Conditions of Use
Welcome to this website, which is sponsored by DataSmart Solutions and/or one of its affiliated entities. This website provides its services to you subject to the following conditions. If you visit this website, you accept these conditions. Please read them carefully.
Please review our Privacy Notice, which also governs your visit to this website and affiliated websites, to understand our practices.
When you visit either thinkdatasmart.com or the websites of any of the DataSmart Solutions affiliated entities, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, audio clips, digital downloads, data compilations, and software, is the property of DataSmart Solutions and its affiliates, or its content suppliers, and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of DataSmart Solutions and its affiliates and is protected by United States and international copyright laws. All software used on this site is the property of DataSmart Solutions and its affiliates, or its software suppliers, and is protected by United States and international copyright laws.
DataSmart Solutions graphics, logos, page headers, button icons, scripts, and service names indicated on our site are trademarks of DataSmart Solutions, its subsidiaries and affiliates, or the site's content providers. These trademarks may not be used in connection with any product or service that is not DataSmart Solutions' or one of its affiliates' in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DataSmart Solutions, its subsidiaries, or its affiliates. All other trademarks not owned by DataSmart Solutions, its subsidiaries, or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DataSmart Solutions, its subsidiaries, or its affiliates.
License and Site Access
DataSmart Solutions and its affiliated entities grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of DataSmart Solutions. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of DataSmart Solutions. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of DataSmart Solutions, its subsidiaries, or its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing DataSmart Solutions' name, the name of any of its affiliated entities, or trademarks without the express written consent of DataSmart Solutions. Any unauthorized use terminates the permission or license granted by DataSmart Solutions and its affiliates. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of thinkdatasmart.com and/or its affiliated websites so long as the link does not portray DataSmart Solutions, its subsidiaries, or its affiliates, or their products or services, in a false, misleading, derogatory, or otherwise offensive manner. You may not use any DataSmart Solution logo or other proprietary graphic or trademark as part of the link without express written permission.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. DataSmart Solutions reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant DataSmart Solutions, its subsidiaries, and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant DataSmart Solutions, its subsidiaries, its affiliates, and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify DataSmart Solutions, its subsidiaries, and its affiliates for all claims resulting from content you supply. DataSmart Solutions has the right, but not the obligation, to monitor and edit or remove any activity or content. DataSmart Solutions and its affiliates take no responsibility, and assume no liability, for any content posted by you or any third party.
Accuracy of Information
DataSmart Solutions, its subsidiaries, and its affiliates attempt to be as accurate as possible. However, neither DataSmart Solutions, its subsidiaries, nor its affiliates warrant that the content of this site is accurate, complete, reliable, current, or error-free.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY DataSmart Solutions AND/OR ONE OF ITS AFFILIATED ENTITIES ON AN "AS IS" AND "AS AVAILABLE" BASIS. DataSmart Solutions AND ITS AFFILIATED ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DataSmart Solutions AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DataSmart Solutions AND ITS AFFILIATES DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM thinkdatasmart.com OR AFFILIATED WEBSITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER DataSmart Solutions NOR ANY OF ITS AFFILIATED ENTITIES WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting this website, you agree that the laws of the state of Utah, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and DataSmart Solutions, its subsidiaries, or its affiliates.
Any dispute relating in any way to your visit to this website shall be submitted to confidential arbitration in Salt Lake City, Utah, except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of DataSmart Solutions and/or its affiliated entities, DataSmart Solutions and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the state of Utah, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modification, and Severability
Nonaffiliated Third Parties to Whom Disclosures May Be Made
Information about our customers is an important part of our business, and we are not in the business of selling it to others. We share customer information only as described below and with subsidiaries that DataSmart Solutions controls that either are subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice.
We may disclose nonpublic personal information about you, such as we have described above, to insurance companies, general agencies, and other insurance-related entities that perform marketing services on our behalf or with whom we have joint marketing agreements.
We may also disclose nonpublic information about you to non-affiliated third parties as permitted by law, such as when required to do so by a court order or subpoena.
Our Security Procedures
We restrict access to your nonpublic personal information and only allow disclosures to persons and companies as permitted by law to assist in providing products or services to you. We maintain physical, electronic, and procedural safeguards to protect your nonpublic personal information.
Conditions of Use, Notices, and Revisions
If you choose to visit thinkdatasmart.com or the websites of any of its affiliates, your visit and any dispute over privacy is subject to this Notice and our Conditions of Use, including limitations on damages, arbitration of disputes, and application of the law of the state of Utah. If you have any concern about privacy at this website, please send us a thorough description to firstname.lastname@example.org, and we will try to resolve it.
Our business changes constantly, and our Privacy Notice and the Conditions of Use will change also. You should check our Web site frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.