Description of Service / Price / Terms / Renewal
Smash Solutions is providing User with online assistance in starting and operating your rage room through this online course (the “Services”). There is a charge to you for using the Services. User shall pay a one-time fee of $199 for the Services charged directly to your credit/debit card or other form of payment. User hereby authorizes Smash Solutions to charge User’s credit/debit card or other form of payment for said one-time fee. Smash Solutions has the right and without notification to increase the number or different types of Services as well as decrease the numbers and/or types of Services. This does not modify or release in any way the subscriber from the agreement.
Disclaimer of Warranties.
The site is provided by Smash Solutions on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Smash Solutions makes no representations or warranties of any kind, express or implied, regarding the use or the results of this Site in terms of its correctness, accuracy, reliability, or otherwise. Smash Solutions shall have no liability for any interruptions in the use of the Site. Smash Solutions disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore in some jurisdictions, the above-referenced exclusion is inapplicable. In no way shall Smash Solutions be deemed to be providing any legal advice. Always consult your own attorney before implantation as laws may vary depending on jurisdiction.
Limitation of Liability
SMASH SOLUTIONS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR SMASH SOLUTIONS SHALL NOT BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF SMASH SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE, IN SOME JURISDICTIONS, SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.
User agrees to indemnify and hold Smash Therapy, Inc. D/B/A Smash Solutions, smash-solutions.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Service, the violation of this Agreement, or infringement by User, or other user of the Service using User’s computer, of any intellectual property or any other right of any person or entity.
Modifications and Interruption to Service
Smash Solutions reserves the right to modify or discontinue the Service with or without notice to the User. Smash Solutions shall not be liable to User or any third party should Smash Solutions exercise its right to modify or discontinue the Service. User acknowledges and accepts that Smash Solutions does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
User will not, for himself or herself or on behalf of any other person or entity, in any way compete, within a radius of one-hundred fifty (150) miles from 1225 Jefferson Rd, Suite 18, Rochester, NY 14623, for a period of three (3) years with the business then done or intended to be done by Smash Solutions, including calling upon any customer of Smash Solutions for the purpose of soliciting or providing to such customer any products or services which are the same as or similar to those provided or intended to be provided by Smash Solutions.
In the event of a breach or threatened breach of any of the terms of this section 7 of the Agreement, Smash Solutions shall be entitled to an injunction restraining User from committing any breach of this Agreement without showing or proving any actual damages and without diminishing any other right or remedy which Smash Solutions may have at law or in equity to enforce the provisions of this Agreement. User waives any right he or she may have to require Smash Solutions to post a bond or other security with respect to obtaining or continuing any injunction or temporary restraining order and, further, releases Smash Solutions and its officers and directors from and waives any claim for damages against them which he or she may have with respect to Smash Solutions’ obtaining any injunction or restraining order pursuant to this Agreement.
Governing Jurisdiction of the Courts of New York
Compliance with Laws.
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
All content included or available on this Site, including site design, text, graphics, interfaces, materials, documents, videos, forms, information and the selection and arrangements thereof is the property of Smash Solutions and/or third parties protected by intellectual property rights. Any unauthorized use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein.
It will be extremely difficult to determine the actual damages that may result from User’s breach of this section 10 of the Agreement, therefore, in the event of a breach User shall pay to Smash Solutions liquidated damages in the amount of $5,000.
Smash Solutions and smash-solutions.com are proprietary marks of Smash Solutions. Smash Solutions’ trademarks may not be used in connection with any product or service that is not provided by Smash Solutions in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Smash Solutions, or smash-solutions.com’s service.
All other trademarks displayed on the smash-solutions.com website are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Smash Solutions.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Smash Solutions designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
Brett E. Dawson, Esq.
Dawson Law Firm, P.C.
1844 Penfield Road
Penfield, New York 14526
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SMASH SOLUTIONS MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (C) THE QUALITY OF ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.