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AustinSmartConsumer.com (“ASC”) Website Disclaimer

Use of this website signifies agreement to the terms listed below.  Those that feel that they cannot abide by the terms itemized below, must discontinue use of this website immediately.

You agree that your use of this website is at your own risk.  BY ACCESSING THIS WEBSITE, YOU AGREE TO WAIVE ALL CLAIMS AGAINST ASC ARISING FROM YOUR USE OF THE ASC WEBSITE.  ASC IS NOT RESPONSIBLE FOR ANY DIRECT OR PROXIMATE INJURY OR ANY DAMAGES YOU MAY SUFFER RESULTING FROM YOUR USE OF THIS WEBSITE.

Compliance with Law:

ASC Website Users agree that they will not use the ASC website for any unlawful or prohibited purpose.  Users agree that use of the ASC website shall comply with all relevant local, state, federal, and international law.

Litigation Forum:

Any litigation arising from the establishment, operation, maintenance, viewing, modification, or participation in the ASC website, will be governed by Texas law, and will take place in Austin Texas.

Reprint/Reproduction:

To the fullest extent of the law, all material on the ASC website, including but not limited to graphics, text, software, is property of ASC and copyrighted and may not be copied, reprinted, reproduced or otherwise used, except for educational or nonprofit use, without prior, express, written permission of ASC.

Privacy/Security:

Disclosure of Personal Information to Third Parties:  Any personal information submitted to ASC in order to become a registered user will be treated as confidential.  However, ASC retains the right to disclose personal information without user consent if ASC reasonably believes disclosure is necessary to comply with the law or if reasonably necessary to bring or defend a lawsuit brought in connection with the ASC website.  In any cases where personal information is disclosed, ASC will make a reasonable effort to notify the affected user.

Online Chat Room, Message Board, Reviews, Polls and Public Forums:

The ASC website provides various mediums for users to write information, comments or any opinions about businesses. All users of the ASC website shall obey the following:

1. Prohibited Postings:  By becoming a Registered Users, Registered Users agree to refrain from posting any message, text, information on the ASC website that contains profanity, racial or ethnic slurs or epithets, obscene words or phrases, sexually explicit references.  Further all posted language that is harmful, defamatory, harassing, tortuous, abusive, or otherwise objectionable is prohibited.
   
   
2. Indemnification:  By becoming a Registered User, you agree that you are responsible for your own postings on the ASC website.  Registered Users agree to indemnify ASC against any litigation that arises against ASC in relation to their postings or submissions to the ASC website, and to pay the legal costs and reasonable attorney’s fees of ASC expended by ASC in defending itself from such litigation.
   
   
3. Waiver:  Users view, read and participate on the ASC website at their own risk.  By becoming a Registered User with ASC, Registered Users agree to waive any and all legal claims against ASC arising from their use of the ASC website.
   
   
4. Monitoring:  ASC does not purport, and is not obligated, to monitor the content of the ASC website where content is added by Registered Users.  However, ASC retains the right, in its sole discretion, to terminate Registered Users’ accounts at any time and/or to remove content from the ASC website.  Registered Users who have had their accounts terminated are not permitted to attempt to register again.
   
   
5. Complaints:  Although ASC does not purport, and is not obligated, to monitor the content of the ASC chat room, ASC may, from time to time, respond to complaints about violations of ASC website’s policy, terms, or disclaimer.  If you feel there was such a violation, you may contact a representative of ASC at info @ austinsmartconsumer.com

Factual Errors and Omissions:

ASC strives to provide fair and accurate information about businesses in the Austin Texas area.  While ASC makes every effort to maintain accuracy and completeness of all the information on the ASC website, it could contain errors.

This Disclaimer was last updated on January 14, 2007.