Welcome to our website, https://www.smolin.com (the “Website”). When we say “our,” “we,” or “Smolin” we are referring to Smolin, Lupin & Co., LLC. When we say “user”, “you” or “your,” we mean any user of the Website, any person who has notice of these terms and conditions of use, and any company, or other legal entity on behalf of which such person is accessing or using the Website, as applicable.

These terms and conditions of use (“Terms of Use”) are entered into by and between you and Smolin. The following Terms of Use, together with any documents they expressly incorporate by reference, govern your access to and use of the Website, including any content, functionality and products and services offered on or through the Website. By using this Website, you represent that you are an adult of 18 or more years of age, have the legal capacity to enter a contract, and agree to comply with and be bound by the Terms of Use. Please review these Terms of Use carefully. If you do not agree to these Terms of Use, you are not authorized to use this Site. The materials contained in this website are protected by copyright and trademark law. This Terms of Use agreement (the “Agreement”) governs your access to and use of the Website.

1. Privacy
   While using the Website, you may provide, or we may collect, information about you. We’re committed to protecting the privacy of users of our services and visitors to our Website and we explain our policies with respect to the use and disclosure of such information in our Privacy Policy, available at https://www.smolin.com/privacy-policy/. Your use of the Website is governed by our Privacy Policy, which is hereby incorporated into this Agreement. Further, your use of this Website shall constitute and be deemed your unconditional acceptance of this Agreement.

2. Accessibility
   While we can’t guarantee that all the features and functions of our Website will be fully accessible by all people with disabilities, we’re committed to making the Website available to all visitors, including those with disabilities, and have designed the Website with accessibility in mind. If you notice any content, feature, or functionality of the Website that isn’t accessible to people with disabilities, please email us at marketing@smolin.com with the words “Disabled Access” in the subject line. In the email, please provide a description of the specific feature you feel isn’t accessible or a suggestion for improvement. We can’t promise that we’ll make the changes you suggest, but we can assure you that we’ll take your input seriously and will consider it as we evaluate ways to accommodate all of the visitors to our Website and improve our overall accessibility.

3. Website Content Disclaimer
   All the materials on Smolin’s Website are provided “as is”. Smolin makes no warranties, either express or implied. Furthermore, Smolin does not make any representations concerning the accuracy or reliability of the use of the materials on its website or otherwise relating to such materials or any sites linked to its Website. We do not warrant that the Website or its features will be accessible at all times or that it will function in an error free manner. We reserve the right to cease operating the Website or any of its features at any time.

The materials appearing on Smolin’s Website may include technical, typographical, or photographic errors. Smolin does not and will not promise that any of the materials on our Website are accurate, complete, or current. Smolin may change the materials contained on its Website at any time without notice. Smolin does not make any commitment to update the materials.

4. Intellectual Property
   We own all right, title, and interest, and/or have a valid right to use and sublicense the Website and all content on the Website, including, without limitation, all copyrighted material, trademarks, service marks, logos, trade names, patented material, trade secrets and other proprietary material used on the Website (collectively, “Intellectual Property”).  This content may include, but is not limited to, information, software, data compilations, text, displays, images, graphics, logos, button icons, video and audio, and the design, selection, and arrangement thereof.

5. Website Use License
   Smolin grants you a limited, non-exclusive, non-transferable, revocable right and license to access and use the Website for your own personal non-commercial use, subject to your compliance with these Terms of Use, including, without limitation, the restrictions on the use of the Website.  Permission is granted to temporarily download one copy of the materials on Smolin’s website for personal, non-commercial transitory viewing only.

This is the grant of a license, not a transfer of title, and under this license, except as required under applicable law, you must not do any of the following for any purpose without our prior written consent:

• reproduce, duplicate, distribute, modify, sell, create derivative works of, publicly display, publicly perform, republish, download, store, transmit or otherwise exploit the materials, in whole or in part;
• use the materials for any commercial purpose or for any public display;
• attempt to reverse engineer any software contained on Smolin’s website;
• remove any copyright or other proprietary notations from the materials; or
• transfer the materials to another person or “mirror” the materials on any other server.

Smolin, in its sole discretion, may suspend, discontinue or terminate your license upon violations of any of these restrictions or at any time for any reason. Upon termination, your viewing right will also be terminated and you should destroy any downloaded materials in your possession whether such materials are in printed or electronic format.

6. Your Obligations and Responsibilities
   In the access or use of the Website, you shall comply with these Terms of Use and the special warnings or instructions for access or use posted on the Website. You shall act always in accordance with the law, custom and in good faith. It is strictly prohibited to use or contact this Website to disrupt or damage the Website, its contents or its security measures or to harass or disparage Smolin or its products or services or personnel. No unsolicited email (spam) may be directed to or through this Website. Users may not use our Website in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, threatening, abusive or hateful. IF YOU DEFAULT NEGLIGENTLY OR WILLFULLY IN ANY OF THE OBLIGATIONS SET FORTH IN THESE TERMS OF USE (INCLUDING OUR PRIVACY POLICY), YOU SHALL BE LIABLE FOR ALL THE LOSSES AND DAMAGES THAT THIS MAY CAUSE TO SMOLIN, OUR AFFILIATES, PARTNERS OR LICENSORS.
7. Your Account
   You may choose to register at our Website. If you do, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and you agree not to provide any other person with access to the Website or portions of it using your user name, password, or other security information.  You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only accurate, truthful information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.  You acknowledge and agree that we are not liable for any claim, demand, loss, or damages of any kind that may result from unauthorized access to your account, irrespective of whether you were aware of such unauthorized access.

If we have reasonable grounds to suspect, as determined in our sole discretion, that any information you provide in connection with your account is untrue, inaccurate, or incomplete, we have the right to refuse, with or without notice, any and all current or future requests you make through the Website and/or to suspend or terminate your account.  We shall have no liability associated with or arising from your failure to maintain accurate information in connection with your account, including, but not limited to, your failure to receive critical information about us and/or the Website.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

8. Links to Third Party Websites
   Smolin has not reviewed all of the third party websites linked to its website. Smolin is not responsible and assumes no liability for the unaffiliated websites to which it is linked to or from, including but not limited to the content or web pages or other, products, services or materials on the external websites linked or posted to this Website by anyone other than Smolin. We may permit some links for convenience, but such links are not an endorsement by Smolin, our affiliates or our partners of the referenced content, product, service or supplier. Please note that the rules and privacy policies of linked sites may differ from those of Smolin and should be reviewed by you when you use the link to access the third party website. The use of any linked website is at the user’s own risk.
9. Indemnification
   You agree to indemnify, defend and hold Smolin, its affiliates and its partners, together with their respective employees, consultants and agents, as applicable, and their successors and assigns, harmless from any liability, loss, claim, damage and expense, including reasonable attorney’s fees and costs, related to your violation of this Agreement or use of the Site.
10. Limitation of Liability
    UNDER NO CIRCUMSTANCES WILL SMOLIN, ITS AFFILIATES AND ITS PARTNERS, TOGETHER WITH THEIR RESPECTIVE EMPLOYEES, CONSULTANTS AND AGENTS, AS APPLICABLE, BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR WEBSITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT IS TO CEASE ALL USE OF THE WEBSITE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

11. Disclaimer of Warranties
    THE INFORMATION ON THIS WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. SMOLIN DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATION WITH RESPECT TO (i) THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE; (ii) THE ACCURACY, RELIABILITY, AND OTHERWISE EXPECTED PERFORMANCE OF ANY CONTENT OR SERVICES OBTAINED THROUGH THE WEBSITE; (iii) THE ABSENCE OF VIRUSES OR OTHER MALICIOUS CODE; AND (iv) CORRECTION OF DEFECTS OR OTHER OPERATIONAL LIMITATIONS ON THE SITE.  TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITE SHALL BE TO DISCONTINUE USING THE WEBSITE.

These disclaimers shall apply to the fullest extent permitted by law.

12. Applicable Law
    You agree that conflicts of laws provisions are waived and otherwise not applicable to this Agreement and that the laws of the state of New Jersey will govern this Agreement and any dispute that may arise between you and Smolin or its affiliates and partners. Venue shall be the state and federal courts located in New Jersey.
13. Waiver and Severability
    No waiver by Smolin of any term or condition set forth in these Terms of Use 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 Smolin to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, unenforceable or otherwise contrary to law, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

14. Entire Agreement
    The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Smolin with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
15. Relationship of the Parties
    Each party is, and shall remain, an independent contractor and nothing contained in this Agreement shall be construed to make either party a partner, joint venturer, employee or agent of the other party, and neither party shall hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party.
16. Website Terms of Use Modifications
    We reserve the right, in our sole discretion and without notice, to change these Terms of Use at any time by posting the changes on the Website. We may revise and update these Terms of Use from time to time at our sole discretion. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your acceptance and agreement to all such updated terms of use. You are expected to check this page from time to time/frequently/each time you access this Website so you are aware of any changes, as they are binding on you.
17. Contact Information
    We may be reached via email at marketing@smolin.com and by mail at the following address:

Smolin Lupin & Co., LLC
10 Waterview Blvd.
Suite 300
Parsippany, NJ 07054