Terms and Conditions: Introduction
Please read these Terms and Conditions (as defined below) carefully before using this leveragingsmart.com website (“Website”). Our Website is operated by Leveraging Smart Inc, (“Leveraging Smart” “our”, “we” or “us”) a New York State Domestic Business Corporation, with the DOS ID# 4772904, whose registered office and United States Headquarters are located at 116 Bethlehem Road, New Windsor, New York 12553 USA. You represent and warrant that you are  years of age or older, or are visiting the Website under the supervision of a parent or guardian. If you are 13 or older but under the age of 18, you should review these Terms and Conditions with your parent or guardian to make sure that you and your parent or guardian understand it.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE, SIMILAR PAGES MARKED AS SUCH AND OTHERWISE MADE AVAILABLE TO YOU ON THE WEBSITE, AND THE DOCUMENTS REFERRED TO, OR WITHIN THE TEXT OF, EITHER (COLLECTIVELY, AND AS AMENDED FROM TIME TO TIME, THE “TERMS & CONDITIONS”), AS THEY CONTAIN THE TERMS AND CONDITIONS ON WHICH WE ALLOW ACCESS TO AND USE OF OUR WEBSITE AND/OR SUPPLY ANY OF THE SERVICES OR ANY OF THE PRODUCTS LISTED ON OUR WEBSITE (“PRODUCTS”) TO YOU. THESE TERMS AND CONDITIONS ALSO APPLY TO ANY CORRESPONDENCE BETWEEN US. BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE CONDITIONS. IF YOU DO NOT AGREE TO THESE CONDITIONS (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ACCESS OR OTHERWISE USE THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (WITHOUT MODIFICATION), THEN YOU ARE NOT AUTHORIZED TO USE OUR WEBSITE, INCLUDING THE ABILITY TO ORDER ANY PRODUCTS FROM OUR WEBSITE. IN PARTICULAR, WE DRAW YOUR ATTENTION TO THIS TERMS & CONDITION SECTION , OUR ACCEPTABLE USE POLICY AND OUR LIMITATION OF LIABILITY STATEMENT.
These Terms and Conditions are applicable to you upon your accessing the Website and/or completing the registration or shopping process. These Terms and Conditions, or any of them, may be modified, amended, supplemented or terminated by us without notice at any time for any reason. The provisions relating to Intellectual Property, Disclaimers, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. If you do not agree to or accept any change to our Website, (including any applicable Terms and Conditions), please stop using our Website. If you place an order for Products through our Website, you will be subject to the policies and Terms and Conditions in force at the time that you order Products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
Nature of our Website and Service Availability
As more fully set forth in our Limitation of Liability Statement , our Website is an online service and is provided on an ‘as is’ basis. Except as explicitly set forth in our Limitation of Liability Statement, Leveraging Smart makes no representations or warranties of any kind with respect to our Website or its contents and disclaims all such representations and warranties. The content contained in our Website is subject to change from time to time without further notice. Please note that our Website is available only to entities, persons or individuals that can form legally binding contracts under applicable law.
Availability of Website
If the need arises, we may suspend access to our Website or close it, or any part of it, indefinitely and without further notice to you or any third party.
Unless otherwise specified, all content and materials published on our Website are presented solely for your private, personal and non-commercial use. Information, commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. In particular, third party testimonials posted on our Website may not be monitored/pre-approved by us and may contain inaccuracies. In accordance with the Leveraging Smart Limitation of Liability Statement, we therefore disclaim liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.
All trademarks, service marks and trade names of Leveraging Smart used in the Website (including but not limited to the Leveraging Smart name, redirect names, and misspelled domain names) are trademarks or registered trademarks of Leveraging Smart Inc. or its affiliates or their licensors. They may not be used without our prior written permission. The additional domains include:
The entire content included in the Website, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Leveraging Smart (the “Copyright Materials”). The collective work includes works that are licensed to Leveraging Smart Inc and/or its affiliates. Copyright 2015, Leveraging Smart Inc. ALL RIGHTS RESERVED.
Permission is granted to electronically copy and print hard copy portions of the Website for the sole purpose of placing an order with the Website. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Website solely for your own non-commercial use, or to place an order with the Website or to purchase Products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of leveragingsmart.com is strictly prohibited, unless authorized by Leveraging Smart Inc. You further agree not to change or delete any proprietary notice from materials downloaded or printed from the Website. Any other intellectual property on the Website, including but not limited to patents, issued or pending, are the sole property of Leveraging Smart Inc. or its affiliates or their licensors. For further information, see our Intellectual Property Policy. While every effort is made to ensure that our Website is accurate and up to date, we do not warrant, nor do we accept any liability or responsibility for the completeness or accuracy of the content, or for any loss which may arise from reliance on the information contained in our Website, except to the extent, if any, explicitly set forth in our Limitation of Liability Statement.
Personal Information About You and Your Visit to Our Website
Content Provided by You
All material, including, but not limited to, reviews, feedback, stories, testimonials, photographs, artwork, videos and images, which you contribute to our Website (“Contribution”) and any interactive services associated with it is subject to our Acceptable Use Policy. By using the Leveraging Smart Website and making any Contribution, you agree to be bound by these Terms and Conditions and, in particular, by our Intellectual Property Policy. You agree to fully indemnify, defend and hold Leveraging Smart, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any content or material uploaded or transmitted by you through our Website as more fully described in our Acceptable Use Policy.
Transactions Concluded Through Our Website
Contracts for the supply of goods formed through the Leveraging Smart Website, or as a result of visits made to our Website by you, are governed by these Terms and Conditions and, in particular, by our Conditions of Supply . By placing any order for any of our Products, you agree to be bound by these Terms and Conditions (including, in particular, our Conditions of Supply ).
Limitation of Liability
Leveraging Smart shall be liable to you in respect of the use of our Website and any of the materials, information, content, Products and services on it only insofar as is stated in these Terms and Conditions. In particular, our liability to you shall be limited in accordance with our Limitation of Liability Statement.
If any of these Terms and Conditions, or any provisions of a contract concluded under these Terms and Conditions, are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by applicable law.
Unless otherwise stated in these Terms and Conditions, all notices given by you to us must be given to Leveraging Smart Inc at firstname.lastname@example.org. We may give notice to you by posting it on the Website or at either the e-mail or postal address you provide to us. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Transfer of Rights and Obligations
Any contract between you and us concluded under these Terms and Conditions, including a contract for the sale of Products to you, is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of any such contract, or any of your rights or obligations arising under it, without our prior written consent. Leveraging Smart may transfer, assign, charge, sub-contract or otherwise dispose of any contract, or any of our rights or obligations arising under it, at any time during the term of any contract.
Events Outside of Our Control
Leveraging Smart Inc will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions, including any contract between you and us concluded under these Terms and Conditions, such as, but not limited to, a contract for the sale of Products to you, that is caused by events outside our reasonable control (a “Force Majeure Event”). A Force Majeure Event may include for example (but without limitation) the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government. Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and Leveraging Smart Inc will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under any contract may be performed despite the Force Majeure Event.
These Terms and Conditions including the documents referred to in them (in each case, as amended from time to time) constitute the entire agreement between Leveraging Smart and you in relation to use of our Website and/or supply any of the services or any of the Products to you and supersedes all previous agreements written or oral in respect of the same.
If we fail, at any time during the term of any contract between you and Leveraging Smart concluded under these Terms and Conditions, such as, but not limited to, a contract for the sale of Products to you, to insist upon strict performance of any of your obligations under that contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract or these Terms and Conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by Leveraging Smart of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the Notices section of these Terms and Conditions.
Your use of this Website shall be governed in all respects by the laws of the state of New York, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Specifically, this Agreement shall be subject to New York Uniform Commercial Code Section 1-101 et. seq. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Website (including but not limited to the purchase of Products) shall be in the state or federal courts located in New York County, New York USA. Any cause of action or claim you may have with respect to the Website (including but not limited to the purchase of Products) must be commenced within one (1) year after the claim or cause of action arises. Leveraging Smart’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. Leveraging Smart may assign its rights and duties under this Agreement to any party at any time without notice to you.
Leveraging Smart is a business and entertainment advisory group assisting with products, projects, and plans for established businesses and startup ventures. For more information about Leveraging Smart, the business, book, broadcast, brand, band, or Max, the 800-Pound Gorilla, email questions to: email@example.com or visit us online at:
Terms and Conditions for Leveraging Smart