USER IS ADVISED TO READ THE TERMS OF SERVICES WITH UTMOST CARE BEFORE VISITING SMOHUB.COM AND ITS SERVICES. AN ACT OF CONTINUING TO STAY AT AND USE SMOHUB.COM AND SUBSCRIBING TO ANY PACKAGE OFFERED THROUGH THIS WEBSITE SHALL BE PRESUMED THAT THE USER AGREES TO ABIDE BY ALL THE PROVISIONS OF THE TERMS OF SERVICE. PLEASE NOTE THAT THE TERMS OF SERVICES ARE BINDING ON THE USER.
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3. Services and warranties:
The client agrees not to use the Services for any purpose not compliant with the laws for the time being in force in the United States and with the public policy.
4. Payments and refunds:
4.1 The price for various packages is provided on the pricing page: https://SMOHUB.com/pricing. SMOHUB reserves the right to modify such price from time to time without serving a prior notice. The price or payment shall refer to the updated price of the package.
4.2 The pricing page forms the part of the TOS.
4.3 SMOHUB accepts payments through Paypal and Credit Cards.
4.4 The payment made for the Services by the client to SMOHUB is not refundable unless SMOHUB fails to deliver the job as per the description after confirmation.
4.5 The user shall prefer to use SMOHUB dispute resolution arrangements if a dispute arises.
4.6 The user, without contradicting to the terms and conditions of PayPal, agrees not to dispute any PayPal transaction with SMOHUB unless SMOHUB dispute resolution arrangements fail to address the legitimate claims of the client.
4.7 The client is advised for his/her own benefits to understand all aspects of the transactions and have an independent legal opinion before making a final decision to subscribe to the Services. SMOHUB owns no liability if you omit to read the TOS.
5. General Terms
5.1 SMOHUB reserves the right to revise, amend, change, alter, replace, withdraw and declare not-applicable any of the provisions of the TOS without serving a prior notice. Such revision, amendment, change, alteration, replacement, withdrawal or inapplicability shall come into force soon after it is posted on the TOS page.
5.2 SMOHUB reserve the right to terminate, amend, modify or make unavailable any of part or feature of the Services without notice. The user who has made the payment for the Services is entitled to demand the Service as prescribed at the time of the order or the refund.
5.3 SMOHUB offers the Services to the users having legal qualification to enter into the contract as to the age and solvency. If you do not have such qualification, SMOHUB hereby advised you not to use the Services. SMOHUB disclaims all the liabilities whatsoever.
5.4 The user is prohibited to use SMOHUB in a manner that can cause damage, disable, impair or overburden it or interfere with the use of any other user of SMOHUB.
5.5 The user is forbidden hereby to employ any robot, spider, any automatic device or manual process or means to access SMOHUB.com for any purpose, including but not limited to copying or monitoring any of the material on SMOHUB.com without prior consent of SMOHUB.
5.6 The user is prohibited to use any device or software that interfere with or obstruct proper functioning of boosltikes.com
5.7 The user is not allowed to introduce any malicious or harmful material into SMOHUB.com.
5.8 The user expressly prohibited to maneuver to obtain an unauthorized access to, interfere with, damage, or disrupt any part of the Services, SMOHUB.com, its host server or any affiliated database, computer or server.
5.9 Subject to any additional or separate written agreement, the TOS constitutes the entire agreement between SMOHUB and you with respect to the Services.
5.10 The headings, subheadings and numbers in the TOS are for convenience of the reader and reference only, and they do not aim to limit, construe, define, or determine the scope of the provisions herein contained.
5.12 If SMOHUB fails to enforce any right available at the TOS, any additional agreement or any law for the time being in force, it shall neither imply that SMOHUB waives the right nor deprive its entitlement to enforce such right subsequently.
5.13 SMOHUB may assign any right arising from the TOS to any person or entity. The user agrees not to assign the right available at the TOS to any person or entity.
6. Governing Law, Jurisdiction and Service of Notice
6.1 All disputes arising from the TOS shall be resolved by an independent arbitration.
6.2 In case, the arbitration fails to resolve the dispute, the matter may be brought before the court having competent jurisdiction in Los Angeles.
6.3 The user expressly agrees that the TOS shall be governed by the relevant laws for the time being in force in the State of California, US.
6.4 The courts having competent jurisdiction in Los Angeles shall have exclusive jurisdiction to hear the disputes arising from the TOS.
6.5 All the notices or correspondence required to be made hereby or by the relevant law for the time being in force shall be presumed to be delivered if sent to the official email of SMOHUB or any authentic postage service.
6.6 In case the communication is made through postage service, the communication shall be presumed to be complete after five (5) business days of the posting.
7. Copyrights and Intellectual Property Rights:
7.1 SMOHUB strictly adheres to non-infringement of copyrights, and believes it has not violated any rights belonging to any other party during the course of its business and provision of the Services. In case any person or entity has a proof of the infringement of the rights by SMOHUB, he/she/it shall serve the notice on us. We shall resolve the matter within fourteen (14) days of the receipt of such notice.
8. Intellectual Property Rights
8.1 All the material contained in SMOHUB.com, including, without limitation, the content, software, images, drawings and design, is the sole property of SMOHUB and is protected by the copyright protection laws for the time being in force in the United States and by the relevant International Treaties. No user is allowed to copy, reproduce, distribute, reprint, host or use in any other manner without the written approval of SMOHUB.
8.2 In the event of infringement of our rights, we shall take strict legal action, and shall also claim compensation.
8.3 SMOHUB reserves the rights not hereby claimed.
9.1 The user hereby agrees to indemnify and hold SMOHUB, its directors, affiliates, agents, employees and staff harmless from any claim, legal action, demand or damages made by any third party arising out or linking to the user’s enjoyment of the Services, or violation of the TOS committed an act of omission or commission of the user or infringement of rights of third party arising out of any contract with such third party.
10.1 Extent of Liability: Unless provided otherwise in the TOS or any other additional or separate agreement, the aggregate liability of SMOHUB with respect to the Services for all claims shall not be in excess of the original price of the Services the user has paid to SMOHUB for the job from which the dispute, claim or demand has arisen.
11.1 In case, any provision of the TOS is found to be unenforceable, void or invalid in any given circumstances, it shall be severed from the TOS, and the remaining terms will be enforceable and valid without any effect.
12. Confidential Information:
12.1 Parties agree not to disclose the confidential information of each other without written permission of the concerned party unless required by competent governmental authorities. Such confidential information includes, without limitation, the business secrets and strategies and identifiable information of the clients.
13.1 For all communication relating to the operation of the TOS the following email addresses shall be used: sales@SMOHUB.com