Terms of Use and Product Review Disclosure

If you do not agree to the Terms of Use and Product Review Policy, stop using this website immediately!

By using this website, you signify your Assent and Agreement to these Terms of Use. If you do not agree to these Terms of Use, please do not use the site.

DKSmith.com was created to provide information and services to the web community related to digital and off-line marketing. While DKSmith.com intends to keep the information at this site accurate and timely, we cannot guarantee either. The information on this site is provided “as is.”

DKSmith.com makes no warranty, guarantee or promise, express or implied, as to the information presented on the DKSmith.com web site, “DKSmith.com” or any of the sub-pages that make up the site.

DKSmith.com shall not be liable under any circumstances for any claims arising directly or indirectly from information presented herein. The information is presented for informational purposes only. Please check this Agreement periodically for changes as DKSmith.com reserves the right to revise this Agreement and your continued use of this site following the posting of any changes to the Agreement constitutes acceptance of such changes. DKSmith.com reserves the right to terminate a User’s use of this site at any time without notice and may do so for any breach of this Agreement or the instructions on this site by a User. This Agreement applies to licensors and advertisers as well.

Restrictions on Use of Materials

Except as may be explicitly permitted through this site, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from DKSmith.com is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.

Disclosure Policy for Product Reviews

The Federal Trade Commission requires that I disclose any relationship I have between a product manufacturer or service provider when I write about a product or service. Here are the guidelines I operate under at DKSmith.com:

I am never paid to do a review. I never accept money to review a product or service. I invest my own time to review and test products.
Very rarely do I request a product. In almost all cases, I pay for the products and services I test. They are typically not given to me by the manufacturer. If I feel there’s a product you might benefit from, and it is an expensive product or service that I do not need for myself or our company, then I might ask the manufacturer to send me the product or provide free access to the service.
I don’t return the products after I test them. In certain cases, the product is used up or destroyed. In other cases, the product may get damaged during the testing. I don’t have the staff or the resources to process the return of the products.
If I create a link to a product in a review, sometimes I may get paid a commission if you purchase the product or service. Any payment that I might receive has no bearing on the review. I only recommend products and services that I have used and genuinely believe are superior.

It’s important for you as a consumer to understand the relationship between a person reviewing the product, and the manufacturer or service provider. If you don’t see a disclosure policy as part of a review of a product or service, or on the reviewer’s website, that reviewer may be violating the law or at the least, the Code of Ethics.

Third Party Websites

You may be transferred to online merchants or other third party sites through links from this website. You are cautioned to read such sites’ Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of DKSmith.com, are not monitored or reviewed by DKSmith.com, and DKSmith.com is not aware of the contents of such sites. You acknowledge that DKSmith.com is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. The inclusion of such a link does not imply endorsement of this site by DKSmith.com, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that DKSmith.com and its licensors have no liability whatsoever from such third party sites and your usage of them.

Database Ownership, License, and Use

Except with regard to personal information, all information that you post on this site or communicate to DKSmith.com through this site (collectively “Submissions”) shall forever be the property of DKSmith.com. DKSmith.com shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Company services or products. Without limitation, DKSmith.com shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party.

Trademarks

DKSmith.com’s, licensors’ or other third party materials, services or products referenced on this site are common law or registered trademarks or service marks of such parties.

Disclaimer of Warranties

DKSmith.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SUCH SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

DKSmith.com MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. DKSmith.com DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH EVENT THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

Your use of this site is solely at your risk. User agrees that it has relied on no warranties, representations or statements other than in this Agreement. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you but shall apply to the maximum extent permitted by law of your jurisdiction.

Limitation of Liability

Under no circumstances shall DKSmith.com, advertisers and/or its licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from, or arise out of the use of, or inability to use, this site, the information contained on or received through use of this site, or any services or products received through this site.

This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if DKSmith.com, advertisers and/or its licensors have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, DKSmith.com, advertisers and/or its respective licensors’ liability in such jurisdictions shall be limited to the maximum extent permitted by law of your jurisdiction.

Indemnification

You agree to defend, indemnify, and hold harmless DKSmith.com, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. DKSmith.com reserves the right; at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with DKSmith.com in asserting any available defenses.

Legal Compliance

DKSmith.com may suspend or terminate this Agreement or User’s use immediately upon receipt of any notice which alleges that User has used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. In such event, DKSmith.com may disclose the User’s identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and DKSmith.com shall not be liable for damages or results thereof and User agrees not to bring any action or claim against DKSmith.com for such disclosure.

Choice of Law and Forum

This site (excluding third party linked sites) is controlled by DKSmith.com from its offices within the State of New York, U.S. of America. It can be access from all 50 states as well as from other countries around the world to the extent permitted by site. As each of these places has laws that may differ from New York, by accessing this site, both you and DKSmith.com agree that the statues and laws of New York shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. You and DKSmith.com also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of New York and any legal proceedings shall be conducted in English. DKSmith.com makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.

Miscellaneous

These Terms of Use will apply to every access to DKSmith.com. DKSmith.com reserves the right to issue revisions to these Terms of Use by publishing a revised version of this document on this site: that version will then apply to all use by you following the date of publication. Each access of information from DKSmith.com will be a separate, discrete transaction based on the then prevailing terms. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of New York, as it is applied to agreements entered into and to be performed entirely within such jurisdiction. To the extent you have in any manner violated or threatened to violate DKSmith.com and/or its affiliates’ intellectual property rights, DKSmith.com and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of New York, and you consent to exclusive jurisdiction and venue in such courts. Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Kings County, State of New York. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Kings County, State of New York, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.

Severability

You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the Agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

Waiver

The failure of DKSmith.com to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of DKSmith.com thereafter to enforce such provisions.

Force Majeure

DKSmith.com will make every effort to keep its web site and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold DKSmith.com liable for any of the consequences of such interruptions.

No Third Party Beneficiaries

Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.