These Terms and Conditions (“Terms”) govern your use of the website located at https://smksoft.com (the “Site”) and the IT services and consulting services provided by SMK SOFT (“we,” “us,” or “our”). By accessing or using our Site or services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Site or use our services.

1. Intellectual Property Rights
Unless otherwise indicated, the Site and all content and other materials therein, including, without limitation, the SMK SOFT logo, and all designs, text, graphics, pictures, information, data, software, and files are the property of SMK SOFT or our licensors and are protected by intellectual property laws.

2. User Representations
By using the Site, you represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are at least 18 years old; and (d) your use of the Site does not violate any applicable law or regulation.

3. Prohibited Conduct
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Prohibited activities include, but are not limited to:

• Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Making any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email.
• Using the Site to advertise or offer to sell goods and services.
• Engaging in unauthorized framing of or linking to the Site.
• Interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site.

4. SMS / Text Messaging Disclosure
By providing your mobile phone number to SMK SOFT, you are consenting to receive text messages from us. This consent is not a condition of purchase.

• Types of Messages: You can expect to receive messages related to your inquiries, project updates, service alerts, appointment reminders, and marketing or promotional offers related to our IT services and consulting.
• Message Frequency: Message frequency may vary. You may receive up to [e.g., 5 messages per week, or as needed for your specific project].
• Cost: Message and data rates may apply. Please consult with your mobile service provider for details on your specific plan.
• How to Opt-Out: You can stop receiving messages at any time. To opt out, simply reply ‘STOP’ to any text message you receive from us. After texting ‘STOP’, you will receive one additional message confirming that you have been unsubscribed. No further messages will be sent.
• How to Get Help: For more information or support regarding our SMS program, you can reply ‘HELP’ to any text message you receive. You may also contact us directly at [Insert Support Email or Phone Number].
• Liability: We do not charge for this service, but you are responsible for any message and data rates imposed by your mobile carrier. SMK SOFT is not liable for any delays or failures in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator.

5. Service Limitations and Liability

• Consulting Services: The IT services and consulting provided by SMK SOFT are performed with reasonable skill and care. However, we do not guarantee that our services will be error-free or uninterrupted.
• Disclaimer of Warranties: THE SITE AND OUR SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• Limitation of Liability: IN NO EVENT WILL SMK SOFT OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. Indemnification
You agree to defend, indemnify, and hold harmless SMK SOFT and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Site; (b) your violation of any term of these Terms; or (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right.

7. Termination
We reserve the right, in our sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice, for any reason, including, without limitation, for breach of these Terms.

8. Governing Law
These Terms shall be governed by and defined following the laws of Virginia, U.S. SMK SOFT and yourself irrevocably consent that the courts of Virginia, U.S. shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms.

9. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised Terms.

10. Contact Us
If you have any questions about these Terms, please contact us at:

SMK SOFT

1604 Spring Hill Rd, Suite 209 Vienna, VA 22182

Email:info@smksoft.com

Ph: 703-546-2500

Effective Date: 12/31/2003