INTRODUCTION

Welcome to the Internet Site of TriMark R.W. Smith and its Affiliates. The content provided by RWSmithDesign.com unless otherwise noted, is copyrighted © 2016 TriMark R.W. Smith. All use of RWSmithDesign.com website is subject to the Terms and Conditions of Use set forth below.

TriMark R.W. Smith provides this Internet Website ("Site") for your browsing, information, and use. The text, pictures, images, graphics, and other items provided by this Site are owned and/or copyrighted by TriMark R.W. Smith or by other owners of the respective items. By accessing this Site, you accept the TriMark R.W. Smith Terms and Conditions of Use as a legal agreement between you and TriMark R.W. Smith.

Subject to the Terms and Conditions of Use set forth, TriMark R.W. Smith grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.

INTELLECTUAL PROPERTY

All text and other materials found within this Site are the property of TriMark R.W. Smith, its Affiliates, or other parties who have licensed material to TriMark R.W. Smith. All text and other materials found within this Site are protected by copyrights and other proprietary intellectual property rights that are owned or controlled by TriMark R.W. Smith or by other parties that have licensed their rights to TriMark R.W. Smith. You may not modify or make any commercial use of any material on this Site.

Nothing on the TriMark R.W. Smith Site may be published, reproduced, copied, modified, uploaded, transmitted, posted, transferred or distributed in any way without the prior written consent of TriMark R.W. Smith. TriMark R.W. Smith does not grant any right to you of any kind under any license, copyrights, patents or trademarks. No portion of this Site, including photography, may be reproduced without the express written consent of TriMark R.W. Smith.

If you send or post any information or material to the TriMark R.W. Smith website, TriMark R.W. Smith will assume that anything you post is not confidential, and that you thereby grant TriMark R.W. Smith an unrestricted, irrevocable, worldwide, non-exclusive license to use, reproduce, display, perform, modify, transmit and distribute such information or material, and you agree that TriMark R.W. Smith is free to use any ideas, concepts, know-how or techniques that you send or post for any purpose, including the creation of derivative works.

TRADEMARKS

All other trademarks, service marks and logos used on this Site, with or without attribution, are the trademarks, service marks or logos of their respective owners (including Affiliates). You may not use the materials on this Site in any way that suggests that you are associated with TriMark R.W. Smith or its licensors.

LINKING TO OTHER SITES AND TRANSACTIONS ON OTHER SITES

This Site contains links to third-party websites, and those websites may offer products and/or services. Other than the Sites of TriMark R.W. Smith and our employment application Site, which is managed for TriMark R.W. Smith by a trusted third party, TriMark R.W. Smith does not author, edit, or monitor these other Sites. You acknowledge and agree that TriMark R.W. Smith has no responsibility for the protection of personal information on other Sites, for the accuracy or availability of information provided on other Sites, that TriMark R.W. Smith does not control or endorse the content, products, advertising, or other materials presented on these other Sites, and that you release TriMark R.W. Smith and its Affiliates from any claims arising out of or in any way connected with any dispute you may have with another Site.

USER CONDUCT

You agree that you will comply with all of these Terms and Conditions of Use and that you will not use TriMark R.W. Smith’s or its Affiliates’ names, URLs, trademarks, server, or other materials in connection with, or to transmit, any unsolicited communications or "spam."

In addition, you may not transmit to TriMark R.W. Smith in any way any communications, text, graphics or other information that: (a) is obscene, fraudulent, indecent, or that defames, abuses, harasses, or threatens others; (b) contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (c) advocates or encourages any illegal activity; (d) infringes on the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; (e) violates the privacy of individuals, including, but not limited to, other users of this Site; or (f) violates any applicable local, state, national or international law.

NO WARRANTIES

THIS SITE AND ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE ARE FOR GENERAL INFORMATION ONLY AND ARE PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND.

IN ADDITION, TRIMARK R.W. SMITH DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT TRIMARK R.W. SMITH) ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THESE MATERIALS.

TriMark R.W. Smith does not make any representation as to the accuracy of any information presented as part of the Site, and assumes no responsibility for the accuracy of such information displayed here. Under no circumstances will TriMark R.W. Smith be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via this Site.

LIMITATION OF LIABILITY

Your use of this Site is not intended to be a substitute for obtaining competent engineering, technical, or other services. In no event shall TriMark R.W. Smith be LIABLE IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY FOR ANY DAMAGES, loss, injury, illness, or death, including but not limited to incidental, special, or consequential damages, that result from the use of or inability to use this Site, even if TriMark R.W. Smith has been advised of the possibility of such damages.

UNDER NO CIRCUMSTANCES SHALL TRIMARK R.W. SMITH, ITS AFFILIATES OR ITS SUBSIDIARIES, OR THE RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SPONSORS, AND OTHER PARTNERS OF EACH BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE SERVICES AVAILABLE ON THE SITE OR INFORMATION CONTAINED WITHIN THE SITE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TRIMARK R.W. SMITH’S ENTIRE LIABILITY UNDER THESE TERMS AND CONDITIONS OF USE SHALL BE LIMITED TO THE AMOUNT PAID FOR USE OF THE SITE, IF ANY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

INDEMNITY

If you violate any of these Terms and Conditions of Use or if you misuse this website, you agree to defend, indemnify and hold harmless TriMark R.W. Smith, its officers, directors, employees, agents and licensees from any and all liability including costs, expenses and attorneys' fees that arise out of or are related to your violation or misuse.

TERMINATION OF THE USE OF SITE

TriMark R.W. Smith may, in its sole discretion and in addition to any other remedies available to TriMark R.W. Smith, with or without cause, withdraw, suspend or discontinue at any time any materials or services available on this Site, your username and password, and any functionality or features in or on this Site, with or without notice.

LIMITED DISTRIBUTION AND TERRITORIAL CONSIDERATIONS

This Site is controlled and operated by TriMark R.W. Smith from its offices within the State of California. TriMark R.W. Smith makes no representation that materials on this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of or access to this Site shall not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the State of California by TriMark R.W. Smith and its Affiliates. You may not use the Site or export the Materials in violation of U. S. export laws and regulations.

GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within California and without giving effect to any principles of conflicts of laws. You agree that any lawsuit or other action brought by TriMark R.W. Smith and its Affiliates, you or any third party to enforce the Terms and Conditions of Use, or in connection with any matters related to this Site, shall be subject only to the jurisdiction of either the state or federal courts located in San Diego County, California.

CONTENT ACCURACY AND MODIFICATIONS

TriMark R.W. Smith has made a good faith effort to provide timely and correct information for this Site; however, there may be some inaccuracies that periodically appear. The information provided on this Site is provided "as is." TriMark R.W. Smith does not represent or warrant the completeness or accuracy of the information and it makes no commitment to update the information.

TriMark R.W. Smith reserves the right to change or modify the Terms and Conditions of Use at any time. Any questions regarding the Terms and Conditions of Use should be sent to ecomm@rwsmithco.com. The Terms and Conditions of Use shall not be modified except in writing, as posted on this Site by TriMark R.W. Smith. Any change or modification made by TriMark R.W. Smith will be effective immediately upon posting on this Site and your continued use of this Site means that you have agreed to accept any changes or modifications made by TriMark R.W. Smith.

CONTACT US

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