot confirm. We cannot be
responsible for the content or accuracy of any information and shall not be
responsible for any trading, investment or other decisions made based on such
information.
SMM Lords is proud to provide a forum for you to air your opinions on the
topics and items we feature. While we appreciate your time and comments, we
request that you refrain from including the following in your posts:
(i) profanity, obscenities, hateful, threatening or harassing comments or
images; (ii) discussion of illegal activities or intent; (iii) solicitations
for commercial activities or other statements that do not generally relate to
the designated topic of the forum; (iv) personally identifiable information
such as phone numbers, addresses or URLs; (v) any information that violates
any right of a third party or any law; and (vi) any software or other
materials that contain a virus or other harmful component. SMM Lords reserves
the right to edit or remove content from any forum at any time and for any
reason.
A testimonial board post is not an effective way to tell us you need help
with an order or Site feature. If you'd like to tell us about a specific
problem, please e-mail us. SMM Lords disclaims liability for any failure on
its part to provide help with a specific problem disclosed on this Site.
Disclaimer of Warranties
------------------------
In preparing this Web Site, we have tried to assure that the information
posted is accurate, complete and current as of the dates indicated on the
screens and that your use of the Site will be uninterrupted and error-free.
However, we make no guarantees or warranties of any kind, express or implied,
regarding the Content or operation of the Site. You access and use this Site
at your own risk. The Content (including all information available on or
through the Site) is provided “AS IS” and we are not responsible for its use
or misuse. Access to this Site from locations where the Content may be illegal
is prohibited and you are responsible for compliance with applicable local
laws. You are also responsible for taking all necessary precautions to assure
that any material you obtain from this Site is free from computer viruses,
worms, Trojan horses or other destructive devices.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM, TO THE MAXIMUM
EXTENT PERMITTED BY LAW, ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE (INCLUDING SUITABILITY OF THE SITE FOR YOUR
NEEDS OR REQUIREMENTS OR THOSE OF ANY OTHER PERSON), (II) WARRANTIES AGAINST
INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS,
(III) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR
COMPLETENESS OF THE CONTENT, (IV) WARRANTIES RELATING TO THE OPERATION OF
THE SITE (INCLUDING DELAYS, INTERRUPTIONS, ERRORS, VIRUSES, DEFECTS OR
OMISSIONS) AND (V) WARRANTIES OTHERWISE RELATING TO PERFORMANCE,
NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY.
Links from this Web Site
------------------------
We have provided hyperlinks from this Web Site to selected third party Web
sites as a convenience to you. However, by providing such links, we are not
endorsing such third parties or their Web sites. We are not responsible for
and make no representations about the contents or use of such hyperlinked
third party sites or any further links contained there to other sites. If you
use a Web site that is hyperlinked to this Web Site, you do so at your own
risk; we are not responsible for assuring that hyperlinked sites are free from
computer viruses, worms, Trojan horses or other destructive devices. We may
discontinue our hyperlinks to any third party site at any time without notice
or obligation to you.
Links to this Web Site
----------------------
If you wish to provide a hyperlink from your Web site to this Web Site,
you may do so only under the following conditions: (i) links to our Site can
be text- or image-based; (ii) the link can “point” to the homepage URL
www.smmlords.com or to deeper pages within our Site; (iii) when selected by
a user, the link must display our Site on full-screen and not within a
“frame” on the linking site; (iv) the appearance, position and other
attributes of the link may not imply that you or any related organizations
or entities are endorsed or sponsored by, affiliated with, or associated
with us; (v) the appearance, position and other aspects of the link may not
be such as to damage or dilute the goodwill associated with our names and
trademarks; (vi) the linked site may not contain content that could be
construed as distasteful, offensive or controversial or that is not
appropriate for all age, racial, religious and other groups protected by law;
and (vii) we reserve the right to revoke our consent to the link at any time
in our sole discretion and you will remove the link immediately upon our
request. By linking your Web site to ours, you are agreeing to be bound by
these terms.
Questions and Comments
----------------------
We welcome questions, comments and other feedback about this Web Site and
about our products and services. However, please be aware that we will treat
all such communications as non-confidential and may reproduce, use, disclose
and distribute them without notice or obligation to you.
Changes to this Site or these Terms
-----------------------------------
We may change or discontinue this Web Site at any time without prior notice or
obligation to you. We may also change these Terms at any time without prior
notice or obligation and your continued use of the Site after such changes
have been posted will constitute your acceptance of the changes.
Limitation of Liability
-----------------------
We specifically disclaim all liability (whether based in contract, tort,
negligence, strict liability, by statute or otherwise) for any direct,
indirect, incidental, consequential, punitive or special damages arising out
of or relating to your access to and/or use of this Web Site (including those
arising from your reliance on the Site Content or on any products or services
obtained through the use of this Site, lost data, computer viruses or other
destructive devices, and delays, breakdowns or interruptions in the use of
the Site for any reason whatsoever).
Governing Law
-------------
These Terms will be governed by and construed in accordance with the laws of
the State of California and the United States of America, without reference to
any choice of law rules under California law. You agree that any action at law
or in equity arising out of or relating to these Terms or relating to your use
of this Web Site will be filed only in the state or federal courts located in
San Jose, California and you agree to submit to the personal jurisdiction of
such courts for the purposes of litigating any such action.
These Terms may be supplemented by additional terms posted at other locations
on this Site, but these Terms will supersede in the event of a conflict with
such additional terms. These Terms and such additional terms constitute our
entire agreement with you regarding your use of this Web Site.
Violations
----------
We reserve the right to seek all remedies available at law and in equity for
violations of these Terms, including suspension or blocking of your access to
this Web Site. Our failure to enforce any provision of these Terms will not
constitute a waiver of such provision or of our legal or equitable rights.
You agree to defend and indemnify us and our directors and employees from and
against any and all damages, claims, liabilities and costs arising directly or
indirectly from your violation of these Terms or your use of this Site.
Questions
---------
If you have any questions about these Terms or this Web Site, please contact us.
