You may not use the Site for any purpose that is unlawful or prohibited by the Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of SMMA or others. Without limiting the foregoing, you may not attempt to gain unauthorized access to any portion of the Site or any other systems or networks connected to the Site by hacking or any other illegitimate means.

This Site and the SMMA materials that it contains have been prepared by SMMA for informational purposes only and SMMA does not warrant that any such materials or information on or obtained from this Site are complete, current, reliable, or accurate.

SMMA may alter, suspend, or discontinue this Site at any time for any reason, without notice. The Site may become unavailable due to maintenance or malfunction of computer hardware or other equipment or for other reasons. SMMA reserves the right, in its sole discretion at any time, to terminate, change, suspend, or discontinue any aspect of the Site and/or to remove any data, content, and materials from the Site, with or without notice.  SMMA may restrict, suspend, or terminate your access to the Site if SMMA believes you are in breach of SMMA’s terms and conditions or applicable law, or for any other reason without notice or liability.

SMMA is the owner of all intellectual property rights, including, without limitation, all copyrights and trademarks, associated with the Site, all data, information, and reports, which are the sole and exclusive property of SMMA with all rights reserved, exclusive of content provided by third parties, which is owned by the licensors of such content, if any. You acknowledge and agree that the content and materials available on the Site, including without limitation all data, information, survey results, reports, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, taglines, video media, artwork, design, structure, selection, coordination, expression, “look and feel”, and the arrangement thereof, are protected by copyrights, trademarks, service marks, or other proprietary rights and laws and are the sole and exclusive property of SMMA and that you have no rights of ownership and may only use the data and information subject to these Terms of Use, subject in all cases to SMMA’s right to terminate such use at any time. 

You agree to indemnify SMMA and all its affiliates, employees, agents, representatives, third party service providers, and members of their governing boards (all of which are "SMMA Entities"), and to defend and hold each of them harmless, from any and all claims, actions, and liabilities and all related costs, fees, and expenses (including attorneys' fees) arising out of or related to your breach of these Terms or your use of the Service.

YOU ACKNOWLEDGE THAT YOU ARE USING THE SMMA SITE AT YOUR OWN RISK. SMMA HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE, OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY SMMA. WITHOUT LIMITING THE FOREGOING, THE SMMA ENTITIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED AND IMPLIED, REGARDING USER-GENERATED CONTENT AND SMMA MATERIALS. THE SMMA ENTITIES AND THEIR THIRD-PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SMMA SITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS, OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE SERVICES.

YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE SMMA ENTITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY OF THE SERVICES OR PRODUCTS AVAILABLE THROUGH SMMA, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT THE SMMA ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

By posting material to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to SMMA an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to: (1) host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such materials (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise; (2) prepare derivative works of, or incorporate into other works, such  materials; and (3) grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You agree to waive all moral rights in your materials, and you warrant that moral rights have not otherwise been asserted in your materials. You retain full ownership of all of your materials and any intellectual property rights or other proprietary rights associated with your materials. You are solely responsible for your materials posted to the Site, and you expressly agree to exonerate SMMA from any and all responsibility and to refrain from any legal action against SMMA regarding your materials. Please carefully review our Privacy Policy before providing SMMA with any of your information or materials.

SMMA has the right, in our sole and absolute discretion, to: (1) edit, redact, or otherwise change any such materials; (2) recategorize any such materials to place them in more appropriate locations on the Site; and (3) prescreen or delete any such materials that are determined to be inappropriate.  

This Site may contain links to third party sites that are not controlled by SMMA. These links are provided to you as a convenience. Such linked sites are not under the control of SMMA and SMMA is not responsible for the contents of any linked sites, or any link contained in a linked site. The inclusion of any link does not imply endorsement by SMMA of the site, and SMMA shall have no responsibility for information which is referenced by or linked to such site.

You agree that these Terms of Use and all disputes relating to these Terms of Use, for all purposes, shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict of laws, principles, or rules.

These Terms of Use and any policies or operating rules posted by SMMA on the Site constitute the entire agreement between you and SMMA. SMMA's failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. SMMA may assign any or all of SMMA's rights and obligations to others at any time. SMMA shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any acts or omissions beyond SMMA's reasonable control. If any provision or part of a provision of these Terms of Use is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and SMMA as a result of these Terms of Use. You agree that these Terms of Use will not be construed against SMMA by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

We may make changes to SMMA's Terms of Use at any time and without notice to keep such Terms current with industry standards and applicable law. The date of the most recent revisions will be provided on this page.

Version: October 7, 2024

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