Legal & Privacy
The Types of Information We Collect
Information Voluntarily Provided By You
Registration: When you visit or transact business on our Web site, you may be required to register with us or be requested to provide us with personal and account information. When you provide us with this information, we will let you know how we may use such information. If you tell us that you do not want us to use this information as a basis for further contact with you (by accessing our opt-out procedure described below), we will respect your wishes. We may also offer options for you to sign up for our newsletters. During the registration process, you must provide us with a member name and password, your name, address and phone number and a valid email address. It is your responsibility to keep your password strictly confidential. Communications from us; newsletters and promotional offers: In order to keep our users informed about our latest news, products and services, we may send e-mails and announcements to your personal email address that you provided to us while registering on our Site. If you elected to opt–in to any of our email lists and later decide that you no longer wish to receive newsletters or promotional e-mail from us, you may unsubscribe from such list by following the instructions contained in each email we send to you to unsubscribe from such e-mail list.
Contacting Us: You are always free to contact us with a question or problem related to your use of the Site. Our standard business practice is to retain any communications from our Site visitors to help us to serve each of you better.
Third-party Information Provided To Us
Marketing Data: We may purchase marketing data from third parties and add it to our existing user database to better target our advertising and to provide pertinent offers in which we think you would be interested. We may also associate this marketing data to the personally identifiable information that you provide to us.
Automatic Data Collection
When and With Whom We May Share Your Information
Vendors: We may share your personal information with companies acting as our authorized agents in providing our service (e.g., credit card processing, customer/support services) to you, all of which agree to use it only for such specified purposes. Each vendor must agree to implement and maintain reasonable security procedures and practices appropriate to the nature of your information in order to protect your personal information from unauthorized access, destruction, use, modification or disclosure. Because we operate nationally and globally, we may transfer your information to countries or jurisdictions that do not provide the same level of data protection as the country in which you are based. If we make such a transfer, we will, or our vendors will, as applicable, provide for the proper safeguards required by applicable law to ensure that your information is protected.
Legally affiliated entities: In the event that SMACKWAGON is merged, or in the event of a transfer of our assets, Site or operations, SMACKWAGON may disclose or transfer your personal information in connection with such transaction. In the event of such a transfer, SMACKWAGON will notify you via email or by posting a prominent notice on our Site for thirty (30) days of any such change in ownership of SMACKWAGON resulting in a change of control of your personal information.
Legally compelled disclosure: We will also disclose your personal information when required to do so by law, for example, in response to a court order or a subpoena or other legal obligation, in response to a law enforcement agency’s request, or in special cases when we have reason to believe that disclosing your personal information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (whether intentionally or unintentionally) our rights or property.
Bankruptcy: You should also be aware that courts of equity, such as U.S. Bankruptcy Courts, may have the authority under certain circumstances to permit your personal information to be shared or transferred to third parties without your permission.
Consent to processing: By providing any personal information to us, you fully understand and unambiguously consent to the transfer of such personal information to, and the collection and processing of such personal information in, the United States and other countries or territories. Your personal information will be stored and processed on our computers in the United States. The laws on holding personal information in the United States may vary and be less stringent than laws of your state or country. We will use commercially reasonable efforts to hold and transmit your personal information in a safe, confidential and secure environment. If you object to your personal information being transferred or used in this manner please do not register with or use the Site.
SMACKWAGON endeavors to protect the security of your personal information and your choices for its intended use. We use Secure Socket Layers or SSL technology to protect the transmission of sensitive personal information such as your credit card number. We store your personal information on a secure server, and use procedures designed to protect the personal information we collect from unauthorized access, destruction, use, modification or disclosure.
Although we will take (and require our third-party providers to take) commercially reasonable security precautions regarding your personal information collected from and stored on the Site, due to the open nature of the Internet, we cannot guarantee that any of your personal information stored on our servers, or transmitted to or from a user, will be free from unauthorized access, and we disclaim any liability for any theft or loss of, unauthorized access or damage to, or interception of any data or communications. By using the Site, you acknowledge that you understand and agree to assume these risks.
Modification of Your Choices and Preferences
Opt-out right: If you would like to opt out of any of our marketing programs, or wish to withdraw your consent to us contacting you via your e-mail, fax or phone number, or if your personal details change, please contact us through one of the following: (i) by telephone, at (916) 477-3458 and ask for our Director of Web Marketing; (ii) by facsimile, at (916) 477-3458; (iii) by email, by following the Opt-Out instruction contained in the body of any marketing e-mail from us or by sending us an e-mail by including a copy of the e-mail you have received and by typing “Remove” in the subject line of your e-mail; or (iv) by mail, care of Director of Web Marketing, SMACKWAGON, PO Box 5983, Granite Bay, CA 95647.
Your election not to receive newsletters or promotional and marketing correspondence from us will not: (a) preclude us from corresponding with you, by email or otherwise, regarding your existing or past relationship with us, and (b) preclude us, including our employees, contractors, agents and other representatives, from accessing and viewing your personal information in the course of maintaining and improving the Site.
The following are terms of a legal agreement between you and SMACKWAGON. By accessing, browsing, or using this Web site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use this Web site.
This Web site contains proprietary notices and copyright information, the terms of which must be observed and followed. Please see the tab entitled “Copyright and trademark information” for related information.
This site and all content in this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without SMACKWAGON’s prior written consent, except that SMACKWAGON grants you non-exclusive, non-transferable, limited permission to access and display the Web pages within this site, solely on your computer and for your personal, non-commercial use of this Web site. This permission is conditioned on your not modifying the content displayed on this site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this site. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.
Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, SMACKWAGON does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Web site or in any other media.
Information on this Web site is not promised or guaranteed to be correct, current, or complete, and this site may contain technical inaccuracies or typographical errors. SMACKWAGON assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this site.
SMACKWAGON provides no assurances that any reported problems will be resolved by SMACKWAGON, even if SMACKWAGON elects to provide information with the goal of addressing a problem.
Forward-Looking and Cautionary Statements
Except for historical information and discussions, statements set forth throughout this web site may constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 or other applicable laws. These statements involve a number of risks, uncertainties, and other factors that could cause actual results to differ materially, as discussed in the company’s filings with the U.S. Securities and Exchange Commission. See the “SEC filings” tab under “Investor relations” on this Web site for copies of such filings.
SMACKWAGON does not want to receive confidential or proprietary information from you through our Web site. Please note that any information or material sent to SMACKWAGON will be deemed NOT to be confidential. By sending SMACKWAGON any information or material, you grant SMACKWAGON an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that SMACKWAGON is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to SMACKWAGON for the purpose of receiving products or services will be handled in accordance with our privacy policies. Please see the tab entitled “Privacy” for information regarding SMACKWAGON’s privacy policies.
US Govt. Restricted Rights
SMACKWAGON provides the software downloaded from this Web site to U.S. Government users with “RESTRICTED RIGHTS.” Use, reproduction, or disclosure is subject to the restrictions set forth in SMACKWAGON’s GSA ADP Schedule contract.
Information SMACKWAGON publishes on the World Wide Web may contain references or cross references to SMACKWAGON products, programs and services that are not announced or available in your country. Such references do not imply that SMACKWAGON intends to announce or make available such products, programs, or services in your country. Please consult your local SMACKWAGON business contact for information regarding the products, programs, and services that may be available to you.
This Web site may provide links or references to non-SMACKWAGON Web sites and resources. SMACKWAGON makes no representations, warranties, or other commitments whatsoever about any non-SMACKWAGON Web sites or third-party resources (including any Lenovo Web site) that may be referenced, accessible from, or linked to any SMACKWAGON site. A link to a non-SMACKWAGON Web site does not mean that SMACKWAGON endorses the content or use of such Web site or its owner. In addition, SMACKWAGON is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from an SMACKWAGON site. Accordingly, you acknowledge and agree that SMACKWAGON is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.
When you access a non-SMACKWAGON Web site, even one that may contain the SMACKWAGON-logo, please understand that it is independent from SMACKWAGON, and that SMACKWAGON does not control the content on that Web site. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.
Linking To This Site
All links to this Web site must be approved in writing by SMACKWAGON, except that SMACKWAGON consents to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with SMACKWAGON; (c) imply that SMACKWAGON approves or endorses you, your Web site, or your service or product offerings; and (d) present false or misleading impressions about SMACKWAGON or otherwise damage the goodwill associated with the SMACKWAGON name or trademarks. As a further condition to being permitted to link to this site, you agree that SMACKWAGON may at any time, in its sole discretion, terminate permission to link to this Web site. In such event, you agree to immediately remove all links to this Web site and to cease using any SMACKWAGON trademark.
Certain text in this Web site may be made available in languages other than English. Text may be translated by a person or solely by computer software with no human intervention or review. These translations are provided as a convenience to you, and SMACKWAGON makes no representations or commitments regarding the accuracy or completeness of the translation, whether or not computer-generated or performed by a person. Please see the below Disclaimer of Warranty for additional conditions.
Disclaimer Or Warranty
USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. SMACKWAGON EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, SMACKWAGON MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitations Of Liability
IN NO EVENT WILL SMACKWAGON BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF SMACKWAGON IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.