The text, images, data, links, or other materials ("Content") found on the Site is provided to you by us and users of the Site, including people like you, for informational purposes only. The Content found on the Site is the property of eSmartass, and therefore, cannot be republished by any third-party without prior written consent from eSmartass.
All trademarks, trade names, tag lines remain the sole and exclusive property of eSmartass or their respective owners. Before being published on the Site the Content found on the Site is not reviewed, screened, censored, edited, or otherwise modified. By using the Site, you expressly relieve us from any and all liability arising from your use of the Site.
When you post Content to the Site, either joke requests, jokes themselves, comments or any other content you are granting us, or warranting to us that the owner of such Content has expressly granted us a royalty-free, perpetual, irrevocable, fully sub-licensable, exclusive right to use, reproduce, recategorize, reclassify, reorder, modify, translate, adapt, publish, create derivative works therefrom, transmit, distribute, perform, display and delete such Content (in whole or in part) worldwide and to incorporate such Content in other works in any form, media or technology now known or hereafter developed. Among other things, this grant allows us the ability to display commercial advertising on the Site in connection with the Content.
By posting Content on the Site you agree that the material you are posting: (i) does not violate any applicable law, statute, ordinance, or regulation; (ii) does not violate the contractual or fiduciary rights of any third party; (iii) does not infringe any third party’s intellectual property rights, rights of publicity, or privacy; (iv) is not false or misleading or fraudulent; (v) does not misrepresent your affiliation with any person or entity; (vi) is not defaming; and (vii) is not pornographic, indecent, lewd, or suggestive.
eSmartass respects the intellectual property rights of others and expects users to do the same. Pursuant to 17 U.S.C 512(c)(3) (Digital Millennium Copyright Act of 1998), eSmartass’ designated agent for notice of alleged copyright infringement is or other impairment to an entity:
8400A Menaul Blvd NE #157
Albuquerque, NM 87112
To file a notice of infringement with us, you need to fulfill the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office website, http://www.copyright.gov/legislation/pl105-304.pdf (visited September 16, 2011). Those accused of copyright infringement are informed that repeated violation could result in permanent suspension from the Site.
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. THE SITE AND ALL CONTENT THEREON ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. eSmartass EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY PRODUCTS OR SERVICES PROVIDED, FOUND OR ADVERTISED BY eSmartass OR ITS ADVERTISERS. eSmartass MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE OR CONTENT OR THE CONTENT OF ANY WEBSITES LINKED FROM OR TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, INTERRUPTIONS OR INACCURACIES OF THE SITE OR CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF OUR SITE, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (IV) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. eSmartass DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE eSmartass SITE OR ANY PRODUCT OR SERVICE MENTIONED IN THE CONTENT ON THE SITE OR ANY HYPERLINKED SITE OR ANY SITE FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE SITE.
No Medical Advice. The Site may contain information on a variety of medical topics; however there is absolutely no assurance that any information touching on medical matters is true, correct, or precise. The medical information provided on this Site is of a general nature and cannot substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site. eSmartass does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this Site.
No Legal Advice. This Site may contain information on a variety of legal topics; however there is absolutely no assurance that any information touching on legal matters is true, correct, or precise. The legal information provided on the Site is of a general nature and cannot substitute for professional legal advice. Always seek the advice of competent counsel with any questions you may have regarding a legal issue. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel.
No Financial Advice. This Site may contain information on a variety of financial topics; however there is absolutely no assurance that any information touching on financial matters is true, correct, or precise. The financial content on this Site is provided for your personal information only, is not intended for trading purposes, and cannot substitute for professional financial advice. Always seek advice of a competent financial advisor with any questions you may have regarding a financial matter. Information on this Site is not appropriate for the purposes of making a decision to carry out a transaction or trade nor does it provide any form of advice (investment, tax, or legal) amounting to investment advice, or make any recommendations regarding particular financial instruments, investments, or products.
IN NO EVENT SHALL eSmartass, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF THE eSmartass SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT eSmartass IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
eSmartass will give you any necessary notices by posting them on the Site. You authorize eSmartass to send notices via electronic mail as well if it decides, in its sole discretion, to do so. You agree to check the Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Site.
Users of the site may be granted the ability to maintain and modify the site. Such powers are granted to users in a volunteer capacity.
This Site is intended for persons at least 13 years old. In accordance with the Federal Children's Online Privacy Protection Act of 1998 (COPPA), eSmartass will never knowingly solicit nor will it accept personally identifiable information from users known to be under thirteen (13) years of age.
Date Last Updated: December 28, 2012