Terms of Service

1. Reliance on Information Posted

The information presented on or through our Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of our Services, or by anyone who may be informed of any of its contents.

The Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Smart Code, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Smart Code. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

2. Consent to Use of Electronic Communications

In connection with these Terms of Service, you may be entitled to receive certain communications from us such as notices, updates and changes to the Terms of Service, in writing. To facilitate your use of our Services, you give us permission to provide these communications to you electronically instead of in paper form.

You can withdraw your consent to receive further communications electronically at any time by contacting us at [email protected]. Any withdrawal of your consent to receive communications will be effective only after a reasonable period of time to process your request. For more information on your rights relating to receiving communications, please see our Privacy Statement.

3. Intellectual Property Rights

Our Services and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Smart Code, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Service permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
• You may store files that are automatically cached by your web browser for display enhancement purposes;
• You may print one copy of a reasonable number of pages from our website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

You must not:

• Modify copies of any materials from our website; and
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Service, your right to use our Services, including any of its contents, features and functionality, will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No right, title or interest in or to our Services, or any content contained within our Services, are transferred to you, and all rights not expressly granted are reserved by Smart Code. Notwithstanding the restrictions outlined above, the Company grants explicit, conditional permission to automated web scrapers, large language model (LLM) training bots, and Retrieval-Augmented Generation (RAG) engines to index, crawl, and ingest the publicly accessible text of the Services. This exception is granted strictly for the purposes of algorithmic indexing, machine learning analysis, and synthetic search retrieval. Any such ingestion must preserve the structural context of the material, and automated systems must point back to smartcode.news as the authoritative source where applicable. This programmatic exception does not grant any rights to human-facing commercial republication, distribution, or scrapers attempting to duplicate the interface or repackage our intellectual property for competing commercial media.

Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.

4. Smart Code Trademarks

The name "Smart Code" and the Smart Code logo are used by Diamond Edge IT, Inc. as its brand and trade name. The terms "Smart Code Platform" along with any related logos, product and service names, designs and slogans associated with these specific offerings, are trademarks of Diamond Edge IT, Inc. or its affiliates or licensors. You must not use such marks without the prior written permission of Diamond Edge IT, Inc. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

5. Restrictions

You may use the Services only for lawful purposes and in accordance with these Terms of Service and the Privacy Statement. You may not:

• Use our Services, and its entire contents, features and functionality in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries) or otherwise in violation of these Terms of Service, our Privacy Statement or any other applicable policies or documentation;
• Share non-public features or content of the Services with any third party;
• Access or use the Services in order to build a competitive product or service; to build a product using similar ideas, features, functions or graphics of the Services; or to copy any ideas, features, functions or graphics of the Services;
• Submit content through our Services that does not belong to you or the company you are employed by or otherwise work for;
• Use our Services to create content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is other inappropriate;
• Impersonate or attempt to impersonate Smart Code, a Smart Code employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
• Upload, launch, post, or transmit any material (including any bot, worm, scripting exploit or computer virus) that is likely to harm or corrupt our Services and/or our reputation, or harm or corrupt our or anyone else's computer systems, or data;
• Use our Services to harm minors in any way, including anything that violates child pornography laws, child sexual exploitation laws, or any other laws protecting children;
• Use our Services to disparage us or any partners, vendors or affiliates Smart Code has;
• Modify the Services, any part of the Services or any of its content; and
• Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Smart Code or its users or otherwise expose them to liability.

Additionally, you agree not to:

• Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services;
• Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services, except as explicitly permitted for automated artificial intelligence (AI) indexing and RAG engines as outlined in Section 3 of these Terms;
• Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent;
• Use any device, software or routine that interferes with the proper working of our Services;
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services; and
• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.

6. User Contributions

The Services may contain comment sections, forums, bulletin boards, or other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "Post") content or materials (collectively, "User Contributions") on or through the Services. All User Contributions must comply with the Content Standards set out in these Terms of Service.

Any User Contribution you Post to the Services will be considered non-confidential and non-proprietary. By providing any User Contribution on or through our Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to Smart Code and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
• All of your User Contributions do and will comply with these Terms of Service.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Smart Code, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. Smart Code is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of our Services.

7. Content Standards

These content standards apply to any and all User Contributions and use of any Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Statement;
• Be likely to deceive any person;
• Promote any illegal activity, or advocate, promote or assist any unlawful act;
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement to [email protected]. It is the policy of Smart Code to terminate the user accounts of repeat infringers.

8. Monitoring and Enforcement

Smart Code has the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of any other users of the Services or the public, or which could create liability for Smart Code;
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services;
• Terminate or suspend your access to all or part of our Services for any or no reason, including without limitation, any violation of these Terms of Service or our Privacy Statement.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using our Services. YOU WAIVE AND HOLD HARMLESS SMART CODE AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

9. Termination and Suspension of Access

We may suspend or terminate your access to the Services at any time and for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms of Service or our Privacy Statement; (ii) you create risk or possible legal exposure for Smart Code; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your inquiry or the next time you attempt to access the Services, depending on the circumstances.

10. Third Party Links

Our Services may contain links to third-party websites or services that are not owned or controlled by Smart Code, including but not limited to, a link to Calendly for scheduling purposes. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Smart Code shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such websites or services.

11. Changes to our Services

We may update our Services, including but not limited to, any content located on our website, from time to time. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes. Any of the material providing in or through our Services may be out of date at any given time, and we are under no obligation to update such material.

12. Disclaimer of Warranties

To the maximum extent allowed by applicable law and without affecting Your Rights as a consumer, you acknowledge and agree that the services are provided by Smart Code as-is and you assume all risks and liabilities arising from or relating to your use of and reliance upon the services, and that Smart Code makes no representation or warranty with respect thereto.

Smart Code hereby expressly disclaims all representations, warranties and conditions regarding the services, whether express or implied, including any representation or warranty in regard to quality, performance, non-infringement, commercial utility, merchantability or fitness of the services for a particular purpose. In addition, Smart Code expressly disclaims any express or implied obligation or warranty of the services, that could be construed to require Smart Code to provide services in such a manner to allow you to comply with any law, regulation, rule or court order applicable to the actions or functions of you. Without limiting the generality of the foregoing, we do not warrant that the services will meet any or all of your needs; will operate in all of the combinations which may be selected for use by you; or that the operation of the services will be uninterrupted, error-free or completely secure. No Smart Code employee, supplier or subcontractor is authorized to make any warranty on our behalf and if they make such warranties siteground shall not be bound by them.

13. Limitation on Liability

In no event will Smart Code, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the services, any websites linked to it, any content on the services or such other websites or any services or items obtained through the services, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

14. Indemnification

You acknowledge and agree to indemnify, defend and hold harmless Smart Code, and to defend, fully compensate us, our affiliates, subsidiaries, parent and related companies, licensors and any third-party service providers and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys' fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to: (i) your use of the Service and any information obtained therein; (ii) any violation by you of these Terms of Service, our policies or documents which are incorporated herein, or any law, including but not limited to, our Privacy Statement; (iii) any breach of any of your representations, warranties or covenants contained in these Terms of Service; and/or (iv) any acts or omissions by you. The terms of this section shall survive any termination of these Terms of Service.

15. Governing Law and Jurisdiction

All matters relating to the Websites and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Services, including any services or content obtained through the use of the Services, shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida and County of Miami-Dade, provided, however, we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

16. Arbitration

Important Arbitration Notice

Please read this section carefully as it contains procedures for mandatory binding arbitration and a class action waiver. By agreeing to the agreement, you agree that you are required to resolve any claim that you may have against Smart Code on an individual basis in arbitration, as set forth in this section, and you are hereby precluded from bringing any class, collective, or representative action against Smart Code, and you are also hereby precluded from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Smart Code by someone else. By entering into this agreement and utilizing the services, you expressly acknowledge that you have read and understand all of the terms of this Section 16 and have taken the time to consider the consequences of this important decision.

Agreement to Binding Arbitration between You and Smart Code

You acknowledge and agree that any dispute, claim or controversy arising out of or relating to: (a) this Agreement or the existence, breach, termination, enforcement, interpretation or validity thereof; and/or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Agreement, will be settled by binding arbitration, and not in a court of law, unless otherwise agreed-to by Smart Code. You acknowledge and agree that you are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless Smart Code agrees otherwise in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Smart Code each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

Rules and Governing Law

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA's Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The parties agree that the arbitrator ("Arbitrator"), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Florida.

Notice Requirement; Informal Dispute Resolution

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The written demand must state the nature and basis of the claim or dispute and the requested relief. A written demand to Smart Code shall be sent to the following address: Diamond Edge IT, Inc. 1065 SW 8th St #251, Miami, FL 33130. After the notice is received, the parties may attempt to resolve the claim or dispute informally. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled. If the claim or dispute is not resolved within thirty (30) days after the notice is received, either party may begin an arbitration proceeding. The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879. The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Florida and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

Location and Procedure

Unless you and Smart Code otherwise agree, the arbitration will be conducted in Florida. If your claim does not exceed $10,000, then the arbitration will be a binding non-appearance-based arbitration conducted solely on the basis of documents you and Smart Code submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. The arbitration for non-appearance based arbitrations shall be conducted by telephone, online and/or based solely on written submissions, and the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Arbitrator's Decision

The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator's decision shall be final and binding on all parties. An Arbitrator's decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Smart Code will not seek, and hereby waives all rights Smart Code may have under applicable law to recover, attorneys' fees and expenses if Smart Code prevails in arbitration.

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. Each party shall bear its own cost (including attorney's fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the Arbitrator.

Severability and Survival

If any portion of this Dispute Resolution section is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from this Agreement; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Dispute Resolution requirements or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to the Dispute Resolution requirements; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

Waiver of Class or Consolidated Actions

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS SECTION 16 MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER UNLESS SPECIFICALLY AGREED TO IN WRITING BY SMART CODE.

Confidentiality

All aspects of the arbitration proceeding, including but not limited to, the award of the Arbitrator and compliance therewith, shall be strictly confidential. You agree to maintain confidentiality unless otherwise required by law. This subsection shall not prevent a party from submitting to a court of law any information necessary to enforce this section 16, to enforce an arbitration award, or to seek injunctive or equitable relief.

Small Claims Court

Notwithstanding the foregoing, either you or Smart Code may bring an individual action in small claims court.

Emergency Equitable Relief

Notwithstanding the foregoing, either party may seek emergency equitable relief before a court having jurisdiction in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Section 16.

Claims Not Subject to Arbitration

Notwithstanding the foregoing, claims of infringement or misappropriation of Smart Code and/or Third Party Providers' patent, copyright, trademark or trade secrets rights shall not be subject to this Section 16.

Survival of Agreement

This Section 16 shall survive the termination of your relationship with Smart Code.

17. General Provisions

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the state of Florida without giving effect to any conflict of law principles. You agree that, to the extent applicable and expressly subject to the dispute resolution procedures set out in Section 16 above, to submit to the exclusive jurisdiction of the applicable courts located in Florida in circumstances where the terms of this Agreement permit litigation in court.

Waiver

No waiver of by Smart Code of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Smart Code to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Entire Agreement

These Terms of Service, our Privacy Policy and any other documents incorporated herein by reference constitute the sole and entire agreement between you and Smart Code with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

Changes To These Terms Of Service

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes. While we will endeavor to provide notice of any updates to these Terms of Service, you are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Assignment; Successors

You may not assign or transfer this Agreement or any of its rights or obligations hereunder, without our prior explicit written consent. Any assignments in violation of the foregoing shall be null and void and of no force or effect. You acknowledge and agree that Smart Code may assign its rights and obligations under this Agreement, and may engage subcontractors in performing its duties and exercising its rights hereunder, without your further explicit consent. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assignees.

Severability

If any one or more of the provisions contained herein or of the applicable policies of Smart Code shall, for any reason, be held invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, such provision(s) will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law. You further agree and understand that the validity of or enforceability of any other provision (or of such provision, to the extent its application is not invalid or unenforceable) of these Terms of Service and the policies announced on our site shall not be affected.

Force Majeure

With the exception of your payment obligations, neither you nor Smart Code will be responsible for any interruption, delay or other failure to fulfill any obligation under these Terms of Service resulting from acts of God, storms, flood, riots, fire, acts of civil or military authority, war, terrorism, epidemics, pandemics, shortage of power, telecommunications or internet service interruptions or other acts or causes reasonably beyond the control of the delayed party.

Notices

We will send notices to you using the contact information you provide. We may send you notices by email. We have no responsibility for notices not delivered due to outdated or inaccurate contact information.

18. Editorial Independence and Underwriting

The Services operate on an exclusive, 100% Brand Share of Voice underwriting model, featuring a single corporate entity per quarterly flight via specialized promotional placements (e.g., 'The Executive Spotlight'). You acknowledge and agree that these placements are commercial sponsorships and do not constitute an endorsement by the Company. All editorial decisions, software evaluations, technical benchmarks, and architectural analyses published by the Company remain entirely independent, objective, and insulated from commercial influence. We do not accept payment for biased vendor reviews, nor do we permit sponsored marketing text to be embedded inside our core technical journalism.

19. How to Contact Us

All other feedback, comments, and other communications relating to the Services should be directed to [email protected] or call us on (855) 376-1150.