The following terms and conditions govern all use of the smartcheck.am website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by smartcheck.am. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by smartcheck.am (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the web site. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer by smartcheck.am acceptance is expressly limited to these terms.
You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must not use your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and smartcheck.am may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause smartcheck.am liability. You must immediately notify smartcheck.am of any unauthorized uses of your account or any other breaches of security. smartcheck.am will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
By submitting Content to smartcheck.am, you grant smartcheck.am a world-wide, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, adapt and publish the Content for the purposes of providing and promoting the Website and features and services available on the Website. If you delete Content, smartcheck.am will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, smartcheck.am has the right (though not the obligation) to, in smartcheck.am sole discretion (i) refuse or remove any content that, in smartcheck.am reasonable opinion, violates any smartcheck.am policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in gebecert.com sole discretion. smartcheck.amwill have no obligation to provide a refund of any amounts previously paid.
smartcheck.am has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot, therefore, be responsible for that material’s content, use or effects. By operating the Website, smartcheck.am does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. smartcheck.am disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which smartcheck.am links, and that link to smartcheck.am. smartcheck.am does not have any control over those smartcheck.am websites and web pages, and is not responsible for their contents or their use. By linking to a non-smartcheck.am website or webpage, smartcheck.am does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. smartcheck.am disclaims any responsibility for any harm resulting from your use of non-smartcheck.am websites and web pages.
As smartcheck.amasks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by smartcheck.am violates your copyright, you are encouraged to notify smartcheck.am in accordance with smartcheck.am .Digital Millennium Copyright Act (”DMCA”) Policy. smartcheck.am will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of smartcheck.am or others, smartcheck.am may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination,smartcheck.am will have no obligation to provide a refund of any amounts previously paid to smartcheck.am.
By purchasing and using live GPS tracking devices and service from smartcheck.am, you will be put on an email distribution list. You will receive a periodic email that may contain tips and tricks, promotions, or other pertinent information regarding our services. Although not recommended, you may opt-out of receiving this email communication by clicking the "manage subscriptions" at the bottom of any of the messages. If you need to change the email address where you receive these messages, please contact
GPS data (reports sent in from GPS devices) is stored on our main server and a backup server for 1 year. Data older than 1 year cannot be restored. An active smartcheck.am account is required to access GPS data. Upon termination of service, GPS data will be erased from the main server and the backup server and cannot be restored.
To serve you as a user, we will initially collect information about you such as your name, email address. We collect this information in person, by telephone, by mail, e-mail or on our Web site through your use of the Services you purchase. smartcheck.am will not sell or provide this information to any 3rd party without your consent with the exception of Credit Card Disputes and Law Enforcement Requests. We will only provide GPS data to the company or corporation that owns the product you have scanned the Microchip tag for their research and marketing purposes, or for the company to pursue the persons responsible for copyright infringement.
This Agreement does not transfer from smartcheck.am to you any smartcheck.am or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with smartcheck.am. and all other trademarks, service marks, graphics and logos used in connection with smartcheck.am, or the Website are trademarks or registered trademarks of smartcheck.am or smartcheck.am licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use anysmartcheck.am or third-party trademarks.
smartcheck.am reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. smartcheck.am may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
smartcheck.am may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Services account, such account can only be terminated by gebecert.com if you materially breach this Agreement and fail to cure such breach within thirty (30) days from smartcheck.am notice to you thereof; provided that,smartcheck.am can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Website is provided “as is”. smartcheck.am and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither smartcheck.am nor its suppliers and licensors makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
In no event will smartcheck.am, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that increase the fees paid by you to smartcheck.am under this agreement during the twelve (12) month period prior to the date the cause of the action accrues. smartcheck.am shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless smartcheck.am, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
This Agreement constitutes the entire agreement between smartcheck.am and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of smartcheck.am, or by the posting by gebecert.com of a revised version.
The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; smartcheck.am may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
In consideration of smartcheck.am, furnishing services to enable me to use the gebecert.com application in connection with activities including, but not limited to scanning Microchip Tags, and/or participation in Virtual Events (hereinafter collectively referred to as “Activities”), I agree to the terms of this smartcheck.am Waiver and Release of Liability (“Release”) as set forth herein.
I fully understand and acknowledge the following:
Further, as consideration and a strict condition precedent to my participation in the Activities, I, on behalf of myself, my personal representatives and my heirs hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify gebecert.com, and its owners, agents, officers and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of smartcheck.am services arising out of or relating to the Activities. I specifically understand that as consideration and as a strict condition precedent to my participation in the Activities, I am releasing, discharging, and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by the owners, agents, officers or employees of smartcheck.am.
This Release shall be governed by and interpreted in accordance with the laws of the Hong Kong, and in the event that any clause or provision herein shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Release which shall continue to be enforceable. I hereby agree that any claim for damage or injury arising out of or relating to the Activities and gsmartcheck.am (“Claim”), not otherwise barred by this Release, must be commenced by filing a complaint in Hong Kong no later than 120 days after the Claim arises, or else the Claim is forever barred. The exclusive jurisdiction for any such Claim is Hong Kong, and I consent to personal jurisdiction in those courts.
I HAVE READ THE ABOVE RELEASE AND BY USING THIS WEBSITE AGREE TO ITS TERMS.