Terms of Use

This website, www.smarterway.ai, and its various related services (together referred to as the "Site") are operated by Gate58 Marketing, LLC (referred to as "we", "our", or the "Company"). This is a binding agreement between you, the user, and the Company. By using the Site, you agree to be bound by these Terms of Use (referred to as the "Terms"), as these Terms may be amended by Company from time to time in its sole discretion. It is your responsibility to review these Terms and if at any time you find these Terms unacceptable, you must immediately leave the Site and cease all use of the Site. YOU AGREE THAT BY USING THE SITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

We may ask you to provide personal information in order for you to engage in activities on our Site. All personal information submitted by you is governed by our Privacy Policy. Please review the Privacy Policy before you proceed to use this Site. Company's Privacy Policy is expressly incorporated into this agreement as part of the Terms of Use by this reference. When you are required to register to use or access the Site, you must complete the registration process by providing complete and accurate information. You may also be required to set up an account and provide a username and password, in which case you are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately of any unauthorized use of your account, username, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.

All pages within this Site and any material made available for download (referred to as the "Site Content") are the property of Company, or its affiliates, third-party content providers, partners, or vendors. If you download any Site Content after registering with us, such Site Content is deemed to be licensed to you by Company for your personal, noncommercial, home use only. Company retains full and complete title to the Site Content as well as all intellectual property rights therein. You may not sell, reprint, redistribute, or modify the Site Content. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials. Any rights not expressly granted by these Terms are reserved by Company. All trademarks, service marks, and logos used in this Site are the trademarks, service marks, or logos of their respective owners and you may not copy or use them in any manner.

You acknowledge that all personal information submitted by you is true and correct and that any information voluntarily submitted by you, including reviews, comments, suggestions, ideas, or questions (referred to as "User Content"), is and will not be considered confidential or proprietary. You acknowledge that any User Content provided by you does not contain information that is defamatory, illegal, infringing on any intellectual property rights, or injurious to any party. By voluntarily posting or submitting User Content, you grant Company and its affiliates a non-exclusive, perpetual, royalty-free, worldwide, licensable, and irrevocable right to use, publish, distribute, translate, create derivative works, adapt, sell, perform, reproduce, modify, and display User Content. You also grant Company the right to use the name you submit in association with User Content and the right, but not obligation, to remove or edit User Content for any reason. You are solely responsible for your Content; Company and its affiliates assume no liability for your Content.

If you have evidence or a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material claimed to be infringed and information sufficient to permit Company to locate it; (d) information sufficient to permit Company to contact you, such as an address, telephone number, and email address; (e) a statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner. For this notification to be effective, you must provide it to info@smarterway.ai. Company reserves the right to terminate your use of the Site immediately, with or without notice, and without liability, if Company believes that you have violated any of the Terms, furnished false or misleading information, or interfered with use of the Site by others.

Company has no control over, and no liability for, any third-party websites or materials. Because neither Company nor the Site has control over the content and performance of partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. From time to time in connection with your use of the Site, you may have access to content items owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content.

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. Although we attempt to ensure the integrity and accurateness of the Site, we make no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions, and alterations could be made by third parties. Information contained on the Site may be changed or updated without notice.

OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GATE58 MARKETING, LLC AND ITS AFFILIATES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES AND AGENTS ARE NEITHER RESPONSIBLE NOR LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE SITE, SITE-RELATED SERVICES, OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

We are not a party to any agreements entered into between you and any third-party vendors from the Site and have no control over the quality of products or services provided by those partners or vendors. You agree that you release Company, its affiliates, officers, directors, members, managers, employees, or agents from all claims, demands, and damages of every form, known and unknown, suspected and unsuspected, arising out of or in any way connected with your relationship with our third-party vendors, or the products or services provided by those vendors. Company shall also not be liable for any claims or actions brought by its vendors against you.

Company imposes certain restrictions on your permissible use of our Site. You are prohibited from violating or attempting to violate any security features of our Site, including without limitation: (a) accessing content or data not intended for you, or logging onto a server that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of our Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including by means of submitting a virus, overloading, flooding, spamming, mail bombing, or crashing; (d) using our Site to send unsolicited email, including promotions or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or posting; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce any of the source code used by Company in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.

You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, members, managers, employees, agents, and representatives from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim.

These Terms shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Mateo County, California, USA in all disputes arising out of or related to the use of the Site.

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

These Terms constitute the entire agreement between Company and you pertaining to the subject matter of this agreement. Company may, in its sole discretion and without prior notice, (a) revise these Terms; (b) modify the Site; and (c) discontinue the Site at any time. Company shall post any revision to these Terms to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.