Terms of Use

The Terms of Use included herein apply to S&ME, Inc. its subsidiaries, partners and affiliates.   The use of the words “S&ME, Inc.”, “S&ME”, “we” or “us” herein shall also refer to S&ME, Inc.’s subsidiaries, partners and affiliates to the same extent as if each is specifically identified by their individual name.

Terms of Use – Electronic Messages

Emails and/or any other form of electronic messages, which include any attachments and other documents referred to therein, contain information from S&ME, Inc. that may be legally privileged and confidential. The information is intended for the use of the addressee(s) only. If you are not the addressee (or responsible for delivery of the message to such person), note that any disclosure, copying, distribution, or use of the contents of the message (including any reliance thereon) is prohibited. If you received the message in error please advise the sender by reply and delete the electronic message and any attachments.

It is the policy of S&ME, Inc. to provide clients with written reports signed by the author documenting the services performed by S&ME, Inc. for our clients. The contents of any electronic messages and any attachments thereto may be preliminary and incomplete, subject to review and revision. The messages may represent a summary with limitations, conditions and further explanation omitted in the interest of brevity and time constraints. Therefore, any electronic transmission is provided for information only and should not be relied on, pending receipt of final, signed reports.

COPYRIGHT NOTICE: Copyright 2011 by S&ME, Inc. All Rights Reserved. This notice applies to all electronic messages, all attachments thereto and all documents referred to therein. The electronic message, any attachments thereto and all documents referred to therein are the proprietary property of S&ME, Inc. The electronic message, any attachments thereto and all documents referred to therein are provided for the recipient’s information only, and no rights are transferred by the transmission of the electronic message by S&ME, Inc. or receipt of the message by the recipient or any other party.

Terms of Use-Web Site

The following terms and conditions (the “Terms and Conditions”) govern your use of this web site, and any content made available from or through this web site, including any subdomains thereof (the “Web Site”). The Web Site is made available by S&ME, Inc. (“S&ME” or “we” or “us”). BY USING THE WEB SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEB SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Web Site.

1. Proprietary Rights.

As between you and S&ME, S&ME owns, solely and exclusively, all rights, title and interest in and to the Web Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, Shockwave files, etc.), code, data and materials thereon, the look and feel, design and organization of the Web Site, and the compilation of the content, code, data and materials on the Web Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Web Site does not grant to you ownership of any content, code, data or materials you may access on or through the Web Site.

2. Limited License.

You may access and view the content on the Web Site on your computer or other device and, unless otherwise indicated in these Terms and Conditions or on the Web Site, make single copies or prints of the content on the Web Site for your personal, internal use only. Use of the Web Site and the services offered on or through the Web Site, are only for your personal, non-commercial use.

3. Prohibited Use.

Any commercial or promotional distribution, publishing or exploitation of the Web Site, or any content, code, data or materials on the Web Site, is strictly prohibited unless you have received the express prior written permission from authorized personnel of S&ME or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Web Site. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Web Site, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Web Site. If you make other use of the Web Site, or the content, code, data or materials thereon or available through the Web Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

4. Trademarks.

The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Web Site or on content available through the Web Site are registered and unregistered Trademarks of S&ME and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by S&ME that appear on the Web Site or on or through the Web Site’s services, if any, are the property of their respective owners. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site without the written permission of S&ME or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Web Site or on or through any of the Web Site’s services is strictly prohibited.

5. Relationship.

S&ME provides the information on these pages as a public service. Information contained in these pages is not intended as, and should not be taken as, engineering consulting advice. The use of the information provided in these pages should not be taken as establishing any contractual or other form of consultant-client relationship between S&ME and the reader of this information.
PLEASE NOTE: While we would like to hear from you, please understand that merely contacting us does not create a consultant-client relationship. We cannot become your consultant or represent you in any way unless (1) we know that doing so would not create a conflict of interest with any of the clients we represent, and (2) a contract for representation of your firm based on a specific scope of services has been executed.

6. Limitation of Liability. 

The information on this Web Site is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of this Web Site and the information on this Web Site.
Whilst we endeavor to ensure that the information on this Web Site is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the Web Site remains available or that the material on this Web Site is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).
Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct, indirect or consequential loss or damage arising under these terms and conditions or in connection with our website, whether arising in tort, contract, or otherwise – including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings.
However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

7. Applicable Laws.

We control and operate the Web Site from our offices in the United States of America. We do not represent that materials on the Web Site are appropriate or available for use in other locations. Persons who choose to access the Web Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.

8. Changes to Terms of Use.

S&ME reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Web Site and/or the services made available on or through the Web Site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.