Use of this Site Signifies your Agreement to the Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

By using this site, you signify your consent to these terms of use and agree to be legally bound by them. If you do not agree to these terms of use, please do not use the site. CernySmith reserves the right to revise these terms at any time by updating this posting. You are advised to visit this page periodically to review the terms as they are binding. It is also your responsibility to provide the appropriate resources to gain access to our website. Certain provisions may be superseded by expressly designated legal notices of the terms located on particular pages at this site.

The following legal restrictions and terms of use apply to CernySmith.com and any other site owned and/or operated by or on behalf of CernySmith or any of its subsidiaries, that states that it is governed by these Terms of Use and/or links to these Terms of Use (the sites and entities collectively referred to herein as "CernySmith.com" and "CernySmith" and/or “we” respectively).

USE OF MATERIALS
This site is owned and operated by CernySmith and/or, in the case of certain features, its third party service providers, and unless otherwise indicated the contents of CernySmith.com are the property of CernySmith and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. No material from CernySmith.com may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of CernySmith's copyright, trademark, and trade secret rights and others' proprietary rights. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited.

In the event you download content from the site, the content including any files, images incorporated in or generated by the content and data accompanying the content (together, the "Content") are licensed to you by CernySmith. CernySmith does not transfer title to the Content to you. As between you and CernySmith, CernySmith retains full and complete right, title, and interest in and to the Content and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Content.

You hereby grant CernySmith and its agents and licensees a worldwide, royalty-free, fully-paid, perpetual, non-exclusive license to use, including without limitation the right to copy, publish, perform, display and distribute and/or adapt, any material you upload to, distribute through or post on CernySmith.com, including without limitation via message boards, chat rooms and/or blogs or any other features on CernySmith.com, in whole or in part, alone or in combination with other material, in any and all media, now known or hereafter devised.

USER CONDUCT
Derogatory, harmful or unlawful conduct is not permitted on CernySmith.com. Users are not permitted to upload to, distribute through, or otherwise publish through CernySmith.com any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights

of any party, or that would otherwise give rise to liability or violate any law. Unauthorized commercial messages and/or public announcements are not allowed on CernySmith.com. Unauthorized collection and/or use of email addresses via CernySmith.com is also not allowed.

Please be aware that generally, information you post on, upload to or distribute through a message board, chat room, blog or any similar feature will be accessible by other users of CernySmith.com. Please be sure that any such information is information that you are comfortable sharing with the public.

Users are solely responsible for the content of their messages including without limitation the content of message board postings and/or comments made in chat rooms and/or any other features on CernySmith.com. CernySmith is not responsible for the content or accuracy of any information posted, uploaded or transmitted by users of CernySmith.com including without limitation the content of message board postings and/or comments made in chat rooms and/or any other features on CernySmith.com. You acknowledge that CernySmith may or may not pre-screen and/or monitor content posted on CernySmith.com, and that CernySmith shall have the right to remove, edit, move or close, in whole or in part, any thread or posting in any chat room and/or similar feature on CernySmith.com at any time for any reason, in CernySmith’s sole discretion.

You hereby agree to comply with all laws that apply or may apply to your use of or activities on CernySmith.com and any rules for conduct on CernySmith.com or use of specific features and/or services offered thereon that may be posted on CernySmith.com, whether in these terms of use or otherwise, from time to time.

NO PERSONAL ADVICE
Any informational materials provided on CernySmith.com, including without limitation the opinions and/or recommendations of any authors and/or moderators, are not intended to substitute for any professional educational, medical, legal, psychiatric, employment or other advice. Without limitation of the Disclaimer paragraphs set forth below, CernySmith makes no representations or warranties regarding, and expressly disclaims any and all liability concerning, any action by any person following the information offered or provided within or through CernySmith.com. If you have concerns or a situation in which you require professional advice, then you should consult with an appropriately qualified professional in the relevant field.

THIRD PARTIES
Your correspondence and dealings with third parties including without limitation coaches, advisors, job seekers, employers and/or advertisers that you encounter via CernySmith.com are solely between you and such entity. You agree that CernySmith shall not be responsible or liable for any dispute, loss or damage of any sort incurred as a result of any such dealings. In addition, you acknowledge that CernySmith does not endorse, verify, or make any representations regarding any third party advertisements, products or services and does not confirm that each user of CernySmith.com is who the user claims to be. It is your sole responsibility to research and verify the legitimacy of any organization, individual or prospective employer advertising on CernySmith.com, and you are solely responsible for your decision to submit personal information to any third party, whether in connection with potential employment or otherwise.

PRICING
With respect to items sold by CernySmith online we do NOT charge your credit card until after your order has entered the delivery process. From time to time, however, some items in our online stores may be mispriced. If we discover an item that you have ordered is mispriced, we may do one of the following:

If an item's correct price is lower than our stated price, upon becoming aware of the issue we will contact you and refund the difference of the amount paid by you and the item's correct price.

If an item's correct price is higher than our stated price, we will contact you upon becoming aware of the issue for instructions. If we become aware of the issue before the item has been delivered, we reserve the right to cancel your order and notify you of such cancellation.

CHANGES TO SITE
CernySmith may add, change, discontinue, remove or suspend any portion of CernySmith.com at any time, without notice.

USER ACCOUNTS
Certain portions of CernySmith.com may ask you to create an account. If you choose to create such an account, you agree to provide only true, accurate, current and complete information. You further agree to accept all responsibility for all activities that occur under your account or password, if any, and that you will not sell, transfer or assign your account or allow others to use it. You are responsible for maintaining the confidentiality of any user name and/or password that may assigned to or selected by you so that others may not access any members-only or password-protected portions of CernySmith.com using your account and/or identity. CernySmith reserves the right, in its sole discretion and without notice to you, to terminate your account and/or to restrict your access to all or part of CernySmith.com for any reason, including without limitation for extended periods of inactivity.

TERMINATION
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from CernySmith.com and all related documentation and all copies and installments thereof whether made under the terms of this Agreement or otherwise. This Agreement will terminate immediately without notice from CernySmith, if in CernySmith's sole discretion you fail to comply with any term or provision of this Agreement, if you are a repeat infringer of any third party's rights, or if you engage in conduct that is illegal, tortious or that interferes with the technological operation of this site. Upon termination, you must destroy all materials obtained from CernySmith.com and all copies thereof, whether made under the terms of this Agreement or otherwise.

DISCLAIMER
CERNYSMITH MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO CERNYSMITH.COM OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." CERNYSMITH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO CERNYSMITH.COM AND ANY WEB SITE WITH WHICH IT IS LINKED. CERNYSMITH DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON CERNYSMITH.COM OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT CERNYSMITH.COM, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF CERNYSMITH.COM OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. CERNYSMITH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON CERNYSMITH.COM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT CERNYSMITH) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CERNYSMITH BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON CERNYSMITH.COM, EVEN IF CERNYSMITH OR A CERNYSMITH AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CERNYSMITH'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING CERNYSMITH.COM.

YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING CERNYSMITH.COM AND AGREEING TO THESE TERMS OF USE, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

INDEMNIFICATION
By using CernySmith.com, you agree to indemnify, defend and hold harmless CernySmith from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys' and other legal fees and costs) arising out of or relating to: (1) your violation of these terms of use or any law, rule or regulation; (2) a claim that is based on your use of any content on CernySmith.com; or (3) any material uploaded by you or through your computer to CernySmith.com or otherwise sent by you to CernySmith. You will cooperate as fully and reasonably as required by CernySmith in the defense of any claim. CernySmith reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of CernySmith.

JURISDICTIONAL ISSUES
CernySmith.com is controlled and operated by CernySmith from its offices in California, United States of America. CernySmith makes no representation that materials on CernySmith.com are appropriate or available for use in other locations. Those who choose to access CernySmith.com 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. Software from this site is further subject to United States export controls. No software from CernySmith.com may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

OTHER
This Agreement shall be governed by and construed in accordance with the laws of the state of California, without giving effect to any principles of conflicts of law. You and CernySmith each agree to submit to the exclusive jurisdiction of the courts of the state of California and the federal courts of the southern district of California. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions, and such provisions shall be deemed modified so that its purpose can be lawfully effectuated and enforced. This is the entire agreement between the parties relating to the subject matter herein.

PERMISSION FOR REPRINTS
All material on CernySmith.com without limitation, is protected by U.S. and foreign copyright and trademark laws. In order to request permission to reprint any material on CernySmith.com (outside of personal, non-commercial use), please write to:

CernySmith
746 E. Chapman Ave.
Orange, CA 92866

PERMISSION FOR WEB LINKING

If you link to CernySmith.com, you may only link to the home page, and the link must be in plain text, unless otherwise approved in writing by CernySmith. Any such link must not damage, dilute or tarnish the goodwill associated with CernySmith and/or any CernySmith intellectual property, nor may the link create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with CernySmith, and you may not “frame” CernySmith.com. You may not link to CernySmith.com from any web site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in CernySmith’s sole discretion. CernySmith reserves the right, in its sole discretion, to terminate any link from any web site.

To request permission to place a link from your web site to CernySmith.com, please send your name, address, web site URL, and nature of the web site to: ClientServices@CernySmith.com.

COPYRIGHT INFRINGEMENT CLAIM NOTICE AND PROCEDURE
Notification of a copyright infringement claim must be submitted to the following:

CernySmith
746 E. Chapman Ave.
Orange, CA 92866
Phone: 714.514.6149
Send Email using Online Form

The notification must be in writing and include:

1. A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of each alleged infringing copyrighted work or works;
3. Identification of the allegedly infringing material and information reasonably sufficient to enable us to locate such material;
4. Information reasonably sufficient to enable us to contact the party complaining of an alleged infringement (e.g. an address, telephone number, and email address);
5. A statement that the complaining party has a good-faith belief that use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

CernySmith reserves the right, at its sole discretion, to change, modify, add or delete portions of these terms of use at any time. The current terms of use may be viewed on this Terms Of Use page along with the date of the most recent update.

For other questions about CernySmith.com, please consult Client Services.