Terms of Use Agreement between Smash Therapy, Inc. D/B/A Smash Solutions (“Smash Solutions”) and User:

Read This Terms of Use Agreement Before Accessing Website.

Effective Date:  This Terms of Use Agreement was last updated on August 6th, 2020.

This Terms of Use Agreement sets forth the standards of use of the Smash Solutions Online Service for Registered Members. Smash Therapy, Inc. D/B/A Smash Solutions is the operating company, of which smash-solutions.com is its primary operating service. Through smash-solutions.com (the “Site”) you have access to content, documents, materials, information, products and services (collectively “Content”).  By using the Site, you (the “User”) agree to follow and be bound by the following terms and conditions concerning your access to and use of the Site and the Content provided by our Terms and Use.  If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice.  Modifications shall become effective immediately upon being posted on the Site.  Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

  1. 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.

  1. 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.    

  1. 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. 

  1. Indemnification

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. 

  1. 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. 

  1. Third-Party Sites 

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties.  You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site.  You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.  Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Users to review said privacy policies of third-parties’ sites.  If you choose to purchase any products or services from a third party, your relationship is directly with the third party.  You agree that Smash Solutions is not responsible for (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services.  You agree that Smash Solutions is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

  1. Non-Competition 

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.

  1. Governing Jurisdiction of the Courts of New York

Our website is operated and provided in the State of New York.  As such, we are subject to the laws of the State of New York, and such laws will govern this Terms of Use, without giving effect to any choice of law rules.  We make no representation that our website or other services are appropriate, legal or available for use in other locations.  Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of New York.  

  1. 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. 

  1. 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.

  1. 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

  1. Disclaimer

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.

  1. Other Terms 

You hereby grant Smash Solutions a license to use and display your name and logo on its website for marketing purposes. If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.  You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Smash Solutions, in our sole discretion, to a third party in the event of a merger or acquisition.  This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User.

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