Terms of Use

Your access to and use of SIBanking.com or smileytechnologies.com, collectively referred to herein as SIBanking.com, is voluntary and is done entirely at your own risk. By accessing and using the SIBanking.com website or its sub-sites you accept, without limitation, the following terms and conditions.

Gathering Information via the Web

Information regarding Smiley Technologies, Inc.’s (Smiley’s) website users is collected only when the user voluntarily supplies this information when submitting forms on this website.

Information gathered through forms available on this website differs depending on the form submitted by user, either a “Contact Us” request or an “Employment Interest Form.” Whenever you submit personal information for a specific purpose, your information will be used for that purpose only. Basic user information requested on either or both forms may include:

  • E-mail address
  • Name, company name, address, and phone number
  • Job position of interest, salary expected, education completed and additional information you may report about yourself
  • Preferred method of contact

 

You represent and warrant that all information you submit is truthful and accurate.

Information Sharing

If required to respond properly to requests from you made via this website, you affirmatively consent to Smiley’s use of the information voluntarily provided by you to share with others within our company. Such information will only be accessible by Smiley’s employees who are properly trained and have a business need for such information. The information you provide will never be shared, sold or distributed to any third parties.

Links to Other Websites

Smiley provides links to other websites independent from www.SIBanking.com. However, while Smiley may maintain business relationships with or have received certifications from the operators of such websites, we are not responsible for the content or privacy policies of those websites and have no control over such websites. Smiley is not responsible for those websites and provides access to these websites for your convenience only, and accessing such sites is done strictly at your own risk.

Copyright Protection

The material, information, and content on this website are copyrighted property of Smiley and may not be copied, distributed, republished, uploaded, posted, or transmitted without express written consent. Any reproduction, modification, or other use is expressly prohibited.

This website may be displayed, downloaded and/or printed solely for your personal, non-commercial home use, provided that you do not delete or modify any copyright, trademark or other proprietary notices. Any other use of the material on this website without the prior written consent of Smiley is strictly prohibited.

Disclaimer of Warranties and Liabilities

Smiley makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information, materials, or content provided on this Website. ALL INFORMATION, MATERIALS, AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. SMILEY MAKES NO WARRANTY OR REPRESENTATION REGARDING THE ACCESSIBILITY OF THIS WEBSITE.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the disclaimers and limitations of liability may not apply. To the extent that Smiley may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Smiley’s liability shall be the minimum permitted under such applicable law.

Updates

Smiley reserves the right to update, suspend, discontinue, and/or modify these Terms of Use, the SIBanking.com website, and any of its content, at any time and without notice at the sole discretion of Smiley. Content found herein should be considered current only as of the initial publication date and not the date on which the content was accessed.

Communications

Unless specifically provided otherwise in this website, any communications and materials you send to this website or to Smiley via internet or electronic mail are sent on a non-confidential basis and without any promises by Smiley to keep such information confidential. Smiley further shall have the right to use (including reproduce, modify, distribute and display) such communications or materials for any purpose whatsoever (including, without limitation, to develop, manufacture and/or market products) and without any obligation to pay you compensation for such use. Any information you send Smiley must be legal, truthful and not violate the rights of any others. You further agree to defend, indemnify, and hold harmless Smiley and its affiliates, shareholder, directors, officers, and employees from any and all claims or actions for actual or alleged infringement of any patent, trademark, copyright or other property right arising out of or in connection with your violation of any third party’s intellectual property rights, privacy rights or other any other property rights.

Indemnity

As a condition to your use of this website, you agree to indemnify and hold Smiley, its officers, directors, shareholders, employees, agents and affiliates, harmless from any claims, demands, losses, liabilities or expenses (including attorneys’ fees), made against Smiley by any third party due to or arising out of or in connection with your use of the SIBanking.com website.

General Terms

These Terms of Use constitute the entire agreement between you and Smiley with respect to accessing or using this website and the information contained herein. These Terms of Use shall be governed by the laws of the United States and the laws of the State of Arkansas. Any claims or suits arising from or related to these Terms of Use or your access and/or use of the SIBanking.com website shall be brought in the federal or state courts located in Pulaski County, Arkansas, and you irrevocably agree to submit to the exclusive jurisdiction of such courts without regard to the principles of conflict of laws. Smiley’s failure to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision. If a court of competent jurisdiction rules that any provision contained in these Terms of Use is invalid, then such provision will be limited or removed to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use without affecting the remainders provisions, and the remaining provisions will be deemed to be valid and enforceable. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use shall remain in full force and effect notwithstanding your ceasing to use the SIBanking.com website. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. Any use of the website in violation of these Terms of Use may result in, among other things, termination or suspension of your rights to use the website.