JSmithAssoc.com Terms and Conditions of Use

Welcome to JEFF SMITH & ASSOCIATES! These are our terms and conditions for the use of the network, which you may access in several ways, including but not limited to the World Wide Web via JSmithAssoc.com, via the JSA social media accounts, mobile phone and RSS feeds.

In these terms and conditions, when we say the “JSA Site” we mean the digital information network operated by or on behalf of JEFF SMITH & ASSOCIATES, INC. or its parent companies, subsidiaries and affiliates (collectively “JEFF SMITH & ASSOCIATES”), regardless of how you access the network. However you access the JSA Site, you agree to be bound by these terms and conditions.

1. Termination of Account
   If you no longer accept these terms and conditions, or any future modification to these terms and conditions, you must cease using the JSA Site. Continued use of the JSA Site indicates your continued acceptance of these terms and conditions. If for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel your access to the registration areas of JSA Site immediately and without prior notice.
2. Use of Material appearing on the JSA Site
   Your use of the JSA Site is for your own personal and non-commercial use only. You acknowledge that, as between JEFF SMITH & ASSOCIATES and you, except for Contributed Content, JEFF SMITH & ASSOCIATES is the sole owner of all content on the JSA Site, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video and other material appearing on the JSA Site (“JEFF SMITH & ASSOCIATES Content”). The JSA Site and the JEFF SMITH & ASSOCIATES Content are protected by the copyright laws and other intellectual property laws of the United States and are protected globally by applicable international copyright treaties.

You may download and print extracts from the JSA Site for your own personal and non-commercial use only, provided you retain any author attribution, copyright or trademark notice or restriction in any material that you download or print. You may not use any JEFF SMITH & ASSOCIATES Content for any other purpose without our prior written approval. Except as expressly authorized by JEFF SMITH & ASSOCIATES in writing, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing on the JSA Site. If you wish to use our content other than as permitted by these terms and conditions, please contact us at careers@jsmithassoc.com.

3. Privacy
   Please see our privacy policy for details of how personally identifiable information is collected and may be processed or shared with others. You will find the complete online Privacy Policy here.
4. Changes and Updates
   From time to time, JEFF SMITH & ASSOCIATES may change these terms and conditions at our sole discretion, and we reserve the right to do without your consent. Any revised terms and conditions will be applicable at the time of posting on the JSA Site. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted the updated terms if you continue to use the JSA Site after it has been posted.
5. Indemnification
   You agree to defend, indemnify, and hold harmless JEFF SMITH & ASSOCIATES, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out a breach by you or any user of your account of these terms and conditions or privacy policy or arising out of a breach of your obligations, representation, and warranties under these terms and conditions.
6. No Warranty
   The JSA Site is provided “as-is” and “as available,” without warranty of any kind, either express or implied including but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the JSA Site; and (ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. JEFF SMITH & ASSOCIATES also makes no representations and warranties as to any linked sites, and JEFF SMITH & ASSOCIATES has no liability or responsibility with respect to your use of such sites. JEFF SMITH & ASSOCIATES and its affiliates do not endorse nor shall they be responsible or liable for the accuracy or reliability of any statement made on the JSA Site by anyone. This disclaimer of liability applies to any damages or injuries caused by the JSA Site, including, without limitation, those damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content available on the JSA Site; or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorized access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action.
7. Limitation of liability
   You acknowledge and agree that, to the fullest extent permitted by applicable law, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, in no event will JEFF SMITH & ASSOCIATES or its affiliates, including, without limitation, their respective officers, directors, employees, successors and assigns, be liable to you or any other party for any direct or indirect loss, damage, cost, expense or liability of any kind (“loss”) arising in any way out of or in connection with the availability, use, reliance on, or inability to use the JSA Site including (without limitation): (i) Damages for business interruption, loss of business and other profits, loss of programs, cost of replacing equipment or software or loss of records, information or data, loss of use of data, loss of revenue, loss of goodwill, loss of customers, loss of or damage to reputation, loss of capital, downtime costs, loss under or in relation to any other contract, or loss of anticipated savings or benefits; (ii) any indirect, special, exemplary, punitive, incidental or consequential loss; or (iii) any loss attributable to errors, omissions, or other inaccuracies in the JSA Site. The exclusion of liability in this section applies even if JEFF SMITH & ASSOCIATES shall have been advised of the possibility of such laws. Because some states or jurisdictions do not allow the exclusion or limitation of liability for particular kinds of loss, in such states or jurisdictions, JEFF SMITH & ASSOCIATES’s liability shall be limited to the extent permitted by law (i.e. JEFF SMITH & ASSOCIATES’s liability to you will be the lowest amount that applicable law permits).
8. No waiver
   Our election or failure to enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of JEFF SMITH & ASSOCIATES.
9. Governing Law & Jurisdiction
   These terms and conditions are governed by the laws of the state of Massachusetts and the parties agree to submit to the exclusive jurisdiction and venue of state and federal courts located in East Sandwich, MA, as the exclusive forum for any disputes.
10. Contacting Us
    If there are any questions regarding these terms, you may contact us via email at careers@jsmithassoc.com or by using the information below.

Last Updated on October 10, 2024