Terms & Conditions
- Permitted Uses
- Availability of the Site
- Ownership of the Site
- Transmission of Information
- Your Conduct on our Site
- Creating an Account on our site
- Modification of this Agreement
- Copyright and Trademarks
- Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures
- Disclaimer of Warranty
- Limitation of Liability
- End User Communications
- Websites of Others
- Public Nature of Your Statements
- License Grant
- Choice of Law
- Additional Disclosures
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, STOP ACCESSING THE SITE IMMEDIATELY AND DO NOT USE ANY SERVICE OFFERED THROUGH THE SITE.
1. Permitted Uses
The Site provides an interactive online service operated by Vel Micro Works Incorporated, consisting primarily of mathematical problems. As a condition of your use of this Site, you agree that your use of this Site will at all times comply with the terms of this Agreement.
- If you elect to create an account:
- You may create only one account for your personal use;
- You must safeguard your password and supervise the use of your account, and understand and agree that you are responsible for your own use; and the use of your account by anyone you allow accessing it.
- You agree that any and all information you submit to the Site is only about yourself, and all such information is accurate, true, current and complete.
2. Availability of the Site
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated. Vel Micro Works Incorporated retains the right at our sole discretion to deny service, or access to the Site to anyone or any account, at any time and for any reason.
The content and information on this Site as well as the infrastructure used to provide both, is proprietary to us. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the Site.
Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can’t be, and are not, responsible for the security of information that you choose to communicate with Vel Micro Works Incorporated and the Site while it is being transmitted. In addition, Vel Micro Works Incorporated is not responsible for any data lost during transmission.
PLEASE DO NOT ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, they are prohibited on the Site and constitute express violations of this Agreement:
- Submitting any purposely inaccurate information, committing fraud or falsifying information in connection with your B33Smart account or in order to create multiple B33Smart accounts;
- Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
- Attempting to scan, or test the security or configuration of the Site or to breach security or authentication measures without proper authorization;
- Tampering or interfering with the proper functioning of any part, page or area of the Site and any and all functions and services provided by B33Smart;
- Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Site;
- Using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with B33Smart;
- Reselling or repurposing your access to the Site;
- Using the Site or any of its resources to solicit Site End Users, or other business partners of B33Smart to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with B33Smart;
- Using any End User information from the Site for any commercial purpose, including, but not limited to, marketing;
- Accessing, monitoring or copying any content or information from this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- Violating the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site;
- Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
- Aggregating any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through this Site) with material from other sites or on a secondary site without our express written permission.
- Deep-linking to any portion of this Site (including, without limitation, the purchase path) without our express written permission;
- Acting illegally or maliciously against the business interests or reputation of B33Smart, or our services; or
- Hyperlinking to the Site from any other website without our initial and ongoing consent.
We also reserve the right to change or discontinue any aspect or feature of our services or the Site including, but not limited to requirements for access or use.
Everything located on or in this Site is the exclusive property of B33Smart or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF B33Smart IS PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
This Site and any Microsite contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. B33Smart owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of B33Smart or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
B33Smart is a trademark of Vel Micro Works Incorporated. It, together with other trademarks that are located within or on the Site otherwise owned or operated in conjunction with B33Smart shall not be deemed to be in the public domain but rather the exclusive property of Vel Micro Works Incorporated, unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Vel Micro Works Incorporated unless otherwise stated.
You will not upload, post, or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. B33Smart does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, you warrant that the owner of such material has expressly granted Vel Micro Works Incorporated the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, and store or reproduce the material for that End User’s personal use. You also grant B33Smart the right to edit, copy, publish and distribute any material that you make available on this Site.
Vel Micro Works Incorporated reserves the right to terminate its agreement with you or any other End User who infringes third-party copyrights.
If you believe that any material has been posted via the Site by an End User in a way that constitutes copyright infringement, you shall provide Vel Micro Works Incorporated with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) Your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Contact information for Vel Micro Works Incorporated’s DMCA Agent for notice of claims of copyright infringement is:
Vel Micro Works Incorporated, 726 Yorklyn Road – STE 400 Hockessin, DE 19707.
You expressly agree that use of this site is at your sole risk. Neither Vel Micro Works Incorporated, its subsidiaries, affiliates, nor any of their respective employees, agents, merchants, third-party content providers or licensors, or any of their officers, directors, employees or agents, warrant that use of the site will be uninterrupted or error free; nor do they make any warranty as to (i) the results that may be obtained from use of this site, or (ii) the accuracy, reliability or content of any information or service provided through this site. The site is made accessible on an “as is” and “as available” basis. Vel Micro Works Incorporated hereby disclaims any and all representations, warranties and conditions whether express or implied, including, but not limited to, those of title non-infringement, merchantability and fitness for a particular purpose.
We will make every reasonable effort to resolve any disagreements that you have with Vel Micro Works Incorporated. If those efforts fail, by using this Site you agree that any claim, dispute, or controversy you may have against Vel Micro Works Incorporated arising out of, relating to, or connected in any way with this Agreement, this Site or a purchase, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”). You agree further that: (a) the arbitration shall be held in the Philadelphia, Pennsylvania offices of the AAA or at such other location as may be mutually agreed upon by you and Vel Micro Works Incorporated; (b) the arbitrator shall apply Delaware law, without regard to its Conflict of Laws principles, consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Vel Micro Works Incorporated’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (d) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the applicable Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Vel Micro Works Incorporated shall be entitled to arbitrate their dispute.
Vel Micro Works Incorporated in some instances allows you and other End Users to use the Site to express opinions and communicate through forums, bulletin boards, discussion groups, chat rooms or other communication facilities that may be offered on or through the Site from time to time (collectively “Communities”). Vel Micro Works Incorporated shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by Vel Micro Works Incorporated, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Vel Micro Works Incorporated shall have the right, but not the obligation, to remove any material from the Communities that Vel Micro Works Incorporated, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other End User to the Communities (collectively, “Statements”), are those of the respective author(s) and not of Vel Micro Works Incorporated.
The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.
By posting Statements or other information on or through the Communities, you grant Vel Micro Works Incorporated a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sub-licensees. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.
You agree to defend, indemnify and hold harmless Vel Micro Works Incorporated, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by you in connection with the Site or any use of the Site in violation of these Terms. You are solely responsible for your interactions with other users of the Site.
No waiver by either you or Vel Micro Works Incorporated of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of our Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.
B33Smart.com is located at 726 Yorklyn Road, STE 400, Hockessin, DE 19707. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.